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2011

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A Comparison Of Renewable Portfolio Standards And Feed-In Tariffs As Legislative Mechanisms To Provide Renewable Power Incentives: Impacts On Power Supply, Transmission, And Grid Intermittency, Steven Ferrey Dec 2011

A Comparison Of Renewable Portfolio Standards And Feed-In Tariffs As Legislative Mechanisms To Provide Renewable Power Incentives: Impacts On Power Supply, Transmission, And Grid Intermittency, Steven Ferrey

Suffolk University Law School Faculty Works

A federalist form of government is used in several important nations, including the United States, Germany, India, Australia, Brazil, Canada, Malaysia, and Switzerland. A federalist form of government divides political sovereignty between a central federal authority and constituent states or provinces. To implement new government policy regulating private power, the challenging transcendent issues are legal and regulatory, rather than technical. Certain measures in various industrialized countries, when implemented at the state rather than federal level, must be designed and implemented carefully to achieve a legal, regulatory fit in a federalist system of government.

For purposes of comparison, this article considers …


Choosing A Better Path: The Misguided Appeal Of Increased Criminal Liability After Deepwater Horizon, Joshua Fershee Dec 2011

Choosing A Better Path: The Misguided Appeal Of Increased Criminal Liability After Deepwater Horizon, Joshua Fershee

William & Mary Environmental Law and Policy Review

No abstract provided.


The Book Of Moses, Linda Etherington, Glen Nelson Dec 2011

The Book Of Moses, Linda Etherington, Glen Nelson

BYU Studies

Since Linda Etherington graduated from BYU in 1991, her paintings have been exhibited in numerous local and international shows in places such as New York, California, Virginia, Utah, Idaho, Washington, and Mississippi. Her work is also in the permanent collection of Brigham Young University Museum of Art and the Springville Museum of Art.

In 2008, at the invitation of the Mormon Artists Group, she began a project of creating thirteen large-scale paintings to illustrate the Book of Moses. The process of painting required two years and reflects Etherington's point of view that this book of scripture is about extended family. …


Confessing History: Explorations In Christian Faith And The Historian's Perspective, Rachel Cope, John Fea, Jay Green, Eric Miller Dec 2011

Confessing History: Explorations In Christian Faith And The Historian's Perspective, Rachel Cope, John Fea, Jay Green, Eric Miller

BYU Studies

George Marsden's 1994 book The Soul of the American University ended rather unusually for an academic work--this well-respected historian suggested that religious faith should have a place in the academy. Such a bold assertion sparked a number of heated discussions within and without the intellectual world. Three years later, Marsden responded again to his critics by producing a volume that explored this topic, which he aptly titled The Outrageous Idea of Christian Scholarship. As a result of this book, additional conversations ensued in which Christian and non-Christian scholars grappled with Marsden's proposition. More recently, the contributors to the edited volume …


Now You See It, Now You Don't: Biblical Perspectives On The Relationship Between Magic And Religion, Shawna Dolansky, David A. Allred Dec 2011

Now You See It, Now You Don't: Biblical Perspectives On The Relationship Between Magic And Religion, Shawna Dolansky, David A. Allred

BYU Studies

Defining terms is a foundational task in academic studies, and a clear example of its importance is in the ongoing debates on the relationship between magic and religion. Because of the various ways in which magic has been defined over time and because of the negative connotations that can accompany some definitions, explorations of magic and religion are rife with misunderstanding and ethnocentrism, most famously dating back to the milieu of cultural evolution that characterized nineteenth-century anthropology, especially in the works of Edward B. Taylor and James G. Frazer. However, questions about the relationship between magic and religion go back …


Joseph Smith Encounters Calvinism, Robert L. Millet Dec 2011

Joseph Smith Encounters Calvinism, Robert L. Millet

BYU Studies

In seventeenth-century Europe, followers of John Calvin debated with followers of Jacob Arminius about five main doctrinal points: the total depravity of man, God's unconditional election of certain people, the limited nature of the Atonement, the irresistibility of God's grace, and the perseverance of the Saints. This article gives a brief account of that controversy and then compares the teachings of Joseph Smith and Mormonism on these same five points of doctrine.


Shifting The Language Of Research Using Problem-Based Learning, Mark Dibble Dec 2011

Shifting The Language Of Research Using Problem-Based Learning, Mark Dibble

LOEX Conference Proceedings 2009

When librarians teach students how to conduct research, we need to use language which reflects how faculty conducts research. Faculty do not research topics, instead they are researching problems and questions. Students are often confused about how to apply the research skills they already have to academic research. Generally, they are unsure about how to get started when faced with a large topic. Instead of focusing on a topic, they should be focusing on a particular problem. Using problem-based learning as a teaching method allows librarians to model and instruct students on how research is done.


Review Of Sandhill And Whooping Cranes: Ancient Voices Over America's Wetlands By Paul Johnsgard, Jane E. Austin Dec 2011

Review Of Sandhill And Whooping Cranes: Ancient Voices Over America's Wetlands By Paul Johnsgard, Jane E. Austin

The Prairie Naturalist

Paul Johnsgard has long been captivated by wild cranes and their unique vocalizations, courtship dances, and wide-ranging migrations. As a scientist and an admirer, Johnsgard has watched their migrations and behaviors for decades as hundreds of thousands of cranes staged each spring by the central Platte River, not far from his home in Lincoln, Nebraska. As an artist, he has skillfully captured their courtship dances and other behaviors in his exceptional line drawings. And, as an author, he has written extensively on their ecology in three earlier books: Cranes of the World (1983), Those of the Gray Wind: The Sandhill …


Depth And Littoral Habitat Association Of Age-0 Yellow Perch In Two South Dakota Glacial Lakes, Daniel J. Dembkowski, Melissa R. Wuellner, David W. Willis Dec 2011

Depth And Littoral Habitat Association Of Age-0 Yellow Perch In Two South Dakota Glacial Lakes, Daniel J. Dembkowski, Melissa R. Wuellner, David W. Willis

The Prairie Naturalist

Yellow perch (Perca flavescens) are a recreationally important species and represent a key ecological component of glacial lake littoral fish assemblages (Stone 1996, Blackwell et al. 1999). Research has shown a generalized pattern of juvenile (age-0) yellow perch spatial distribution wherein larvae hatch in near-shore areas, migrate to limnetic areas where they remain for approximately 40 d, and then return to demersal behaviors and within near-shore littoral habitats (Noble 1975, Whiteside et al. 1985). However, anomalous distribution and habitat use by age-0 yellow perch has been observed in South Dakota glacial lakes (Fisher and Willis 1997) and the …


Book Review: Effects Of Climate Change On Birds, Edited By Anders Pape Meller, Wolfgang Fiedler, And Peter Berthold, Brian J. Olsen Dec 2011

Book Review: Effects Of Climate Change On Birds, Edited By Anders Pape Meller, Wolfgang Fiedler, And Peter Berthold, Brian J. Olsen

The Prairie Naturalist

Book review of Effects of Climate Change on Birds, edited by Anders Pape Meller, Wolfgang Fiedler, and Peter Berthold.

Climate scientists from across the globe predict vast changes during the next century in the planet's temperatures, precipitation, storm intensities, fire regimes, hydrologic cycles, and atmospheric, water, and soil chemistries. The changes will be global, but their effects will be felt locally everywhere. To find a scientifically and socially engaging bellwether of these events, we need to look only through the lens of avian biology. Birds are found from pole to pole; their movements connect continents. They are loud, colorful …


Modeling Parental Provisioning By Red-Winged Blackbirds In North Dakota, George M. Linz, Richard S. Sawin, Mark W. Lutman, William J. Bleier Dec 2011

Modeling Parental Provisioning By Red-Winged Blackbirds In North Dakota, George M. Linz, Richard S. Sawin, Mark W. Lutman, William J. Bleier

The Prairie Naturalist

Male red-winged blackbirds (Agelaius phoeniceus) exhibit a difference in nest provisioning rates along an east-west gradient in North America. North Dakota is located in the center of North America and harbors a large population of breeding red-winged blackbirds (RWBL). This location provided an opportunity to compare provisioning rates in the central U.S. with those reported for the eastern and western populations. We placed video cameras at RWBL nests to record male and female feeding trips. Thirty-four nests were located on territories with original males and 30 were on territories where a replacement (floater) male had taken over a …


Manuscript Content: Where Does It Belong?, Christopher N. Jacques Dec 2011

Manuscript Content: Where Does It Belong?, Christopher N. Jacques

The Prairie Naturalist

One of the most common issues we address during content editing of papers for The Prairie Naturalist (journal) is the appropriate placement of content in the text body. Based on my experience with the editorial process, content placement also is one of the issues that authors are most resistant to suggestions or do not fully understand why we are so persistent about it (Thompson 2010). One of the primary objectives of scientific writing is to concisely and accurately disseminate information. Scientific papers are structured to help both the author and reader accomplish this objective. The material that belongs in each …


Accuracy Of The Teacherinsight Online Perceiver Tool In Determining The Effectiveness Of High Rated And Low Rated Math And Science New Hire Teachers Following One Year And Three Years Of Single School District Employment, Nicole A. Regan Dec 2011

Accuracy Of The Teacherinsight Online Perceiver Tool In Determining The Effectiveness Of High Rated And Low Rated Math And Science New Hire Teachers Following One Year And Three Years Of Single School District Employment, Nicole A. Regan

Student Work

The purpose of this study is to explore the accuracy of the TeacherInsight online perceiver tool (Gallup University, 2007) in determining the effectiveness of high rated (n =14) and low rated ( n =36) math and science new hire teachers summative appraisal ratings, completed graduate coursework, and retention status following one year and three years of single school district employment.


The Effect Of The English Language Learner Pull Out Program On Primary Students' Language Achievement, Heidi T. Penke Dec 2011

The Effect Of The English Language Learner Pull Out Program On Primary Students' Language Achievement, Heidi T. Penke

Student Work

The purpose of this study was to determine the impact of the English Language Learner (ELL) pull out program on student achievement. Schools are facing the unprecedented challenge to educate a multicultural and multilingual student body with varied abilities and backgrounds of learning.


Exploring The Early Childhood Environmental Rating Scales-Revised (Ecers-R) Evaluation On Preschool Children's Pre-Academic Progress, Jennifer L. Fundus Dec 2011

Exploring The Early Childhood Environmental Rating Scales-Revised (Ecers-R) Evaluation On Preschool Children's Pre-Academic Progress, Jennifer L. Fundus

Student Work

The purpose of this study was to determine the physical, social, cognitive, and language outcomes of targeted Title I preschool students participating in programs not meeting and programs meeting Nebraska Department of Education, Early Childhood Evaluation Rating Scales-Revised (ECERS-R) requirements. As more requirements are being required for preschools to require, the exploration of the effectiveness of these requirements needs to be explored.


The Effect Of Varying Levels Of Reading Delimitations On The Ability Of Students With Disruptive Behavior Disorders Admitted To A Residential Treatment Center To Demonstrate Language-Based Pro-Social Behavior Replacement Skills, Tanya D. Wright. Dec 2011

The Effect Of Varying Levels Of Reading Delimitations On The Ability Of Students With Disruptive Behavior Disorders Admitted To A Residential Treatment Center To Demonstrate Language-Based Pro-Social Behavior Replacement Skills, Tanya D. Wright.

Student Work

Group 1 students (n = 18) with Disruptive Behavior Disorders and co-occurring reading delimitations with measured reading comprehension scores greater than one standard deviation below the mean, pretest beginning compared to posttest ending 12-week behavioral treatment Core Behavior Occurrence measures were all observed in the direction of lower posttest mean scores and student core behavior improvement with eight of the 11 Core Behavior Occurrence measures (73%) found to be significantly different. Group 2 students ( n = 22) with Disruptive Behavior Disorders and co-occurring reading delimitations with measured reading comprehension scores equal to but not more than one standard deviation …


Application Oriented Analysis Of Large Scale Datasets, Prashant Shivaji Paymal Dec 2011

Application Oriented Analysis Of Large Scale Datasets, Prashant Shivaji Paymal

Student Work

Diverse application areas, such as social network, epidemiology, and software engineering consist of systems of objects and their relationships. Such systems are generally modeled as graphs. Graphs consist of vertices that represent the objects, and edges that represent the relationships between them. These systems are data intensive and it is important to correctly analyze the data to obtain meaningful information. Combinatorial metrics can provide useful insights for analyzing these systems. In this thesis, we use the graph based metrics such as betweenness centrality, clustering coefficient, articulation points, etc. for analyzing instances of large change in evolving networks (Software Engineering), and …


State Mandated Disability Insurance As Salve To The Consumer Bankruptcy Imbroglio, Alena Allen Dec 2011

State Mandated Disability Insurance As Salve To The Consumer Bankruptcy Imbroglio, Alena Allen

BYU Law Review

From Main Street to Wall Street, Americans are hurting. In 2009, over 1.4 million families filed for bankruptcy. Researchers examining the causes of bankruptcy discovered that as many as sixty-two percent of all bankruptcies were precipitated by a medical crisis. Because many Americans are living paycheck to paycheck and lack disability insurance, when a medical crisis strikes, bank accounts are quickly depleted by the amalgam of high medical bills and lost wages. Disability insurance provides needed wage replacement when a worker is unable to work due to an illness or injury. This Article presents the case for statemandated disability insurance …


Moral Mandate Or Personal Preference? Possible Avenues For Accommodation Of Civil Servants Morally Opposed To Facilitating Same-Sex Marriage, Matthew Chandler Dec 2011

Moral Mandate Or Personal Preference? Possible Avenues For Accommodation Of Civil Servants Morally Opposed To Facilitating Same-Sex Marriage, Matthew Chandler

BYU Law Review

No abstract provided.


The New Resident Evil? State Regulation Of Violent Video Games And The First Amendment, James Dunkelberger Dec 2011

The New Resident Evil? State Regulation Of Violent Video Games And The First Amendment, James Dunkelberger

BYU Law Review

No abstract provided.


Letting The Legislature Decide: Why The Court's Use Of In Loco Parentis Ought To Be Praised, Not Condemned, Tyler Stoehr Dec 2011

Letting The Legislature Decide: Why The Court's Use Of In Loco Parentis Ought To Be Praised, Not Condemned, Tyler Stoehr

BYU Law Review

No abstract provided.


Hydraulic Fracturing And "Spotty" Regulation: Why The Federal Government Should Let States Control Unconventional Onshore Drilling, Matt Willie Dec 2011

Hydraulic Fracturing And "Spotty" Regulation: Why The Federal Government Should Let States Control Unconventional Onshore Drilling, Matt Willie

BYU Law Review

No abstract provided.


Frontmatter Dec 2011

Frontmatter

BYU Law Review

No abstract provided.


Creating A Self Learning Module For Nurses Caring For Patients Undergoing Angioplasty And Receiving Anticoagulation Therapy, Stacy Incardone Dec 2011

Creating A Self Learning Module For Nurses Caring For Patients Undergoing Angioplasty And Receiving Anticoagulation Therapy, Stacy Incardone

Nursing Masters

Nurses in the Cardiac Catheterization Lab (CCL or commonly referred to as the Cath Lab) play a critical role in the delivery of high quality care to their patients. Being knowledgeable and current on evidence based practice is the key to being an effective and efficient nurse. Every year there are annual competencies that nurses must demonstrate to prove that they are capable of performing these patient tasks independently. These annual competencies are institution and unit specific and may include tasks such as demonstration of inserting an intravenous catheter, drawing a blood specimen from an arterial line, and reading and …


Cognitive Origins Of The “Bimby” Effect: A Mixed Methods Exploration Of Survey Ratings Regarding The Quality Of Public Schools, James Ellis Jr. Dec 2011

Cognitive Origins Of The “Bimby” Effect: A Mixed Methods Exploration Of Survey Ratings Regarding The Quality Of Public Schools, James Ellis Jr.

Theses and Dissertations

Abstract COGNITIVE ORIGINS OF THE “BIMBY” EFFECT: A MIXED METHODS EXPLORATION OF SURVEY RATINGS REGARDING THE QUALITY OF PUBLIC SCHOOLS By James M. Ellis, Jr., Ph.D. A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy, School of Education at Virginia Commonwealth University. Virginia Commonwealth University, 2011. Director: James H. McMillan, Ph.D. Professor of Education, School of Education Public education and public opinion are pillars of democracy. In surveys about education, respondents in aggregate almost always rate schools attended by their children highest, schools in their communities moderately, and schools in the nation poorly. …


Obsessions Of My Affections, Deborah Fitzgerald Dec 2011

Obsessions Of My Affections, Deborah Fitzgerald

Theses and Dissertations

Artist Statement I am an ardent artist. I am always creating, even in my sleep. The ideas, images, and visions awake me from my dreams. I have been creating in various media since I was a very small child. The materials beckoned that child to play, as a grown up I can’t resist it. I am driven to play, explore, and experience with my all emotions and senses. My work has revolved around the exploration of objects or obsessions of my affections. They give an insight to how I feel about love and being in love. They depict objects I …


Bodies Of Reform: The Rhetoric Of Character In Gilded Age America [Review], Claudia Stokes Dec 2011

Bodies Of Reform: The Rhetoric Of Character In Gilded Age America [Review], Claudia Stokes

English Faculty Research

What is the nature of human character? Is it innate or the product of socialization? Is it fixed or fungible, whether for good or for ill? The multiple theories regarding the origins of character that percolated throughout the 1800s have become a mainstay of nineteenth-century U.S. studies over the last twenty years, receiving particular attention in analyses of late-century responses to the anxiety sparked by immigration, labor agitation, and unstable financial markets as well as by the Race Question and the Woman Question. Societal reform during this time was actively fueled by debates about the nature and origin of character, …


Putting Students At The Center Of Legal Education: How An Emphasis On Outcome Measures In The Aba Standards For Approval Of Law Schools Might Transform The Educational Experience Of Law Students, Janet W. Fisher Dec 2011

Putting Students At The Center Of Legal Education: How An Emphasis On Outcome Measures In The Aba Standards For Approval Of Law Schools Might Transform The Educational Experience Of Law Students, Janet W. Fisher

Southern Illinois University Law Journal

Legal education has been notably absent from the assessment movement that has been underway in American higher education for over twenty-five years.  Accreditors of virtually every other area of professional education in the United States have adopted assessment of educational outcomes as part of their accreditation process.  Legal education is poised to join this movement as the American Bar Association considers revisions to its Standards for Approval of Law Schools that would emphasize educational outcomes.
This Article explores how the assessment of educational outcomes might be implemented in legal education at the institutional, programmatic and course levels.  The Article focuses …


Unfashionably Late: Protecting A Designer‘S Identity After A Personal Name Becomes A Valuable Trademark, Allison B. Pitzer Dec 2011

Unfashionably Late: Protecting A Designer‘S Identity After A Personal Name Becomes A Valuable Trademark, Allison B. Pitzer

Southern Illinois University Law Journal

This comment discusses the use of personal name trademarks in the fashion industry, and in particular, its impact on the namesake designer.  Designers currently have very few options regarding the use of their personal name as a trademark, and often cannot retain any use of their name after a designer has left the company owning the trademark.  The fashion industry is unique in that personal name trademarks are widely used and become extremely valuable.  At the commencement of a fashion enterprise, a designer will require investors to build his or her brand.  Often, choosing to name the brand after the …


Fill Material Pollution Under The Clean Water Act: A Need For Legislative Change, Kory R. Watson Dec 2011

Fill Material Pollution Under The Clean Water Act: A Need For Legislative Change, Kory R. Watson

Southern Illinois University Law Journal

The Clean Water Act was implemented to restore and maintain the Nation’s waters. The National Pollutant Discharge Elimination System is the principal permitting scheme under the Clean Water Act that is designated to achieve that objective.  In the wake of ambiguous regulations on fill material, a loophole in the Clean Water Act has arisen. Currently, an entity can apply for a fill permit to discharge waste normally regulated under the Nation Pollutant Discharge Elimination System if the discharge is composed of a sufficiently high concentration of solids. This Comment discusses the regulations on fill permitting and the cases interpreting them. …