Digital Commons Network^™

Scaling Lightness Perception And Differences Above And Below Diffuse White And Modifying Color Spaces For High-Dynamic-Range Scenes And Images, Ping-Hsu Chen

Theses

The first purpose of this thesis was to design and complete psychophysical experiments for scaling lightness and lightness differences for achromatic percepts above and below the lightness of diffuse white (L*=100). Below diffuse white experiments were conducted under reference conditions recommended by CIE for color difference research. Overall a range of CIELAB lightness values from 7 to 183 was investigated. Psychophysical techniques of partition scaling and constant stimuli were applied for scaling lightness perception and differences, respectively. The results indicate that the existing L* and CIEDE2000-weighting functions approximately predict the trends, but don't well fit the visual data. Hence, three …

Geochemical Support For A Climbing Habit Within The Paleozoic Seed Fern Genus Medullosa, Jonathan P. Wilson, Woodward W. Fischer

Biology Faculty Scholarship

A long-standing problem in paleobotany is the accurate identification of the growth habits and statures of fossil plants. Tissue-specific analysis of stable carbon isotope ratios in plant fossils can provide an independent perspective on this issue. Lignin, a fundamental biopolymer providing structural support in plant tissues and the second most abundant organic material in plants, is ^(13)C depleted by several parts per thousand, averaging 4.1‰, relative to other plant constructional materials (e.g. cellulose). With this isotopic difference, the biochemical structural composition of ancient plants (and inferred stature) can be interrogated using microscale in situ isotope analysis between different tissues in …

The Conflicts In Yemen And U.S. National Security, W. Andrew Terrill Dr.

Books, Monographs & Collaborative Studies

Yemen is not currently a failed state, but it is experiencing huge political and economic problems that can have a direct impact on U.S. interests in the region. It has a rapidly expanding population with a resource base that is limited and already leaves much of the current population in poverty. The government obtains around a third of its budget revenue from sales of its limited and declining oil stocks, which most economists state will be exhausted by 2017. Yemen also has critical water shortages and a variety of interrelated security problems. In Sa’ada province in Yemen’s northern mountainous region, …

Civil-Military Relations In Medvedev's Russia, Stephen J. Blank Dr.

Books, Monographs & Collaborative Studies

The best recent scholarship on Russian civil-military relations explicitly addresses this issue’s importance for both domestic and external security. An inquiry into the present state of those relations under conditions of defense reform and the current international situation is of immense analytical and policy relevance for both domestic and external security in Russia. While the Russian regime is serious about military reform, it is encountering severe objections from the uniformed military, and the military has successfully persuaded the government to accept its expansive concept of the threats to Russia, i.e., its threat assessment. Therefore, we must closely follow those developments …

Decision-Making Under Uncertainty: Using Case Studies For Teaching Strategy In Complex Environments, Volker C. Franke

Faculty Articles

Decision-makers today respond to a security environment characterized by volatility, uncertainty, complexity and ambiguity. Decisions cut across a wide range of social, political and cultural domestic and global issues and demand cognitive flexibility, adaptability and the ability to make decisions “on the fly.” While the U.S. military excels in preparing its soldiers and officers for the operational demands and tactical requirements of a wide array of increasingly complex contingency missions, a number of observers have pointed to the need for teaching strategy more effectively as part of professional military education. The purpose of this article is to analyze some of …

Redressing Deprivations Of Rights Secured By State Constitutions Outside The Shadow Of The Supreme Court's Constitutional Remedies Jurisprudence, Gary S. Gildin

Faculty Scholarship

The second generation of state constitutionalism is now emerging. With the methodology of autonomous state constitutional protection more clearly defined, courts and legislatures are turning to the task of determining when, and from whom, they should award damages to citizens deprived of their state constitutional rights. State courts, as well as legislatures contemplating statutes authorizing damage actions, will be tempted to borrow United States Supreme Court interpretations of 42 U.S.C. §1983 in shaping civil relief for infringement of state constitutional rights. This article argues that the Supreme Court’s Section 1983 remedies doctrine is a product of statutory, structural and institutional …

Crumbling Infrastructure, Crumbling Democracy: Infrastructure Privatization Contracts And Their Effects On State And Local Governance, Ellen Dannin

Faculty Scholarship

Key arguments for privatizing public infrastructure range from providing money so cash-strapped governments can fix crumbling infrastructure and build much needed new infrastructure to shifting future financial risk from the public to a private contractor. The reality, though, is far different. Provisions commonly found in infrastructure privatization contracts make the public the guarantor of private contractors' expected revenues. Indeed, were it not for provisions that protect contractors from diminution of their expected returns, the contracts would be far shorter and much less complex. An effect of those contract provisions is to give private contractors a quasi-governmental status with power over …

Unraveling The Exclusionary Rule: From Leon To Herring To Robinson - And Back?, David H. Kaye

Faculty Scholarship

The Fourth Amendment exclusionary rule began to unravel in United States v. Leon. The facts were compelling. Why exclude reliable physical evidence from trial when it was not the constable who blundered, but “a detached and neutral magistrate” who misjudged whether probable cause was present and issued a search warrant? Later cases applied the exception for “good faith” mistakes to a police officer who, pursuing a grudge against a suspect, arrested and searched him and his truck on the basis of a false and negligent report from a clerk in another county of an outstand­ing arrest warrant. The California Supreme …

Can The Patent Office Be Fixed, Mark Lemley

The Honorable Helen Wilson Nies Memorial Lecture

The United States Patent and Trademark Office (USPTO) faces primarily two problems in promoting innovation policy. On the one hand, the USPTO must contend with a backlog of around 700,000 patent applications that have not yet been examined. This may result in three- and five-year waits before the USPTO renders a decision on an application, which may prove detrimental for certain sectors in which technology develops at a more rapid pace, such as the software industry. On the other hand, the USPTO has granted a not insignificant number of patents of questionable validity and quality.

The Integration Of Psychoeducation About Healing Environments And Placemaking And The Effect On Mental Health For Clients, Christienne D. Constabile

Theses, Dissertations, and Projects

This study was undertaken to determine the effect of integrating psychoeducation about healing environments and placemaking in the therapeutic setting. Additionally, this researcher and clinician proposed that if clinicians can empower clients to create a healing environment for themselves both in their private spaces and in their larger community, then such integration would facilitate improved mental health for clients. This researcher engaged in a theoretical study by examining the data on healing environments and placemaking on individuals and communities. At the basis of the study is the premise, as espoused by Kurt Lewin, that behavior is a function of the …

What Factors Deter Self-Identified White Anti-Racist Social Workers From Interrupting Acts Of Racism In Interpersonal Interactions, Mary Jane Panke

Theses, Dissertations, and Projects

Current National Association of Social Workers codes, mandates, and policies require members to work to end racism. Although there is a strong need for social workers to consistently act against racism there are times social workers choose not to interrupt racism in interpersonal interactions. This study was interested in learning how social workers understand their decisions not to act against racism to gain a better understanding of the barriers to interrupting racism. This information may assist social workers in meeting their personal and professional obligations to combat racism. Ten self-identified White anti-racist social workers were interviewed for this qualitative study. …

The Law And Politics Of Embryo Research In America, O. Carter Snead

Journal Articles

The moral, legal, and public policy dispute over embryonic stem cell research (and related matters, such as human cloning) is the most prominent issue in American public bioethics of the past decade. The primary moral question raised by the practice of embryonic stem cell research is whether it is defensible to disaggregate (and thus destroy) living human embryos in order to derive pluripotent cells (stem cells) for purposes of basic research that may someday yield regenerative therapies. This essay will explain the legal and political dimensions of the embryonic stem cell debate as it has unfolded at the national level …

Acceptance Remarks, Bryan Marsal

Emory Bankruptcy Developments Journal

Bryan Marsal's acceptance remarks at the annual Emory Bankruptcy Developments Journal Banquet. Mr. Marsal is the thirteenth recipient of the Annual Distinguished Service Award for Lifetime Achievement.

Introduction, Merriam Mikhail

Emory Bankruptcy Developments Journal

Each year, the Emory Bankruptcy Developments Journal honors an individual who has made a significant impact on the field of bankruptcy law with the Distinguished Service Award for Lifetime Achievement. On March 23, 2011, the Emory Bankruptcy Developments Journal presented Tony Alvarez and Bryan Marsal with the Thirteenth Annual Distinguished Service Award for Lifetime Achievement.

Tribute, Bill Runge

Emory Bankruptcy Developments Journal

To mark the occasion of the Thirteenth Annual Distinguised Service Award for Lifetime Achievement, Bill Runge gave a rousing tribute to Tony Alvarez and Bryan Marsal for their significant impact and contributions to the field of bankruptcy law.

Anything But Automatic: Dismissal Under § 521, Mantas Valiunas

Emory Bankruptcy Developments Journal

This Comment will look at how a narrow reading of § 521(i) leads to an automatic dismissal which encourages abuse of the bankruptcy system by dishonest debtors. While a strict and rigid application of § 521(i) requirements allows dishonest debtors to manipulate the system, it also leads to unfavorable outcomes for honest debtors. If any documents or information have not been filed in a timely manner, then a bankruptcy case may be dismissed automatically. Although there are several solutions, including the promotion of judicial discretion and the use of waiver forms, this Comment suggests an amendment to the Code that …

Child Support Guidelines: The Good, The Bad, And The Ugly, Margaret F. Brinig, Douglas W. Allen

Journal Articles

Child support guideline systems do more than simply determine the amount of income to be transferred from the noncustodial to the custodial household. They create incentives, one way or another, for spouses to divorce and seek custody and support payments. We examine three cases found in North America, and find that the common method of income shares provides a decent guideline that does not create any perverse incentives for divorce. Percentage-of-obligor-income methods do worse than other systems, and can cause increases in divorce rates for families in which one spouse earns a high income. Finally, the Canadian system, which is …

Accounting For The Costs Of Electronic Discovery, David Degnan

Minnesota Journal of Law, Science & Technology

No abstract provided.

Morally Hazardous Chemical Regulations: Why Effective Reform Of The Tsca Requires Reduction Of The Toxic Data Gap, John Kvinge

Minnesota Journal of Law, Science & Technology

No abstract provided.

The Work Made For Hire Doctrine Revisited: Startup And Technologyemployees And The Use Of Contracts In A Hiring Relationship, John M. Garon, Elaine D. Ziff

Minnesota Journal of Law, Science & Technology

No abstract provided.

Pluripotent Stem Cells: The Search For The "Perfect" Source, Nancy M.P. King, Christine Nero Coughlin, Anthony Atala

Minnesota Journal of Law, Science & Technology

No abstract provided.

Amp V. Myriad: The Future Of Medicine And Patent Law, Peter Edwards

Minnesota Journal of Law, Science & Technology

No abstract provided.

Securities Regulation, George Lee Flint

SMU Law Review

No abstract provided.

Twombly And Iqbal Should (Finally) Put The Distinction Between Intrinsic And Extrinsic Fraud Out Of Its Misery, Dustin B. Benham

SMU Law Review

No abstract provided.

The Abdication Of Free Association - Elevating The Court Above The Constitution In Christian Legal Society Chapter Of The University Of California, Hastings College Of The Law V. Martinez, Natalie M. Cooley

SMU Law Review

No abstract provided.

Writer's History: Nothing Like A Fishbone, Chun Hui Pek

Fresh Voices: Composition at Cal Poly

No abstract provided.

Salud Y Saludos: The E-News Of The College Of Health Sciences, College Of Health Sciences

College of Health Sciences

Electronic newsletter of the College of Health Sciences, January 2011

Congressional Authority To Interpret The Thirteenth Amendment: A Response To Professor Tsesis, Jennifer Mason Mcaward

Journal Articles

This essay explores the proper scope of Congress’s power to enforce the Thirteenth Amendment’s prohibition on slavery and involuntary servitude. It reviews the historical context surrounding the drafting of the Thirteenth Amendment enforcement power, and it points to structural constitutional considerations relevant to the understanding of that power. It concludes by suggesting some related topics that deserve further exploration.

American Indian Civil War Treaties: The Instruments Formed By The Confederate States Of America In Indian Territory, Charles D. Bernholz, Laura Weakly, Brian Pytlik Zillig, Karin Dalziel

University of Nebraska-Lincoln Libraries: Faculty Publications

The creation of nine treaties between the Confederate States of America (CSA) and the tribes residing in Indian Territory in 1861 formed a significant historical perspective to the understanding of the relationships between governments and indigenous peoples of the United States. This research note describes a Web page – “So Long as Grass Shall Grow and Water Run: The Treaties Formed By the Confederate States of America and the Tribes in Indian Territory, 1861” – that provides access to paired CSA Statutes at Large page images and their text for each of these instruments.

The described site’s URL is http://csaindiantreaties.unl.edu

Presidential Vetoes And American Indian Affairs, 1789–2000, Charles D. Bernholz, Laura Weakly, Brian Pytlik Zillig, Karin Dalziel

University of Nebraska-Lincoln Libraries: Faculty Publications

Between the years 1789 and 2000, nineteen Presidents of the United States vetoed 114 bills or resolutions concerning matters related to Indian affairs. These executive actions are collected in a new digital resource, and are presented with their supporting Congressional documents. A brief history of Presidential veto power and activities is included. ... The URL for this site is http://indianaffairsvetoes.unl.edu