Digital Commons Network^™

First Observation Of A Natural Hybrid Between Endangered Roanoke Logperch (Percina Rex) And Chainback Darter (Percina Navisense), James H. Roberts

Southeastern Fishes Council Proceedings

No abstract provided.

When Does F*** Not Mean F***?: Fcc V. Fox Television Stations And A Call For Protecting Emotive Speech, W. Wat Hopkins

Federal Communications Law Journal

The Supreme Court of the United States does not always deal cogently with nontraditional language. The most recent example is FCC v. Fox Television Stations, in which the Justices became sidetracked into attempting to define the f-word and then to determine whether, when used as a fleeting expletive rather than repeatedly, the word is indecent for broadcast purposes. The Court would do well to avoid definitions and heed Justice John Marshall Harlan's advice in Cohen v. California to provide protection for the emotive, as well as the cognitive, element of speech

Antitrust Review Of The At&T/Tmobile Transaction, Allen P. Grunes, Maurice E. Stucke

Federal Communications Law Journal

In August 2011, the United States brought a landmark antitrust lawsuit to prevent the merger of two of the nation's four largest mobile wireless telecommunications services providers, AT&T Inc. and T-Mobile USA, Inc. But why are so many elected officials asking the Obama administration to intercede in the Department of Justice's lawsuit to force a settlement? Why are they approving a merger that would likely lead to higher prices, fewer jobs, less innovation, and higher taxes for their constituents? Does it have anything to do with the money they are receiving from AT&T and T-Mobile? This Article examines the recent …

Spectrum Reallocation And The National Broadband Plan, Jeffrey A. Eisenach

Federal Communications Law Journal

Of the several significant changes in United States telecommunications policy proposed by the National Broadband Plan, none are more substantial than its proposals for spectrum policy. In particular, the Plan proposes to reallocate 500 MHz of spectrum from broadcast television, mobile satellite, government and other current uses to "mobile broadband" through the use of innovative "incentive auctions" and other voluntary, market-oriented mechanisms. The Plan's spectrum proposals have the potential to be a major step forward in the decades-long, bipartisan effort to replace "command-and-control" spectrum allocation with a more flexible, dynamic and market-oriented approach. Considerable work remains to be done, however, …

Putting A Price On Dirt: The Need For Better-Defined Limits On Government Fees For Use Of The Public Right-Of- Way Under Section 253 Of The Telecommunications Act Of 1996, Thomas W. Snyder, William Fitzsimmons

Federal Communications Law Journal

This Article addresses the enactment and inconsistent application of Section 253 of Telecommunications Act of 1996 ("FTA"). Most courts initially held that Section 253 imposed strong limitations on local governments seeking to charge fees to telecommunications carriers for use of the public rights-of-way ("PROW') by generally limiting the fees to management costs. Unfortunately, recent cases allowed local governments broad latitude in charging PROW fees to generate revenue, even where the fees are used to subsidize other government services. These "revenue-generating" fees are dangerous to the development of competition and the deployment of Internet services, which were the two primary goals …

Statewide Cable Franchising: Expand Nationwide Or Cut The Cord?, James G. Parker

Federal Communications Law Journal

In the name of increasing competition in the cable television market, Congress passed the Telecommunications Act of 1996. While this eliminated the barriers to entry using federal law, it did not change the nature of municipality-based cable system monopolies. In an effort to expand competition more quickly and efficiently, the phone companies (Verizon and AT&T) successfully supported legislation in at least twenty-five states that permits a single state application to compete statewide. This Note explores the varying approaches taken in the laws passed to date, analyzes the outcomes flowing from those implemented plans, and provides recommendations of the best practices …

Qualitative Research In Teaching Diversity In A Non-Diverse High School Setting Using Contemporary Art, Robin L. Reczek

Art Education Projects

Abstract

This qualitative action research study examined the effects of introducing diverse contemporary artworks into a non-diverse educational setting. For 3 months, 18 female high school students explored a range of artists, art styles, and artworks, in aid to discovering their own diverse qualities as well as the diversity of their classmates. Through participatory action research, I investigated how diverse contemporary artwork impacted student actions, discussions, and artworks. With the assistance of the transformative learning theory, I expected to convert students with non-accepting diversity views into unbiased young women. My research included data gathered from an assortment of alumni interviews, …

Individualism And Collectivism In A Korean Population, Diana D. Ahn

Scripps Senior Theses

Though much research has been conducted concerning the horizontal and vertical attributes of individualism and, not much has been done comparing and contrasting an Eastern culture, collectivism to a specific aspect of American culture, individualism, such as Korean American. The 32-item INDCOL scale was used to measure the 4 attributes (Singelis et al., 1995). Contrary to the proposed hypothesis, this study found high scores in horizontal individualism in Korean American participants and high scores in horizontal individualism and horizontal collectivism in Korean participants. These results could indicate a shift towards a different attribute in the Korean and Korean American community.

Transcript From Faculty Senate Meeting December 1, 2011, Frank Bove

The University of Akron Faculty Senate Chronicle

No abstract provided.

Escape Rates For Coupled Particles In A Stochastic Environment, Gregory Slusarczyk

Theses, Dissertations and Culminating Projects

A particle placed in a deterministic, overdamped potential well will move towards an attractor located at the bottom of the well. Once the particle reaches the attractor, it remains there forever since no other forces are acting on the particle. However, if weak stochasticity is introduced, the particle will fluctuate around the attractor. As a rare event, the noise can organize itself in such a way that a large fluctuation is created that causes the particle to escape from the basin of attraction. The escape rates/escape times can be found both analytically and numerically. Furthermore, it is possible to predict …

The Weekly Challenger, December 1, 2011, The Weekly Challenger, Et Al

Weekly Challenger Newspaper Collection

The December 1, 2011, issue of The Weekly Challenger.

Blindsight: How We See Disabilities In Tort Litigation, Anne Bloom, Paul Steven Miller

Washington Law Review

Tort litigation operates with a distorted perspective of disability. It suffers from blindsight; it does not see people with disabilities the way they see themselves. Disability advocates emphasize that most people with disabilities lead happy lives. Deeply rooted biases, however, make it difficult for this perspective to be recognized. Tort litigation’s heavy emphasis on medical testimony and its repeated portrayal of plaintiffs as “less than whole” over-emphasize the physical aspects of disability and unfairly depict people with disabilities as tragic. When legal actors embrace these views, they reinforce harmful stereotypes outside the courthouse doors. Newly disabled plaintiffs are also likely …

Integration Versus Apartheid In Post-Roman Britain: A Response To Thomas Et Al. (2008), John E. Pattison

Human Biology Open Access Pre-Prints

The genetic surveys of the population of Britain conducted by Weale et al. and Capelli et al. produced estimates of the Germani immigration into Britain during the early Anglo-Saxon period, c.430-c.730. These estimates are considerably higher than the estimates of archaeologists. A possible explanation suggested that an apartheid-like social system existed in the early Anglo-Saxon kingdoms resulting in the Germani breeding more quickly than the Britons. Thomas et al. attempted to model this suggestion and showed that it was a possible explanation if all Anglo-Saxon kingdoms had such a system for up to 400 yrs. I noted that their explanation …

The Memphis Ballpark District - A Case Study Investigating The Global And Local Influences In The Recreation Of A Downtown Through Urban Architecture And Sport, Jillian Jung

Architecture Undergraduate Honors Theses

In the late twentieth century, Memphis, Tennessee was on the verge of destruction due to its neglectful past. Race and safety concerns continued to plague the city. The area was failing socially and economically. Memphis and its needs were generally ignored by its public. What needed to be done to recreate this urban center for talent and entertainment? What local influences and global patterns help sustain an urban downtown environment? How could Memphis reestablish its forgotten identity? What would be the ‘difference-maker?’ The goal of this thesis is to answer these questions by addressing the essential elements of urban planning …

Proteome Based Development Of Novel Affinity Tail For Immobilized Metal Affinity Chromatography And Hydrophobic Interaction Chromatography, Neha Tiwari

Graduate Theses and Dissertations

At industrial scale, reducing the step in purification and recovery is desired; this not only decreases the cost but also increases the yield. Hydrophobic Interaction Chromatography (HIC) and Immobilized Metal Affinity Chromatography (IMAC) both are not harsh on biological structure or activity of proteins; also both the techniques are economical and therefore a suitable choice at industrial level. This dissertation comprises of three parts. Purpose for the Part I was to identify and characterize Escherichia coli proteins which display affinity towards both IMAC and Hydrophobic Interaction Chromatography (HIC). Co (II) IMAC was chosen as the primary capture step, followed by …

Information Outlook, December 2011, Special Libraries Association

Information Outlook, 2011

Volume 15, Issue 8

Portraying The Role Of Ezra Chater In Tom Stoppard's Arcadia, Joshua David Kellman

Graduate Theses and Dissertations

In January of 2011 I began working on the role of Ezra Chater

in Tom Stoppard's 1993 masterpiece

Arcadia . The production was under the

direction of Mavourneen Dwyer. After a month and a half of

rehearsal we opened on February 25th, 2011, and began a run of

performances that lasted until March 6th. Ezra Chater appears twice

over the course of the play, first in Act 1 scene 1, then in Act 1 Scene

III, and his character is integral to the mystery that connects the past

and present scenes together. In this paper I will be detailing the …

Is There A Constitutional Right To Select The Genes Of One’S Offspring?, Andrew B. Coan

UC Law Journal

The Supreme Court has long recognized a due process right to make deeply personal decisions such as whether to bear or beget a child. Might this right extend to selecting the genes of one’s offspring? Perhaps more important, should courts interpret it to do so? Thus far, discussion of these questions has focused almost exclusively on the normative goals that a constitutional commitment to procreative liberty should be taken to embrace. That is undoubtedly an important issue, but it cannot tell us whether courts are the institution best suited to carry any particular goal into effect. This is a basic …

Career Changers As First-Year Teachers In Rural Schools, Sara Winstead Fry, Holly Anderson

Curriculum, Instruction, and Foundational Studies Faculty Publications and Presentations

The challenges novice teachers face as they adjust to inservice teaching are well documented. However, relatively little attention has been given to beginning teachers in rural schools who have had previous careers in other professions. We used qualitative methods to examine the professional experiences and perceptions of four career-changing first-year teachers in rural schools, seeking to identify significant issues in their professional developmental processes. Three primary themes emerged: evidence of effectiveness as teachers; mentoring career changers, and; adjustment to rural school and community. We conclude with implications and recommendations for educators working to support this unique population of educators in …

Comparing The Understandability Of Alternative Data Warehouse Schemas: An Empirical Study, David Schuff, Karen Corral, Ozgur Turetken

IT and Supply Chain Management Faculty Publications and Presentations

An easily understood data warehouse model enables users to better identify and retrieve its data. It also makes it easier for users to suggest changes to its structure and content. Through an exploratory, empirical study, we compared the understandability of the star and traditional relational schemas. The results of our experiment contradict previous findings and show schema type did not lead to significant performance differences for a content identification task. Further, the relational schema actually led to slightly better results for a schema augmentation task. We discuss the implications of these findings for data warehouse design and future research.

Scotts Bluff National Monument Plant Community Composition And Structure Monitoring, 2011 Annual Report, Isabel W. Ashton, Michael Prowatzke, Michael R. Bynum, Tim Shepherd, Stephen K. Wilson, Kara Paintner-Green

United States National Park Service: Publications

Executive Summary

The Northern Great Plains Inventory & Monitoring Network (NGPN) was established to develop and provide scientifically credible information on the current status and long-term trends of the composition, structure, and function of ecosystems in thirteen parks located in five northern Great Plains states. NGPN identified upland plant communities, exotic plant early detection, and riparian lowland communities as vital signs that can be used to better understand the condition of terrestrial park ecosystems (Gitzen et al. 2010). Upland and riparian ecosystems are important targets for vegetation monitoring because the status and trends in plant communities provide critical insights into …

Agate Fossil Beds National Monument Plant Community Composition And Structure Monitoring, 2011 Annual Report, Isabel W. Ashton, Michael Prowatzke, Michael R. Bynum, Tim Shepherd, Stephen K. Wilson, Kara Paintner-Green

United States National Park Service: Publications

Executive Summary

The Northern Great Plains Inventory & Monitoring Network (NGPN) was established to develop and provide scientifically credible information on the current status and long-term trends of the composition, structure, and function of ecosystems in thirteen parks located in five northern Great Plains states. NGPN identified upland plant communities, exotic plant early detection, and riparian lowland communities as vital signs that can be used to better understand the condition of terrestrial park ecosystems (Gitzen et al. 2010). Upland and riparian ecosystems are important targets for vegetation monitoring because the status and trends in plant communities provide critical insights into …

Spring Migration Of Mallards From Arkansas As Determined By Satellite Telemetry, David George Krementz, Kwasi Asante, Luke W. Naylor

United States Geological Survey: Staff Publications

We used satellite telemetry to document spring migration phenology, routes, stopover regions, and nesting sites of mallards Anas platyrhynchos marked in Arkansas during the winters of 2004–2007. Of the 143 marked mallards that migrated from Arkansas, they did so, on average, by mid-March. Mallards flew over the Missouri Ozarks and 42% made an initial stopover in Missouri, where they used areas that had larger rivers (Mississippi River, Missouri River) embedded in an agricultural landscape. From this stopover region they either migrated directly to the Prairie Pothole Region (PPR) or they migrated north to Minnesota where they either moved next to …

Cellular Poly(C) Binding Proteins 1 And 2 Interact With Porcine Reproductive And Respiratory Syndrome Virus Nonstructural Protein 1Β And Support Viral Replication, Lalit Beura, Phat X. Dinh, Fernando A. Osorio, Asit K. Pattnaik

School of Veterinary and Biomedical Sciences: Faculty Publications

Porcine reproductive and respiratory syndrome virus (PRRSV) infection of swine results in substantial economic losses to the swine industry worldwide. Identification of cellular factors involved in PRRSV life cycle not only will enable a better understanding of virus biology but also has the potential for the development of antiviral therapeutics. The PRRSV nonstructural protein 1 (nsp1) has been shown to be involved in at least two important functions in the infected hosts: (i) mediation of viral subgenomic (sg) mRNA transcription and (ii) suppression of the host’s innate immune response mechanisms. To further our understanding of the role of the viral …

Strength Of Polycrystalline Ceramics Under Shock Compression, Jianbin Zhu

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

Determinations of Some polycrystalline ceramics’ strength properties and inelastic deformation mechanisms in the shocked state are critically important to the design and optimization of armor structures involving these materials. In this work, multiscale modeling and simulations have been carried out to study strength of the effects of polycrystalline microstructure, crystal anisotropy, porosity, and their interactions with microscopic deformation/damage mechanisms on the responses of several polycrystalline ceramics under shock compression and to extract their shock strengths from the wave profiles measured in the related plate impact shock wave experiments.

With a mesoscopic computational model, the roles of intragranular microplasticity and deformation …

Fungal Virulence And Development Is Regulated By Alternative Pre-Mrna 3′End Processing In Magnaporthe Oryzae, Marina Franceschetti, Emilio Bueno, Richard A. Wilson, Sara L. Tucker, Concepción Gómez-Mena, Grant Calder, Ane Sesma

Fungal Molecular Plant-Microbe Interactions

RNA-binding proteins play a central role in post-transcriptional mechanisms that control gene expression. Identification of novel RNA-binding proteins in fungi is essential to unravel post-transcriptional networks and cellular processes that confer identity to the fungal kingdom. Here, we carried out the functional characterisation of the filamentous fungus-specific RNAbinding protein RBP35 required for full virulence and development in the rice blast fungus. RBP35 contains an N-terminal RNA recognition motif (RRM) and six Arg-Gly-Gly tripeptide repeats. Immunoblots identified two RBP35 protein isoforms that show a steady-state nuclear localisation and bind RNA in vitro. RBP35 coimmunoprecipitates in vivo with Cleavage Factor I (CFI) …

Sacrifice And Sacred Honor: Why The Constitution Is A "Suicide Pact", Peter Brandon Bayer

William & Mary Bill of Rights Journal

Most legal scholars and elected officials embrace the popular cliché that “the Constitution is not a suicide pact.” Typically, those commentators extol the “Constitution of necessity,” the supposition that Government, essentially the Executive, may take any action—may abridge or deny any fundamental right—to alleviate a sufficiently serious national security threat. The “Constitution of necessity” is wrong. This Article explains that strict devotion to the “fundamental fairness” principles of the Constitution’s Due Process Clauses is America’s utmost legal and moral duty, surpassing all other considerations, even safety, security and survival.

The analysis begins with the most basic premises: the definition of …

Culture Matters: Cultural Differences In The Reporting Of Employment Discrimination Claims, Andrew Tae-Hyun Kim

William & Mary Bill of Rights Journal

Why don’t reasonable people complain about discrimination? Behavioral science evidence points to structural barriers, like the fear of retaliation and the lack of sociocultural power in the workplace, that discourage employees from reporting. By not reporting perceived discriminatory or harassing conduct, the employee not only underutilizes Title VII’s administrative scheme—which was created precisely to remedy and deter such conduct—but also incurs a heavy litigative cost in employer liability suits. This Article claims that for certain minority groups, namely Asian Americans, certain cultural differences significantly heighten those structural barriers and consequently leave them underprotected in the legal system. The Article locates …

Restoring "Life, Liberty, And The Pursuit Of Happiness" In Our Constitutional Jurisprudence: An Exercise In Legal History, Patrick J. Charles

William & Mary Bill of Rights Journal

No abstract provided.

Campus Citizenship And Associational Freedom: An Aristolelian Take On The Nondiscrimination Puzzle, Chapin Cimino

William & Mary Bill of Rights Journal

Student expressive association on campus is a thorny thicket. Student affinity groups often choose to organize around a shared principle or characteristic of the groups’ members, which, by definition, makes those students different in some way from their peers. In order to preserve the group’s sense of uniqueness, these groups often then wish to control their own membership and voting policies. They feel, in essence, entitled to discriminate—a right arguably embodied by the First Amendment freedom of expressive association. When campus groups actually exercise this right, however, they run into university antidiscrimination policies, which can cost them official campus recognition. …