Digital Commons Network^™

Rebel Without A Clause: The Irrelevance Of Article Vi To Constitutional Supremecy, Gary S. Lawson

Faculty Scholarship

With Stare Decisis and Constitutional Text, 1 Jonathan Mitchell has produced what I think is the most interesting and creative textual defense2 (or at least partial defense) to date of the use of horizontal precedent in federal constitutional cases.3 Mitchell’s careful analysis of the Supremacy Clause is fascinating and instructive, and he does an impeccable job of drawing out the implications of his premise that the Supremacy Clause prescribes only a very limited choice-of-law rule—a rule that does not, by its own terms, specifically elevate the Constitution above federal statutes and treaties. His innovative and intriguing framework yields four distinct …

An Integrated Environment For Data Acquisition With Dynamic Changes In Wireless Sensor Networks, Albert Nurgaliev

Theses

The wireless sensor network (WSN) is an important technology with a wide variety of diverse applications in such domains as healthcare, military forces and environmental monitoring. Our research aims at developing methods and tools capable of addressing WSN problems such as energy constraint, low memory, and computation capability of a sensor node by implementing a new WSN design concept, improving existing and developing new protocols. Our research goal is to develop novel generic methodologies supporting a higher level of design flexibility and possible architectural optimization against multiple criteria such as the quality of data (QoD), quality of service (QoS), and …

Hadoopt - Breaking The Scalability Limits Of Hadoop, Anup Talwalkar

Theses

The increasing use of computing resources in our daily lives leads to data generation at an astonishing rate. The computing industry is being repeatedly questioned for its ability to accommodate the unpredictable growth rate of data. It has encouraged the development of cluster based storage systems. Hadoop is a popular open source framework known for its massive cluster based storage. Hadoop is widely used in the computer industry because of its scalability, reliability and low cost of implementation. The data storage of the Hadoop cluster is managed by a user level distributed file system. To provide a scalable storage on …

Scalable Cooperative Caching Algorithm Based On Bloom Filters, Nodirjon Siddikov

Theses

This thesis presents the design, implementation and evaluation of a novel cooperative caching algorithm based on the bloom filter data structure. The new algorithm uses a decentralized approach to resolve the problems that prevent the existing solutions from being scalable. The problems consist of an overloaded manager, a communication overhead among clients, and a memory overhead on the global cache. The new solution reduces the manager load and the communication overhead by distributing the global cache information among cooperating clients. Thus, the manager no longer maintains the global cache. Furthermore, the memory overhead is decreased due to a bloom filter …

An Analysis Of Flow-Based Routing, Jennifer Casella

Theses

Since their development in the early 1970's, the underlying function of IP routers has not changed - they still support a best effort delivery method in order to pass frames from source to destination. With the advent of newer, bandwidth intensive Internet-based services and applications, such as video conferencing and telemedicine, many individuals wonder if the current approach to routing is the most practical. "The Internet needs to provide quality of service ("QoS") as predictably as conventional circuit switching networks. Although some QoS capabilities in an isolated environment have been demonstrated, providing end-to-end QoS at a large scale across the …

Supreme Court Criminal Law Jurisprudence: Fair Trials, Cruel Punishment, And Ethical Lawyering—October 2009 Term, Richard Klein

Scholarly Works

No abstract provided.

Cisg Article 6 And Issues Of Formation: The Problem Of Circularity, Jack M. Graves

Scholarly Works

CISG Article 6 broadly allows parties to exclude the application of the CISG or derogate from its provisions. The application of Article 6 is relatively straightforward when addressing the rights and obligations of the parties, but encounters a challenge of circularity when addressing issues of contract formation. How can the parties agree to exclude or derogate from the application of the CISG if it is not yet clear whether they have agreed to anything at all? This article explores this narrow, but important question. Can the parties effectively exclude the application of the CISG or derogate from its provisions (i.e., …

As I Recall..., Megan Gulland

Theses

This body of work presents a visual memoir of my childhood. Told through these self-portraits, this work captures the essence of my memories. Though the sculptures portray my present age as storyteller, the content comes from my childhood. I am exploring the roots of my love of storytelling by joining my passion for clay with the events of my past. The process of making these portraits, for me, closely reflects the process of growing up. In a similar way, as I built, I learned the limits and possibilities of the clay. Now, even as an adult I reflect on my …

Regulating Controversial Land Uses, Patricia E. Salkin

Scholarly Works

While the definition of what may constitute a controversial land use differs from community to community, the bottom line is that land use controls have been attempting to regulate these uses since the advent of zoning (and through nuisance law before that). When regulating many types of controversial land uses, constitutional issues may come into play and federal and state preemption issues may arise. However, local governments typically have wide discretion in designing standards and regulations for many types of controversial uses. This article explores four typically controversial uses - off-campus fraternity and sorority housing, tattoo parlors, medical marijuana and …

Reconfiguring Phenomena Of Presence, Erika Strickland

Theses

Not included

Botnet Lab Creation With Open Source Tools And Usefulness Of Such A Tool For Researchers, Dimitris Vergos

Theses

Botnets are large scale networks, which can span across the internet and comprise of computers, which have been infected by malicious software and are centrally controlled from a remote location. Botnets pose a great security risk and their size has been rising drastically over the past few years. The use of botnets by the underground community as a medium for online crime, bundled with their use for profit has shined the spotlight on them. Numerous researchers have proposed and designed infrastructures and frameworks that identify newly formed botnets and their traffic patterns. In this research, the design of a unified …

Service Level Agreements And Virtual Machines, Jordan Caminiti

Theses

Virtual machines (VMs) have been used for some time now, but only now with the newer and faster hardware that is being developed, now it is possible to consolidate many machines down to a single one running multiple instances of operating systems each with their own purpose. For as long as there have been users to use the servers, there has been the need for service level agreements. Now with the virtualization of services comes the need for a new breed of service level agreements. Service level agreements (SLAs) rarely exist for virtual servers unlike physical servers. Since this is …

Evaluation Of Rsl History As A Tool For Assistance In The Development And Evaluation Of Computer Vision Algorithms, Ben Holm

Theses

A revision of Recognition Strategy Language (RSL), a domain-specific language for pattern recognition algorithm development, is in development. This language provides several tools for pattern recognition algorithm implementation and analysis, including composition of operations and a detailed history of those operations and their results. This research focuses on that history and shows that for some problems it provides an improvement over traditional methods of gathering information. When designing a pattern recognition algorithm, bookkeeping code in the form of copious logging and tracing code must be written and analyzed in order to test the effectiveness of procedures and parameters. The amount …

Nat Denial Of Service: An Analysis Of Translation Table Behavior On Multiple Platforms, Nathan Winemiller

Theses

Network Address Translation or NAT, is a technology that is used to translate internal addresses to globally routable addresses on the internet. It is used extensively in almost every network requiring global connectivity due to the current lack of IPv4 addresses. The primary mechanism used to facilitate the translation of internal addresses to external addresses and vice versa is the translation table. This study takes an in-depth look at how five different vendors: Cisco, Extreme, Linksys, VMWare, and Vyatta, implement the translation table during active NAT sessions. Additionally, this study analyzes the methodology required to fill a translation table and …

Correlating Ipv6 Addresses For Network Situational Awareness, Jason Froehlich

Theses

The advent of the IPv6 protocol on enterprise networks provides fresh challenges to network incident investigators. Unlike the conventional behavior and implementation of its predecessor, the typical deployment of IPv6 presents issues with address generation (host-based autoconfiguration rather than centralized distribution), address multiplicity (multiple addresses per host simultaneously), and address volatility (randomization and frequent rotation of host identifiers). These factors make it difficult for an investigator, when reviewing a log file or packet capture ex post facto, to both identify the origin of a particular log entry/packet and identify all log entries/packets related to a specific network entity (since multiple …

Mediation Representation: Representing Clients Anywhere, Harold Abramson

Scholarly Works

No abstract provided.

The Limited Case For Permitting Sme Procurement Preferences In The Wto Agreement On Government Procurement, John Linarelli

Scholarly Works

This is a chapter in the book, Sue Arrowsmith & Robert D. Anderson, The WTO Regime on Government Procurement: Challenge and Reform (Cambridge University Press, 2011). The chapter puts under scrutiny public procurement policies designed to benefit SMEs per se, as small or medium sized enterprises, and to evaluate whether the GPA (and hence possibly other trade agreements liberalizing procurement markets) should be more accommodating to these policies, even though these policies might restrict international trade. The chapter also evaluates whether the GPA should be more accommodating to policies designed to benefit firms controlled by individuals who belong to historically …

Hope-Fulfilling Or Effectively Chilling? Reconciling The Hate Crimes Prevention Act With The First Amendment, Carter T. Coker

Vanderbilt Law Review

Living on a meager disability pension and without means of transportation, forty-nine-year-old African American James Byrd, Jr. of Jasper, Texas thought he had caught a break when three white men offered him a ride home on June 6, 1998. The following morning, police found Byrd's torso in the middle of the road, his head and arm in a ditch a mile away, and a three-mile trail of blood staining the road. That racial animus was the motivation for Byrd's torture, dragging, and death was hardly in dispute. Two of the three perpetrators were members of white supremacist organizations and bore …

When Men Are Harmed: Feminism, Queer Theory, And Torture At Abu Ghraib, Aziza Ahmed

Faculty Scholarship

In this Article I explore the assertions of "anti-imperialist" feminist scholars who critique "imperial feminism" for its support of the war on terror (WOT). I bring into this analysis the proposition by queer theorists that feminist reliance on male/ female subordination has the potential to not only obscure harm in times of war but also to perpetuate it. As a case study, I focus on the Abu Ghraib prison photos that depict, in part, female soldiers torturing male Iraqi prisoners. In conducting this analysis, I reveal the analytical limitations of dominance and cultural feminists, particularly with regard to male harm …

Defining The Phenotypes Of Sickle Cell Disease., Samir K. Ballas

Department of Medicine Faculty Papers

The sickle cell gene is pleiotropic in nature. Although it is a single gene mutation, it has multiple phenotypic expressions that constitute the complications of sickle cell disease. The frequency and severity of these complications vary considerably both latitudinally in patients and longitudinally in the same patient over time. Thus, complications that occur in childhood may disappear, persist or get worse with age. Dactylitis and stroke, for example, occur mostly in childhood, whereas leg ulcers and renal failure typically occur in adults. It is essential that the phenotypic manifestations of sickle cell disease be defined accurately so that communication among …

Update On Pain Management In Sickle Cell Disease., Samir K Ballas

Department of Medicine Faculty Papers

Acute pain is the hallmark of sickle cell disease and is the most common cause of hospital admissions. Tissue damage due to vaso-occlusion releases numerous inflammatory mediators that initiate the transmission of painful stimuli that culminate in the perception of pain. The acute sickle cell painful crisis evolves along four phases. Each phase is coupled with changes in certain markers of the disease. Hospital readmission occurs within 1 week in about 16% of discharged patients and within 1 month in about 50% of discharged patients. Failure to treat acute pain aggressively may lead to chronic pain syndrome which, in turn, …

Onco-Cardiology: The Time Has Come, Edward T H Yeh

The Texas Heart Institute Journal

No abstract provided.

Medical Professionalism Meets Generation X: A Perfect Storm?, Charles S Bryan

The Texas Heart Institute Journal

No abstract provided.

Website Design As Contract, Woodrow Hartzog

Faculty Scholarship

Few website users actually read or rely upon terms of use or privacy policies. Yet users regularly take advantage of and rely upon website design features like privacy settings. To reconcile the disparity between boilerplate legalese and website design, this article develops a theory of website design as contract. The ability to choose privacy settings, un-tag photos, and delete information is part of the negotiation between websites and users regarding their privacy. Yet courts invariably recognize only the boilerplate terms when analyzing online agreements. In this article, I propose that if significant website features are incorporated into the terms of …

The Willingness To Pay—Willingness To Accept Gap, The "Endowment Effect," Subject Misconceptions, And Experimental Procedures For Eliciting Valuations: Reply, Charles R. Plott, Kathryn Zeiler

Faculty Scholarship

The purpose of Plott and Zeiler (2005) — henceforth, PZ — was to investigate whether previously published experiments using consumption goods such as mugs and candy bars to measure gaps between willingness to pay (WTP) and willingness- to-accept (WTA) support endowment effect theory (EET). Our results demonstrate that the gap for commodities can be turned on and off by implementing procedures designed to control for subject misconceptions about the value elicitation procedures. Following experiments traditionally used to demonstrate the endowment effect, we used mug valuations to test EET. We used lottery rounds only to provide our subjects with paid practice …

Network Accountability For The Domestic Intelligence Apparatus, Danielle K. Citron, Frank Pasquale

Faculty Scholarship

A new domestic intelligence network has made vast amounts of data available to federal and state agencies and law enforcement officials. The network is anchored by “fusion centers,” novel sites of intergovernmental collaboration that generate and share intelligence and information. Several fusion centers have generated controversy for engaging in extraordinary measures that place citizens on watch lists, invade citizens’ privacy, and chill free expression. In addition to eroding civil liberties, fusion center overreach has resulted in wasted resources without concomitant gains in security.

While many scholars have assumed that this network represents a trade-off between security and civil liberties, our …

"We Know It When We See It": Intermediary Trademark Liability And The Internet, Stacey Dogan

Faculty Scholarship

The recent history of intermediary liability decisions in copyright and trademark law reflects a notable resistance to rules that might constrain judicial discretion to ferret out bad guys. Indeed, a dichotomy appears to be emerging between two types of defendants: those who want infringement to happen and those who do not. In both copyright and trademark cases, courts are developing two distinct sets of rules to deal with two different classes of intermediaries. Good-faith intermediaries — those with a core business model unrelated to infringement — have an obligation to address infringement upon notice, but need not go out of …

Engaging The Legal Academy In Disaster Response, Davida Finger, Laila Hlass, Anne Sikes Hornsby, Susan S. Kuo, Rachel A. Van Cleave

Faculty Scholarship

This article discusses three models of law school engagement that have been used to respond to natural disasters. The three models discussed are a disaster law clinic, a course on disaster law, and a student-led initiative featuring non-credit, pro bono placements. Each model offers a conceptual approach for integrating community-based, justice-oriented initiatives into academic and clinical teaching. Taken as templates for a more permanent model of engagement in the area of post-disaster law and social justice, these models demonstrate that the legal academy can meet its service obligation to the community while training lawyers to better appreciate the central tenets …

The Puzzle Of Independent Directors: New Learning, Frederick Tung

Faculty Scholarship

In this symposium paper, I discuss and critique some new empirical learning on independent directors.

The independent director has always offered a sort of magic bullet for corporate governance, representing the idealized monitor of executives’ behavior. Yet we corporate law scholars also harbor some ambivalence about the magic of this bullet. As much as we want to trust in the promise of independent directors, no solid empirical evidence exists to suggest that independent directors add value. Moreover, we have seen spectacular failures in the face of independent boards.

How do we account for this disconnect between our intuitions and best …

Poverty Tourism And The Problem Of Consent, Kyle Powys Whyte, Evan Selinger, Kevin Outterson

Faculty Scholarship

Is it morally permissible for financially privileged tourists to visit places for the purpose of experiencing where poor people live, work, and play? Tourism associated with this question is commonly referred to as 'poverty tourism.' While some poverty tourism is plausibly ethical, other practices will be more controversial. The purpose of this essay is to address mutually beneficial cases of poverty tourism and advance the following positions. First, even mutually beneficial transactions between tourists and residents in poverty tourism always run a risk of being exploitative. Second, there is little opportunity to determine whether a given tour is exploitative since …