Digital Commons Network^™

The End Of The Obesity Epidemic, Paul F. Campos

Publications

No abstract provided.

Title Ix’S Protections For Transgender Student Athletes, Scott Skinner-Thompson, Ilona M. Turner

Publications

This article examines legal authority and policy to determine whether transgender students in K-12 schools must be permitted to participate in athletics according to their gender identity, and without any requirement for medical intervention. The articles concludes that such a policy is consistent with legal authority under Title IX and Title VII and, more importantly, best advances the well-being of already vulnerable transgender youth by helping to incorporate and include such students in activities that are critical to physical, social, mental, emotional development, and health.

Part II of this article briefly details the history of Title IX with respect to …

The Corporate Preference For Trade Secret, Andrew A. Schwartz

Publications

Many inventions can be legally protected either by patent or by trade secrecy, and a conventional wisdom exists on how to select between them. This Article adds to that literature by showing that corporations should have an inherent preference for trade secret over patent for reasons relating to their legal form. Among them is the idea that corporations are perpetual entities and therefore perfectly suited to reap the perpetual returns that only a trade secret can offer. The Article also addresses the potential for a conflict between the inherent corporate preference for trade secret and the preferences of corporate managers, …

Panel Discussion Iii: Recognizing And Addressing Immigration Concerns In The Criminal Process, Violeta Chapin, Dan Kesselbrenner, Christina Kleiser

Publications

No abstract provided.

Water Transfers For A Changing Climate, Mark Squillace

Publications

The prior appropriation doctrine that dominates the water laws of the Western United States was perhaps the inevitable consequence of the need to manage water resources in a region where the demand for water often exceeds the supply. This doctrine has proved surprisingly clumsy at accommodating changing water needs during times of shortage. Economists have long viewed water markets as an attractive solution for reallocating water to meet the demands of an evolving community of water users. But most western states have been skeptical--sometimes even hostile--to proposed changes in historic water use patterns. This reluctance to encourage the transfer of …

Hero For The People, Hero For The Land And Water: Reflections On The Enduring Contributions Of David Getches, Charles Wilkinson

Publications

No abstract provided.

The Exit Myth: Family Law, Gender Roles, And Changing Attitudes Toward Female Victims Of Domestic Violence, Carolyn B. Ramsey

Publications

This Article presents a hypothesis suggesting how and why the criminal justice response to domestic violence changed, over the course of the twentieth century, from sympathy for abused women and a surprising degree of state intervention in intimate relationships to the apathy and discrimination that the battered women' movement exposed. The riddle of declining public sympathy for female victims of intimate-partner violence can only be solved by looking beyond the criminal law to the social and legal changes that created the Exit Myth.

While the situation that gave rise to the battered women's movement in the 1970s is often presumed …

Bad Briefs, Bad Law, Bad Markets: Documenting The Poor Quality Of Plaintiffs' Briefs, Its Impact On The Law, And The Market Failure It Reflects, Scott A. Moss

Publications

For a major field, employment discrimination suffers surprisingly low-quality plaintiffs' lawyering. This Article details a study of several hundred summary judgment briefs, finding as follows: (1) the vast majority of plaintiffs' briefs omit available caselaw rebutting key defense arguments, many falling far below basic professional standards with incoherent writing or no meaningful research; (2) low-quality briefs lose at over double the rate of good briefs; and (3) bad briefs skew caselaw evolution, because even controlling for win-loss rate, bad plaintiffs' briefs far more often yield decisions crediting debatable defenses. These findings are puzzling. In a major legal service market, how …

The U.N. Security Council's Duty To Decide, Anna Spain

Publications

When faced with a global crisis within the scope of its mandate, the United Nations Security Council (UNSC or Council) has no obligation to decide whether or not to take action. This Article argues that it should. The UNSC is the only governing body with the legal authority to authorize binding measures necessary to restore peace and security, yet neither the United Nations Charter nor the UNSC's own rules clarify the extent of its obligations. Unlike courts, the UNSC lacks a procedural rule establishing that it has a duty to decide. Unlike the United States Congress, which accepts its practical …

Re-Problematizing Anger In Domestic Violence Advocacy, Deborah Cantrell

Publications

Feminist advocacy commits wholeheartedly to a woman’s autonomous choices about how to respond to domestic violence, prioritizing a woman’s own lived experiences and her own assessments of her needs and goals over other supposedly “objective” assessments. Feminists robustly privilege individual choices of women in part as a way of revealing anti-woman bias in the dominant, patriarchal legal system as well to reject male constructions of feminine behavior. In feminist domestic violence advocacy, scholars and advocates have argued that a woman’s autonomous choices include capacious choices about the kinds of emotions that a woman might express about being subjected to abuse. …

Real Masks And Real Name Policies: Applying Anti-Mask Case Law To Anonymous Online Speech, Margot E. Kaminski

Publications

The First Amendment protects anonymous speech, but the scope of that protection has been the subject of much debate. This Article adds to the discussion of anonymous speech by examining anti-mask statutes and cases as an analogue for the regulation of anonymous speech online. Anti-mask case law answers a number of questions left open by the Supreme Court. It shows that courts have used the First Amendment to protect anonymity beyond core political speech, when mask-wearing is expressive conduct or shows a nexus with free expression. This Article explores what the anti-mask cases teach us about anonymity online, including proposed …

A Comparison Of Performance On The Wii Basic Balance Test Between Concussed And Non-Concussed Collegiate Students, Vanessa Eileen Fernandez-Vivar

Open Access Theses & Dissertations

The Wii Board Basic Balance Test has served as a useful tool for assessing balance in concussion management. In the event that an athlete is concussed, baseline data will be useful when managing a concussion. In cases where baseline data is not available, having normative data is useful to refer to in order to make appropriate return-to-play decisions. To date, normative data on the Wii Board Basic Balance Test is not available. Purpose: This study will compare the performance of concussed and nonconcussed individuals on the Wii Basic Balance Test. Method: A between subject design between the two groups of …

Reits And Stock Market Cointegration, Jessie E. Felix

Open Access Theses & Dissertations

Real Estate is popular among investors looking for attractive total returns, predictable price movements, and low correlations to the general equity markets. The financial crisis of 2007 led by real estate mortgage defaults led to a universal bear market, and a credit freeze which impacted REITs ability to raise capital. REITs long viewed perception as a distinct asset class was questioned as a result. Research analyzing REITs long run trends find evidence of an existing long run relationship between REITs, and the S&P. This paper employs the same cointegration framework of prior studies using a longer sample period, and favors …

The Impact Of Baby Sign On Motor Development In Typically Developing Infants And Toddlers, Melissa Garcia

Open Access Theses & Dissertations

"Baby Sign is an augmentative communication approach that teaches babies keyword signing that they can use to communicate before they talk." (Sneddon 2003). Baby sign has become popular among parents of infants as a means to communicate before the child can verbally express wants and needs. Programs and classes are now becoming available in many areas of the country to help teach parents basic signs to use with their children. This study aimed to assess the impact of baby

sign on motor development in typically developing infants. The study found that the impact of baby sign language on motor development …

Microstructure And Properties For Titanium Aluminide Superalloy Prototypes Fabricated By Electron Beam Melting And Thermally Processed, Jennifer Hernandez

Open Access Theses & Dissertations

Gamma TiAl has been considered to be an ideal replacement for Ni-base superalloy aerospace applications, particularly in weight-critical applications. While bulk, fully dense gamma-TiAl is 50% less dense than Ni-base superalloys, it also has excellent mechanical properties at high temperature (up to ~800°C). Pre alloyed (Ti-48Al-2Cr-2Nb) powder was used to fabricate solid, fully dense (3.85 g/cm3) components and foam components with densities ranging from 0.33 g/cm³ to 0.46 g/cm³ by electron beam melting (EBM). A 10:1 blend of 2-phase TiAl (Ti-48Al-2Cr-2Nb in ^a/_o) : Inconel 625 (Ni-22Cr-6Mo-2Nb in ^a/_o) pre-alloyed powders produced …

Examining The Effects Of Impression Management And Self-Deception On Self-Reports Of Alcohol Use And Alcohol Related Problems In Hispanic College Students And Municipal Firefighters, Kristen Eileen Hernandez

Open Access Theses & Dissertations

Researchers use survey methods in a variety of settings to assess health behaviors, chronic disease, and other health outcomes. Since most surveys rely on self-report from respondents, prevalence rates have been regarded with criticism on the assumption that some respondents are unwilling to divulge personal information about behaviors due to people's desires to maintain a good impression. Accordingly, the purpose of this study was to assess the extent to which self-reported drinking behavior correlates with measures of two known biases that may affect the validity of such report: Impression management and self-deception. The present study consisted of a secondary analysis …

Assessment Of Abaqus Capabilities For Crack Growth And Calculation Of Energy Release Rate, Luis Alonso Hernandez

Open Access Theses & Dissertations

The purpose of this study was to benchmark ABAQUS modeling capabilities for crack propagation and calculation of energy release rate against closed-form analytical solutions. The crack growth capability for this study was evaluated using the following techniques: virtual crack closure technique (VCCT), X-FEM coupled with VCCT, and X-FEM coupled with cohesive segments. The capability of calculating the energy release rate was assessed by using the J-integral routine. A Double Cantilever Beam (DCB) specimen was used to conduct the study for mode I propagation, and a mixed mode bending (MMB) specimen was used to study the propagation for mixed mode I/II …

The Threat Of Domestic Bioterrorism: Fact Or Fiction, Stacy M. Langston

Open Access Theses & Dissertations

The threat of a domestic bioterrorist attack can be a daunting issue to cover. Using the analytic technique What If? Analysis a scenario was created for a domestic bioterrorism attack in Houston, TX. Indicators were developed to determine how to mitigate and respond to the attack. Recommendations were provided following the attack that can be used to prevent future attacks that were conducted in the scenario. Having a hindsight view of an attack is the best way to prevent and respond to the attack.

Mental Health And Medication Adherence As A Function Of Early Life Physical And Sexual Trauma In Hiv+ Latino Men Who Have Sex With Men, Carolina Lara

Open Access Theses & Dissertations

The objective of the study is to understand sexual risk and medication adherence among Latino HIV+ men who have sex with men (MSM) and who have a history of childhood trauma (CT; which may include unwanted sexual experiences, physical threats, physical harm and /or verbal abuse prior to the age of 16). We sampled 150 Latino adult MSM living with HIV at a clinic in El Paso, Texas that offers comprehensive HIV/AIDS services to those living on the U.S.-Mexico Border. We assessed self-reported histories of childhood abuse and participants' control expectancies not only toward sexual impulsivity, but also more generally. …

Brooklyn And The Bicycle, David V. Herlihy

Publications and Research

No abstract provided.

Innocence And Its Impact On The Reassessment Of The Utility Of Capital Punishment: Has Time Come To Abolish The Ultimate Sanction?, Vincent R. Jones, Bruce Wilson

University of Miami Law Review

No abstract provided.

The Development And Validation Of A Domestic Violence Scale Administered To Ged Program Participants To Determine The Effect On Test Performance, Andres Muro

Open Access Theses & Dissertations

Overwhelming evidence shows that domestic violence is a very serious problem affecting women in the United States. Black et al. (2010) report that approximately 34 million women in the United States, or approximately 30%, have experienced some form of violence including rape, physical, violence, and/or stalking in their lifetimes. Twenty-two percent of the victims have experienced PTSD, 15% have been injured, and 8% have needed medical care. While these statistics show that domestic violence is a serious problem, there are virtually no statistics about the extent to which domestic violence is a barrier to the academic success of Latina immigrant …

An Econometric Approach For Modeling Population Change In Arkansas, David Alexandro Ramirez

Open Access Theses & Dissertations

This study models population in the state of Arkansas using a small econometric model, and is similar to a previous demographic model developed by Fullerton and Barraza de Anda (2008). The components of population change consist of births, deaths, and net migration. Births minus deaths equal natural increase, and population in the current period is population from the previous period plus natural increase plus net migration. Births and deaths are modeled as functions of a one period autoregressive lag as well as national trends. Net migration is also modeled as a one period lag of itself in addition to relative …

Between-Language Repetition Priming In Antonym Generation: Examining Conceptual Encoding And Representation Of Adjectives, Randy Steven Taylor

Open Access Theses & Dissertations

Previous research has shown repetition priming effects between languages, suggesting that a bilingual's two languages share conceptual representation. However these studies have been conducted mainly utilizing concrete nouns as stimuli. In the present study, it was hypothesized that adjectives would produce significant between-language repetition priming. The experiment utilized a 4 (encoding task) X 2 (test language) within-subjects design in which participants (N = 64) encoded words in read only, translation English to Spanish and translation Spanish to English conditions and at test performed an antonym generation task in either Spanish or English. The results revealed that participants were significantly faster …

Traducción, El Cuerpo Y La Sombra. Jane: A Murder De Maggie Nelson, Sylvia F. Aguilar Zéleny

Open Access Theses & Dissertations

Maggie Nelson publicó Jane: A Murder en 2005 y en él se reconstruye la historia en torno a Jane Mixer. Jane fue la tercera de siete ví­ctimas de un asesino en serie a finales de los años 60. Jane, además, era tí­a materna de la autora. Este libro investiga la figura de Jane sin Jane. Maggie Nelson lo escribió preguntándose ¿puede una colección de pequeños poemas lí­ricos contar la historia de un terrible asesinato? Mi premisa es: quiero traducir esta serie de pequeños poemas lí­ricos bajo la declaración de que un caso como el de Jane Mixer continúa ocurriendo en …

Comparative Characterization Of Ni-Base Superalloys Fabricated By Laser And Electron Beam Melting Technologies, Krista Amato

Open Access Theses & Dissertations

Nickel-base superalloys have been used in cast and wrought, and powder metallurgy forms for nearly four decades for industrial and automotive applications. One drawback of cast alloys is that upon solidification, there is minimal microstructural control. Another issue to be improved is to eliminate the limitations of shapes and forms of fabricated alloys.

Rapid prototyping is a new technology of additive manufacturing that shows to be promising for the freeform fabrication of novel superalloys, including nickel-base alloys. New rapid manufacturing technologies allow us to produce parts in any shape that can be designed by computer-aided design (CAD) software. Additionally, the …

Supply Chain Management: Impact Of Customer Relationship Marketing On Performance Under Cooperation And Competition Strategies, Maria Eugenia Barua

Open Access Theses & Dissertations

The dissertation investigation proposes a modified supply chain management model that is grounded on marketing theory and the concept of production sharing. Specifically, the model challenges the traditional cooperation-conflict continuum of strategic marketing management with a new managerial approach based on a cooperation-competition continuum. I investigate the significance of the new model in explaining behaviors in the supply chain management and its performance. In addition, I investigate whether the proposed managerial continuum (cooperation-competition) is consistent with other behaviors including power, conflict, trust, and customer relationship marketing such that coordination and supply chain performance is enhanced.

The data collection from manufacturers, …

Size-Dependent Transitions In Grafted Polymer Brushes, Courtney Bosse

Open Access Theses & Dissertations

ABSTRACT

Finding probabilities in order to solve for the most likely configuration of a grafted polymer chain is easily calculated by solving a random walk problem, starting form a given point (the surface). A property of the random walk is used to describe the partition function of a polymer in terms of a sum over possible loops configurations, which simplifies tremendously the problem of calculating the partition function of the grafted polymer. Instead of solving the non-interacting random walk that has been well studied in the theory of the probability, the focus is on the problem of self-interacting random walks, …

A State-To-State Analysis Of Mexican Migration To The U.S., Avilia Bueno

Open Access Theses & Dissertations

The determinants of undocumented immigration flows from Mexican states to U.S. states utilizing data recently released by the Mexican consulate are analyzed. The impact of economic, demographic, and geographic factors on immigrant location choice in the year 2007 is analyzed using ordinary least squares, tobit, and two stage least squares to control for factors likely to be endogenous with immigration. The results generally support that immigrants tend to migrate towards states with higher Mexican immigrant populations, shorter distances, higher wages, and smaller populations. In addition, the relationship between undocumented immigration and economic freedom and the policy measures used to construct …

Three Essays Employing Cultural Value Theories To Explain Individual And National Differences In Ict Use/Adoption And Media Utilization Among Multiple Nations, Khendum Choden

Open Access Theses & Dissertations

This study investigates the impact of values on Information Communication Use/ adoption at an individual level and at the national level among advanced and emerging economies. We employ the use of Schwartz's individual values, Schwartz's cultural values and Hofstede's cultural values to empirically demonstrate its impact on multiple information communication technologies across advanced economies while controlling for demographics, GDP, income, and pronoun drop. We also study the moderating effects of culture on a variety of task characteristics and media use.