Digital Commons Network^™

National Security And The Shadows Of Judicial "Common Sense", Alexander A. Reinert

Articles

No abstract provided.

Landscaping Health Financing Works In Pakistan, Shehla Zaidi, Shafqat Shehzad, Asad Sayeed, Liaquat Khowaja

Community Health Sciences

No abstract provided.

Rethinking Guardianship (Again): Substituted Decision Making As A Violation Of The Integration Mandated Of Title Ii Of The Americans With Disabilities Act, Leslie Salzman

Articles

In every state, when an adult has a diminished capacity to make decisions about personal affairs or property management, a court may transfer the individual’s right to make decisions to a guardian. This Article argues that, in most cases, it would be preferable to support decision making rather than supplant it through guardianship, and then seeks to locate a right to receive such support as a less restrictive alternative to the substituted decision making that characterizes guardianship.

Building on the reasoning in Olmstead v. L.C. and subsequent decisions interpreting the Americans with Disabilities Act’s integration mandate, this Article argues that …

A Comparative Study Of The Organizational Culture Of Capra Accredited And Non-Accredited Municipal Park And Recreation Agencies, John E. Farland

Dissertations and Theses @ UNI

The purpose of this study was to explore and examine the organizational cultures of municipal park and recreation agencies in the United States. Further, the study sought to compare the organizational cultures of municipal park and recreation agencies which have achieved accreditation from the Commission on Accreditation for Park and Recreation Agencies (CAPRA) versus those who have not achieved CAPRA accreditation. Organizational culture according to Schein (1985) included characteristics found within a working environment, a pattern of assumptions, both written and assumed, passed on to new members. Authors throughout the literature wrote that all organizations have culture. Accreditation is a …

International Trade And The Financial Crisis Implications Of The Global Financial Crisis On International Trade And And Investment Regimes, Elizabeth Trujillo

Faculty Scholarship

One of the most distinctive aspects of this economic crisis was the coordinated efforts of nation-states, led by the G-20, to address the crisis within their domestic borders. While globalization has helped to shift the power of the nation-state toward global markets consisting of both state and non-state actors, international institutions governing global markets and free trade consist of representatives of the nation-state. With this financial crisis, it is clear that the nation-state is still in the picture, for it has been the nation-state, with its robust stimulus packages and capital reserves, that has marshaled our slow exit from this …

The End Of Probate, Stewart E. Sterk

Articles

No abstract provided.

Bail-Ins Versus Bail-Outs: Using Contingent Capital To Mitigate Systemic Risk, John C. Coffee Jr.

Faculty Scholarship

Because the quickest, simplest way for a financial institution to increase its profitability is to increase its leverage, an enduring tension will exist between regulators and systemically significant financial institutions over the issues of risk and leverage. Many have suggested that the 2008 financial crisis was caused because financial institutions were induced to increase leverage because of flawed systems of executive compensation. Still, there is growing evidence that shareholders acquiesced in these compensation formulas to cause managers to accept higher risk and leverage. Shareholder pressure then is a factor that could induce the failure of a systemically significant financial institution. …

The Future Of Disparate Impact, Richard A. Primus

Articles

The Supreme Court's decision in Ricci v. DeStefano foregrounded the question of whether Title VIl's disparate impact standard conflicts with equal protection. This Article shows that there are three ways to read Ricci, one of which is likely fatal to disparate impact doctrine but the other two of which are not.

Moving Teeth Faster, Better And Painless. Is It Possible?, Jose A. Bosio, Dawei Liu

School of Dentistry Faculty Research and Publications

No abstract provided.

Message To Congress: Halt The Tax Exemption For Perpetual Trusts, Lawrence W. Waggoner

Articles

The federal estate tax is in abeyance this year. The popular press has picked up on the possibility that the estates of billionaires such as the late George Steinbrenner, who owned the New York Yankees, will escape the tax. The House Ways and Means Committee, chaired by Representative Sander Levin of Michigan, and the Senate Finance Committee, chaired by Senator Max Baucus of Montana, are now considering two questions: what the maximum rate and exemption will be when the estate tax returns and whether the tax will be reinstated for this year. Lurking behind the headlines but equally important is …

Survival Rates Of Short-Span Implant-Supported Cantilever Fixed Dental Prostheses, Gary L. Stafford

School of Dentistry Faculty Research and Publications

Data sources

Publications were sought using Medline, and searches were made by hand of the journals Clinical Oral Implants Research, International Journal of Periodontics and Restorative Dentistry, Journal of Periodontology, Journal of Clinical Periodontology and the International Journal of Oral and Maxillofacial Implants, along with reference lists of identified articles.

Study selection

Titles and abstracts were initially screened by two independent reviewers to identify prospective or retrospective longitudinal cohort studies or controlled studies reporting on implant supported cantilever fixed dental prostheses (ICFDP) with a mean followup period of at least 5 years. A clinical examination had to be performed …

Implementing The Standby Letter For Credit Convention With The Law Of Wyoming, James J. White

Articles

For the first time in American practice, we propose to implement a convention by a federal adoption of law previously enacted by the states – from Wyoming to New York – to implement the Convention on Independent Guarantees and Standby Letters of Credit (“Convention”).1

The Gulf Spill Context: Peak Oil, Risky Oil, And Energy Strategy, Edward A. Parson

Articles

As shocking as the situation in the Gulf of Mexico may be, in this broader context it must be regarded as a normal event. That’s not to say that it’s normal in relation to past experience. Rather, the Gulf spill is “the new normal,” in the sense that our current energy strategy—or lack thereof—will make such events increasingly likely, even if we assume conditions of effective regulation and responsible compliance that evidently were not present on the Deepwater Horizon.

Corporate Law In The Shanghai People's Courts, 1992-2008: Judicial Autonomy In A Contemporary Authoritarian State, Nicholas C. Howson

Articles

In late 2005 China adopted a largely rewritten Company Law that radically increased the role of courts. This study, based on a review of more than 1000 Company Law-related disputes reported between 1992 and 2008 and extensive interactions with PRC officials and sitting judges, evaluates how the Shanghai People's Court system has fared over 15 years in corporate law adjudication. Although the Shanghai People's Courts show generally increasing technical competence and even intimations of political independence, their path toward institutional autonomy is inconsistent. Through 2006, the Shanghai Court system demonstrated significantly increased autonomy. After 2006 and enactment of the new …

Mulieris Dignitatem And The Exclusivity Of Marriage Under Law, Howard Bromberg

Articles

Jesus Christ established monogamy, the marriage of one man to one woman, as the canonical norm of his church and the juridical norm for all nations. This was a unique event in the history of the cultures and religions of the world. The Catholic Church has always defended its canonical norm of monogamy, often with great opposition. Through its influence, monogamy has been established as law in the Western world and in almost all cultures influenced by Western law and norms. The emerging jurisprudence of the United States, however, rejects any religious derivation as the basis of our laws. With …

Trademark And Copyright In The Days Of Internet: The Google Influence, Michael H. Baniak, Matthew Sag

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

The Patenting Of Social Interactions:, Jonathan Masur, Matthew Sag, Joshua Sarnoff, Daniel Williams

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Who Defines The Law? Uspto Rulemaking Authority, Jonathan Masur, James B. Speta, Nicholas M. Zovko, Donald L. Zuhn, Jr

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Preparation For Teaching In Urban Schools: Perceptions Of The Impact Of Traditional Preparation Programs, Crystal Timmons

UNF Graduate Theses and Dissertations

During 2 decades of debate about teacher preparation education practitioners and policymakers have called for a more skilled professional teaching force (Darling- Hammond, 2010). Of particular concern has been poverty’s impact on education -- specifically in struggling urban schools -- prompting legislation such as the No Child Left Behind Act (NCLB), which shifted funding formulas in an effort to directly target poor students and struggling schools (Talbert-Johnson, 2006). The major purpose of this study was to explore novice teachers’ (teachers in their second to fourth year of teaching) perceptions of their preparedness to teach in urban schools following completion of …

Matrix Singular Value Decomposition, Petero Kwizera

UNF Graduate Theses and Dissertations

This thesis starts with the fundamentals of matrix theory and ends with applications of the matrix singular value decomposition (SVD). The background matrix theory coverage includes unitary and Hermitian matrices, and matrix norms and how they relate to matrix SVD. The matrix condition number is discussed in relationship to the solution of linear equations. Some inequalities based on the trace of a matrix, polar matrix decomposition, unitaries and partial isometies are discussed. Among the SVD applications discussed are the method of least squares and image compression. Expansion of a matrix as a linear combination of rank one partial isometries is …

The Positive And Negative Effects Of Jealousy On Relationship Quality: A Meta-Analysis, Melissa Ann Newberry

UNF Graduate Theses and Dissertations

Several theories have been posited regarding the role of jealousy on romantic relationships. However, they differ in terms of predictions which when confirmed has resulted in conflicting results. One way to sort out mixed results is to conduct a meta-analysis. Thus, the current investigations conformed to a meta-analysis of studies wherein the association between jealousy and relationship quality had been examined. In the present investigation jealousy had a negative relationship with relationship quality. Type of jealousy experienced moderated the effect on relationships, with anxious jealousy having a stronger negative relationship. Future directions for research in the field of jealousy and …

Ensuring Innovation As The Internet Matures: Competing Interpretations Of The Intellectual Property Exception To The Communications Decency Act Immunity, Joshua Dubnow

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

An Uncertain Future: The Impact Of Medical Process And Diagnostic Method Patents On Healthcare In The United States, Margaret Kubick

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Mindfulness, Emotions, And Mental Models: Theory That Leads To More Effective Dispute Resolution, Peter Reilly

Faculty Scholarship

At the core of nearly all great negotiators, mediators, lawyers, and leaders is a person who has learned to connect with other people, that is, to build relationships of trust, cooperation, and collaboration. This Article argues that when people learn a sense of "self" and "other" through both theoretical and practical knowledge and understanding of mindfulness and human emotion, connections with others are more likely to be made, and important relationships are more likely to be built.

My goal, then, is to begin thinking about how one might bring mindfulness and emotions from the “mind level” to what human relations …

The Intraspecific Phylogeography Of The Blue-Spotted Salamander, Ambysotma Laterale, Jade Shawndee East

Dissertations and Theses @ UNI

The amphibian diversity of Iowa has been in a constant state of flux in response to several environmental forces over the past 14,000 years. Most amphibians require a moist environment in which to live, and aquatic habitats for reproduction. Ambystoma laterale is one of the few salamanders found in the state of Iowa and is one of two found on Iowa's endangered species list. Unfortunately, A. laterale has only been observed in two counties in Iowa, Blackhawk and Linn. The blue-spotted salamander (Ambystoma laterale) has the northern-most distribution of any North American salamander and primarily occurs in areas that were …

Molecular Effects Of Metolachlor Exposure On Human Cells, Sean Hartnett

Dissertations and Theses @ UNI

Metolachlor is one of the most commonly used herbicides in the United States of America. Numerous studies have shown that exposure to this herbicide results in decreased cell proliferation, growth and reproductive ability in different organisms. However, pervious studies used high concentrations of metolachlor to see molecular effects. In the study presented here, we investigated the effects of metolachlor on human cells. Previous cell proliferation analysis from our laboratory has shown that metolachlor is capable of significantly inhibiting the growth of normal human fibroblasts and HepG2 cells at 1.6 parts per billion (ppb) and 50 ppb. We assessed cellular effects …

Canonical Correlation Analysis For Longitudinal Data, Raymond Mccollum

Mathematics & Statistics Theses & Dissertations

Data (multivariate data) on two sets of vectors commonly occur in applications. Statistical analysis of these data is usually done using a canonical correlation analysis (CCA). Occurrence of these data at multiple occasions or conditions leads to longitudinal multivariate data for a CCA. We address the problem of canonical correlation analysis on longitudinal data when the data have a Kronecker product covariance structure. Using structured correlation matrices we model the dependency of repeatedly observed data. Recent work of Srivastava, Nahtman, and von Rosen (2008) developed an iterative algorithm to determine the maximum likelihood estimate of the Kronecker product covariance structure …

The Effect Of Concurrent Activation Potentiation On The Knee Extensor And Flexor Performance Of Men And Women, Luke Garceau, Erich Petushek, Mckenzie Fauth, William Ebben

Exercise Science Faculty Research and Publications

This study evaluated the effect of remote voluntary contractions (RVC) during isometric and isokinetic knee flexion and extension tests and evaluated gender differences therein. Subject peak torque, rate of torque development, and power were assessed with a dynamometer in RVC and no RVC’s conditions. A two way mixed ANOVA with repeated measures for condition was used to evaluate the interaction between conditions and gender, and to assess the main effects. Main effects were evaluated with a paired samples t-test. Results revealed a significant interaction between all but one test condition and gender as well as significant main effects for all …

Dynamic Stabilization During The Landing Phase Of Plyometric Exercises, Erich Petushek, Luke Garceau, Tyler Vanderzanden, Brad Wurm, Christina Feldmann, William Ebben

Exercise Science Faculty Research and Publications

This study examined the differences in and the reliability of time to stabilization (TTS) of several plyometric exercises. Twenty six men performed a variety of plyometric exercises representing a continuum of intensities of landing instability, including line hops, cone hops, squat jumps, tuck jumps, countermovement jumps, dumbbell countermovement jumps, and single leg countermovement jumps on a force platform. A repeated measures ANOVA with Bonferroni post hoc corrections was used to evaluate the differences in TTS between plyometric exercises. Practitioners who use plyometrics to train dynamic stability and balance should create programs that progress the intensity of the exercises based on …

Antagonist Conditioning Contractions Impair Agonist Functioning, Luke Garceau, Aaron Gray, Mckenzie Fauth, Phillip Hanson, Brittni Hsu, Tejin Yoon, Chris Szalkowski, Brittney Lutsch, William Ebben

Exercise Science Faculty Research and Publications

This study assessed the effect of antagonist conditioning contractions (ACC) on the subsequent force and electromyography of an agonist. Twelve subjects performed isokinetic elbow flexion on a dynamometer in 4 test conditions including a baseline condition without, and 1, 3 and 6 seconds after, isometric triceps extension. Average peak torque (T), peak torque/body weight (T:BW), average power (P), and rate of torque development (RTD) were assessed. Electromyographic data were obtained from elbow extensors and flexors. A repeated measures ANOVA with post hoc analysis demonstrated that T, T:BW, P, and RTD were higher in the baseline, compared to the post ACC …