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December 1, 2011, James Madison University

The Breeze, 2010-2019

The Breeze is the student newspaper of James Madison University in Harrisonburg, Virginia.

Multiple Attractors For A Competitive System Of Rational Difference Equations In The Plane, S. Kalabušić, M. R.S. Kulenovič, E. Pilav

Mathematics Faculty Publications

We investigate global dynamics of the following systems of difference equations x n + 1 = 1 x n / (B 1 x n + y n), y n + 1 = ( 2 + 2 y n) / (A 2 + x n), n = 0, 1, 2, , where the parameters 1, B 1, 2, 2, 2, A 2 are positive numbers, and initial conditions x 0 and y 0 are arbitrary nonnegative numbers such that x 0 + y 0 0. We show that this system has up to three equilibrium points with various dynamics which depends …

Hacking, Theft, And Corporate Negligence: Making The Case For Mandatory Encryption Of Personal Information, Stephen J. Rancourt

Texas Wesleyan Law Review

Information is being created at an astonishing rate, and the electronic storage of personal data is at the forefront of this growth. Social security numbers, home and email addresses, and financial records are almost universally stored electronically, whether on internal servers, hard drives, or portable devices, such as flash drives and diskettes. The ubiquity of this information has undoubtedly benefitted commerce, but it has not come without drawbacks. As recent evidence suggests, personal information is increasingly vulnerable to hacking and other forms of theft, putting the consumer at serious risk of identity theft and misuse of their personal information. The …

A Deep Insight Into The Sialotranscriptome Of The Gulf Coast Tick, Amblyomma Maculatum, Shahid Karim, Parul Singh, José M.C. Ribeiro

Faculty Publications

Background

Saliva of blood sucking arthropods contains compounds that antagonize their hosts' hemostasis, which include platelet aggregation, vasoconstriction and blood clotting; saliva of these organisms also has anti-inflammatory and immunomodullatory properties. Perhaps because hosts mount an active immune response against these compounds, the diversity of these compounds is large even among related blood sucking species. Because of these properties, saliva helps blood feeding as well as help the establishment of pathogens that can be transmitted during blood feeding.

Methodology/Principal Findings

We have obtained 1,626,969 reads by pyrosequencing a salivary gland cDNA library from adult females Amblyomma maculatum ticks at different …

Nebraskamath Years 2-3 Report

NebraskaMATH Materials

This Report to Nebraska after Year 3 highlights the progress of the NebraskaMATH grant’s three main initiatives, Primarily Math, Nebraska Algebra and New Teacher Network, as well as the Nebraska Math & Science Summer Institutes (NMSSI), NebraskaNOYCE and the online Nebraska Math & Science Network.

Acer Enews 12 December 2011, Acer

ACER eNews Archive 2001-2013

No abstract provided.

The Alien Terrorist Removal Court And Other National Security Measures You May Have Never Heard Of: The Need For Comprehensive National Security Reform, Emily C. Kendall

Texas Wesleyan Law Review

In light of the decade that has passed since 2001, cooler heads have prevailed. Advancements in technology and information-seeking have paved the way to prune unnecessary laws that are archaic, redundant, in many instances contradictory, and which merely frustrate the real policy behind these laws: safeguarding the U.S. and its citizens. To assist in this pruning, this Article presents a comprehensive plan for national security reform, specifically involving immigration, with an emphasis on the agency tasked with its implementation-the Department of Homeland Security. In light of this goal, Section II provides a brief background into the U.S.'s current approach to …

Severance V. Your Texas Public Beach, Ellis Pickett

Texas Wesleyan Law Review

Coastlines, like riverbanks, are dynamic. They continually move, usually imperceptibly, but in storm events they can move a great distance. This movement affects both private and public property rights. The State owns "submerged lands," wherever they happen to be at the time.' In legal documents in Texas, terms such as "along the river" and "with the meanders of the river" describe property boundaries. The difference between Gulf of Mexico and riverfront property is gulf beaches are open to the public, whereas the sand along rivers is private property. There is no Open Beaches Act for rivers. Owners of beachfront property …

Open For Business: The Ada Beyond An Employer’S Front Door, Scott C. Thompson

Texas Wesleyan Law Review

Although heralded as an emancipation proclamation for people with disabilities, the Americans with Disabilities Act ("ADA") has done little over the course of its twenty-year history to increase the number or quality of employment opportunities available to individuals with a disability. Title I of the ADA requires employers to make reasonable accommodations for qualified employees with a disability so long as the accommodations do not impose an undue hardship on the employer. In applying Title [ of the ADA, courts consistently drew a bright line at the employer's threshold and refused to compel employers to make any accommodations unrelated to …

Honest Services Update: Directors’ Liability Concerns After Skilling And Black, Lori A. Mcmillan

Texas Wesleyan Law Review

This Article will set out the current law in the honest services area after a quick historical review for context. Then, civil standards and penalties for breach of a corporate officer or director's fiduciary obligations will be outlined to give a more complete picture of what hazards officers and directors face when discharging their duties in a manner less than sufficient.

A True Threat To First Amendment Rights: United States V. Turner And The True Threats Doctrine, Casey Brown

Texas Wesleyan Law Review

The Supreme Court has carved out several exceptions to what qualifies as protected speech under the First Amendment, including true threats and incitement. The majority rule in the circuit courts is that speech qualifies as a true threat if the speech would be interpreted by an objectively reasonable person as an intent to commit serious harm or injury. Most courts apply a true threats analysis to cases involving a charge under 18 U.S.C. § 115(a)(1)(B). Furthermore, most courts do not require that the speaker actually intend to carry out the threat in order to be convicted. Although courts have generally …

Back Where You Belong: Individuals, Corporations, And The Third Circuit’S Redefinition Of Personal Privacy Under Foia, Emily A. Schneider

Texas Wesleyan Law Review

The Freedom of Information Act ("FOIA" or "the Act") serves an important purpose in informing the citizenry of its government's actions. Congress created it as a disclosure statute, the Supreme Court has decided FOJA in favor of disclosure, and the D. C. Circuit has kept that goal of disclosure by refusing to broaden its exemptions. Despite this history of consistent treatment, the Third Circuit attempted to change the game with its holding in AT&T v. FCC. The Third Circuit held that corporations may have personal privacy under FOIA Exemption 7(C). This paper will argue that this holding contradicted three FOIA …

Taking Hope To China : An Example Of Late-Qing Translation = 將Hope引介到中國 : 晚清翻譯一例, Denise Gimpel

Journal of Modern Literature in Chinese 現代中文文學學報

No abstract provided.

In Defense Of Community: Athenian Legal Rhetoric And Its Modern Legacy In American Foreign Policy, Bradley Aron Cooper

Texas Wesleyan Law Review

This Article will examine how the rhetoric of the legal speechwriters reflected idealized views on participatory democracy and the rule of law. Next, this Article will attempt to show that these same views also supported a strong Athenian tradition of opposing tyranny, and that this, in turn, led to the inclusion of anti-tyrannical rhetoric in some of the legal speeches. Finally, this Article will address the lasting legacy of this anti-tyrannical rhetoric by giving evidence of its modern usage in the rhetoric of American foreign policy and by proposing reasons for its enduring presence.

Legislating By Proxy: Did President Obama Amend The Texas Labor Code When He Signed The Lilly Ledbetter Fair Pay Act?, Charles Hill

Texas Wesleyan Law Review

Does the Texas Labor Code permit Congress to amend Texas law by proxy? Specifically, does the Texas Commission on Human Rights Act automatically incorporate Title VII amendments? This is the question posed to Texas courts and federal courts interpreting the limitations period for filing employment discrimination claims with the Texas Workforce Commission. Despite almost two decades of court precedent interpreting Texas's equal employment opportunity law, the answer is anything but clear. With the passage of the Lilly Ledbetter Fair Pay Act, Texas courts must decide whether the law automatically incorporates the federal act or not. Given Title VII's deference to …

College Senate Minutes December 1, 2011, Bronx Community College Senate

BCC Governance Archives

Minutes for the meeting of the College Senate on December 1, 2011.

From Juvenile Court To The Adult Criminal Justice System: An Examination Of Judicial Waiver, Sheri Lu Jenkins Cruz

Dissertations

This project was concerned with how extra legal factors impact juvenile court judge‟s decisions to waive juveniles to the adult criminal court. This study had both a general and a specific purpose. Generally, it sought to identify and examine the perceptions of juvenile court judges regarding judicial waiver based on previous positions held and on the state in which the juvenile judge resides. Specifically, this study sought to examine the relationship between individual characteristics of juvenile court judges and their perceptions regarding judicial waiver. Based on the research questions, ten hypotheses were developed and tested. The population for this study …

Effects Of Calcium Addition On Structure And Bioavailability Of Soil Organic Matter, Ankit Balaria

Civil and Environmental Engineering - Dissertations

The northeastern USA has a long history of acid rain, which has impacted soil fertility and raised concerns about the sustainability of the forests in the region. To facilitate recovery of these forests, calcium addition, in the form of wollastonite, was evaluated as a remedial tool at Hubbard Brook Experimental Forests in New Hampshire, USA. In order to study the effects of these amendments on soil organic matter and soil microbes, I characterized the structural chemistry of soil organic matter (SOM) and its hot-water extractable organic matter (HWEOM) fraction for Hubbard Brook soils and studied the changes in the structure …

Opportunities And Challenges For The Asset Management Industry, Knowledge@Smu

Knowledge@SMU

Singapore, with its open economy and stable business environment, is host to some of the world's largest asset management companies. It has been observed, however, that local asset management firms are lagging far behind; somehow unable to capitalise on the same opportunities available to the global giants. Speaking at a conference organised by SMU's Centre for Asset Securitisation and Management in Asia, a panel of industry experts shared their views on what it would take to get both local and Asia-based firms into the big league.

The First Prejudice: Religious Tolerance And Intolerance In Early America, Adrian Chastain Weimer

History & Classics Faculty Publications

Reviews The First Prejudice: Religious Tolerance and Intolerance in Early America, edited by Chris Beneke and Christopher S. Grenda.

Powersearch: Augmenting Mobile Phone Search Through Personalization, Xiangyu Liu

Computer Science and Computer Engineering Undergraduate Honors Theses

Cell phone has become a fundamental element of people's life. People use it to call each other, browse websites, send text messages, etc. Among all the functionalities, the most important and frequently used is the search functionality. Based on ComScore, in July 2008, Google was estimated to host 235 millions searches per day. However, unlike the search on desktop, the search on cell phone has one critical constrain: battery. Cell phone performing a normal Google search, the battery drains very fast. The reason is that when sending a query to and fetching the results from Google, cell phone keeps communicating …

A Dis-Ability Perspective On The Stigmatization Of Dissent: Critical Pedagogy, Critical Criminology, And Critical Animal Studies, Anthony John Nocella

Social Science - Dissertations

This intersectional and interdisciplinary social science qualitative dissertation in six chapters is grounded in critical research and theory for the purpose of engaged public service. This project is grounded in three formal disciplines: education, criminology, and peace and conflict studies. Within those three disciplines, this project interweaves newly emerging fields of study together, including critical animal studies, eco-ability, disability studies, environmental justice, transformative justice, green criminology, anarchist studies, and critical criminology, This dissertation adopts three qualitative methodologies; autoethnography, case study, and critical pedagogy. My project uses the animal advocacy movement as its case study. Using a critical pedagogy methodology, I …

Year-End Individual Taxation Report, Annette M. Nellen, E. Cook, K. Fava, E. Gershman, J. Hagy, J. Horn, D. Moore, D. Newman, T. Newman, K. Rubin

Faculty Publications

Several actions by Congress and the IRS aimed to reduce improper claims of the earned income tax credit by increasing preparer penalties and due diligence procedures. * Litigation over restricted stock-based compensation focused on the proper date of the stock's market valuation and the effect of company and SEC restrictions on disposition of the stock. * The Tax Court applied the IRS's recent practice of allowing professional gamblers to deduct ordinary and reasonable nonwagering business expenses over their gambling winnings, overturning a 1951 case holding. * The Tax Court also held that limited partners of a limited partnership who perform …

Huebner's Critical Encounter With The Philosophy Of Heidegger In Being And Time: Learning, Understanding, And The Authentic Unfolding Of History In The Curriculum, James Magrini

Philosophy Scholarship

This paper responds to the following question: "What are the issues concerned with potential educational reform that arise from Huebner's critical encounter with Heidegger and the tradition in education and curriculum theory?" In attempting a rejoinder, I revisit Huebner's groundbreaking essay, "Curriculum as Concern for Man's Temporality," which introduces the phenomenological method in education and curriculum studies, with the goal of examining in detail the underlying themes, issues, and concepts, which ground Huebner's reconceptualization of curriculum reform, as they emerge from Heidegger's philosophy. I show that Huebner's understanding of Being-in-the-world in terms of the design of the educational environment, not …

Population Forecasts For The Tri-City Servicedistrict, Clackamas County Service District #1, Clackamas County Service District #1 With All Damascus, And The City Of Milwaukie 2010-2040, Portland State University. Population Research Center, Risa S. Proehl, Kanhaiya Vaidya, Bimal Rajbhandary, Kevin Rancik

Oregon Population Estimates and Reports

The Tri-City Service District (TCSD) and Clackamas County Service District #1 (CCSD #1), both of Clackamas County, requested that the Population Research Center (PRC) at Portland State University produce long-term population forecasts for each of the two sewer service districts. In addition, CCSD#1 requested that forecasts also be developed to include the entire city of Damascus to account for possible future annexation into its district; and the city of Milwaukie, as CCSD#1 leases services to Milwaukie. The forecast horizon extends 30 years from 2010 to 2040, and projections are produced in 5-year intervals. For the 2010-2015 interval, forecast numbers for …

Résonances Politiques Du Cahier D’Un Retour Au Pays Natal, Entre Hier, Aujourd’Hui Et Demain, Jérôme Roger

Présence Francophone: Revue internationale de langue et de littérature

The article shows that the Return to my Native Land by Aimé Césaire, facing the French literary standards, is a poem by the strangeness that rout and bother to any form of falsification of history, in any situation of ideological mystification, as well as any attempt at annexation heritage. Misunderstanding of reception in France among the most famous poets in the 1950s are a particularly significant example and invite you to reread the poem of Césaire as the tragedy of a timeless voice, open to our common future.

Aimé Césaire, Jacques Roumain Et L’Équivoque Du « Retour », Fritz Calixte

Présence Francophone: Revue internationale de langue et de littérature

This article adresses the issue of return in Aimé Césaire and Jacques Roumain’s works. These writers, like many other Caribbean writers, have the particularity to update the old dream of return to homeland of the slaves transplanted to the New World. They reproduce by fiction the uncomfortable legacy of colonial societies. But the authors depicting this theme, usually do so in the form of an obsessive search for an ideal life to realize somewhere else than here. Jacques Roumain is in this tradition with a few additions. Aimé Césaire for his part, proposes in his notebook of a return to …

Abstracts

Présence Francophone: Revue internationale de langue et de littérature

No abstract provided.

Parades Banlieusardes. El Hadj De Mamadou Mahmoud N’Dongo Et Les Identités Criminelles, Hervé Tchumkam

Présence Francophone: Revue internationale de langue et de littérature

This article aims at understanding the relation between crime and identity formations in the French banlieues, especially in the wake of the 2005 urban riots. The essay performs a reading Mamadou N’Dongo’s novel El Hadj at the intersection of aesthetics and politics in order to scrutinize identity formations and related debates at stake in the prisons of poverty and oppression that constitute the banlieues whose inhabitants are the third or fourth generation of the heirs to African immigration in France. Ultimately, the paper contention is that what I call “banlieue parade” stands out as the new model of identity that …

Caring, Interaction, And Active Teaching Strategies: Factors That Contribute To The Success Of The Associate Degree Nursing Student, Penelope Sue Logsdon

Dissertations

This exploratory study examined successful associate degree nursing students’ perceptions regarding the importance of caring by the nursing faculty, nursing faculty/student interaction, and faculty use of active teaching strategies. Participants completed a researcher developed survey instrument that measured both the importance and frequency of the caring, interaction, and active teaching strategies. The survey instrument measured six demographic factors and 30 statements regarding caring, interaction, and active teaching. Participants rated the statements for both importance and frequency on a four-point Likert scale. Five community and technical college associate degree nursing programs participated in the research with a total of 270 successful …