Digital Commons Network^™

Corporate Gatekeeper In Ethical Perspective, The , Christopher T. Hines

Missouri Law Review

The fallout from the financial crisis continues to inform the development of corporate and securities law, and the new regulatory landscape for economic activity within the United States is beginning to take form. This evolutionary process, however, has been anything but stable or certain. As might be expected, in concert with such momentous change in law and policy, recriminations for and associated investigations of past activity continue to affect competent regulators as well as market participants. Nevertheless, while many of the underlying causes of the financial crisis are now better understood by both policy makers and scholars, the question remains …

Currently Mandated Myopia Of Rule 10b-5: Pay No Attention To That Manager Behind The Mutual Fund Curtain, The , Kelly S. Kibbie

Missouri Law Review

This Article examines the current state of the Rule 10b-5 right of action following a constricting trilogy of Supreme Court cases that have rendered it a myopic remnant of the right previously endorsed by the United States Securities and Exchange Commission (the “SEC”) and hundreds of courts over a span of numerous decades. The Roberts Court’s pronouncement in Janus Capital Group, Inc. v. First Derivative Traders has generated an immense amount of criticism and a slew of conflicting lower court decisions. By effectively abolishing most private Rule 10b-5 claims against secondary actors, including lawyers, accountants, credit rating agencies, underwriters and …

Who Needs Tablets? We Do, George K. Thiruvathukal

Computer Science: Faculty Publications and Other Works

What role do tablets play increasingly in our daily lives? Is it possible that they could revolutionize the future of publishing and education?

Full Issue, Neutrosophic Sets And Systems

Neutrosophic Sets and Systems

No abstract provided.

Filters Via Neutrosophic Crisp Sets, A. Salama, Florentin Smarandache

Neutrosophic Sets and Systems

No abstract provided.

Neutrosophic Examples In Physics, Fu Yuhua

Neutrosophic Sets and Systems

No abstract provided.

Self-Regulatory Skills For Controlled Eating Emanating From Newly Initiated Physical Activity, James J. Annesi Ph.D., Kandice Johnson Porter

Journal of Social, Behavioral, and Health Sciences

The relationship of physical activity with weight loss may largely be due to its association with psychosocial factors. The goal of this research was to clarify such relationships using a field design lasting 24 weeks. In Study 1, change in self-regulation for controlled eating, but not energy expenditure, mediated the relationship between changes in physical activity and weight in formerly sedentary, severely obese adults (n = 174). In Study 2 (n = 148), the addition of a cognitive-behavioral nutrition treatment was associated with significantly greater improvement in self-regulation for eating. Physical activity-related self-regulation changes were related to those …

Clinicians’ Reports Of The Impact Of The 2008 Financial Crisis On Mental Health Clients, Donna M. L. Heretick

Journal of Social, Behavioral, and Health Sciences

This study investigated the impact of the 2008 economic crisis on mental health clients. One hundred and three mental health providers (101 being psychologists) from California, Colorado, and Arizona completed an online survey. Following Lazarus’ stress theory, social identity theory, and the finances-shame model, several moderator variables were evaluated for impact of financial crisis: gender, age group, previous mental health, lifestyle threat, and sources for support. As predicted, male and female clients were generally described as equally stressed, but stress responses differed. Financial role responsibilities and previous mental health were noted as predictors of stress. Men—as well as clients earning …

Seeing Is Believing: The Csi Effect Among Jurors In Malicious Wounding Cases, Corey Call, Amy K. Cook, John D. Reitzel, Robyn D. Mcdougle

Journal of Social, Behavioral, and Health Sciences

With the popularization of television crime shows that focus heavily on forensic science, such as CSI and its spin-offs, concerns about a new threat to jury trials have emerged in recent years. Dubbed the “CSI effect,” this phenomenon has reportedly come to influence the way jurors perceive forensic evidence at trials based on the way forensic evidence is presented on television. While the CSI effect has been the topic of much discussion throughout the popular press, the CSI effect has seldom been empirically tested. In this study, we present a selection of media accounts as well as criminological and …

Summer Land Surface Temperature: Small-Local Variation In Intro-Urban Environment In El Paso, Tx, Mactar Mohamed

Open Access Theses & Dissertations

ABSTRACT

It has been well documented that rapid urbanization and population growth have led to the transformation of the natural landscape into anthropogenic urban land and changed such surface physical properties as albedo, energy balance, and surface roughness. Cities, therefore, will be warmer at the urban areas than the rural lands; this situation creates a phenomenon called Urban Heat Island (UHI).

In the recent decades, numerous approaches to study the variation of land surface temperature during daytime have emerged; however, little is known about the variation during nighttime. This study addressed the spatial variation of Summer Nighttime Land Surface Temperature …

Rbd2po4: Room Temprature Synthesis, Chemical And Structural Stablity Upon Heating, Masoud Mollaee

Open Access Theses & Dissertations

Monoclinic RbD2PO4 polycrystals were synthesized via the room temperature crystallization of RbH2PO4 dissolved in D2O. Powder x-ray diffraction (XRD) data collected at T=25 ºC indicate that this deuterated compound crystallizes in space group P21/m with unit cell parameters a=7.688í?, b=6.192í?, c=4.781í? and β=109.02°, and is isomorphic with the intermediate-temperature phase of its hydrogenated counterpart rubidium dihydrogen phosphate (RDP). We found no evidence of previously reported [Phase Transitions 80, 17 (2007)] polymorphic phase transition in rubidium dideuterium phosphate (DRDP) upon heating from room temperature to 210 ºC. All lattice parameters vary smoothly within this temperature range, demonstrating that the P21/m phase …

Theoretical Communities Of Praxis: The University Writing Center A Cultural Contact Zone, Randall William Monty

Open Access Theses & Dissertations

The fundamental purpose of Theoretical Communities of Praxis: The University Writing Center as Cultural Contact Zone is to investigate the situatedness of Writing Center Studies, defining it as an autonomous (sub)discipline and interdisciplinary contact zone within the larger discipline of Rhetoric and Composition. In order to meet this objective, a "Communities of Praxis" methodological and theoretical framework, based on scholarship of Critical Discourse Analysis, ecocomposition, and Contextualist Research Paradigm, is applied in the analysis of a variety of WCS discourses. In doing so, WCS is repositioned as a series of interrelated, triangulated contact zones that are based on collaborative interactions …

Mouth To Mouth, Blake Nemec

Open Access Theses & Dissertations

NA

Neutrosophic Measure And Neutrosophic Integral, Florentin Smarandache

Neutrosophic Sets and Systems

No abstract provided.

Kinematic And Dynamic Collision Statistics Of Cloud Droplets From High-Resolution Simulations, Bogdan Rosa, Hossein Parishani, Orlando Ayala, Wojciech W. Grabowski, Lian-Ping Wang

Engineering Technology Faculty Publications

We study the dynamic and kinematic collision statistics of cloud droplets for a range of flow Taylor microscale Reynolds numbers (up to 500), using a highly scalable hybrid direct numerical simulation approach. Accurate results of radial relative velocity (RRV) and radial distribution function (RDF) at contact have been obtained by taking advantage of their power-law scaling at short separation distances. Three specific but inter-related questions have been addressed in a systematic manner for geometric collisions of same-size droplets (of radius from 10 to 60 μm) in a typical cloud turbulence (dissipation rate at 400 cm² s^-3. Firstly, …

Factors Influencing Social, Cultural, And Academic Transitions Of Chinese International Esl Students In U.S. Higher Education, Akiko Ota

Dissertations and Theses

The U.S. is the leading nation for international students to pursue higher education; the majority of whom are from countries with significant differences in culture and language from American students. As such, many international students start higher education in ESL support programs. While on the surface international students supposedly add cultural and linguistic diversity to American higher education by contributing to the internationalization of campuses, international students' transition into U.S. life and academe is often fraught with challenges including culture shock, adjusting to the new environment and society, adjustment to norms of academic performance, acquisition of academic and language skills, …

Redeeming Transect Zoning?, Nicole Stelle Garnett

Journal Articles

Thanks to the growing influence of the new urbanists- a group of architects aid urban-planning professionals who promote the development of mixed-land-use neighborhoods- "transect zoning" is becoming the zoning reform du jour. Over the last few decades, the new urbanists have mounted a remarkably successful public-relations campaign against traditional zoning practices and the suburban land use patterns that they mandate. The new urbanists' case against zoning is part antisuburban polemic and part pro-urban philosophy. At heart, the new urbanists' claim is that cities are good for us-and suburbs are bad. Or, to put the claim into social-science terminology, the new …

Wild Bearded Capuchin Monkeys (Sapajus Libidinosus) Strategically Place Nuts In A Stable Position During Nut-Cracking, Dorothy M. Fragaszy, Qing Liu, Barth Wright, Angellica Allen, Callie Welch Brown, Elisabetta Visalberghi

Faculty and Staff Publications

Humans can use hand tools smoothly and effectively in varying circumstances; in other words, skillfully. A few other species of primates crack encased foods using hammer tools and anvils. Are they skilled? Positioning the food on the anvil so that it does not fall off when struck is a component of skilled cracking. We discovered that bearded capuchin monkeys deliberately place palm nuts in a relatively stable position on the anvil before striking them. In the first experiment, we marked the meridians of palm nuts where they stopped when rolled on a flat surface ("Stop meridian"). We videotaped monkeys as …

Gerontology And The Law: A Selected Annotated Bibliography: 2009-2011 Update, Karen Skinner

Publications

No abstract provided.

The Story Of Kleppe V. New Mexico: The Sagebrush Rebellion As Un-Cooperative Federalism, Robert L. Fischman, Jeremiah I. Williamson

University of Colorado Law Review

federal power advancing national conservation objectives collided with traditional, local economic interests on public lands in the 1970s. This Article connects that history with current approaches to natural resources federalism. New Mexico challenged the Wild Free-Roaming Horses and Burros Act, which diminished both state jurisdiction and rancher influence over public rangelands. In response, the Supreme Court resoundingly approved federal authority to reprioritize uses of the public resources, including wildlife, and spurred a lasting backlash in the West. Further legislation passed in the wake of Kleppe transformed this unrest into a political movement, the Sagebrush Rebellion. Though Kleppe failed to undermine …

The Rise Of The Transgender Child: Overcoming Societal Stigma, Institutional Discrimination, And Individual Bias To Enact And Enforce Nondiscriminatory Dress Code Policies, Holly V. Franson

University of Colorado Law Review

School districts are often called upon to adapt school policies in response to changing student populations, and transgender students appear to be an emerging student population. Schools should adopt nondiscriminatory and inclusive dress code policies to accommodate transgender students. Recently, awareness and advocacy on behalf of children who can be classified as transgender have increased. Unfortunately, despite this increase in awareness and advocacy, transgender students continue to face unique obstacles in the school environment, including bullying, as a result of being transgender. Because the primary means through which transgender students express their identified genders is through their dress, schools should …

No Seat At The Water Table: Colorado's New Groundwater Basin Statute Leaves Senior Surface Rights In The Lurch, Ari J. Stiller-Shulman

University of Colorado Law Review

Wells that pump water from underground aquifers deplete water flowing in nearby rivers and streams. Colorado farmers in certain parts of the state use wells to pump large quantities of underground water for irrigation. However, other users who had pre-existing surface-water rights on nearby streams have complained that these wells drain the river and injure their prior vested water rights. Normally, surface water users with prior rights can require more junior users to stop appropriating until the senior user has diverted her full right. However, Colorado presumes that wells in certain districts-called designated basins-do not injure nearby surface streams. Still, …

I'Ll Huff And I'Ll Puff And I'Ll Blow Your House Down: The Argument For The Ability To Purchase Your Neighbor's Wind, Emily J. Wasserman

University of Colorado Law Review

Wind power capacity has increased substantially over the past decade. This growth in capacity is partially attributable to the policies that federal and state governments have enacted to help developers overcome the economic barriers to building commercial-scale wind facilities. However, the existing economic policies have a limited ability to continue to incentivize development of new wind power capacity. Therefore, if wind power capacity is going to continue to grow so that wind power eventually supplies enough electricity to meet a significant amount of the United States' energy needs, states need to supplement the economic policies with other, noneconomic policies. Specifically, …

Table Of Contents (Vol. 84, Issue 4)

University of Colorado Law Review

No abstract provided.

Misguided Patent Reform: The Questionable Constitutionality Of First-To-File, Andrew L. Sharp

University of Colorado Law Review

American cigarette warning labels are lackluster compared to others around the world. To address this inadequacy, the FDA created nine graphic-image cigarette warning labels that were scheduled to appear on all cigarette packages sold in the US beginning in 2012. However, before they debuted, the D.C. Circuit Court of Appeals struck the labels down in R.J. Reynolds Tobacco Co. v. FDA, holding that they constituted compelled commercial speech in violation of the First Amendment. This Note argues that the R.J. Reynolds decision conflicts with the Supreme Court's commercial speech jurisprudence. Historically, the Supreme Court has applied limited First Amendment protection …

State V. Henderson: A Model For Admitting Eyewitness Identification Testimony, Amy D. Trenary

University of Colorado Law Review

Eyewitness identification testimony is notoriously unreliable and has significantly contributed to wrongful convictions. Most courts use the standard set forth by the Supreme Court in Manson v. Brathwaite to assess whether eyewitness identifications are sufficiently reliable to present to the jury. But in the thirty-five years since Manson, an extensive body of research has amassed that calls into question the continuing validity of that standard. Researchers have identified numerous system variables (procedural elements subject to official control) and estimator variables (factors related to the witness, perpetrator, and event) that affect the accuracy of eyewitness identifications. The Manson standard fails to …

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.

Lawyering For Groups: The Case Of American Indian Tribal Attorneys, Kristen A. Carpenter, Eli Wald

Publications

Lawyering for groups, broadly defined as the legal representation of a client who is not an individual, is a significant and booming phenomenon. Encompassing the representation of governments, corporations, institutions, peoples, classes, communities, and causes, lawyering for groups is what many, if not most, lawyers do. And yet, the dominant theory of law practice--the Standard Conception, with its principles of zealous advocacy, nonaccountability, and professional role-based morality--and the rules of professional conduct that codify it, continue to be premised on the basic antiquated assumption that the paradigmatic client-attorney relationship is between an individual client and an individual attorney. The result …