Digital Commons Network^™

Excluding Unemployed Workers From Job Opportunities: Why Disparate Impact Protections Still Matter, Helen Norton

Publications

No abstract provided.

Civil Rights And Systemic Wrongs, Melissa Hart

Publications

Systemic employment discrimination is a structural, social harm whose victims include not only those who can be specifically identified, but also many who cannot. Pattern and practice claims in employment litigation are an essential tool for challenging this structural harm. Unfortunately, the Supreme Court's decision in Wal-Mart v. Dukes brushes aside the systemic nature of the plaintiffs' claims, making both theoretical and doctrinal mistakes in its application of the procedural and substantive law applicable in employment discrimination class action litigation. The most troubling part of the Court's opinion--its rejection of statistical modeling for remedial determinations--has received little attention. This article …

Credit Derivatives, Leverage, And Financial Regulation's Missing Macroeconomic Dimension, Erik F. Gerding

Publications

Of all OTC derivatives, credit derivatives pose particular concerns because of their ability to generate leverage that can increase liquidity - or the effective money supply - throughout the financial system. Credit derivatives and the leverage they create thus do much more than increase the fragility of financial institutions and increase counterparty risk. By increasing leverage and liquidity, credit derivatives can fuel rises in asset prices and even asset price bubbles. Rising asset prices can then mask mistakes in the pricing of credit derivatives and in assessments of overall leverage in the financial system. Furthermore, the use of credit derivatives …

The Overhyped Path From Tinker To Morse: How The Student Speech Cases Show The Limits Of Supreme Court Decisions--For The Law And For The Litigants, Scott A. Moss

Publications

Each of the Supreme Court's high school student speech cases reflected the social angst of its era. In 1965's Tinker v. Des Moines Independent Community School District, three Iowa teens broke school rules to wear armbands protesting the Vietnam War. In 1983, amidst parental and political upset about youth exposure to sexuality in the media, Bethel School District No. 403 v. Fraser and Hazelwood School District v. Kuhlmeier allowed the censorship of an innuendo-filled student government speech and a school newspaper article on teen pregnancy and parental divorce. In 2007, Morse v. Frederick paralleled the rise of reality television …

Wilkes V. Springside Nursing Home, Inc.: A Historical Perspective, Mark J. Loewenstein

Publications

No abstract provided.

A Diva Defends Herself: Gender And Domestic Violence In An Early Twentieth-Century Headline Trial, Carolyn B. Ramsey

Publications

This short article was presented as part of a symposium on headline criminal trials, organized by St. Louis University School of Law in honor of Lawrence Friedman. It describes and analyzes the self-defense acquittal of opera singer Mae Talbot in Nevada in 1910 on charges of murdering her abusive husband. Based on extensive research into archival trial records and newspaper reports, the article discusses how the press, the court, and trial lawyers on both sides depicted the killing and Mae’s possible defenses. Without discounting the sensationalism and entertainment value, to a scandal-hungry public, of stories about violent marriages, I contend …

Industrial Terrorism And The Unmaking Of New Deal Labor Law, Ahmed A. White

Publications

The passage of the Wagner (National Labor Relations) Act of 1935 represented an unprecedented effort to guarantee American workers basic labor rights--the rights to organize unions, to provoke meaningful collective bargaining, and to strike. Previous attempts by workers and government administrators to realize these rights in the workplace met with extraordinary, often violent, resistance from powerful industrial employers, whose repressive measures were described by government officials as a system of "industrial terrorism." Although labor scholars have acknowledged these practices and paid some attention to the way they initially frustrated labor rights and influenced the jurisprudence and politics of labor relations …

Campaign Speech Law With A Twist: When The Government Is The Speaker, Not The Regulator, Helen Norton

Publications

Although government entities frequently engage in issue-related campaign speech on a variety of contested ballot and legislative measures, this fact has been entirely overlooked in contemporary First Amendment debates over campaign speech law specifically and government speech more generally. The Supreme Court's "campaign speech" and "government speech" dockets have focused to date on claims by private parties that the government has restricted or silenced their speech in violation of the First Amendment. In contrast, disputes over what this Article calls "governmental campaign speech" involve Free Speech Clause and other challenges by private parties who seek instead to silence the government's …

Innovation, Entrepreneurship, And The Information Age, Philip J. Weiser

Publications

This Essay makes the case for antitrust enforcement as a critical part of innovation policy and catalyzing entrepreneurship. It begins by explaining how innovation and entrepreneurship are drivers of economic growth and pillars of any effective economic strategy. With respect to antitrust enforcement and competition policy, it highlights the role that antitrust can play in opening up markets and addressing bottleneck monopolies, such as those at issue in the Microsoft and AT&T cases. It also explains that the most nettlesome challenge of such enforcement is devising appropriate and effective remedies, suggesting a few strategies to address that challenge.

Consumer Contract Exchanges And The Problem Of Adhesion, Andrew A. Schwartz

Publications

Businesses and sophisticated parties have long used "contract exchanges," like the Chicago Board of Trade, to obtain a fair price and protect themselves from market volatility. These contract exchanges have greatly benefited both their participants and the public at large, but participation was long limited to a wealthy few. A decade ago, however, Internet websites, including Hotwire and Priceline, brought the power of contract exchanges directly to consumers, allowing regular people to flex their collective bargaining power to obtain low prices on travel services. Even more recently, other such "consumer contract exchanges," including Prosper and MoneyAisle, have organized vibrant markets …

Floorplan Design And Yield Enhancement Of 3-D Integrated Circuits, Rajeev Kumar Nain

Dissertations and Theses

We have developed a placement-aware 3-D floorplanning algorithm that enables additional wirelength reduction by planning for 3-D placement of logic gates in selected circuit modules during the floorplanning stage. Thus it also bridges the existing gap between 3-D floorplanning and 3-D placement. To reduce the solution space of 3-D floorplanning which is known to be an NP-hard problem, we derive a set of feasibility conditions on the topological representation of a floorplan. In addition, we have designed a fast module packing algorithm that satisfies a set of constraints for placement-aware 3-D floorplanning. Furthermore, we have designed an efficient evolutionary algorithm …

On Constrained Optimization Schemes For Joint Inversion Of Geophysical Datasets, Uram Anibal Sosa Aguirre

Open Access Theses & Dissertations

In the area of geological sciences, there exist several experimental techniques used to advance in the understanding of the Earth. We implement a joint inversion least-squares (LSQ) algorithm to characterize one dimensional Earth's structure by using seismic shear wave velocities as a model parameter. We use two geophysical datasets sensitive to shear velocities, namely Receiver Function and Surface Wave dispersion velocity observations, with a choice of an optimization method: Truncated Singular Value Decomposition (TSVD) or Primal-Dual Interior-Point (PDIP). The TSVD and the PDIP methods solve a regularized unconstrained and a constrained minimization problem, respectively. Both techniques include bounds into the …

Municipal Water Consumption Patterns Of Halifax Nova Scotia Canada, Katherine Christenda White

Open Access Theses & Dissertations

Water consumption patterns of Halifax will be analyzed using an error correction model. This analysis will utilize climatic, pricing and employment variables to determine the consumption patterns of Halifax Nova Scotia Canada. Policy implementation recommendation are made to provide rationale and aid in generating new policies and pricing scchemes.

Causes And Consequences Of Changes In Algal Community Structure Of Arctic Tundra Ponds From Barrow, Alaska, Mariana Vargas Medrano

Open Access Theses & Dissertations

Algal communities in the Arctic are highly sensitive to environmental change, such as longer growing seasons and changes in ice cover. On the north slope of Alaska, ponds and lakes cover large portions of the total land area. We surveyed the periphytic algal communities in tundra ponds from Barrow, Alaska to assess environmental effects on their populations. Samples were collected in August 2008-10 from two main study areas: the IBP (the International Biological Program), which was also studied in 1970-71 but now is located near to human settlements, and the BEO (Barrow Environmental Observatory), which is within a protected area. …

Implications Of Surface Runoff Recharge In Semi-Arid Regions On Groundwater Sustainability, Omar M. Al-Qudah

Open Access Theses & Dissertations

Amargosa Desert, Nevada regional groundwater studies show that the surface runoff infiltration occurring in the arroyos following runoff producing storms, and this infiltration is considered to be a major source of groundwater recharge. Groundwater infiltration through alluvium was investigated in the Amargosa Desert using borehole drill cuttings, groundwater chemistry, and applying a novel method for collecting runoff water. The sampling process included sediment, precipitation, and runoff water. In total, 176 runoff, 182 sediment, and 45 precipitation samples were collected between January, 2009 and January, 2011.Water chemistry, chloride concentrations, and stable isotopes of water collected from specially designed runoff samplers, placed …

Phylogeography Of Northern Populations Of The Black-Tailed Rattlesnake (Crotalus Molossus Baird And Girard, 1853) With The Revalidation Of C. Ornatus Hallowell, 1854, Christopher Anderson

Open Access Theses & Dissertations

The black-tailed rattlesnake (Crotalus molossus Baird and Girard, 1853) is a wide-ranging species complex with representatives from the southwestern United States through the highlands of central and southern Mexico. The systematics of this group has received little attention and in the past six decades only two taxonomic revisions have been proposed (the transfer of C. basiliscus oaxacus to C. molossus and the elevation of C. m. estebanensis to full species). However, a recent revision of the Neotropical rattlesnakes (C. durissus and C. simus) recovered a polyphyletic C. molossus. Sequenced data were obtained from three mitochondrial genes …

The Impact Of Training On Mentor And Student Teachers' Self Efficacy In Physical Education, Ana Lilia Cisneros

Open Access Theses & Dissertations

Providing support from an experienced teacher through mentoring has been as one way to reform teaching and teacher education. To keep talented beginning teachers in the profession, more than 30 states have implemented some form of mentoring program for novice teacher assistance. The purpose of this study was to investigate the impact of formal training on mentor and student teachers' self-efficacy in physical education. The study included eight mentors and seven student teachers in the experimental group receiving training. Three mentor and three student teachers were part of the control group and received no training. All results indicated the mentor …

Prediction Of Ribonucleic Acid Secondary Structures Using A Heuristic Backtracking Search, Christopher Roman Cuellar

Open Access Theses & Dissertations

Ribonucleic acid (RNA) is essential for all forms of life. RNA is made up of a large chain of nucleotide bases: Guanine (G), Uracil (U), Cytosine (C), and Adenine (A). An RNA strand can fold on itself to allow G-C, A-U, and G-U bases to form hydrogen bonds, this is known as a secondary structure. Knowing the secondary structure of an RNA chain is very important because it will allow researchers to better understand its specific functions. RNA will create secondary structures that tend to minimize their free energy. RNA secondary structure prediction is the attempt to predict physical folding …

Influence Of Orography On The Weather Patterns And Water Availability Of A Topographically Complex Chihuahuan Desert Region, Fernanda De La Cerda Camargo

Open Access Theses & Dissertations

Arid and semi-arid ecosystems cover a large extent of the planet's land surface and are highly susceptible to/and dependent on resource availability patterns, especially precipitation. Topography affects large scale weather patterns and redistributes precipitation which creates a variety of microclimates in complex landscapes; how these patterns are modified, however, is still not fully understood. Climate change models for arid and semi-arid ecosystems predict a change towards more extreme precipitation events; understanding the mechanisms involved in redistributing precipitation is crucial for the protection of these areas. Indio Mountains Research Station (IMRS) is located in the northern Chihuahuan Desert and seems to …

Enterprise Transformation Through A Zachman-Bayesian Framework To Improve Efficiency & Productivity, Ramakanth Gona

Open Access Theses & Dissertations

Although organizations are aware of the benefits of enterprise architectures models, organizations have difficulties determining deficiencies in their business architecture. Organizational assessment tools often do not achieve expectations as sold to management. Performance measures often fail to properly represent necessary holistic measurements. Methods for capturing deficiencies in current business models and deterring improvements to optimize business processes are rare. This thesis develops a new experimental architecture modeling approach for enterprise transformations. The approach is efficient in capturing deficiencies and finding correlations which can become targeted goals for improvements. The Zachman enterprise architecture framework provides a holistic view of organizational models …

Optimal Control Applied To A Discrete Time Influenza Model, Paula Andrea Gonzalez Parra

Open Access Theses & Dissertations

For the last decades, mathematical epidemiological models have been used to understand the dynamics of infectious diseases and guide public health policy.

In particular, several continuous models have been considered to study influenza outbreaks and their controls policies. However, most epidemiological data is discrete; therefore, a discrete formulation is more convenient to compare collected data with the output of the model. We introduce a discrete time model in order to study optimal control strategies for influenza transmission.

In our model, we divide the population into four classes: susceptible, infectious, treated, and recovered individuals.

In particular, we evaluate the potential effect …

Monitoring Ecosystem Dynamics In An Arctic Tundra Ecosystem Using Hyperspectral Reflectance And A Robotic Tram System, Santonu Goswami

Open Access Theses & Dissertations

Global change, which includes climate change and the impacts of human disturbance, is altering the provision and sustainability of ecosystem goods and services. These changes have the capacity to initiate cascading affects and complex feedbacks through physical, biological and human subsystems and interactions between them. Understanding the future state of the earth system requires improved knowledge of ecosystem dynamics and long term observations of how these are being impacted by global change. Improving remote sensing methods is essential for such advancement because satellite remote sensing is the only means by which landscape to continental-scale change can be observed.

The Arctic …

Development Of A New Evolutionary Algorithm Based On Adaptive Echolocation Applied To A Multi Objective Version Of The Redundancy Allocation Problem, Karla Rocio Gutierrez

Open Access Theses & Dissertations

The intention of this research is to develop a new algorithm that it is mainly focus in the principle of echolocation or also called biosonar. This principle is active in many animals such as: birds, shrews, dolphins and bats, these last ones are going to be a fundamental part of our study. These animals use it as radar in order to find food, obstacles or just to locate objects.

These animals use ultrasound beams with a certain degree of angle and multiple receivers; such as the two ears that are located slightly apart, so at the time of the returning …

A Reduced Order Parameter Estimation Technique Using Orthonormal Wavelets, Miguel Hernandez Iv

Open Access Theses & Dissertations

In this work we introduce methods for model order reduction using orthonormal wavelets. Specifically, we propose techniques and algorithms for wavelet-based reduced order parameter estimation using orthonormal wavelets for solving nonlinear least squares problems. Approaches for parameter reduction using the one dimensional and two dimensional wavelet transforms are presented using multiple levels of decomposition.

The performance of wavelet-based reduced order parameter estimation is tested using a suite of orthonormal wavelets on a groundwater hydraulics model provided by the U.S. Army Corps of Engineers. Using the hydraulics model, the goal is to find a least-squares solution of the permeability field given …

Evidence Of Ancient Rifts Beneath Texas, Keisuke Irie

Open Access Theses & Dissertations

Continental rifts are defined as geological features where Earth's lithosphere is pulled away by surface expansion of the Earth. Their physiographic features include linear rift valleys associated with active volcanism. Many rifts fail to split a continent and ancient rifts that failed to split can be found by using seismic waves to image these ancient structures. Using seismic data collected by EarthScope USArray stations in Texas, teleseismic receiver functions was calculated and utilized surface wave dispersion curves to simultaneously invert for the 2D velocity structure beneath each seismic station. EarthScope is a scientific program funded by NSF that provides geophysical …

A Picture Is Worth A Thousand Words: Integrating Sequential Narratives Into An English Language Learner's Curriculum, Cira Michelle Montoya

Open Access Theses & Dissertations

The following thesis aims to explore the subject of using comics in the classroom, particularly with English Language Learner (ELL) students. Do the images, vocabulary, and contextual cues found within comics and graphic novels positively affect language comprehension and writing skills of ELL students when these texts are integrated into a tailored curriculum? Within my research I have composed an extensive literature review comprised of two major sections. The first section aims to highlight the use of comics to assist struggling readers, again focusing on ELL students. The second section compiles a list of comics and graphic novels I reviewed …

Alcohol Production And Consumption Throughout U.S. History, And More Particularly In El Paso, Texas, As It Relates To Social Norms Theory, Jennifer Matthews

Open Access Theses & Dissertations

This thesis traces the history of alcohol production and consumption throughout U.S. history by following the course of the four major periods of relative equilibrium in social norms that the country has experienced. It uses this socio-historiography as a platform to understand how national trends in alcohol production and consumption were experienced along the border in El Paso, Texas, in a very unique fashion. The thesis aspires to augment El Paso's pride and sense of identity by building on knowledge of local history, customs, and norms.

Exploring Organizational Culture And Leadership Styles In El Paso Nonprofit Organizations, Milena Murta

Open Access Theses & Dissertations

This study focuses on two non-profit organizations in the El Paso region to document the communication processes by which they maintain their culture across their units. The study also explores leadership styles, both what are they and how they are employed in these organizations. This study involves three research methods, including: content analysis of organizational documents, interviews with leaders, and ethnographic observation. The findings of this study suggest that managing non-profit organizations is a challenge but yet rewarding duty. Moreover, managers explained that mission management is facilitated through four major ways: through documents, through the delivery of services, through training …

Gender Differences In Food Habits, Beliefs, And Fast Food Consumption Among A Predominantly Hispanic College Student Population, Alma Xochitl Ortega Gomez

Open Access Theses & Dissertations

Fast food consumption in the United States (U.S.) has been increasing steadily during the last decades. This trend has been linked to the increased prevalence of overweight and obesity among the population (Barnard, 2010; Currie, Della Vigna, Moretti & Pathania, 2009). Several sociodemographic characteristics that have been associated with the likelihood of frequent fast food consumption include income, ethnicity, gender and age (Block, Scribner, DeSalvo, 2004; Bowman & Vinyard, 2004; Drewnoski & Darmon, 2005; Driskell et al., 2006; Morse & Diskell, 2009; Paeratakul et al., 2003). Most studies related to fast food consumption have been conducted in adult population, only …

Fold-Thrust System Overprinting Syn-Rift Structures On The Margin Of An Inverted Rift Basin: Indio Mountains, West Texas, Seth Joel Page

Open Access Theses & Dissertations

Detailed mapping in the central Indio Mountains in west Texas, reveal a complex stacking of thrust sheets that record inversion of the Mesozoic Chihuahua Trough rift basin. Important newly recognized structural complexities include both folding of older thrust sheets and development of younger, out-of-sequence thrusts that cut across older folds; detachment fold horizons within thrust sheets; and a regional anticlinorium that exposes the Squaw thrust in a structural half-window bounded on the west by the Neogene Indio normal fault. The Chihuahua trough originated as part of the late Mesozoic border rift system and was inverted during Laramide thrusting. Remnants of …