Digital Commons Network^™

Performance Measures For Managerial Decision Making: Performance Measurement Synergies In Multi-Attribute Performance Measurement Systems, Robert Andrew Fowke

Dissertations and Theses

This research tests for correlation between corporate performance and use of financial measures, nonfinancial measures, and number of balanced scorecard categories used. Literature notes a preference for managing by nonfinancial measures because financial measures are lagging indicators, but little empirical evidence is available on the relationship between nonfinancial measures and financial performance, and few companies are found to realize the benefits of nonfinancial measurements. The balanced scorecard has been studied to find the impact of diversity of performance measures, and anecdotal improvements have been reported, but there is a paucity of empirical evidence regarding how the use of a balanced …

Family Relationship Quality And Acculturation: Examination Of Their Relationship Among Latino Adolescent Sexual Offenders, Lindsey B. Patterson

Dissertations and Theses

Research on child sexual abuse (CSA), from the perspective of the perpetrator, has been conducted to better inform intervention and prevention programs. Although information from perpetrators can be beneficial for these programs, much of the research is limited by the diversity of sample populations of sex offenders. Moreover, potentially distinct variables relevant to specific populations (e.g., Latinos) have not been thoroughly studied in relation to CSA. To better understand the perpetration of CSA on variables that may be of particular concern to Latinos (i.e., relationship quality in familial supervision and acculturation strategies), the purpose of the present study was to …

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 …

Phylogeographic Patterns And Intervarietal Relationships Within Lupinus Lepidus: Morphological Differences, Genetic Similarities, Kevin Allen Weitemier

Dissertations and Theses

Lupinus lepidus (Fabaceae) contains many morphologically divergent varieties and was restricted in its range during the last period of glaciation. A combination of phylogenetic (with the trnDT and LEGCYC1A loci) and population genetics approaches (with microsatellites and LEGCYC1A are used here to characterize intervarietal relationships and examine hypotheses of recolonization of areas in the Pacific Northwest affected by glaciation. Sequenced loci are not found to form a clade exclusive to L. lepidus, nor are any of the varieties found to form clades. Population genetics analyses reveal only negligible genetic structure within L. lepidus, with the majority of variation …

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 …

Persone Incapaci E Decisioni Di Fine Vita (Con Uno Sguardo Oltreoceano), O. Carter Snead, Andrea Simoncini

Journal Articles

Title in English: Incapacitated Persons and End of Life Decision Making (with an Across-the-Ocean View) No translation available.

Caspase Activation Of P21-Activated Kinase 2 Occurs During Cisplatin-Induced Apoptosis Of Sh-Sy5y Neuroblastoma Cells And In Sh-Sy5y Cell Culture Models Of Alzheimer’S And Parkinson’S Disease, Jerry Marlin, Yu-Wen E. Chang, Rolf Jakobi

Faculty and Staff Publications

p21-activated kinase 2 (PAK-2) appears to have a dual function in the regulation of cell survival and cell death. Activation of full-length PAK-2 by the p21 G-proteins Rac or Cdc42stimulates cell survival. However, PAK-2 is unique among the PAK family because it is also activated through proteolytic cleavage by caspase 3 or similar caspases to generate the constitutively active PAK-2p34 fragment. Caspase activation of PAK-2 correlates with the induction of apoptosis in response to many stimuli and recombinant expression of PAK-2p34has been shown to stimulate apoptosis in several human cell lines. Here, we show that caspase activation of PAK-2 also …

Reason And Reasonableness In Review Of Agency Decisions, Jeffrey Pojanowski

Journal Articles

A company markets computer software that provides day traders with real-time data and recommendations for buying and selling futures on commodities markets. In a late night infomercial, the firm touts the spectacular "certified" profits that purchasers would have earned had they been using this one-of-a-kind system over the past seven years. What the suntanned host does not tell viewers at home is that these "certified" results are not based on actual trades, but simulations of what the system would have produced based on historical data. A regulator initiates administrative proceedings against the firm, charging that this omission "defrauded" customers under …

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) …

Risk And System-Of-Systems: Toward A Unified Concept, C. Ariel Pinto, Michael K. Mcshane, Rani Kady

Engineering Management & Systems Engineering Faculty Publications

The scope of this paper is the survey of both fundamental and most recent publications in system-of-systems, business and insurance, as well as risk analysis, modeling, and management for the purpose of better describing the concept of risk in recognition of emergence and complexity which characterizes many systems within the concern of engineering and business managers. The ultimate goal is to provide engineering and business managers the necessary perspective on the concept of risk and in its management for the next generation of sustainable systems - including various descriptions of risk and discussion of the relevance of properties of system-of-systems …

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 …

An Unfortunate "Tail": Reconsidering Risk Management Incentives After The Financial Crisis Of 2007-2009, Douglas O. Edwards

University of Colorado Law Review

In recent months, the legal academic community has taken a greater interest in the practice of risk management. Doubtless a response to the recent financial crisis, many have concluded that our current market structure allows for uninhibited risk taking and the pooling of systemic risk. Accordingly, most have suggested a regulatory response is necessary. This Comment, in unreserved agreement with these writers, attempts to contribute to this literature in two ways. First, this Comment explains the development of quantitative risk management to fill in the gaps in the existing legal research. Though I present nothing groundbreaking, my purpose is to …

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 …

The Global Law Of The Land, Amnon Lehavi

University of Colorado Law Review

Are we witnessing the gradual universality of national land laws, which have traditionally been considered to be the paradigm of legal idiosyncrasy by virtue of their reflection of place-specific society, culture, and politics? This Article offers an innovative analysis of the conflicting forces at work in this legal field, based on a historical, comparative, and theoretical study of the structures and strictures of domestic land laws and current cross-border phenomena that dramatically affect national land systems. The central thesis of this Article is that, irrespective of our basic normative viewpoint regarding the opening up of domestic land laws to the …

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 …

Davis V. Federal Election Commission: A Further Step Towards Campaign Finance Deregulation And The Preservation Of The Millionaires' Club, Grant Fevurly

University of Colorado Law Review

In the middle of the 2008 election cycle, the United States Supreme Court altered the permissible limits of campaign finance regulation by striking down the "Millionaire's Amendment" in Davis v. Federal Election Commission. The struck provision attempted to equalize the resource differential between self-financing and non-self-financing candidates for electoral office by temporarily increasing the contribution limits for the non-self-financing candidates when those candidates who self-financed crossed a threshold amount of personal expenditures. Once the disparity between the two candidates equalized, the normal regulatory regime resumed effect. While important for its own immediate implications to a number of public financing schemes …

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 …

Constitutional Contours For The Design And Implementation Of Multistate Renewable Energy Programs And Projects, Robin Kundis Craig

University of Colorado Law Review

States are increasingly considering multistate efforts to promote the production, sale, and use of renewable energy. For example, in August 2009, policymakers and stakeholders gathered to consider joint renewable energy (specifically, wind energy) transmission projects among Colorado, New Mexico, Utah, and Wyoming. This Article explores a number of constitutional issues that multistate efforts to encourage, market, transmit, or distribute renewable energy could raise. It reflects the reality that for energy, as for many other issues, multistate creativity in establishing new governance regimes or in implementing interstate projects often creates constitutional ambiguities. Many of these ambiguities center on the constitutional status-private …

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 …

Resisting Federal Courts On Tribal Jurisdiction, Matthew L.M. Fletcher

University of Colorado Law Review

This Paper is part of a call for a paradigm-shifting reexamination by Indian tribes and Indian people about their place in the American constitutional structure. For tribal advocates to prevail in the federal judiciary, they must force federal judges to rethink everything they know about federal Indian law. There are at least two ways to do this. Tribal advocates and American Indian law scholars must first establish a baseline of knowledge and information about the realities of Indian country in the twenty-first century. This work is nascent and ongoing, if not burgeoning, but frankly is far from enough. A second …

Separate But Unequal: The Federal Criminal Justice System In Indian Country, Troy A. Eid, Carrie Covington Doyle

University of Colorado Law Review

In this Article, Troy Eid, a former United States Attorney for the District of Colorado, and Carrie Covington Doyle conclude that the federal criminal justice system serving Indian country today is "separate but unequal" and violates the Equal Protection rights of Native Americans living and working there. That system discriminates invidiously because it categorically applies only to Native Americans and then only to crimes arising on Indian lands. It is unequal because it is largely unaccountable, needlessly complicated, comparatively under-funded, and results in disproportionately more severe punishments for the same crimes, especially for juveniles. This Article traces the historical foundations …

Tribal Civil Judicial Jurisdiction Over Nonmembers: A Practical Guide For Judges, Sarah Krakoff

University of Colorado Law Review

This Article provides a summary of the law of tribal civil jurisdiction over persons who are not members of the governing tribe ("nonmembers'), followed by an analysis of trends in the lower courts. It was written to respond to a consensus view at the University of Colorado Law Review Symposium: "The Next Great Generation of American Indian Law Judges," in January 2010, that a concise, practical, yet indepth treatment of this subject would be useful to the judiciary as well as practitioners. The Article traces the development of the Supreme Court's common law of tribal civil judicial jurisdiction from 1959 …

Exposing The Underground Establishment Clause In The Supreme Court's Abortion Cases, Justin Murray

Publications

In Roe v. Wade, the Supreme Court held that women have a right to abortion under the Due Process Clause of the Fourteenth Amendment. The Court reasoned toward this conclusion by importing concepts and concerns that are ordinarily associated with the Establishment Clause. This Article is the first attempt to systematically describe, and critically evaluate, the Court's use of Establishment Clause ideas in Roe and later abortion cases.

Some brief background is essential in order to see how the Court wove Establishment Clause themes into the structure of its Due Process analysis. The Due Process Clause prohibits the government …

The Terrorist Informant, Wadie E. Said

Publications

A man sets himself on fire in front of the White House in a dispute with the Federal Bureau of Investigation (FBI). He has been working as an informant for the FBI in a high-profile terrorism prosecution and is unhappy with the $100,000 he has been paid so far. He has also been recently convicted of bank fraud. As a result, the government declines to call him as a witness, given the damage his actions have on his credibility and trustworthiness. This incident underscores the difficulty inherent in relying on paid informants to drive a prosecution, where material considerations such …

Risk, Everyday Intutions, And The Institutional Value Of Tort Law, Govind Persad

Publications

This Note offers a normative critique of cost-benefit analysis, one informed by deontological moral theory, in the context of the debate over whether tort litigation or a non-tort approach is the appropriate response to mass harm. The first Part argues that the difference between lay and expert intuitions about risk and harm often reflects a difference in normative judgments about the existing facts, rather than a difference in belief about what facts exist, which makes the lay intuitions more defensible. The second Part considers how tort has dealt with this divergence between lay and expert perspectives. It also evaluates how …

The Impact Of Task Conflict On Virtual Team Performance And Cohesiveness, Wilawan Onkman, Anil Ustun, Pilar Pazos, Ana Maria Canto

Engineering Management & Systems Engineering Faculty Publications

This paper examined the impact of task conflict on team performance and cohesiveness. Twelve virtual teams participated in two sessions with two difficulty levels. Each task consisted of a survival simulation. Teams communicated using a text-based communication media (chat). A mixed methods approach combining both quantitative and qualitative data was used. Performance was measured using expert ratings, and cohesiveness was measured using a modified version of Seashore's Cohesiveness Index. Content analysis was utilized to evaluate the level of task conflict on the team. This study provides some initial evidence on the effects task conflict on virtual team performance.

The People Of The Second Amendment: Citizenship And The Right To Bear Arms, Pratheepan Gulasekaram

Publications

The Supreme Court's recent Second Amendment decision, District of Columbia v. Heller, asserts that the Constitution's right to bear arms is an individual right to armed self-defense held by law-abiding "citizens. " This Article examines the implications of this description, concluding that the Second Amendment cannot concurrently be a right of armed self-defense and restricted to citizens. The Article proceeds in three parts. First, it analyzes the term "the people" as it has been interpreted in recent Court cases. The Article concludes that constitutional text and Supreme Court jurisprudence provide no sustainable basis to believe the Second Amendment is limited …

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

Publications

No abstract provided.