Digital Commons Network^™

Attaining A Sustainable Future For Public Higher Education: The Role Of Institutional Effectiveness And Resource Dependence, Mirela Blekic

Dissertations and Theses

The world of today's higher education organizations is characterized by complexities brought about as a result of rapid change, economic and political turbulence, and increasing global interdependence. The complexity of the environment in which colleges and universities operate is also due in part to a need to serve multiple internal and external constituencies. In order to be more responsive to the demands of its numerous constituencies and at the same time preserve their intrinsic values, colleges and universities need to know how effective they are in what they do. This research asked: To what degree does institutional effectiveness allow public …

The Challenges And Opportunities Of Immigrant Integration: A Study Of Turkish Immigrants In Germany, Matthew Franklin Clark

Dissertations and Theses

In an ever-globalizing world, societies comprised of myriad people and cultures are quickly becoming the norm rather than the exception. In societies made up of culturally diverse, religiously pluralistic and disparate people, an added layer of complexity becomes apparent when attempting to integrate multiple cultures into a single society. Germany, in its reconstruction effort following World War II, faced such an integration challenge when a massive influx of Turkish migrants arrived as part of a "foreign worker" agreement. The introduction of a large and culturally diverse immigrant population made cultural understanding of paramount importance. Culture is an intangible element that …

The Fourth Amendment And Cyberspace: Conflict Or Cohesion?, Federico Alberto Cantón

Dissertations and Theses

The purpose of the study was to determine how the Fourth Amendment is treated in the age of the internet. To determine the degree of the significance of this relationship a comparative approach is used. Court opinions from cases involving other technological innovations and the Fourth Amendment were examined and their reasoning was compared to that of cases involving the internet and the Fourth Amendment. The results indicated that contrary to some fears that the internet would require a different approach with respect to the law it actually did not present many novel barriers to its application. The principle conclusion …

Prestructuring Multilayer Perceptrons Based On Information-Theoretic Modeling Of A Partido-Alto-Based Grammar For Afro-Brazilian Music: Enhanced Generalization And Principles Of Parsimony, Including An Investigation Of Statistical Paradigms, Mehmet Vurkaç

Dissertations and Theses

The present study shows that prestructuring based on domain knowledge leads to statistically significant generalization-performance improvement in artificial neural networks (NNs) of the multilayer perceptron (MLP) type, specifically in the case of a noisy real-world problem with numerous interacting variables.

The prestructuring of MLPs based on knowledge of the structure of a problem domain has previously been shown to improve generalization performance. However, the problem domains for those demonstrations suffered from significant shortcomings: 1) They were purely logical problems, and 2) they contained small numbers of variables in comparison to most data-mining applications today. Two implications of the former were …

Who Gender-Bends And Why? A Qualitative Study Of World Of Warcraft, Clairellyn Rose Gregory

Dissertations and Theses

According to a 2009 study, 68% of American households played video games (Entertainment Software Association). With this number continually on the rise, video games and their cultures are in need of further scholarly exploration. A video game of particular interest is a massive online game known as World of Warcraft, drawing over twelve million players worldwide (Blizzard Entertainment, 2010). With a cyberspace-based culture, World of Warcraft exposes its players to phenomenon that are unique to it, and thereby not easily understood through the same measures and evaluations offered by society at large. One such phenomena is that of gender, or …

Using Archaeological Fish Remains To Determine The Native Status Of Anadromous Salmonids In The Upper Klamath Basin (Oregon, Usa) Through Mtdna And Geochemical Analysis, Alexander E. Stevenson

Dissertations and Theses

Within the Upper Klamath Basin, Oregon, the native status of anadromous salmonids (Oncorhynchus spp.) has been a long standing question. Ongoing efforts to establish if these fish were native to the region prior to the construction of the Copco I Dam on the Klamath River (c.1917) have relied on sparse, contradictory and sometimes unreliable historic documentation and informant testimony. Current restoration projects with very high financial and social costs necessitate accurate and reliable data on salmonid species which once called the region home. Often, archaeolofaunal remains present a novel way to determine species present in an area prior to …

Keynote Address, Carter Phillips

University of Miami Law Review

No abstract provided.

Empowering The Collaborative Citizen In The Administrative State: A Case Study Of The Federal Communications Commission, Peter M. Shane

University of Miami Law Review

No abstract provided.

Hard Look Review, Policy Change, And Fox Television, Ronald M. Levin

University of Miami Law Review

No abstract provided.

Breaking The Silence: A Challenge To Executive Use Of The State Secrets Privilege To Dismiss Claims Of Cia Torture In Mohamed V. Jeppesen Dataplan, Inc., Erin E. Bohannon

University of Miami Law Review

No abstract provided.

Jones V. Harris Associates L.P.: The Search For Investor Protection Continues ..., Ryan Bollman, Mark Andreu

University of Miami Law Review

No abstract provided.

Beyond Friending: Buddypress And The Social, Networked, Open-Source Classroom, Matthew K. Gold

Publications and Research

Classrooms have always been networks, of a sort, with professors and students forming an interlaced series of nodes that take shape over the course of a semester, but tools like BuddyPress and WordPress can make those networks more open, more porous, and more varied. In very useful ways, the classroom-as-social-network can help create engaging spaces for learning in which students are more connected to one another, to their professors, and to the wider world.

Securitizing Gender: Identity, Biometrics, And Transgender Bodies At The Airport, Paisley Currah, Tara Mulqueen

Publications and Research

It is widely assumed that the more information surveillance apparatuses can collect about an individual, the less risk she poses. In this article, we examine how gender figures into and potentially disrupts the link between identity and security. Our analysis centers on one very particular event: the confusion that erupts at the airport when US Transportation Security Administration agents perceive a conflict between the gender marked on one's papers, the image of one's body produced by a machine, and/or an individual's perceived gender presentation. Gender has been so deeply naturalized—as immutable, as easily apprehended, and as existing before and outside …

The C.R.E.A.T.E. Approach To Primary Literature Shifts Undergraduates’ Self-Assessed Ability To Read And Analyze Journal Articles, Attitudes About Science, And Epistemological Beliefs, Sally G. Hoskins, David Lopatto, Leslie M. Stevens

Publications and Research

The C.R.E.A.T.E. (Consider,Read, Elucidate hypotheses, Analyze and interpret data, Think of the next Experiment)method uses intensive analysis of primary literature in the undergraduate classroom to demystify and humanize science. We have reported previously that the method improves students’ critical thinking and content integration abilities, while at the same time enhancing their self-reported understanding of “who does science, and why.” We report here the results of an assessment that addressed C.R.E.A.T.E. students’ attitudes about the nature of science, beliefs about learning, and confidence in their ability to read, analyze, and explain research articles. Using a Likert-style survey administered pre- and postcourse, …

Designing Surveillance Law, Patricia L. Bellia

Journal Articles

As communications surveillance techniques become increasingly important in government efforts to detect and thwart criminal and terrorist activities, questions of how to reconcile privacy and law enforcement interests take on paramount importance. These questions have institutional as well as substantive dimensions. That is, the issue is not simply what the limits on communications surveillance should be, but who should set them — courts through application of the Fourth Amendment or legislatures through statutes and the oversight process? The scholarly literature offers divergent positive and normative perspectives on these questions.
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Putting Cost-Benefit Analysis In Its Place: Rethinking Regulatory Review, Susan Rose-Ackerman

University of Miami Law Review

No abstract provided.

Can The Obama Administration Renew American Regulatory Policy?, Edward Rubin

University of Miami Law Review

No abstract provided.

Transparency, Accountability, And Competency: An Essay On The Obama Administration, Google Government, And The Difficulties Of Securing Effective Governance, Ronald J. Krotoszynski Jr.

University of Miami Law Review

No abstract provided.

The Private Performing The Public: Delimiting Delegations To Private Parties, Harold J. Krent

University of Miami Law Review

No abstract provided.

Restoring Lost Connections: Land Use, Policing, And Urban Vitality, Nicole Stelle Garnett

Journal Articles

Justice William Brennan rightfully reminded all of us that state constitutional law is too often neglected in our courtrooms and our classrooms. State constitutions, to borrow from the late Chief Justice William Rehnquist, ought not to be "relegated to the status of a poor relation" in our constitutional legal structure. They differ in important ways from the federal law Constitution-and those differences provide the space within which our democratic experiment flourishes. And I am sure if Justice Brennan were here with us today, he would agree that we also should not neglect the study of the state and local policies …

Belonging And Trust: Divorce And Social Capital, Margaret F. Brinig

Journal Articles

To whom do spouses belong? Do they belong to their communities as well as each other and their immediate families? These questions are explored in an empirical paper demonstrating ways in which social capital in communities may affect even the marriages of people living in them.

Equality And Differences, John M. Finnis

Journal Articles

This revised and annotated version of the H.L.A. Hart Memorial lecture in the University of Oxford in June 2011 has some significant differences in coverage from the essay of the same title published in the American Journal of Jurisprudence 56 (2011) 17-44, including a brief discussion of Waldron’s treatment of basic equality and Cohen’s “luck-egalitarianism”. The object of the lecture is to establish the grounds of basic human equality, and to indicate how neglect of non-basic inequalities and of preconditions for sustainable common good tends to ensure that legal measures promoting equality rights and condemning ‘discrimination’ yield serious injustices (violations …

Foreward: Erie's Gift, Jay Tidmarsh

Journal Articles

Sometimes described as "one of the modem cornerstones of our federalism," Erie stands at its narrowest for a simple proposition: When a federal court decides a claim whose source is state law, the court must apply the same substantive common-law rules that a state court would apply to the claim. Dictated by statute, by policy, and by the Constitution, this result seems "superbly right" to many. Indeed, Erie's narrow holding is not controversial today.

Optimal Class Size, Opt-Out Rights, And "Indivisible" Remedies, Jay Tidmarsh, David Betson

Journal Articles

Prepared for a Symposium on the ALI’s Aggregate Litigation Project, this paper examines the ALI’s proposal to permit opt-out rights when remedies and “divisible,” but not to permit them when remedies are “indivisible.” Starting from the ground up, the paper employs economic analysis to determine what the optimal size of a class action should be. We demonstrate that, in some circumstances, the optimal size of a class is a class composed of all victims, while in other cases, the optimal size is smaller. We further argue that courts should consider optimal class size in determining whether to certify a class, …

Localism And Capital Punishment, Stephen F. Smith

Journal Articles

Professor Adam Gershowitz presents an interesting proposal to transfer from localities to states the power to enforce the death penalty. In his view, state-level enforcement would result in a more rationally applied death penalty because states would be much more likely to make capital charging decisions based on desert, without the distorting influence of the severe resource constraints applicable to all but the wealthiest of localities. As well conceived as Professor Gershowitz’s proposal is, however, I remain skeptical that statewide enforcement of the death penalty would be preferable to continued local enforcement. First, Professor Gershowitz underestimates the benefits of localism …

Development Of Risk Uncertainty Factors From Historical Nasa Projects, Tahani R. Amer

EMSE Doctoral Projects

NASA is a good investment of federal funds and strives to provide the best value to the nation. NASA has consistently budgeted to unrealistic cost estimates, which are evident in the cost growth in many of its programs. In this investigation, NASA has been using available uncertainty factors from the Aerospace Corporation, Air Force, and Booz Allen Hamilton to develop projects' risk posture. NASA has no insight into the developmental of these factors and, as demonstrated here, this can lead to unrealistic risks in many NASA Programs and projects (P/p). The primary contribution of this project is the development of …

Genetic Analysis Of Cortical Thickness And Fractional Anisotropy Of Water Diffusion In The Brain, Peter Kochunov, David C. Glahn, Thomas E. Nichols, Anderson M. Winkler, Elliot L. Hong, Joanne E. Curran, Rene L. Olvera, Matthew P. Johnson, Shelley A. Cole, John Blangero

School of Medicine Publications

Objectives: The thickness of the brain’s cortical gray matter (GM) and the fractional anisotropy (FA) of the cerebral white matter (WM) each follow an inverted U-shape trajectory with age. The two measures are positively correlated and may be modulated by common biological mechanisms. We employed four types of genetic analyses to localize individual genes acting pleiotropically upon these phenotypes.

Methods: Whole-brain and regional GM thickness and FA values were measured from high-resolution anatomical and diffusion tensor MR images collected from 712, Mexican American participants (438 females, age = 47.9 ± 13.2 years) recruited from 73 (9.7 ± 9.3 individuals/family) large …

The Impact Of Infectious Disease On Chronic Disease: A Review Of Contemporary Findings, Wendy Berke

Journal of Social, Behavioral, and Health Sciences

Infectious diseases are among the top causes of death in adults and children. Chronic diseases such as cardiovascular disease and cancer are among the top causes of death in adults. Associations between bacterial and viral infectious agents and subsequent development of chronic disease have been made in the past but are currently being reexamined with more rigor and specificity. This review examines infectious disease agent causes and associations with cancer, cardiovascular disease, metabolic disease, and neurodegenerative disease. These associations will impact future research, surveillance, treatment, and prevention of both infectious and chronic diseases.

Generational Shift And Drug Abuse In Older Americans, John B. White, David F. Duncan, Thomas Nicholson, Dana Bradley, John Bonaguro

Journal of Social, Behavioral, and Health Sciences

Since the problem of substance abuse by older adults began to receive serious professional attention, the focus has been almost exclusively on alcohol abuse. This reality is changing as the “baby boomers” age. We examined data from the National Household Survey on Drug Abuse (1985) and the National Survey on Drug Use and Health (2006) comparing nationwide prevalence of both legal and illicit drugs. Use of drugs by category varied over the study period; some showed little change (e.g., alcohol) while others showed marked increase (e.g., marijuana, cocaine). We found that the population of older Americans in 2006 contained greater …

Stimulating School Reform: The American Recovery And Reinvestment Act And The Shifting Federal Role In Education, Benjamin Michael Superfine

Missouri Law Review

The American Recovery and Reinvestment Act (ARRA), aimed at stimulating and stabilizing the American economy during the worst financial crisis since the Great Depression, reflects significant new dimensions of federal action in the area of educational reform. In addition to saving jobs in the educator workforce, the ARRA was designed to spark the implementation of specific reform strategies in states and schools and lay a foundation for the Obama administration's subsequent educational reform efforts, including the impending reauthorization of the No Child Left Behind Act of 2001. While the goals of the educational reform provisions of the ARRA are laudable, …