Digital Commons Network^™

The Water Transfers Rule: How An Epa Rule Threatens To Undermine The Clean Water Act, Chris Reagen

University of Colorado Law Review

Water transfer is a term that describes the movement of water from an area where water is available to another area where water is scarce. This process has enabled otherwise uninhabitable lands in the western United States to support large cities and agricultural districts. In Friends of the Everglades v. South Florida Water Management District, the Eleventh Circuit upheld a rule that removed federal water quality restrictions on water transfers. This rule codified the Environmental Protection Agency (EPA) position that the National Pollution Discharge Elimination System (NPDES) requirement of the Clean Water Act (CWA) does not apply to water transfers …

Not Of Woman Born: A Scientific Fantasy, Jennifer S. Hendricks

Publications

This Article explores the legal implications of a scientific fantasy: building artificial wombs that could gestate a human child from conception to birth. Because claims about the technological possibility of artificial wombs in the foreseeable future are likely overstated, the focus of the Article is the effect that the fantasy of artificial gestation has on the legal discourse about pregnancy and reproduction today.

The Article first places the fantasy of artificial gestation in the context of theories about reproduction that western science has propounded. The history of scientific theorizing about reproduction is a history of scientists emphasizing the male contribution …

Under Attack: Terrorism Risk Insurance Regulation, Alexia Brunet Marks

Publications

Scholarly debates over the September 11th attacks focus predominantly on high-profile issues, such as torture, preventive detention, interrogation, privacy, and surveillance. These debates have overshadowed the equally important and far-reaching issue of terrorism risk insurance, which not only involves billions of dollars, but provides powerful incentives to keep us safe. Developing a sound understanding of the market for terrorism risk insurance is essential to guiding the difficult determination of the appropriate balance between private and public responsibility for preventing and (when necessary) compensating for terrorism.

The attacks of September 11th represented one of the costliest insurance events in American history. …

Intermediaries And Hate Speech: Fostering Digital Citizenship For Our Information Age, Danielle Keats Citron, Helen Norton

Publications

No longer confined to isolated corners of the web, cyber hate now enjoys a major presence on popular social media sites. The Facebook group Kill a Jew Day, for instance, acquired thousands of friends within days of its formation, while YouTube has hosted videos with names like How to Kill a Beaner, Execute the Gays, and Murder Muslim Scum. The mainstreaming of cyber hate has the troubling potential to shape public expectations of online discourse.

Internet intermediaries have the freedom and influence to seize this defining moment in cyber hate's history. We believe that a thoughtful and nuanced intermediary-based approach …

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 …

The Need To Overrule Mapp V. Ohio, William T. Pizzi

Publications

This Article argues that it is time to overrule Mapp v. Ohio. It contends that the exclusionary rule is outdated because a tough deterrent sanction is difficult to reconcile with a criminal justice system where victims are increasingly seen to have a stake in criminal cases. The rule is also increasingly outdated in its epistemological assumption which insists officers act on "reasons" that they can articulate and which disparages actions based on "hunches" or "feelings." This assumption runs counter to a large body of neuroscience research suggesting that humans often "feel" or "sense" danger, sometimes even at a subconscious …

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 …

Unraveling Privacy: The Personal Prospectus And The Threat Of A Full-Disclosure Future, Scott R. Peppet

Publications

Information technologies are reducing the costs of credible signaling, just as they have reduced the costs of data mining and economic sorting. The burgeoning informational privacy field has ignored this evolution, leaving it unprepared to deal with the consequences of these new signaling mechanisms. In an economy with robust signaling, those with valuable credentials, clean medical records, and impressive credit scores will want to disclose those traits to receive preferential economic treatment. Others may then find that they must also disclose private information to avoid the negative inferences attached to staying silent. This unraveling effect creates new types of privacy …

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 …

Identification And Characterization Of Fkbp52-Specific Inhibitors For The Treatment Of Prostate Cancer, Johanny Tonos De Leon

Open Access Theses & Dissertations

Steroid hormone receptors require the ordered assembly of various chaperone and cochaperone proteins in order to reach a functional state. The final stage in the receptor maturation process requires the formation of a mutimeric complex consisting of Hsp90 dimer, p23, and one of several large immunophilins. Studies conducted previously demonstrated that the large immunophilin FKBP52 acts to potentiate glucocorticoid, androgen, and progesterone receptor signaling pathways. The aim of these studies was to identify and characterize FKBP52-specific inhibitors that would not only serve as tools for the pharmacological analysis of FKBP52-receptor interactions, but may also lead to novel drugs with significant …

Children's Reinforcement-Induced Suggestibility: Its Developmental Trajectory And Relation To Individual Differences, Elizabeth Rose Uhl

Open Access Theses & Dissertations

Research has shown that reinforcement by interviewers can lead children to make false allegations of wrong doing (e.g., Garven, Wood, & Malpass, 2000). The current study examined the developmental trajectory of reinforcement-induced suggestibility and its relation to individual differences among children. Forty-eight kindergarteners, 52 second graders, and 54 fourth graders viewed a science demonstration by a young man introduced as "Paco Perez." One week later they were interviewed about the visit with misleading questions that suggested Paco had engaged in wrongdoing. Half of the children were interviewed using reinforcement; the other half did not receive reinforcement. Two weeks after Paco's …

Predictors Of Recidivism In A Predominantly Hispanic Sample Of First-Time Juvenile Offenders, Yvette Valenzuela

Open Access Theses & Dissertations

Prior studies have identified risk factors that predict recidivism among serious and chronic juvenile offenders. The current study was conducted to identify risk factors in a related but much larger group -- first time juvenile offenders. The aim was to develop a risk assessment tool that could identify (a) high-risk juveniles when they are first referred to the juvenile justice system, so that they can be targeted for intervention, and (b) low-risk juveniles who probably do not need intervention. Participants in the study were 321 first-time juvenile offenders at the El Paso Juvenile Probation Department (EPJPD). Eighty-nine percent of the …

High Temperature Oxidation Behavior Of Nb-20si-20cr Alloys With Hafnium Additions, Alma Rosa Vazquez

Open Access Theses & Dissertations

Advances in aircraft and gas turbine engine technology have steadily increased the operating temperatures, and even the state of the art materials can not meet the requirements for the new challenges. Efforts are under way to study the possibility of substituting nickel-based alloys with niobium-based alloys that offer higher melting points and excellent mechanical properties. Notwithstanding these good properties, the utilization of Nb-based alloys is limited since oxidation resistant is still a serious problem. Therefore understanding the corrosion behavior of Nb-based alloys is a crucial step to enhancing oxidation resistance.

The oxidation behavior of two alloys from the Nb-Si-Cr system …

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. …

Adaptation Of Low Impact Design To The Desert Southwest, Abubaker Ali Alamailes

Open Access Theses & Dissertations

A low Impact Development (LID) practices were used to design an Integrated Management Practices (IMP) system for a residential lot .The design was adapted to the Desert Southwest region based on twenty years of climate data including precipitation and temperature for three representative cities: El Paso, TX, Albuquerque, NM, and Phoenix, AZ. In order to capture stormwater runoff close to its source and to provide as much stored water as possible for plants, LID practices including bioretention cells and vegetated swales were applied throughout the lawn. The purpose of the design is to maintain the pre-development hydrologic characteristics of the …

Assessing Measurement Invariance In The Presence Of Testlets, Luis Andres Alvarado

Open Access Theses & Dissertations

Dealing with measurement invariance has been an issue of concern in confirmatory factor analysis for many years. It is important to establish measurement invariance across groups so that instruments may be validly used in multiple groups for comparison of the mean or summative scores. Throughout the years, many studies have considered testing for measurement invariance in factor models. However, there have been no studies that assess measurement invariance when so-called testlets should be modeled in the factor analytic model. Testlets add nuisance covariation to the model which can interfere when trying to detect measurement invariance. In the past, models have …

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 …

Combustion Of Lunar Regolith Mixed With Energetic Additives: Thermodynamic Calculations And Experimental Studies, Francisco Alvarez

Open Access Theses & Dissertations

The future of space exploration will require longer missions in order to better understand the conditions of near-Earth celestial objects, like the Moon or Mars. Future space missions will require the development of goods, such as propulsion fuel and structural materials, produced using the extraterrestrial resources available. The area that develops these technologies is called In-Situ Resource Utilization (ISRU). ISRU allows reducing the payload, and as a consequence reduces the energy consumption and cost of space travel. The production of structural materials on the Moon can be accomplished using Self-Propagating High-Temperature Synthesis (SHS). This work describes the combination of ISRU …

Software Development For A Three-Dimensional Gravity Inversion And Application To Study Of The Border Ranges Fault System, South-Central Alaska, Rolando Cardenas

Open Access Theses & Dissertations

The Border Ranges Fault System (BRFS) bounds the Cook Inlet and Susitna Basins, an important petroleum province within south-central Alaska. A primary goal in the research is to test several plausible models of structure along the Border Ranges Fault System using a novel three-dimensional inversion utilizing gravity and magnetic data, constrained with other geophysical, borehole and surface geological information. This research involves the development of inversion modeling software using a Borland C++ compiler as part of the Rapid Application Development (RAD) Studio. The novel inversion approach directly models known geology, and "a priori" uncertainties on the geologic model to allow …

The East Jhomolari Fault System And The Timing Of East-West Extension In Northwest Bhutan, John Matthew Cannon

Open Access Theses & Dissertations

This investigation documents a little known, regionally significant, high angle, southeast dipping, system of normal faults in northwest Bhutan, the East Jhomolari Fault System (EJFS). The EJFS trends parallel to the Yadong Gulu rift (YG) and can be traced from Mt. Jhomolari to the northern border with Tibet. This fault zone has been demonstrably active since the last glacial maximum and there is geomorphic evidence of Holocene activity on some fault segments. The structurally lowest EJFS fault, the Lingshi fault appears on some published maps, but the full geographic extent, displacement, onset of faulting, and most recent activity have not …

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 …

Experimental And Numerical Investigation Of The Effect Of Fuel Composition On Flame Stability On A Gas Turbine Combustor, Gilberto Corona

Open Access Theses & Dissertations

Gas turbines are used for power generation and aviation all over the world. Fossil fuels remain the main source of energy for the operation of gas turbines but the recent increase in environmental awareness has influenced government agencies to impose stringent limits on pollutant emissions from power generation plants. Pollutant emissions control is one of the major challenges for gas turbine designers. In this study, experimental methods and computational fluid dynamics (CFD) technologies are used to study the problems that arise when coal derived fuels are used in Gas Turbine Combustors.

Gas turbine designers need both experimental data and combustion …

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 …

Improvement Of Complex Decision Making Using System Dynamics And Zachman Framework Techniques, Bharath Bhushan Dantu

Open Access Theses & Dissertations

Modeling representations of complex systems useful for the examination of changes that occur in any part or whole of these systems must allow for the performance of a requisite variety of essential analyses, in order to cover decision contingencies that have the potential to sway outcomes to extreme values. The purpose of sophisticated modeling techniques is to make the model as realistic a reflection of the real world as possible, considering all constraints of available data, analyst time availability, and computational resources needed to evaluate the model. The fundamental purpose of decision making methods is to create a quantitative representation …

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 …

Separation Of Humic Matter From Groundwater Via Anion Exchange Resin: Comparison Of Bead And Powder Form, Sandra June Everett

Open Access Theses & Dissertations

This work describes a comparison of a bead and powder form of anion exchange resin for removing humic matter from groundwater. The materials and procedures described herein involve a manufactured dry humic matter and two forms of the same anion exchange resin. Spectroscopy was the chosen procedure for analysis of organics.

Preliminary experiments were required to gain a better understanding of the materials and to prepare the best conditions for actual experimental research. Five concentrations of humic acid were used for experimental purposes at 0.5, 1, 5, 10 and 20 mg/L. Three concentrations of resin were used: 500, 750 and …

A Proposed Epithermal Model For The High Grade District, California, Michael Nicholas Feinstein

Open Access Theses & Dissertations

A historic gold mining district in northeastern California has not been incorporated into the global knowledge base for precious metal vein deposits. This study collected various data types which are important characteristics in the classification and understanding of vein deposits. The High Grade District (HGD) is a gold mining site located in the northeast corner of Modoc County, California, in the Warner Mountains. The Warner Mountains are composed of Tertiary eruptive centers, cropping out between valleys formed through extensional tectonics. Mineralization of the HGD displays abundant silicification, adularia, and gold; these characteristics are sufficient to classify mineralization as low-sulfidation epithermal …

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 …