Digital Commons Network^™

Like A Glass Slipper On A Stepsister: How The One Ring Rules Them All At Trial, Cathren Koehlert-Page

Nebraska Law Review

This article will present the literary concept of endowed objects, provide examples of endowed objects in literature, provide examples of endowed objects in trials, and then discuss how attorneys can identify and use evidence to create an endowed object. Part II of this article explains why endowed objects are useful at trial. Part III defines endowed objects, explains the similarities and differences between endowed objects and other symbols, and illustrates the use of both in fiction and at trial. Part IV describes the process of endowing an object in both fiction narratives and legal narratives. Part V discusses how endowed …

Masthead And Table Of Contents

Nebraska Law Review

No abstract provided.

It Is Time The Law Begins To Protect Consumers From Significantly One-Sided Arbitration Clauses Within Contracts Of Adhesion, Anjanette Raymond

Nebraska Law Review

Businesses are accused of using arbitration as a private dispute resolution system that shields their transgressions from public scrutiny, uses arbitrators and institutions that are perceived as biased, and prevents any real means of justice to the consumer. Something must be done to ensure that consumers facing mandatory arbitration clauses within contracts of adhesion are protected from businesses that seek to use arbitration as an advantageous means to resolve disputes. The American public, a section of Congress, and the arbitration community are all responding, but out-of-date law and recent decisions are thwarting their efforts. It is time for Congress to …

Assessing Institutional Ability To Support Adaptive, Integrated Water Resources Management, Christina M. Hoffman, Sandra Zellmer

Nebraska Law Review

At a time when many, if not all, western states are under pressure to redefine how water resources are managed, this Article provides insight into how one state—Nebraska—has attempted to modify the water management institutions within its borders to implement more integrated management approaches that embrace flexibility and adaptability. Nebraska is a state that has extensive surface and groundwater development and different legal systems and management agencies for governing surface and groundwater resources. This late in the game, the state is unlikely to assimilate governance of surface and groundwater resources into a single, overarching legal system. Instead, Nebraska has adopted …

Hydropower: It’S A Small World After All, Gina S. Warren

Nebraska Law Review

Part I of this Article will explore the history and rise of hydroelectric power generation—from water mills to mega dams—and its regulation in the United States. The water mill was one of the first mechanisms used by mankind to harness power. It is a simple use of momentum to create energy. Water mills were used to grind grain, saw logs, create textiles, and fashion tools. As societies evolved, so did the use of water mills, and once electricity and generators arrived on the scene in the late 1800s, hydropower proved to be an efficient means of producing electricity. By the …

Children And Categorization: Maintaining A Standard For Recognizing Speech Categories In Brown V. Entertainment Merchants Ass’N, 131 S. Ct. 2729 (2011), Erick D. Reitz

Nebraska Law Review

The freedom to speak one’s mind free of persecution has long occupied a place of particular gravity in American culture. At its core is the idea that government cannot control our access to certain ideas by restricting some messages but not others—it prohibits government from discriminating against content. To be workable, however, this right must acknowledge exceptions, and it does so by allowing discrimination against certain types of speech to bypass this strict First Amendment protection. So while the Supreme Court prohibits discrimination of most content, there are a few types of speech, such as libel or incitement, that receive …

Law School Marketing And Legal Ethics, Ben Trachtenberg

Nebraska Law Review

This Article will show that although Paul Pless, Assistant Dean for Admissions and Financial Aid at the University of Illinois College of Law, and Mark Sargent, the Dean of Villanova University School of Law, acted with unusual mendacity, misrepresentation in law school marketing is by no means unique to a few bad actors at a handful of law schools. Part II describes many ways in which law school officials have used deceit and misrepresentation, along with misleading statistics, to market legal education. In addition to highlighting examples of particularly egregious marketing, it depicts how the common presentation of employment statistics …

Custody Of The Confined: Consideration Of The School Setting In J.D.B. V. North Carolina, 131 S. Ct. 2394 (2011), Kelli L. Ceraolo

Nebraska Law Review

The recent United States Supreme Court decision in J.D.B. v. North Carolina illustrates the Court’s continuing efforts to clarify when Miranda warnings are necessary. The Miranda framework requires courts to decide whether, under the circumstances of the interrogation, a reasonable person would have felt free to end the interrogation and leave. This usual framework cannot properly be applied to interrogations of suspects taking place in the K–12 school setting because a reasonable person in those circumstances would not feel free to leave even without the police presence. In this setting, where the suspect is already confined, a special rule is …

Forging Toward Coexistence, Laurie J. Beyranevand

Nebraska Law Review

This Article argues that because current federal policies hamper the ability of organic and non-GE farmers to ensure the safety and authenticity of their products, the AC21 needs to meet its charge and reach consensus on USDA supported mechanisms that encourage and facilitate farmers to develop long term, viable solutions that address the interests of all parties. Without USDA support, farmers have little incentive to attempt collaboration under the umbrella of existing federal policies. Part II of this Article provides a detailed history of the regulatory scheme that governs genetically engineered plants and products and demonstrates the clear preference for …

Latinos In Massachusetts Selected Areas: Lynn, Nahant, And Saugus, Phillip Granberry, Sarah Rustan, Faye Karp

Gastón Institute Publications

This report provides a descriptive snapshot of selected economic, social, educational, and demographic indicators pertaining to Latinos in the cities of Lynn, Nahant, and Saugus. It reflects a commitment by UMass Boston’s Mauricio Gastón Institute for Latino Community Development and Public Policy to provide periodic updates on the growing Latino population in Massachusetts.

The report on Lynn, Nahant, and Saugus is part of a larger series that covers fourteen other cities, or clusters of cities, in the Commonwealth of Massachusetts. Each report analyzes data from the 2010 American Community Survey (ACS) conducted by the U.S. Census Bureau. Data are analyzed …

Latinos In Massachusetts Selected Areas: Worcester, Phillip Granberry, Sarah Rustan, Faye Karp

Gastón Institute Publications

This report provides a descriptive snapshot of selected economic, social, educational, and demographic indicators pertaining to Latinos in Worcester. It reflects a commitment by UMass Boston’s Mauricio Gastón Institute for Latino Community Development and Public Policy to provide periodic updates on the growing Latino population in Massachusetts.

The report on Worcester is part of a larger series that covers fourteen other cities, or clusters of cities, in the Commonwealth of Massachusetts. Each report analyzes data from the 2010 American Community Survey (ACS) conducted by the U.S. Census Bureau. Data are analyzed by Public Use Microdata Area (PUMA), which consists of …

Teaching For Tomorrow: Utilizing Technology To Implement The Reforms Of Maccrate, Carnegie, And Best Practices, Stephen Johnson

Nebraska Law Review

More than a half century ago, famed educator John Dewey predicted that, “[I]f we teach today’s students as we taught yesterday’s, we rob them of tomorrow.”1 While Dewey was not referring to legal education, the legal education community has echoed his call for reform for decades.2 Critics routinely assert that the “Socratic Method” and Christopher Columbus Langdell’s “Case Method”3 that are still employed by many law professors4 fail to provide students with a variety of important skills that are necessary to practice law.5 Further, critics argue that those traditional methods fail to adequately focus students on the important issues of …

Private Memorials On Public Space: Roadside Crosses At The Intersection Of The Free Speech Clause And The Establishment Clause, Amanda Reid

Nebraska Law Review

Private roadside memorials are part of a growing trend among the bereaved who seek to “make sense of senseless deaths” along the public roadways.2 These memorials, which often feature a Latin cross, are part of deeply meaningful bereavement practices that support the grieving process. As such, these memorials are created to satisfy a human need during a time of crisis and are, therefore, largely constructed without regard to the legality of erecting such markers.3 Courts have yet to provide clear guidance on the constitutionality of erecting and maintaining these private memorials on public spaces. This Article considers the constitutional guideposts …

The Last Rites Of Public Campaign Financing?, James Sample

Nebraska Law Review

This Article asserts the current predicament of public campaign financing is this: options that are still on the table under the Court’s First Amendment jurisprudence are, with only rare and idiosyncratic exceptions, fiscal and political non-starters. Conversely, options that would be, and indeed previously had been, fiscally and politically viable, are now, even after years of their routine practice in varied jurisdictions, no longer constitutional. It is, in short, simultaneously a legal and practical dilemma. Short of highly unlikely swings of the Supreme Court pendulum, and absent an even more unlikely constitutional amendment, cities, states, and federal government actors, who …

Give Me Your Tired, Your Poor, Your Particular And Socially Visible Masses: The Eighth Circuit’S New Standard Governing Particular Social Group Asylum Applications After Gaitan V. Holder, 671 F.3d 678 (8th Cir. 2012), Christopher J. Preston

Nebraska Law Review

For many noncitizens today, the law of asylum exists as the sole route to lawful residence in the United States. The safety and relief that the mere borderlines of our nation secure for some of the most desperate and oppressed are accessed only through this one body of law. Though it may not say so on the pedestal of the Statue of Liberty, passage through Emma Lazarus’s “golden door”1 (or, in other cases, permission to stay on this side of the door) for “the homeless, tempesttost” 2 requires, for many, navigation through the modern obstacles of asylum law. Needless to …

The Eleven Nocturnes For Solo Piano Of Lowell Liebermann: A Field-Chopin-Faure Lineage, Martin Harvey

Graduate Theses, Dissertations, and Problem Reports (ETD)

Since 1987, Lowell Liebermann (b. 1961) has composed eleven piano Nocturnes, making him the most significant recent contributor to the genre. This research analyzes these Nocturnes, six of which have no previously published analysis. This paper also considers Liebermann's Nocturnes as a continuation of the tradition of nocturne-writing, initiated in the nineteenth century by composers like John Field and continued by Fryderyck Chopin and Gabriel Faure. Numerous composers have written Nocturnes since Faure's opus 119 in 1921; however no one did so with an interest as marked as Liebermann's. Moreover, Liebermann shares with Faure many stylistic features. Liebermann is therefore …

Is Bisphenol-A Exposure During Pregnancy Associated With Blood Glucose Levels Or Diagnosis Of Gestational Diabetes?, Candace A. Robledo, Jennifer D. Peck, Julie A. Stoner, Hélène Carabin, Linda Cowan, Holger M. Koch, Jean R. Goodman

School of Medicine Publications

Recent epidemiological studies indicate bisphenol A (BPA), an estrogenic chemical used in production of epoxy, polycarbonate, and plastic may increase risk of insulin resistance and type 2 diabetes. Exposure to BPA during pregnancy may contribute to development of gestational diabetes mellitus (GDM), a precursor to type 2 diabetes in women. This pilot study examined the association between BPA exposure, fasting blood glucose levels (FBG), and GDM diagnosis during pregnancy. Banked urine samples from 22 cases of GDM and 72 controls were analyzed for total (free BPA + conjugates) urinary BPA concentrations (μg/L). FBG levels (mg/dl) were obtained from 1-h 50-g …

Evaluating Biodegradable Containers As Alternatives To Plastic Pots, Renee L. Conneway

Graduate Theses, Dissertations, and Problem Reports (ETD)

Marked improvements in the sustainability of the horticulture industry have occurred over the last few decades. Movement towards better management practices in areas such as pesticide (IPM), fertilizer application and water usage characterizes today's industry. However, several obstacles have to be overcome for true long-term sustainability of the ornamental horticulture industry. One of these obstacles is the abundant use of plastics in the horticulture industry. This research focused on reducing the industry's plastic waste stream by evaluating the effects of biodegradable pots on plant growth parameters and substrate chemistry, as well as characteristics of biodegradable pots such as strength and …

The Lantern Walk, Georgia Southern University

George-Anne Media Group: Newsletters & Magazines

• Fall 2013 Ceremonies
• History of the Lantern Walk
• A Letter from the President
• Through the Years

In Support Of The American Symphony: An Examination Of Young People And Technology, Melody Fisher

EWU Masters Thesis Collection

No abstract provided.

Using Phishing To Test Social Engineering Awareness Of Financial Employees, Rebecca M. Long

EWU Masters Thesis Collection

"Social engineering is the biggest security threat to financial institutions because it exploits the weakest link in any security system: the human element. It is proposed here that combining specialized training on social engineering followed by repeated audit tests will be more effective at lowering employee vulnerability than standard security training alone. This research developed a training module specializing in social engineering with an extra emphasis on phishing, then used phishing trials on financial employees to audit their awareness and knowledge of social engineering to determine if it lowers the vulnerability level to phishing attacks"--Document.

The Game Of Lights Out, Rebecca S. Meyer

EWU Masters Thesis Collection

"The game of Lights Out is a game with simple rules but an intriguing mathematical structure. The goal of this paper is to first introduce a basic overview of the classic game including game rules and methods for finding solutions, and then extend these concepts using many different mathematical tools. An analysis of special game moves called quiet patterns and a solution method called light chasing will be addressed. A deeper examination of the abstract structure of the game board and the implications of this structure will be started as well as suggested possibilities for further research"--Document.

Predation, Turbidity, And Other Factors Influencing Juvenile Salmonid Survival In The Lower Snake River, Devin M. Sontag

EWU Masters Thesis Collection

"The object of this study was to quantify consumption rates of juvenile salmonids by three introduced species, smallmouth bass (Micropterus dolomieu), walleye (Sander vitreus) and channel catfish (Ictalurus punctatus). Consumption information is crucial because the construction of the Snake River hydrosystem has created a series of reservoirs, which have altered the river 's flow regimes, riparian vegetation, and turbidity. Further, several non-native fishes have been introduced as sport fish into the Lower Snake River. This combination of physical alterations and new biological interactions with introduced species has reduced the survival of anadromous salmonids in the Lower Snake River. Currently all …

The Impact Of Service-Learning On Academics Related To Neurogenic Communication Disorders, Ricki A. Konnerup

EWU Masters Thesis Collection

"Service-Learning (SL) is a pedagogical approach used to assist students in higher education in learning academic material by providing them an experience with a community partner. SL involves academic course objectives that are linked to a community need and includes student reflection on the experience (Goldberg, McCormick Richburg, & Wood, 2006). SL research is limited, but has been an increasing interest for medical, sociology, education, and communication disorders fields. This study describes the effect that SL has on academic learning related to neurogenic communication disorders, attitudes towards SL, and community benefits. One section of a senior level undergraduate course in …

GöDel's Incompleteness Theorem, Christopher Mullins

EWU Masters Thesis Collection

"This thesis gives a rigorous development of sentential logic and first-order logic as mathematical models of humanity's deductive thought processes. Important properties of each of these models are stated and proved including Compactness results (the ability to prove a statement from a finite set of assumptions), Soundness results (a proof given a set of assumptions will always be true given that set of assumptions), and Completeness results (a statement that is true given a set of assumptions must have a proof from that set of assumptions). Mathematical theories and axiomatizations or theories are discussed in a first- order logical setting. …

Using Board Games To Teach Physics, Kadia Mohammad Alfaifi

EWU Masters Thesis Collection

"This was an exploratory study that examined how board games affect students' motivation and learning of content about science (Physics). Quasi-Experiment research was used to determine the academic effects of the board game as well as an attitudinal survey to evaluate motivation. Participants were selected by a convenience sample from undergraduate courses in the Department of Education at a regional university. Participants were taught by two methods: using a board game and traditional (lecture). Participants in both groups gave a pretest to determine their knowledge of physics followed by posttest to determine their retention after using the board game, or …

Dna Barcoding Of Jatropha Curcas, Terence L. Stephens

EWU Masters Thesis Collection

"DNA barcoding involves sequencing a standard region of DNA to be used as a tool for rapid species identification. The cytochrome C oxidase gene (COXI) is widely accepted as the standard barcode for animals and currently there is no barcode for land plants. The Consortium for the Barcode of Life (CBOL) has proposed two regions of DNA to be used as a dual-locus barcode. In this study I examine the two proposed barcoding regions, ribulose-1 ,5-bisphosphate carboxylase/oxygenase (rbcL) and maturase K (matK) for their ease of amplification, discrimatory power, and sequence quality in Jatropha curcas, Jatropha podagrica, Latuca sativa, and …

Sensory Exploitation And Condition Indication May Explain Red Pelvic Spines In The Brook Stickleback Culaea Inconstans, Andrew Hodgson

EWU Masters Thesis Collection

"Background: Sensory bias models of the evolution of sexually selected traits predict that trait preferences evolve in a nonsexual context such as prey selection. Indicator models predict that sexually selected traits indicate mate condition. I investigated the potential for sensory exploitation and condition indication models to explain the evolution of what appears to be a recently evolved sexually selected trait. Question: Did red pelvic spine coloration in male Turnbull National Wildlife Refuge (TNWR) brook stickleback (Cu!aea inconstans) evolve to exploit a preexisting sensory bias for red prey, thus helping males draw females to the nest? Or, did it evolve as …

Fractal Dimension And Julia Sets, Robert Delorto

EWU Masters Thesis Collection

No abstract provided.

Digital Instructional Models: Its Effect On Creating Leadership Training Programs, Alyaa M. Malibari

EWU Masters Thesis Collection

No abstract provided.