Digital Commons Network^™

A Conceptual Model Of An Arctic Sea, P. St-Laurent, F. Straneo, D. G. Barber

CCPO Publications

We propose a conceptual model for an Arctic sea that is driven by river runoff, atmospheric fluxes, sea ice melt/growth, and winds. The model domain is divided into two areas, the interior and boundary regions, that are coupled through Ekman and eddy fluxes of buoyancy. The model is applied to Hudson and James Bays (HJB, a large inland basin in northeastern Canada) for the period 1979-2007. Several yearlong records from instruments moored within HJB show that the model results are consistent with the real system. The model notably reproduces the seasonal migration of the halocline, the baroclinic boundary current, spatial …

Impact Of Abrupt Deglacial Climate Change On Tropical Atlantic Subsurface Temperatures, Matthew W. Schmidt, Ping Chang, Jennifer E. Hertzberg, Theodore R. Them Ii, Link Li, Bette L. Otto-Bliesner

OES Faculty Publications

Both instrumental data analyses and coupled ocean-atmosphere models indicate that Atlantic meridional overturning circulation (AMOC) variability is tightly linked to abrupt tropical North Atlantic (TNA) climate change through both atmospheric and oceanic processes. Although a slowdown of AMOC results in an atmospheric-induced surface cooling in the entire TNA, the subsurface experiences an even larger warming because of rapid reorganizations of ocean circulation patterns at intermediate water depths. Here, we reconstruct high-resolution temperature records using oxygen isotope values and Mg/Ca ratios in both surface- and sub-thermocline-dwelling planktonic foraminifera from a sediment core located in the TNA over the last 22 ky. …

Reintroducing Intent Into Predatory Pricing Law, Dustin Sharpes

Emory Law Journal

Predatory pricing occupies a strange position in the antitrust laws. Normally, low prices are one of the major goals of antitrust law because they reflect competition and are generally beneficial to consumers. However, in some situations, the antitrust laws condemn prices that are too low as predatory: a company may be able to set prices arbitrarily low to gain monopoly power by excluding rivals or forcing them to acquiesce to its price leadership, and the company may then charge monopoly prices to the detriment of consumers.

The Paradox Of Political Power: Post-Racialism, Equal Protection, And Democracy, William M. Carter Jr.

Emory Law Journal

Racial minorities have enjoyed increasing electoral success in recent years, while continuing to rank at or near the bottom in terms of health, wealth, income, education, and the effects of the criminal justice system. Some observers, including some members of the Supreme Court, have pointed to evidence of isolated electoral success as proof of "post-racialism," while ignoring the evidence of substantial continued disparities for the vast majority of people of color.

The Constitutional Right Not To Kill, Mark L. Rienzi

Emory Law Journal

Federal and state governments either participate in or permit a variety of different types of killings. These include military operations, capital punishment, assisted suicide, abortion, and self-defense or defense of others. In a pluralistic society, it is no surprise that there will be some members of the population who refuse to participate in some or all of these types of killings.

Being Desired, Ninos Aglantinos Oshaana

Master's Theses

Existential questions inspire or rather demand creative expression. The present collection of poems attempts to discern the way humanity is propelled forward through its insatiable hunger for meaning. At the core of this hunger is desire. We are beings who are born out of desire, who also desire and want to be desired. We want our matter to matter. Our desire is for a lasting identity. In short, we desire being. Within the three respective sections in this collection, these poems express the journey of discerning our ethnic, social, and spiritual identities along with their formation, disruption, and celebration.

Cracking The Coven: Shakespeare, The Supernatural, And The Female Power Base, Doll (Heather) Elizabeth Piccotto

Master's Theses

There has been extensive writing and research into the fairy magic and witchcraft practices of the Early Modern Period in the 400-plus years between when Shakespeare's plays were performed and now--even including a tome on demonology by King James I himself. However, as witchcraft and fairy magic are distinctively female realms, with women making up 90% of accused witches and fairy magic being mainly related to domestic duties, one cannot accurately discuss these phenomena in the plays without addressing how they affect the female characters. This project examines the role of the supernatural in three of Shakespeare's plays, A Midsummer …

More Myself, Karin Louise Mckie

Master's Theses

More Myself by Karin McKie is about living in the margins of the social network. As an ad hoc anthropologist, I survey my journeys, both internal and external, with a wry eye. I have lived alone since 1993, work mostly from home, no texting on my phone, and no kids ... that I know about. Throughout these essays, I chronicle the differences, as well as the intersections, between loneliness and being alone.

What is the nature of solitude? Am I worth knowing; am I worth loving? How did I get where I've got? From Virginia to Chicago and San José, …

Did The Cdc Guidelines For Suicide Reports Affect The New York Times?, Joni Kathryn Marshburn

Master's Theses

The CDC informed the American media of the best way to avoid contributing to imitative suicides by releasing guidelines for suicide reports in 2001. In this study, suicide reports in the New York Times were examined to establish if these guidelines affected the reporting. To determine if there was any change, all suicide reports from five years before, the year of guideline release, and five years after were extracted from the Times database. To determine compliance, articles were coded using a coding sheet that operationalized the guidelines into 12 yes–or–no questions.

The New York Times observed nearly one and a …

Métamorphoses D'Électre D'Eugene O'Neill À Marguerite Yourcenar, Celine Richard

Master's Theses

MÉTAMORPHOSES D'ÉLECTRE D'EUGENE O'NEILL À MARGUERITE YOURCENAR

by Céline Richard

Since Greek Antiquity, the Electra myth remains a constant source of inspiration. Electra, in looking to avenge the unpunished murder of her father, becomes the symbol of absent justice. During the first half of the twentieth century, five playwrights reinterpreted the infamous crime in order to modernize and update this legendary myth. Even though Marguerite Yourcenar's apolitical play Électre ou la Chute des Masques makes little reference to the events of her time, the playwright tears down one by one the veil of appearances exposing the fears, malaise, and revolt …

The Muse Of Fire: Exploring Origin Stories Of Shakespeare Professionals, William J. Brown

Master's Theses

This thesis is an exploration and examination of the origin stories of various Shakespeare professionals currently working in either theatre or academia. It asks the basic question: Why have they dedicated their lives to these four-hundred-year-old plays? For this study I conducted twenty-four interviews, drawing from various ethnographic methodologies to do so. Working under the supposition that we, as human beings, mythologize our own lives in order to justify our actions, I analyzed the interviews, seeking themes through a framework drawn from Paul Ricoeur's Time and Narrative. Paying particular attention to his ideas about the threefold present, I examined the …

University Of Texas At Tyler Catalog, 2012 - 2014, University Of Texas At Tyler

Catalogs

No abstract provided.

A Multiagent Energy Management Control System For Commercial & Industrial Applications, Tyler Wayne Price

Theses and Dissertations

Commercial and industrial customers have increasingly adopted fully-automated demand response (auto-DR) as part of their energy management control strategy to mitigate the effects of rising electricity costs. Some of these customers have also contracted with their power provider to permit voluntary curtailment of power consumption to be negotiated by a human operator. Even still, at the customer-side there are needs to maximize cost savings and automate decision making, and at the provider-side there are needs to reduce peaking demand and demand volatility. This thesis describes a centralized multiagent approach that automatically negotiates demand curtailment with a power provider while making …

Cooperation-What Is It And Why Do It?, David J. Waxse

Richmond Journal of Law & Technology

Litigation is a method of resolving disputes that is too costly and time consuming for most parties involved. As a Federal Magistrate Judge involved in case management on a day-to-day basis, I often see evidence of this. I also participated in the 2010 Conference on Civil Litigation held at Duke Law School and sponsored by the Federal Judicial Conference Standing Committee on Rules of Practice and Procedure. The conference explored “the current costs of civil litigation in Federal Court, particularly discovery, and discuss[ed] possible solutions.” As part of the conference, the Federal Judicial Center presented4its research findings on its study …

Virtual Or Reality: Prosecutorial Practices In Cyber Child Pornography Ring Cases, Michal Gilad

Richmond Journal of Law & Technology

With the rising use of the Internet over the past decade, the boundaries between our physical space and cyberspace are quickly fading. The Internet has become an integral and inseparable part of modern being, and its dominance in our lives is undeniable. Actions taken online are no longer a mere virtual fantasy, but directly relate to our “offline” everyday living. Modern criminal trends also demonstrate the strong link betweenthe virtual and physical worlds.

Admissibility Of Non-U.S. Electronic Evidence, Kenneth N. Rashbaum, Matthew F. Knouff, Dominique Murray

Richmond Journal of Law & Technology

After two long years collecting hundreds of gigabytes of e-mail, data base reports, and social media posts from countries in Europe, Asia, and South America, such as France, South Korea, Argentina, Canada, Australia, and El Salvador, the day of trial has arrived. The trial team has obtained the data at great cost, in dollars as well as person-hours, but is finally ready for trial. First-chair counsel, second-chair counsel, and four paralegals file into the courtroom, not with bankers boxes full of documents as in earlier times, but with laptops, tablet computers, and a data projector. Following opening statements, the first …

Using Contract Terms To Get Ahead Of Prospective Ediscovery Costs And Burdens In Commercial Litigation, Jay Brudz, Jonathan M. Redgrave

Richmond Journal of Law & Technology

During the course of the twentieth century, American and international businesses reacted to the increasing costs and uncertainties of the American civil legal system by trying to create certainty through contractual provisions wherever possible. In particular, businesses developed contractual provisions that set forth procedural boundaries to potential disputes for the purpose of providing greater certainty as to where the dispute would be heard, who would hear it, and what laws would apply. For example, choice of venue and choice of law provisions became commonplace. In addition, clauses dictating the use of alternative dispute resolution procedures were also widely adopted. Substantively, …

Reading The Standing Tea Leaves In American Electric Power Co. V. Connecticut, Bradford C. Mank

University of Richmond Law Review

The U.S. Supreme Court by an equally divided vote offour to four affirmed the Second Circuit's decision finding standing and jurisdiction in the case in American Electric Power Co. v. Connecticut. While not binding as precedent beyond the Second Circuit,the case offers clues to how the Court is likely to rule in future standing cases. This article discusses the likely identities of the four Justices on each side of the standing issue in the case, as well as how Justice Sotomayor might have voted if she had not recused herself. Furthermore, the article examines how the decision expand- ed on …

Straying From The Written Path: How The Supreme Court Eviscerated The Plain Meaning Of The Mvra’S Ninety-Day Deadline Provision And Legislated From The Bench In Dolan V. United States, Alexander J. Sisemore

Oklahoma Law Review

No abstract provided.

Article Iii And Removal Jurisdiction: The Demise Of The Complete Diversity Rule And A Proposed Return To Minimal Diversity, Rodney K. Miller

Oklahoma Law Review

The complete diversity rule is broken. Although easily applied in theory (federal courts can exercise subject matter jurisdiction over an action on diversity grounds only when no party is of the same citizenship as any adverse party), over time the number of judicially and legislatively created exceptions to the rule, as well as their varying and inconsistent application by the federal courts, has created an environment in which similarly situated parties are treated differently based solely on the forum in which the litigation is brought. In the removal context, depending upon the forum in which an action is filed, a …

Making Plaintiffs Whole: A Tax Problem Of Interest, William E. Foster

Oklahoma Law Review

This article illustrates the dramatic tax impact of interest awards in otherwise non-taxable litigation recoveries and proposes two alternative legislative solutions for the over-taxing of plaintiffs in these cases. While plaintiffs who recover personal injury awards typically receive favorable tax treatment, those who receive interest on such awards are taxed on the interest and often are not able to utilize deductions for attorney’s fees and other costs paid to obtain the award. Further, the attorney’s portion of the recovery in a contingency fee arrangement will be included in the plaintiff’s gross income. The result is that the plaintiff recovers less …

Revitalizing Informed Consent And Protecting Patient Autonomy: An Appeal To Abandon Objective Causation, Evelyn Tenenbaum

Oklahoma Law Review

No abstract provided.

Not All "Units" Are Created Equal: How Hebble V. Shell Western E&P;, Inc. Missed An Opportunity To Curb The Expansion Of Fiduciary Obligations In Oklahoma Oil And Gas Law, Brad Secrist

Oklahoma Law Review

No abstract provided.

Dolphin-Assisted Therapy: Claims Versus Evidence, Britta L. Fiksdal, Daniel Houlihan, Aaron C. Barnes

Psychology Department Publications

The purpose of this paper is to review and critique studies that have been conducted on dolphin-assisted therapy for children with various disorders. Studies have been released claiming swimming with dolphins is therapeutic and beneficial for children with autism, attention deficit hyperactivity disorder, physical disabilities, and other psychological disorders. The majority of the studies conducted supporting the effectiveness of dolphin-assisted therapy have been found to have major methodological concerns making it impossible to draw valid conclusions. Readers will be informed of the history of, theory behind, and variations of dolphin-assisted therapy along with a review and critique of studies published …

The Faculty Workshop, Pierre Schlag

Publications

This essay explores the ubiquitous law school institution, “The Faculty Workshop,” as an entrée into and manifestation of contemporary American legal thought. The Faculty Workshop is examined both as a regulator and expression of legal thought - at once governance system and symptom. We close by discussing “Stage 4.”

Using Munitions And Unit Frontage: New Evidence About The Russian Main Battle Line At Poltava (1709), Adrian Mandzy

Faculty Research at Morehead State University

No abstract provided.

Planetarian Identity Formation And The Relocalization Of Environmental Law, Sarah Krakoff

Publications

Local food, local work, local energy production--all are hallmarks of a resurgence of localism throughout contemporary environmental thought and action. The renaissance of localism might be seen as a retreat from the world's global environmental problems. This Article maintains, however, that some forms of localism are actually expressions, appropriate ones, of a planetary environmental consciousness. This Article's centerpiece is an in-depth evaluation of local climate action initiatives, including interviews with participants, as well as other data and observations about their ethics, attitudes, behaviors, and motivations. The values and identities being forged in these initiatives form the basis for timely conceptions …

The Second-Class Class Action: How Courts Thwart Wage Rights By Misapplying Class Action Rules, Scott A. Moss, Nantiya Ruan

Publications

Courts apply to wage rights cases an aggressive scrutiny that not only disadvantages low-wage workers, but is fundamentally incorrect on the law. Rule 23 class actions automatically cover all potential members if the court grants plaintiffs' class certification motion. But for certain employment rights cases--mainly wage claims but also age discrimination and gender equal pay claims--29 U.S. C. § 216(b) allows not class actions but "collective actions" covering just those opting in affirmatively. Yet courts in collective actions assume a gatekeeper role just as they do in Rule 23 class actions, disallowing many actions by requiring a certification motion proving …

Agricultural Terracing And Landscape History At Monte Pallano, Abruzzo, Italy, James R. Countryman

Honors Papers

This study examines the role of agricultural terracing in the archaeological landscape of Monte Pallano, in the Sangro river valley of Abruzzo, Italy. This area is the research focus of the Sangro Valley Project, an ongoing archaeological project whose mission is to investigate and characterize long-term dynamics of human settlement and land use in this region. The project's 2010 and 2011 field seasons incorporated a program of mapping and reconnaissance survey and experimental excavation of abandoned agricultural terraces on the upper slopes of Monte Pallano. The survey was designed to assess the spatial distribution of agricultural terraces in the study …

Model Of The One-Dimensional Molecular Hydrogen Cation, Joseph Galamba

Honors Papers

The hydrogen molecule ion is the simplest molecule, consisting of only two protons and an electron. As such, understanding this problem is essential in order to extend quantum mechanical techniques to more complex molecules such as the next simplest hydrogen molecule. The non-ionized hydrogen molecule represents the simplest system with only axial symmetry exhibiting Pauli exclusion principle effects due to the two identical electrons (fermions) in the neutral molecule. Both molecules have been treated in great detail both experimentally and theoretically and the nature of their solutions and energies are well understood.

Dimensional scaling of the problem can provide insight …