Digital Commons Network^™

Note – The Un-Creation Of Rights: An Argument Against Administrative Disclaimers, Josephine K. Mason

UC Law Journal

Boilerplate disclaimers appear with some frequency in administrative regulations, yet there has been a striking absence of discussion as to their validity. This Note argues that administrative disclaimers threaten two key constitutional concerns inherent in administrative law—proper government structure and fairness to individuals—and that courts should therefore approach administrative disclaimers with a high degree of skepticism.

From Arms Race To Marketplace: The Complex Patent Ecosystem And Its Implications For The Patent System, Colleen V. Chien

UC Law Journal

For years, high-tech companies have amassed patents in order to deter patent litigation. Recently, a secondary market for patents has flourished, making it more likely that patents that would otherwise sit on the shelf will end up in the courtroom. This Article explores the current patent ecosystem, which includes both “arms race” and “marketplace” paradigms, in depth. I distinguish “patent-assertion entities,” entities that use patents primarily to obtain license fees rather than to support the development or transfer of technology, from other types of non-practicing entities. I contrast the patent arms race, whose goal is to provide entities with the …

Restoring Equipoise To Child Welfare, Rebecca Aviel

UC Law Journal

Since the Supreme Court’s widely criticized decision in DeShaney v. Winnebago County Department of Social Services, the principle that the Constitution affords no relief for a social worker’s failure to prevent harm to a child has been described as a “staple of our constitutional law.” Whatever might be said about this principle on its own terms, it produces very troubling incentives for social workers, who may still face constitutional tort liability when they act affirmatively to intervene in troubled families—the unjustified removal of a child from her parents’ custody, after all, is the sort of infringement proscribed by our Constitution’s …

Stanley In Cyberspace: Why The Privacy Protection Of The First Amendment Should Be More Like That Of The Fourth, Marc Jonathan Blitz

UC Law Journal

The 1969 case Stanley v. Georgia forbade the government from restricting the books that an individual may read or the films he may watch “in the privacy of his own home.” Since that time, the Supreme Court has repeatedly emphasized that Stanley’s protection applies solely within the physical boundaries of the home: While obscene books or films are protected inside of the home, they are not protected en route to it—whether in a package sent by mail, in a suitcase one is carrying to one’s house, or in a stream of data obtained through the Internet. However adequate this narrow …

Reframing Antitrust In Light Of Scientific Revolution: Accounting For Transaction Costs In Rule Of Reason Analysis, Alan J. Meese

UC Law Journal

This Article contends that modern rule of reason analysis, informed by workable competition’s partial equilibrium trade-off paradigm, is suitable for evaluating only a subset of agreements that may reduce transaction costs. The Article distinguishes between “technological” and “non-technological” transaction costs. Technological transaction costs entail the bargaining and information costs first emphasized by Ronald Coase, while non-technological transaction costs result from more fundamental departures from perfect competition, departures creating a risk of opportunism that accompanies relationship-specific investments. Modern law does accurately assess restraints that may reduce technological transaction costs—costs that are analogous to the sort of production costs recognized by the …

Succession Of Cavity Use In A Fragmented Landscape In Northwest Tennessee, H. Dawn Wilkins, Cheryl L. Sesler

The Migrant - Tennessee Ornithological Society

No abstract provided.

T.O.S. Fall Symposium 2010, T. David Pitts

The Migrant - Tennessee Ornithological Society

No abstract provided.

Front Matter, Tennessee Ornithological Society

The Migrant - Tennessee Ornithological Society

No abstract provided.

Northern Flicker Nesting Attempt In The Ground, Ronald D. Hoff, Dollyann Myers

The Migrant - Tennessee Ornithological Society

No abstract provided.

2010 Tennessee Fall Bird Counts, Ron Hoff

The Migrant - Tennessee Ornithological Society

No abstract provided.

Contents, Tennessee Ornithological Society

The Migrant - Tennessee Ornithological Society

No abstract provided.

The Fall Season, Richard L. Knight, Dick D. Preston, Phillip D. Casteel, Richard P. Lewis

The Migrant - Tennessee Ornithological Society

No abstract provided.

Can Community Design Build Trust? A Comparative Study Of Design Factors In Boise, Idaho Neighborhoods, Susan G. Mason

Political Science Faculty Publications and Presentations

Finding ways to increase trust may be one mechanism to overcome the alleged negative consequences of urban sprawl for neighborhoods. This study explores two relationships with community design and trust. First, is one benefit of some of the underlying concepts of New Urbanism design that they build trust? Second, can these design concepts overcome one undesirable feature of cities: the deleterious effect of income inequality on trust? This study uses survey data collected from 34 city of Boise neighborhoods and 2000 US census data aggregated to the neighborhood level to examine the effects of street design, sidewalks and open space …

The Communicator, Volume 6, Issue 2, December 2010

The Communicator: News from the Nebraska Cooperative Fish and Wildlife Research Unit

New and Changing Faces: Chris Chizinski, Corinne Kolm, Natalie Luben, Nick Smeenk, and Dan Uden

Publications: Adaptive Management of Natural Resources in the Journal of Environment Management

New Research: Scenarios of Climate Change and Land Use Change and Biological Invasions in the High Plains
Platte River Watershed Ecosystems Services in Native Restored Grasslands

Research Highlight: Angler Behavior in Response to Management Actions on Nebraska Reservoirs

ANNUAL MEETING

Conferences/Meetings/Workshops:
The Wildlife Society meeting, February 26 in Norfolk, NE.
Nebraska Chapter of the American Fisheries Society conference in Ponca, NE.
Dakota Chapter of the American Fisheries Society Annual Meeting in Spearfish, SD …

Information Portals: The Next Generation Catalog, Deeann Allison

University of Nebraska-Lincoln Libraries: Faculty Publications

Libraries today face an increasing challenge: to provide relevant information to diverse populations with differing needs, while competing with Web search engines like Google. In 2009 the University of Nebraska-Lincoln (UNL) Libraries joined with other libraries and Innovative Interfaces as development partners to design a new type of discovery tool. Information portals as a concept best supports the research and instructional needs of our communities by organizing and presenting information that incorporates licensed databases, text, multimedia, and other relevant sources. The discovery tool under examination by UNL, Encore, integrates searches of the catalog, locally created full-text and image sources, and …

Aquí Se Vende Todo: La Ciudad Y La Desmemoria En La Capital Del Olvido De Horacio Vázquez-Ria, Amalia Ran

Spanish Language and Literature Papers

Aunque « memoria » sea la palabra más usada en el contexto histórico reciente de Argentina, es el olvido aquello de lo que más se habla, y lo que domina al final el discurso público de las últimas décadas. ¿ Cuáles son las distintas formas de « recordar » el pasado doloroso en un entorno que intenta silenciarlo al transformar la memoria en un objeto-fetiche ? ¿ De qué modo conserva el espacio urbano —la ciudad y sus múltiples lugares abiertos y cerrados— una memoria de la desgracia y del horror ?, y ¿ cómo se refleja ese espacio urbano …

Hybrid Nanomanufacturing Process For High-Rate Polymer Nanofiber Production, Chad T. Peterson

Department of Engineering Mechanics: Dissertations, Theses, and Student Research

Nanotechnology and nanomaterials have the potential to revolutionize existing and create entirely new industries. Unique physical, mechanical, chemical, and biological properties of nanomaterials have been extensively documented in the last two decades. However, most nanomaterials are discontinuous in nature, creating problems with their processing and manipulation into devices and raising health concerns. Continuous nanofibers represent an emerging class of nanomaterials with critical advantages to applications. Continuous nanofibers are readily produced by electrospinning process comprising spinning polymer solutions in high electric fields. Electrospinning is a very economic top-down nanomanufacturing process that has been used to produce ultrafine continuous nanofibers from several …

An Nadph-Dependent Genetic Switch Regulates Plant Infection By The Rice Blast Fungus, Richard A. Wilson, Robert P. Gibson, Cristian Quispe, Jennifer A. Littlechild, Nicholas J. Talbot

Fungal Molecular Plant-Microbe Interactions

To cause rice blast disease, the fungus Magnaporthe oryzae breaches the tough outer cuticle of the rice leaf by using specialized infection structures called appressoria. These cells allow the fungus to invade the host plant and proliferate rapidly within leaf tissue. Here, we show that a unique NADPH-dependent genetic switch regulates plant infection in response to the changing nutritional and redox conditions encountered by the pathogen. The biosynthetic enzyme trehalose-6-phosphate synthase (Tps1) integrates control of glucose-6-phosphate metabolism and nitrogen source utilization by regulating the oxidative pentose phosphate pathway, the generation of NADPH, and the activity of nitrate reductase. We report …

Grand Jury Innovation: Toward A Functional Makeover Of The Ancient Bulwark Of Liberty, Roger A. Fairfax Jr.

William & Mary Bill of Rights Journal

No abstract provided.

Huppert, Reilly, And The Increasing Futility Of Relying On The First Amendment To Protect Employee Speech, John Q. Mulligan

William & Mary Bill of Rights Journal

No abstract provided.

Constantly Approximating Popular Sovereignty: Seven Fundamental Principles Of Constitutional Law, Wilson R. Huhn

William & Mary Bill of Rights Journal

No abstract provided.

Teaching, Learning, And Writing In The Third Space: A Study Of Language And Culture Intersecting With Instruction, Susan Toma-Berge Edd

Dissertations

The purpose of this dissertation was to compare the characteristics and attributes of an effective first grade teacher of writing to English learners through the lens of the "third space." The "third space" represents a place where sociocultural theory interacts with language and culture, and authentic, integrated literacy instruction. Because there is no empirical evidence to support the theory of the "third space" the observation and interview data were analyzed using literature that draws on three areas of study: English learners, first grade literacy, and urban schools. The key findings from this study produced three themes that came about by …

Research To Practice: Vocational Rehabilitation Services Received By Youth With Autism: Are They Associated With An Employment Outcome?, Jaime Lugas, Jaimie Ciulla Timmons, Frank A. Smith

Research to Practice Series, Institute for Community Inclusion

While youth with autism represent a small percentage of all vocational rehabilitation (VR) closures, the number who closed out of VR more than tripled between 2003 and 2008 (see Institute for Community Inclusion Data Note 26). As increasing numbers of youth with autism are accessing VR services, it is important to understand how they are using these services and the relationship of these services to outcomes and costs.

Editors’ Introduction, Nicholas Robins

Genocide Studies and Prevention: An International Journal

No abstract provided.

An Analysis Of Perspectives On The Office Of The Special Adviser On The Prevention Of Genocide, Aidan Hehir

Genocide Studies and Prevention: An International Journal

In April 2004, on the tenth anniversary of the Rwandan Genocide, the UN secretary- general established the Office of the Special Adviser on the Prevention of Genocide (OSAPG). While the OSAPG has been hailed in some quarters as major institu- tional reform of significant importance, there has been no focused academic analysis of its mandate and work to date. This article addresses this gap and is based on a series interviews conducted with prominent members of the OSAPG itself and experts in the field of human rights. The article analyzes the differing perspectives on the OSAPG and identifies the major …

Reconciliation And Justice After Genocide: A Theoretical Exploration, Geneviève Parent

Genocide Studies and Prevention: An International Journal

This article argues that the post-conflict reconciliation process is undermined by the importance given to the retributive form of justice dominating peacebuild- ing and transitional justice measures. Retributive justice reinforces the division between perpetrator and victim, thus undermining the reconciliation process between antagonistic parties. The so-called objective categories of perpetrator and victim, so crucial for the administration and management of most peacebuilding measures, underestimate the individual and collective psychological dimension and intersub- jective effects that these categories have upon the healing and reconciliation pro- cesses. The significance of the psychological dimension of reconciliation suggests a restorative justice approach that emphasizes …

Dilemmas Of Teaching The “Greatest Silence”: Rape-As-Genocide In Rwanda, Darfur, And Congo, Kimberly A. Ducey

Genocide Studies and Prevention: An International Journal

The author describes the dilemmas of teaching about rape-as-genocide, focusing on Rwanda, Darfur, and Congo. While theoretically and methodologically sophis- ticated academic writings are a crucial part of the pedagogical approach described here, the author’s focus is on the dilemmas associated with using testimonials and memoirs, documentaries, and commentaries. It is argued that such discourse helps make the subject matter more accessible to undergraduates. One of the key issues that arises from this discussion is students’ preference for first-hand accounts. Excerpts from the students’ writing dispersed throughout the article provide an essential and frank assessment of the importance of the …

The Armenian Genocide Of 1915 From A Neutral Small State's Perspective: Sweden, Vahagn Avedian

Genocide Studies and Prevention: An International Journal

This study depicts how the Armenian massacres in the Ottoman Empire during World War I were perceived by a neutral small state, namely, Sweden. The Swedish knowledge should be of special interest since, as a neutral state during the entire conflict, Sweden had no immediate involvement or interest in the ongoing conflict; thus, any reporting about the events would have been untainted compared to that of the Entente or Turkey’s allies. The information at hand is also essential to an understanding of the subsequent Swedish reaction. However, surveying the full amount of information needed for comprehensively understand- ing and analyzing …

Author Biographies

Genocide Studies and Prevention: An International Journal

No abstract provided.

Imua Polenisia (2010-12), Polynesian Cultural Center

Imua Polenisia

No abstract provided.