Digital Commons Network^™

Chemical Characterization Of Organic Carbon In Various Particulate Matter Samples, Tylor J. Lahren

Theses and Dissertations

No abstract provided.

Development Of A Method For Numerical Simulation Of Free Energy Profile Of Rn@C₆₀ By Hybrid Monte Carlo Wang-Landau Methods, Andrew Magness

Theses and Dissertations

No abstract provided.

Complexity And Thresholding Phenomena In The Partitioning Problem, Scott D. Kerlin

Theses and Dissertations

No abstract provided.

Process Simulation Study On Clean, Advanced And Efficient Lignite Fired Power System For Production Of Steam, Power And Carbon Products, Charles K. Thumbi

Theses and Dissertations

No abstract provided.

A Climatological Analysis Of Soil Frost Depth At Fargo, North Dakota, Usa : 1981-2001, Brian Torborg

Theses and Dissertations

No abstract provided.

Gender Role Stereotypes In Children's Literature : A Content Analysis Of Award Winning Children's Books, Mary A. Woinarowicz

Theses and Dissertations

No abstract provided.

Effects Of Rpe Measurement On Perceived Exertion And Exercise Enjoyment, Madonna D. Dorsher

Theses and Dissertations

No abstract provided.

Computer Simulation Study For The External Predrying Of Lignite Coal, Carlos Javier Bucaram

Theses and Dissertations

No abstract provided.

Ecosystem Services Assessment Of Grand Forks County, Hom J. Adhikari

Theses and Dissertations

No abstract provided.

Numerical Modeling Of Electromagnetic Scattering In Explosive Granular Media, Garth Sundberg

Dissertations and Theses

Terahertz (THz) reflection and transmission spectroscopy is a promising new field with applications in imaging and illicit material detection. One particularly useful application is for the detection of improvised explosive devices (IEDs) which is a favorite weapon of global terrorists. Explosive materials have been shown to have a unique spectral signature in the THz band which can be used to identify the explosives. However, the initial measurements performed on the explosive samples do not account for the modulation of the spectral features by random scattering that will be prevalent with actual samples encountered in applications. The intent of this work …

Somatization And Engagement In Mental Health Treatment, Teresa Chianello

Dissertations and Theses

Somatization, the presentation of physical symptoms without an identifiable cause, is among the most common problems in primary medical care. Treatment approaches are typically offered within the medical consultation interview once the medical provider distinguishes between physical and emotional etiology. This dualistic strategy is especially troublesome for patients whose physical complaints cannot be validated and who are recommended for only mental health therapy. The aim of this study was to examine how medical practitioners can instead motivate patients to consider both physical and emotional treatment. An analogue intervention consisting of an enhanced consultation interview was compared to a care as …

Initiation Zone Characterization Of Debris Flows In November, 2006, Mount Hood, Oregon, Rachel Pirot

Dissertations and Theses

In November, 2006, a storm generated a minimum of 34 cm of precipitation in six days, triggering debris flows in many of the drainages on all sides of Mount Hood, Oregon. Of the eleven drainages surveyed, seven experienced debris flows; these include the White River, Salmon River, Clark Creek, Newton Creek, Eliot Creek, Ladd Creek and Sandy River basins. Flows in the White River, Eliot Creek, and Newton Creek, caused major damage to bridges and roadways. Initiation elevations averaged around 1,860 meters. Initiation zone material was predominantly sand (45-82%) with gravel (15-49%) and had few fines (3-5%). Four debris flows …

Effects Of Training On Physical Performance Wearing Personal Protective Equipment, David P. Swain, James A. Onate, Stacie I. Ringleb, Dayanand N. Naik, Marlene Demaio

Human Movement Studies & Special Education Faculty Publications

We evaluated the effects of wearing a weighted vest during 6 weeks of military-style training. Forty-three subjects were randomly assigned to a control group or a vest group (carrying 4-5 kg for 2 weeks, and 8-10 kg for 4 weeks), with 37 completing the study (17 vest, 20 control). Both groups performed stair climbing in addition to standard Marine Corps training for 1 hour, four times per week. Pre- and post-tests were performed while wearing military personal protective equipment, with the exception of the Marine Physical Readiness Test (PRT). Both groups significantly improved PRT scores (8.4% 3-mile run, 28-38% calisthenics) …

Federalism At The Cathedral: Property Rules, Liability Rules, And Inalienability Rules In Tenth Amendment Infrastructure, Erin Ryan

University of Colorado Law Review

This Article explores the consequences for good governance of poorly constructed legal infrastructure in the Tenth Amendment context, and recommends a simple jurisprudential fix: exchanging a property rule for the inalienability remedy rule that the Supreme Court used to protect the anticommandeering entitlement in New York v. United States. Grounded in a values-based theory of American federalism, it shows how the New York inalienability rule unnecessarily removes tools for resolving interjurisdictional quagmiresexemplified by the radioactive waste capacity problem at the heart of the New York litigation-by prohibiting novel forms of state-federal bargaining. In New York, the Court held that Congress …

Fine-Labor: The Symbiosis Between Monetary And Work Sanctions, Martin H. Pritikin

University of Colorado Law Review

Monetary sanctions (fines and restitution) and work sanctions are theoretically superior to incarceration: they can deliver deterrence more cheaply, benefit victims tangibly, and promote offender rehabilitation. Yet incarceration remains the dominant punishment in America, even where incapacitation concerns are secondary. This is due in large part to practical drawbacks to the alternatives: monetary sanctions are difficult to enforce and do not seem punitive enough, and unions have successfully lobbied against the competitive threat of convict labor. In a hybrid "fine-labor" system, in which offenders are made to work to pay fines and restitution, the work component could remedy the flaws …

A Training Ground For Contemporary Art: Massachusetts Museum Of Contemporary Art V. Biichel's Overly Broad Exclusion Of Artistic Collaborations, Sarah Louise Rector

University of Colorado Law Review

In 2007, the Massachusetts Museum of Contemporary Art sought a declaratory judgment permitting it to display an unfinished installation artwork by artist Christoph Buchel without Buchel's permission. Bchel attempted to stop the display by arguing that it violated his moral rights under the Visual Artists Rights Act ("VARA'). The United States District Court for the District of Massachusetts ruled in favor of the museum, holding in part that the "collaborative" nature of the installation's construction precluded VARA protection. The court analogized the artwork to a motion picture, which the Act's legislative history characterized as the type of collaborative effort VARA …

Multistate Decision Making For Renewable Energy And Transmission: An Overview, David E. Hurlbut

University of Colorado Law Review

No abstract provided.

Siting Transmission Lines In A Changed Milieu: Evolving Notions Of The "Public Interest" In Balancing State And Regional Considerations, Ashley C. Brown, Jim Rossi

University of Colorado Law Review

This Article discusses how state public utility law presents a barrier to the siting of new high-voltage transmission lines to serve renewable resources, and how states can approach the law's evolution in order to preserve a role for state regulators in a new energy economy in which renewable energy will play a significant role. The traditional approach to determining the "public interest" in siting transmission lines is well on its way to obsolescence. Two developments over the past fifteen years have begun to challenge this paradigm. First, policies at the federal level and in many states have encouraged increased competition …

Envisioning The Smart Grid: Network Architecture, Information Control, And The Public Policy Balancing Act, Elias L. Quinn, Adam L. Reed

University of Colorado Law Review

While smart grid development promises benefits for utilities and consumers alike, the public policy surrounding its rollout remains conflicted. Will regulation guide the structure and usability of the smart grid, or will the ways in which the smart grid is already being applied force specific types of regulation? Early decisions by regulators will surely influence the balancing of policy concerns later in the smart grid development process; yet these decisions will be made in a regulatory environment in which utilities may lack the proper incentives to promote energy efficiency and consumer awareness-both functions of the smart grid. This Article examines …

Lessons From Mazibuko: Persistent Inequality And The Commons, Daria Roithmayr

Publications

No abstract provided.

Demise Of Arbitration Agreements In Long-Term Care Contracts, The, Laura K. Bailey

Missouri Law Review

This Article argues that pre-dispute compulsory arbitration provisions in nursing home contracts should not be enforced and encourages the elimination of such clauses in long-term care contracts. This Article will lay out the historical background and development of arbitration and then will address the use of arbitration clauses in nursing home admission contracts. Finally, this Article will explore recent developments of arbitration law in long-term care contracts, both federally and in the state of Missouri, with particular attention given to the Supreme Court of Missouri's decision in Lawrence v. Beverly Manor.

Shining A Light On Democracy's Dark Lagoon, Helen Norton

Publications

Written for a symposium examining the Fourth Circuit’s jurisprudential tradition, this short essay explores the Fourth Circuit’s approach to the emerging government speech doctrine, under which the government’s own speech is exempt from free speech clause scrutiny. In developing this doctrine, the Supreme Court has been too quick to defer to public entities’ assertion that contested speech is their own; indeed, it has yet to deny the government’s claim to expression in the face of a competing private claim – at significant cost to the public’s ability to hold government politically accountable for its expressive choices. The Fourth Circuit, in …

Telling Through Type: Typography And Narrative In Legal Briefs, Derek H. Kiernan-Johnson

Publications

Most legal authors today self-publish, using basic word-processing software and letting the software’s default settings determine what their documents will look like when printed. As these settings are not optimized for legal texts, they do so at their peril. The default font Times New Roman, for example, as Chief Judge Frank Easterbrook warns, is "utterly inappropriate for long documents [such as] briefs."

Commentators have started urging a more deliberate approach to legal typography. Their suggestions, however, have been content-neutral, intended for all legal texts and focused on goals such as legibility and readability.

Typography, however, has much greater potential. The …

State Responsibility In Promoting Environmental Corporate Accountability, Lakshman Guruswamy

Publications

No abstract provided.

Body And Soul: Equality, Pregnancy, And The Unitary Right To Abortion, Jennifer S. Hendricks

Publications

This Article explores equality-based arguments for abortion rights, revealing both their necessity and their pitfalls. It first uses the narrowness of the "health exception" to abortion regulations to demonstrate why equality arguments are needed--namely because our legal tradition's conception of liberty is based on male experience, no theory of basic human rights grounded in women's reproductive experiences has developed. Next, however, the Article shows that equality arguments, although necessary, can undermine women's reproductive freedom by requiring that pregnancy and abortion be analogized to male experiences. As a result, equality arguments focus on either the bodily or the social aspect of …

Substitution Effects: A Problematic Justification For The Third-Party Doctrine Of The Fourth Amendment, Blake Ellis Reid

Publications

In the past half-century, the Supreme Court has crafted a vein of jurisprudence virtually eliminating Fourth Amendment protection in information turned over to third parties - regardless of any subjective expectation of privacy or confidentiality in the information on the part of the revealer. This so-called “third-party” doctrine of the Fourth Amendment has become increasingly controversial in light of the growing societal reliance on the Internet in the United States, where nearly every transaction requires a user to turn information over to at least one third party: the Internet service provider (“ISP”).

Citing the scholarship that has criticized the third-party …

A Standard Clause Analysis Of The Frustration Doctrine And The Material Adverse Change Clause, Andrew A. Schwartz

Publications

In the darkest depths of a corporate merger agreement lies the MAC clause, a term that permits the acquirer to walk away from a transaction if, between signing and closing, the target company experiences a "Material Adverse Change." Multibillion-dollar deals rise or fall based on the anticipated interpretation of a MAC clause, and invocation of the clause in a sensitive transaction could trigger the collapse of the global financial system. In short, the MAC clause is the most important contract term of our time. And yet--due to an almost total lack of case law--no one knows what it means.

In …

An Inventory And Condition Survey Of The Western Australian Part Of The Nullarbor Region, Peter-Jon A. Waddell, A K. Gardner, P Hennig

Technical Bulletins

The inventory and condition survey of the Western Australian part of the Nullarbor region, undertaken by the Department of Agriculture and Food, Western Australia (DAFWA) between 2005 and 2007, describes and maps the natural resources of the region. This survey report provides a baseline record of the existence and condition of the area's natural resources, to assist with the planning and implementation of land management practices. The report identified and described the condition of soils, landforms, vegetation, habitat, ecosystems, and declared plants and animals. It also assessed the impact of pastoralism and made land management recommendations. The Nullarbor region has …

A Methodology To Estimate The Future Extent Of Dryland Salinity In The Southwest Of Western Australia, Peter Caccetta, Robert Dunne, Richard J. George, Don J. Mcfarlane

Natural Resources Research Articles

In the southwestern agricultural region of Western Australia, the clearing of the original perennial vegetation for annual vegetation-based dryland agriculture has lead to rising saline groundwater levels. This has had effects such as reduced productivity of agricultural land, death of native vegetation, reduced stream water quality and infrastructure damage. These effects have been observed at many locations within the 18 million ha of cleared land. This has lead to efforts to quantify, in a spatially explicit way, the historical and likely future extent of the area affected, with the view to informing management decisions. This study was conducted to determine …

Function Point Analysis In Computer Science Capstone Projects, Evelyn Torres

Open Access Theses & Dissertations

Capstone projects at the Computer Science Department at the University of Texas at El Paso allow students to demonstrate their knowledge of software engineering. During the capstone project, students work on a project that simulates industry; students have a client and a supervising team. Before a project is implemented, professors must assess the project to ensure consistency with previous projects and a significant experience for the students. Currently, a project is assessed primarily on past experiences. In industry, agreeing to completing and delivering a project without assessing the scope and estimating the project cost is neither acceptable nor profitable. Similarly …