Digital Commons Network^™

Photo Composition, Stephen Sagers, Ron Patterson

All Current Publications

Photography is the art of capturing an image with a camera to produce satisfying artwork. There are several elements that go into a well-composed photograph.

The Nehemiah Story: Paying Close Attention At A Biblical Revival Meeting, Gerald A. Klingbeil

Faculty Publications

No abstract provided.

Protecting Immigrant Workers Through Interagency Cooperation, Jayesh Rathod

Scholarly Articles in Law Reviews & Journals

Stephen Lee’s Monitoring Immigration Enforcement offers a promising prescription for resolving the long-standing tension between the workplace enforcement priorities of the Department of Homeland Security (“DHS”) and the efforts by the Department of Labor (“DOL”) to protect the rights of immigrant workers. Lee convincingly describes - often with the aid of rich historical examples - the origins of the chronic imbalance of power between DHS and the DOL, and the limitations of past efforts to synchronize the work of the respective agencies. Lee’s proposal for interagency coordination, in the form of ex ante monitoring by the DOL of worksite enforcement …

Paul Verkuil's Projects For The Administrative Conference Of The U.S. 1974-1992, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

I am really happy to be part of this tribute to Paul Verkuil. It may surprise those in the audience to learn that I am bringing some needed diversity to today's proceedings - I am the only other Dutch American on the program! But perhaps my twenty years at the "Administrative Conference" also qualifies me to say a few words about how thrilled I am that we have it back - "ACUS 2.0" we can call it, complete with a website this time- and that Paul is at its helm. And I want to thank Paul for bringing me back …

Acus 2.0 And Its Historical Antecedents, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Secret Inventions, Jonas Anderson

Scholarly Articles in Law Reviews & Journals

Patent law - and innovation policy more generally - has traditionally been conceptualized as antithetical to secrecy. Not only does the patent system require inventors to publicly disclose their inventions in order to receive a patent, but various patent doctrines are designed to encourage inventors to forego trade secrecy. This Article offers a critique of the law’s preference for patents. In particular, this Article examines whether and under what circumstances the law should prefer patents over secrets, and vice versa.

As an initial step towards a theoretically-supported system of inventor incentives, this Article constructs a framework that attempts to balance …

Comcast/Nbcu: The Fcc Provides A Roadmap For Vertical Merger Analysis, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

The FCC’s analysis of the Comcast-NBCU transaction fills a gap in the contemporary treatment of vertical mergers by providing a roadmap for courts and litigants addressing the possibility of anticompetitive exclusion. The FCC identified the factors any judicial or administrative tribunal would likely consider today in analyzing whether a vertical merger would lead to anticompetitive input or customer foreclosure, and a range of economic methods potentially relevant to applying that template to the facts of a transaction. Notwithstanding the difference between administrative adjudication under a public interest standard and judicial decision-making under the Clayton Act, the legal framework and economic …

'Accountability' As 'Legitimacy': Global Governance, Global Civil Society And The United Nations, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

This essay is a contribution to a symposium on international NGO accountability. It distinguishes between "internal" accountability for NGOs (fiduciary standards, fiscal and internal governance controls, etc.) and "external" accountability (the legitimacy with which they act in the international world, and the legitimacy which they confer upon others, and why). The essay focuses upon the latter, external accountability, and argues that the transformation of international NGOs into "global civil society" signaled an ideological move with regards to legitimacy in the global community, one which asserted claims of "representativeness" and not merely interest or expertise. The essay criticizes this legitimacy move, …

Legal Education And Civility, Mark Niles

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Security Council Resolution 1973 On Libya: A Moment Of Legal & Moral Clarity, Paul Williams, Colleen Popken

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Earned Sovereignty: The Future Of Sovereignty-Based Conflict Resolution, Paul Williams

Scholarly Articles in Law Reviews & Journals

No abstract provided.

On The Use Of Log-Transformation Vs. Nonlinear Regression For Analyzing Biological Power-Laws, Xiao Xiao

All Graduate Plan B and other Reports, Spring 1920 to Spring 2023

Power-law relationships are among the most well-studied functional relationships in biology . Recently the common practice of fitting power-laws using linear regression on log-transformed data (LR) has been criticized, calling into question the conclusions of hundreds of studies. It has been suggested that nonlinear regression (NLR) is preferable, but no rigorous comparison of these two methods has been conducted. Using Monte Carlo simulations we demonstrate that the error distribution determines which method performs better, with LR better characterizing data with multiplicative lognormal error and NLR better characterizing data with additive normal error. Analysis of 471 biological power-laws shows that both …

An Ethnographic Study Of In-Service And Pre-Service Teacher Collaboration In The Development And Execution Of Mathematics Lessons, Jessica Munns

All Graduate Plan B and other Reports, Spring 1920 to Spring 2023

While much is known about effective strategies for teaching mathematics, less is understood about how to lead new teachers to employ research-based practices in their work. To address this issue we followed a Methods of Teaching Secondary and Middle School Mathematics course at Utah State University where collaboration between inservice and pre-service teachers was emphasized. This report documents examples of the implementation of research-based teaching practices by collaborative groups during the course. The structure of collaboration followed a lesson study model involving research and planning, execution and observation, and reflection and revision of lessons. Preservice and in-service teachers met twice …

Development And Implementation Of A Bayesian Model For Sediment Transport In Fluvial Systems, Mark Schmelter

All Graduate Plan B and other Reports, Spring 1920 to Spring 2023

Recent studies in the field of fluvial sediment transport underscore the difficulty in reliably estimating transport model parameters, collecting accurate observations, and making predictions due to measurement error and conceptual model uncertainty. There is a pressing need to develop models that can account for measurement error, conceptual model uncertainty, and natural variability while providing probability-based predictions as well as a means for conceptual model discrimination. The model presented in this research employs an excess shear sediment transport equation for a uni-size sediment bed developed in a Bayesian statistical framework. This statistical model provides a means to rigorously estimate distributions of …

Examining Entrenched Masculinities Within The Republican Government Tradition, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

“May all our citizens be soldiers, and all our soldiers citizens,” Sarah Livingston Jay toasted to revelers celebrating the Revolutionary War in 1789. She expressly conveyed what this article describes as the “foundational fusion” of republican government traditions coupling the military service of citizens-soldiers with male political citizenship. While the core of this fusion is deep, long-standing, and well-documented, this article explores the implicit tensions conveyed in her toast – the dominant masculinity dimensions of this foundational fusion. How do women and black men historically gain full political citizenship and effectuate republican government guarantees given its anchoring in entrenched dominant …

The Relationship Of Race And Social Integration On The Health Status Of Older Adults In An Urban City, Thomas T. Jordan

Dissertations, Theses, and Capstone Projects

Durkheim argues that an individual is more vulnerable to self-destruction the more s/he is detached from the collective. This dissertation will explore the relative impact of social integration on older adults who have transitioned into their new roles in the social structure in relationship to their physical (obesity) and psychological (stress) health status. Additionally, the dissertation examines how social integration varies in its impact from one racial group to another, and how such variations influence the health status of the older adults who are members of these groups.

This dissertation employs data from the Brookdale Center for Healthy Aging and …

Reading Charles Black Writing: "The Lawfulness Of The Segregation Decisions" Revisited, Kendall Thomas

Faculty Scholarship

The year 2010 marked the fiftieth anniversary of the publication of Charles L. Black, Jr.'s "The Lawfulness of the Segregation Decisions." Professor Black's magisterial essay on the Supreme Court's 1954-1955 decisions in Brown v. Board of Education and its companion cases is, by any account, a foundational text in the scholarly literature on race and law in the United States. Black's short but searing defense of Brown introduced ideas and arguments about race, about law, and about the law of race that transformed the field. I can think of no better way to celebrate this inaugural issue of the Columbia …

Becoming Normal: The Social Construction Of Buprenorphine And New Attempts To Medicalize Addiction, Julie C. Netherland

Dissertations, Theses, and Capstone Projects

Drawing on theories about the social construction of knowledge and the sociology of the body, this dissertation analyzes the social construction of buprenorphine, a medication being used to treat addiction to opioids, to better understand the processes of medicalization. Buprenorphine was central the passage of the Drug Addiction Treatment Act of 2000, a law which overturned an almost one hundred year prohibition preventing physicians from prescribing narcotics for the treatment of addiction in an office-based setting. Buprenorphine is seen by many as central to moving addiction treatment into the medical mainstream. Using documents from government regulators, industry, and addiction researchers, …

Tiebout Sorting And Jurisdictional Homogeneity: Empirical Validity And Ethical Implications, Lee Hachadoorian

Dissertations, Theses, and Capstone Projects

In a seminal paper, Tiebout (1956) argues that a large number of small local governments will function as a market in local services, leading to efficient allocation of local public goods. This result only obtains if households actually move in response to local fiscal differences. Spatial dependence of socioeconomic variables confounds attempts to infer Tiebout-motivated residential choice from observed socioeconomic homogeneity. I correct for this by focusing on socioeconomic difference across local government borders. In an investigation of socioeconomic sorting in Queens and Nassau Counties, NY, I find strong evidence of income sorting at the level of small suburban municipalities …

Personal Narratives Of Women's Leadership And Community Activism In Cherkasy Oblast, Martha Kichorowska Kebalo

Dissertations, Theses, and Capstone Projects

Ukraine's women's movement is part of a complex social field characteristic of formerly Soviet countries, but it also emerges from its own specific political history. Post-Soviet period, (neo-) nationalism, feminism and (neo-) socialism are significant forces shaping women's collective behavior. Their activism resonates with the pre-Soviet liberation struggle while it is shaped also by practices from the recent Soviet past. It also is sensitive to external pressures, including the agendas of Western aid and the Ukrainian diaspora.

This study accepts the emergence of non-state women's organizations as indicative of an incipient movement and examines this field of social activism in …

Phenolic Constituents From Garcinia Intermedia And Related Species, Ulyana Muñoz Acuña

Dissertations, Theses, and Capstone Projects

Antioxidants from plants scavenge free radicals and prevent reactive oxygen species from having damaging effects in common ailments such as inflammation, atherosclerosis, and Alzheimer’s disease. As part of our ongoing studies of antioxidants from tropical edible fruits, we have studied Garcinia intermedia (Pittier) Hammel [synonym: Rheedia edulis (Seem.) Planch. & Triana], native to Central America. In the fruits the following compounds were identified: guttiferone A, guttiferone E, xanthochymol, fukugetin, volkensiflavone and fukugeside. A new compound was tentatively identified in the fruits of this species. The antioxidant activity of guttiferone A in the 1,1-diphenyl-2-picrylhydrazyl (DPPH) assay was IC50 = 46 μM. …

The Interpersonal Foundations Of Anti-Atheist Prejudice, Michael W. Magee

Dissertations, Theses, and Capstone Projects

Anti-atheist prejudice in the U.S. is socially accepted and rife—and not just because most Americans are religious. This research suggests that hostility toward atheists is related in part to protecting parental relationships. To the extent that they are established within parental relationships, shared reality theory implies that religious beliefs and associated attitudes will be psychologically defended to the extent that the parental relationships engaged are strong, healthy, and vital (Magee & Hardin, 2010; see also Hardin & Higgins, 1996). Three experiments examined the regulation of anti-atheist prejudice in the defense and protection of religious shared realities with parents, as implied …

Education Policy And The Mathematics Curriculum In New York City Middle Schools, 1958 To 2002, Joseph Valley

Dissertations, Theses, and Capstone Projects

This study investigates how mathematics education policy and curriculum in New York City changed over the period from 1958 through 2002. It looks at the events leading up to the 퉌new math era, the back to basics movement, and the Standards movement initiated by the National Council of Teachers of Mathematics (NCTM) in 1989. Since this period is bounded by two important pieces of legislation, the National Defense Education Act (NDEA),1958, and the No Child Left Behind Act (NCLB) 2001 an assessment of the arguments for and against the federal intervention in education is essential.

The research methodology used for …

Myth4 And Ferm Have Overlapping And Distinct Roles In The Function Of Myo1, A Class Xiv Myosin In Tetrahymena Thermophila, Michael Gotesman

Dissertations, Theses, and Capstone Projects

MyTH4 and FERM are conserved tail domains in myosin classes VII, X, XII, XIV, XV and in MyoG. Myo1, a class XIV myosin in Tetrahymena thermophila, contains MyTH4 and FERM. Previous studies have shown that Myo1 localizes to phagosomes, the cytoskeleton, and the macronucleus, and that phagosome trafficking and division of the macronucleus are affected in a MYO1 knockout. To investigate the roles for MyTH4 and FERM in the function of Myo1, GFP-tagged MyTH4, FERM, and truncated FERM were separately overexpressed in Tetrahymena. Actin antibody coprecipitated tubulin, GFP-MyTH4, and GFP-FERM. GFP-MyTH4 and GFP-FERM cosedimented with either exogenous microtubules or exogenous …

In Favor Of Teleosemantics: A Millikanian Treatment Of The Intentional Content Of Mental Representation, Pierre Faye

Dissertations, Theses, and Capstone Projects

Theoretical attempts to naturalize mental contents, that is, to explain how wholly physical organisms manage to represent the external world to themselves, are mostly conducted in accordance with causal-informational and/or functionalist approaches based on nomic physical correlations. In 1984, Ruth Millikan and David Papineau simultaneously, though independently, injected new life into the naturalist program by introducing a divergent approach known today as "teleosemantics."

In first approximation, teleosemantics purports to naturalize mental content by substituting for the former concept of nomic correlations found in causal and/or functionalist models, the biological concept of etiological functions resulting from natural selection. Since its introduction, …

Smoking, Drinking, And Binge Drinking: An Empirical Study Of The Role Of Price On Consumption By High School Seniors, Jorge L. Medina

Dissertations, Theses, and Capstone Projects

In this study, I estimate time-series demand functions using Ordinary Least Squares in order to examine the effects of real cigarette and alcohol prices on their respective consumption. My targeted population is high school seniors in the United States. The data I use come from Monitoring the Future, The Tax Burden on Tobacco, and the Bureau of Labor Statistics. Using the Ordinary Least Squares real price coefficients, I evaluate how much of the observed change in consumption is explained by the observed change in real price during a particular period of time between 1976 and 2008. Then, I repeat the …

Franz Joseph Rosinack (1748-1823): A Bohemian Oboist And Music Arranger At The Fürstenberg Hofkapelle, Jan Oliver Homann

Dissertations, Theses, and Capstone Projects

The oboist Franz Joseph Rosinack worked at the Fürstenberg princely court in Donaueschingen from 1777 to 1823. He had a range of duties, including performing with the Hof-orchester, Harmonie, and other ensembles, as well as supplying music for court occasions. Chapter I presents a survey of the court's musical activities and principal musicians under Princes Joseph Wenzel (r. 1762-83), Joseph Maria Benedict (r. 1783-96), Karl Joachim (1796-1804), and Karl Egon II (r. 1817-54). Fürstenberg ties to the major cultural centers of eighteenth-century Europe supplied repertoire allowing the court orchestra to perform some of the best contemporary operas often within …

The Effects Of Bilingual Instruction On The English Emergent Literacy Skills Of Spanish-Speaking Preschool Children, Zoila Tazi

Dissertations, Theses, and Capstone Projects

Numerous studies have shown that early childhood education (ECE) contributes to educational attainment particularly for poor children. Nationally, ECE has gained considerable backing as a viable intervention to propel achievement. As ECE comes to the fore, census figures indicate that Latinos are the fastest growing minority in the United States. Latinos have persistently experienced greater rates of poverty and other risk factors that adversely affect educational attainment.

Multiple risk factors as well as a "cultural mismatch" with a school system poised to educate white, middle-class, English-speaking students, raise alarm for the educational trajectories of Latino children just entering schools. Racism …

Phosphorus Transport In The Bronx River: Qualitative And Quantitative Analysis, Jingyu Wang

Dissertations, Theses, and Capstone Projects

Phosphorus (P) is the primary limiting nutrient for algal growth in freshwater systems. Excessive P from external inputs and release from sediments could accelerate primary productivity leading to eutrophication in the water column, and consequently degrading water quality. The objectives of this study were to predict P bioavailability and estimate spatial and temporal variations in P transport in the Bronx River, New York, USA. The Bronx River originates from the Westchester Davis Brook and Kensico Dam, flowing south through Westchester County (WC) and Bronx to the estuary area where it joins the East River. The total length is about 20 …

A R&D Based Real Business Cycle Model, Ka Wai Terence Fung

Dissertations, Theses, and Capstone Projects

The New Keynesian Real Business Cycle model with staggered price adjustment is augmented with a R&D producing sector. Two sources of economic shocks are separately considered, namely random participation (perturbances to value of alternative investment opportunities in another sector) and financial intermediation (shocks to the cost of raising capital in the financial intermediation market). We find that, when comparing to the baseline model, both random participation and financial intermediation models can explain pro-cyclical R&D spending. Additionally the investment oversensitivity problem is corrected. However, only the financial intermediation model is consistent with the observed finding that the volatility of R&D is …