Digital Commons Network^™

Perceptions Of Dimensions Of Service Quality And Recreational Benefits In Collegiate Recreational Sports Programs, Christopher Berne Denison

Dissertations and Theses @ UNI

An enduring and essential element of collegiate recreational sports programs is an emphasis on providing high quality, high impact programs and services. In addition, participants in collegiate recreation settings have an expectation to receive benefits as a result of their participation. If recreational sport programs cannot meet the expectations of participants in their pursuit of these benefits, continued participation is unlikely. As collegiate recreational professionals work to continually improve their programs and services, they should also understand the needs and wants of their participants. Understanding what participant needs and wants are should allow leisure service providers to improve the programs …

On "Unease" And "Idealism": Reflections On Pope Benedict Xvi's Educating Young People In Justice And Peace And Its Message For Law Teachers, Lucia A. Silecchia

Scholarly Articles

Pope Benedict XVI recently wrote about the challenges facing those who have the responsibility for the education of the next generation. His insights, expressed last year, were addressed not simply to a Catholic audience but to all who look to the future and see the obligation to train young people "in justice and peace" to be a noble vocation and one solution to some of the difficulties that face the modern world. Although it was not directed to, or intended primarily for, law professors, the document has much to say to those whose vocation lies in legal education. This essay …

In Memoriam: Edmund D. Pellegrino, George P. Smith Ii

Scholarly Articles

No abstract provided.

You Have The Right To Remain Silent: Does The U.S. Constitution Require Public Affirmation Of Same-Sex Marriage?, Robert A. Destro

Scholarly Articles

The political and legal campaign for marriage equality rests on the proposition that the Constitution of the United States requires communal recognition of committed, same-sex relationships. The text, structure, and history of the amended Constitution, however, support precisely the opposite conclusion: i.e., that neither the United States nor any state may compel any community, association, or individual to affirm (by word, deed, or policy) the hotly disputed propositions about human sexuality that lie at the core of the debate. Nor can it plausibly be argued that any part of the Constitution requires any person, association, or polity to remain discreetly …

Charitable Contributions Of Property: A Broken System Reimagined, Roger Colinvaux

Scholarly Articles

On average, nearly $46 billion of property is given to charitable organizations each year, about twenty-five percent of the total charitable deduction. This makes the charitable contribution deduction for property a tax expenditure within a tax expenditure, yet it is rarely analyzed as such. It emerged as part of a noble effort to encourage contributions to worthy organizations. But the deduction for property has never worked well. The general rule allowing a deduction based on the fair market value of the property may have some intuitive appeal, but its implementation has yielded numerous exceptions and immense complexity. The Article argues …

Taxpayers As Victims: Taxpayer Harm & Criminalization, Brenner M. Fissell

Faculty Publications

No abstract provided.

Economics And/Of Science: The Meaning(S) Of Financial Bias And The Ideal Of Interest-Free Science In Law, David S. Caudill

Faculty Publications

Images of scientific research and funding conventions are important in legal contexts when, for example, a trial judge or agency administrator evaluates the integrity of a scientific expert or risk assessment report — is industry affiliation or sponsorship of research a marker of bias, and should the results of “independent” research be given greater weight? In the discourse concerning the commercialization of science, there is a geography of positions reflecting different images of how science is affected by, or alternatively rises above, financial or economic pressures or entanglements. Of course, science costs and has always cost a lot of money, …

Phase Transitions In Disordered Systems, Fawaz Y. Hrahsheh

Doctoral Dissertations

"Disorder can have a wide variety of consequences for the physics of phase transitions. Some transitions remain unchanged in the presence of disorder while others are completely destroyed. In this thesis we study the effects of disorder on several classical and quantum phase transitions in condensed matter systems. After a brief introduction, we study the ferromagnetic phase transition in a randomly layered Heisenberg magnet using large-scale Monte-Carlo simulations. Our results provide numerical evidence for the exotic infinite-randomness scenario. We study classical and quantum smeared phase transitions in substitutional alloys A₁₋ₓBₓ. Our results show that the disorder completely destroys the phase …

Quantum Phase Transitions In Impurity Models And Percolating Lattices, Manal M. Al-Ali

Doctoral Dissertations

"This thesis investigates the influence of random disorder and dissipation on zero-temperature quantum phase transitions. Both phenomena can fundamentally change the character of the phases of a quantum many-particle system and of the transitions between them. If dissipation and disorder occur simultaneously in a system undergoing a quantum phase transition, particularly strong effects can be expected. In the first paper reproduced in this thesis, we study a single quantum rotor coupled to a sub-Ohmic dissipative bath. We find that this system undergoes a quantum phase transition from a delocalized phase to a localized phase as the dissipation strength is increased. …

Processing, Microstructural Evolution And Electrochemical Performance Relationships In Solid Oxide Fuel Cells, Ayhan Sarikaya

Doctoral Dissertations

"The relationships between the processing parameters, microstructures and electrochemical performance of solid oxide fuel cell (SOFC) components were investigated. The operating regimes (i.e., reducing vs. oxidizing) as well as the elevated temperatures (e.g. 800°C) for their operation introduce several material challenges. Therefore, composite materials are employed to withstand operating conditions while providing sufficient electrochemical performance for fuel cell operation. Analyses on lanthanum-strontium manganite (LSM) - yttria stabilized zirconia (YSZ) compositions (45 vol%-55 vol%) by impedance spectroscopy demonstrated that two competing polarization mechanisms (i.e. charge-exchange and surface adsorption-diffusion of oxygen) limit performance. Optimization of microstructures resulted in total resistances as low …

Risk Analysis: Comparative Study Of Various Techniques, Hanan Mohammad Altabbakh

Doctoral Dissertations

"Researchers in the safety field are facing more challenges everyday with the expanding modern socio-technical systems. Safety analysis such as hazard analysis, accident causation analysis, and risk assessment are being revisited to overcome the shortcoming of the conventional safety analysis. With increasingly complex human system interaction in today's modern systems, new safety challenges are being faced that needed to be assessed and addressed. Managers and engineers face the challenge to choose from the vast amount of techniques available and utilize the correct one. Indeed, new or improved risk assessment tools that can address these complexities are needed. One of the …

Shear And Fracture Behavior Of High Performance Concretes, Mahdi Arezoumandi

Doctoral Dissertations

"Concrete is the most widely used man-made material in the world. Like other materials, it has been improved over time. Nowadays, with continued development of science and technology, a new generation of concretes is produced and is termed high performance concretes. A review of previously published work indicates that very few studies (in some cases none) have addressed the structural behavior of full-scale, high performance concrete elements. This study investigated the shear and fracture behavior of two types of high performance concrete - high-volume fly ash concrete (HVFAC) and self-consolidating concrete (SCC). The HVFAC incorporates up to 70% cement replacement …

Social-Context Based Routing And Security In Delay Tolerant Networks, Roy A. Cabaniss

Doctoral Dissertations

"Delay Tolerant Networks (DTNs) were originally intended for interplanetary communications and have been applied to a series of difficult environments: wireless sensor networks, unmanned aerial vehicles, and short-range personal communications. There is a class of such environments in which nodes follow semi-predictable social patterns, such as wildlife tracking or personal devices. This work introduces a series of algorithms designed to identify the social patterns present in these environments and apply this data to difficult problems, such as efficient message routing and content distribution. Security is also difficult in a mobile environment. This is especially the case in the event that …

Front Matter

Language Arts Journal of Michigan

No abstract provided.

“As Palpable As This Which Now I Draw”: Getting Graphic With Macbeth, Joseph Haughey

Language Arts Journal of Michigan

No abstract provided.

Reframing The Graphic Novel For In-Service Teachers: Reading, Writing, And Creating Comics, Joellen Maples

Language Arts Journal of Michigan

No abstract provided.

Data Fusion Techniques For Nondestructive Evaluation And Medical Image Analysis, Soumya De

Doctoral Dissertations

"Data fusion is a technique for combining data obtained from multiple sources for an enhanced detection or decision. Fusion of data can be done at the raw-data level, feature level or decision level. Applications of data fusion include defense (such as battlefield surveillance and autonomous vehicle control), medical diagnosis and structural health monitoring. Techniques for data fusion have been drawn from areas such as statistics, image processing, pattern recognition and computational intelligence. This dissertation includes investigation and development of methods to perform data fusion for nondestructive evaluation (NDE) and medical imaging applications. The general framework for these applications includes region-of-interest …

Bioactive Glass Scaffolds For The Regeneration Of Load-Bearing Bone, Xin Liu

Doctoral Dissertations

"Biocompatible scaffolds that replicate the structure and function of bone would be ideal bone substitutes for structural bone loss, provided they have the requisite mechanical properties for reliable long-term loading. In this dissertation, strong porous scaffolds of silicate 13-93 bioactive glass, created with two different microstructures, were evaluated to determine their mechanical properties and their capacity to regenerate bone in a rat calvarial defect model. Scaffolds with an oriented microstructure of columnar pores were prepared by unidirectional freezing of camphene-based suspensions, followed by thermal annealing and sintering. By optimizing the freezing conditions, annealing time, and sintering temperature, constructs (porosity = …

Nanoscale Metal Oxide And Supported Metal Catalysts For Li-Air Battery, Kan Huang

Doctoral Dissertations

"The dissertation work focuses on research and development of durable nanoscale catalysts and supports for rechargeable Li-air batteries that use aqueous catholytes. Transition metal oxides, TiO₂ and Nb₂O₅ in particular, were prepared from a sol-gel process in the form of nanocoatings (5~50 nm) on carbon nanotubes (CNTs) and studied as catalyst supports. Carbon doping in the oxides and post annealing significantly increased their electronic conductivity. Pt catalyst on the support with TiO₂ (Pt/c-TiO₂/CNTs) showed a much better oxygen reduction reaction (ORR) activity than a commercial Pt on carbon black (Pt/C). Negligible loss ( …

Home Range And Movements Of Greater Sage-Grouse In Its Southern-Most Distribution, S. Frey

All Current Publications

In Utah Greater sage-grouse (sage-grouse) habitat has been reduced to 50% of what is considered historical availability, due to habitat degradation and loss. We conducted a small study to determine the home range size, space use, and movement patterns of the southern-most sage-grouse population to facilitate future management actions to benefit sage-grouse.

Who Regulates The Smart Grid?: Ferc's Authority Over Demand Response Compensation In Wholesale Electricity Markets., Joel B. Eisen

Law Faculty Publications

This Article argues that Order 745 is both justified under the Federal Power Act (FPA) and important to ensure the transition to a clean energy future. A challenge to Order 745, Electric Power Supply Association v. FERC, is currently pending in the D.C. Circuit. This Article contends that Order 745 should be upheld against this challenge because it fits within FERC's broad authority to regulate the wholesale power markets.

When The Government Attempts To Change The Board, Investors Should Know, William O. Fisher

Law Faculty Publications

In 2008 and 2009, the federal government effectively hired and fired directors at American International Group and Bank of America. At AIG, the government exercised its power through the ownership of voting stock, which meant that the company’s public securities filings revealed the government influence, though at times slowly and at times only by inference. At BofA, by contrast, the government imposed its will through an unpublished bank regulatory action, and no securities filing provided even a hint of the federal role. The fact that current law allows the government to secretly reconstitute the governing bodies of multi-billion-dollar, publicly traded …

Designation Of The Grand Staircase-Escalante National Monument And The Impact On Trust, Peggy Petrzelka, Sandra Marquart-Pyatt, Michael Iacolucci

All Current Publications

It’s a well-known, and often repeated, story in Utah. In September of 1996, without prior warning to most Utah residents, the Clinton Administration announced the creation of the Grand Staircase-Escalante National Monument (GSENM) in southern Utah.

Copyright Infringement Of Music: Determining Whether What Sounds Alike Is Alike, Margit Livingston, Joseph Urbinato

Vanderbilt Journal of Entertainment & Technology Law

The standard for copyright infringement is the same across different forms of expression. But musical expression poses special challenges for courts deciding infringement disputes because of its unique attributes. Tonality in Western music offers finite compositional choices that will be pleasing or satisfying to the ear. The vast storehouse of existing public domain music means that many of those choices have been exhausted. Although independent creation negates plagiarism, the inevitable similarity among musical pieces within the same genre leaves courts in a quandary as to whether defendant composers infringed earlier copyrighted works or simply found their own way to a …

Decertifying Players Unions: Lessons From The Nfl And Nba Lockouts Of 2011, Nathaniel Grow

Vanderbilt Journal of Entertainment & Technology Law

This Article analyzes the National Football League (NFL) and National Basketball Association (NBA) lockouts of 2011, focusing in particular on the role union dissolution played in each work stoppage. Although the existing academic literature had generally concluded that players unions in the four major US professional sports leagues were unlikely to disband during a labor dispute, the unions in both the NFL and NBA elected to dissolve in response to lockouts by ownership. This Article provides an explanation for why the prior literature misjudged the role that union dissolution would play during the 2011 work stoppages. It argues that previous …

The Social Network And The Crowdfund Act: Zuckerberg, Saverin, And Venture Capitalists' Dilution Of The Crowd, John S. (Jack) Wroldsen

Vanderbilt Journal of Entertainment & Technology Law

By virtue of Title III of the JOBS Act, signed into law on April 5, 2012, crowdfunding could become a powerful, even revolutionary, force to finance start-up companies. It democratizes entrepreneurs' access to seed capital and converts the masses of Internet users into potential retail venture capitalists. Many have cautioned, though, that crowdfunding poses serious investment risks of start-up companies failing, committing fraud, and being mismanaged. Accordingly, the JOBS Act includes numerous disclosure obligations designed to mitigate such downside risks.

But what has been overlooked, and what this Article analyzes from a venture capitalist perspective, is that even if a …

Tax Incentives For Innovation In A Modern Ip Ecosystem, Joshua Chao

Vanderbilt Journal of Entertainment & Technology Law

Technological innovation is a long-recognized catalyst for economic growth in the United States, and its promotion is an important feature of national economic policy, as evidenced by the presence of various tax incentives for innovation in the US Internal Revenue Code. Tax incentives are an important means by which governments can deliver subsidies to promote such innovation. To be effective, however, any system of tax incentives must be tailored for current economic conditions and competitive landscapes. In the current ecosystem of innovation in the United States, this means that, at the very least, the incentives for innovation in the US …

The Derivative Right,Or Why Copyright Law Protects Foxes Better Than Hedgehogs, Daniel Gervais Ph.D.

Vanderbilt Journal of Entertainment & Technology Law

The derivative right is at the very core of copyright theory. What can and cannot be reused to create a new work impacts freedom of expression but also impacts the value of the markets for works and their various "derivatives." The derivative right includes forms of derivation and adaptation, such as making a movie from a novel or translating a book. It also covers what this Article refers to as penumbral derivatives, which the US Copyright Act captures using the phrase "based upon" with respect to preexisting works. This leads to indeterminacy about the scope of the derivative right, which …

Wipo And The American Constitution: Thoughts On A New Treaty Relating To Actors And Musicians, Hannibal Travis Professor Of Law

Vanderbilt Journal of Entertainment & Technology Law

The World Intellectual Property Organization (WIPO) is seeking to reform U.S. copyright law. The WIPO Treaty on Audiovisual Performances (AV Treaty) would restrict the communication of actors' and musicians' performances without authorization. The treaty would probably make it illegal to display or show clips of performances, or make a movie or YouTube video by transforming or adapting other actors' or musicians' performances, particularly when the original credits and copyright information are dropped. This Article analyzes key provisions of the AV Treaty to ascertain whether they change US law, or merely globalize existing US doctrines. This Article describes the threat posed …

Guantanamo's Greatest Hits: The Semiotics Of Sound And The Protection Of Performer Rights Under The Lanham Act, John Tehranian

Vanderbilt Journal of Entertainment & Technology Law

As Bruce Springsteen and Ronald Reagan, Jackson Brown and John McCain, and Tom Morello and Paul Ryan can attest, the exploitation of creative works for political or commercial purposes that run contrary to artists' ideals can stir passions and trigger lawsuits. Yet for performers who are not authors of the exploited works, there is little meaningful legal relief provided by the federal Copyright Act. Instead, such performers--from featured singers and dancers to actors and other personalities known for their distinctive traits--have leaned on alternative theories for recovery, thereby raising the specter of liability outside of copyright law for such unwelcome …