Digital Commons Network^™

Out With The Old, In With The New: Two Perspectives On Implementing Libguides At An Academic And A Public Law Library, Shamika Dalton, Danielle A. Becker

Publications

No abstract provided.

Teenage Crowdfunding, Andrew A. Schwartz

Publications

Teenage startups are in the public interest and should be encouraged, yet the federal CARD Act of 2009 eliminated credit card financing for many such companies, cutting off an important source of early-stage business capital for teenage entrepreneurs. Since then, however, Congress passed the CROWDFUND Act of 2012 which will allow teenagers to raise early-stage financing through Internet crowdfunding. Teens, being masters of the Internet, are well positioned to exploit this new opportunity, with the upshot being that securities crowdfunding may become an important way for youthful entrepreneurs to fund their business dreams.

Procedural Architecture Matters: Innovation Policy At The Federal Communications Commission, J. Brad Bernthal

Publications

This Article examines the puzzle of whether today's Federal Communications Commission ("FCC" or the "Agency") is institutionally suited to craft telecommunications innovation policy and, if not, what changes are needed to better equip the Agency to respond to twenty-first century realities. Evaluation of FCC innovation policy performance is stubbornly difficult. Some criticize the FCC as a brake on innovation yet, under the FCC's oversight, the United States' communications industry has become an innovative engine propelling the overall economy more than ever before. It is difficult to untangle whether the FCC deserves credit for helping usher in today's communications age, whether …

Public Utility And The Low-Carbon Future, William Boyd

Publications

Substantial reductions in global power sector emissions will be needed by midcentury to avoid significant disruption of the climate system. Achieving these reductions will require greatly increased levels of financing, technological innovation, and policy reform. In the United States, the scale and complexity of the overall challenge have raised important questions regarding prevailing regulatory and business models, with much scrutiny directed at the traditional practice of public utility regulation. Recognizing the many valid criticisms leveled against public utility regulation and the important questions raised about the viability of traditional utility business models, particularly in the face of substantial growth in …

Too Strict?, Richard B. Collins

Publications

Should the strict scrutiny standard govern judicial review of claims that government has burdened religious freedom? American law’s patchwork of rules applies that demanding standard to some claims but denies any meaningful review to others. A major difficulty is that most claims alleging denial of religious freedom depend on beliefs that cannot be reviewed by secular courts. Claims based on allegations alone shift the burden to the defending government. Strict scrutiny purports to make justification very difficult; governments are supposed to lose most cases. A second defect of the test in religious freedom cases is its failure to consider harm …

Overview Of Panel: Judges, Diplomats, And Peacebuilders: Evaluating International Dispute Resolution As A System, Anna Spain

Publications

No abstract provided.

Setting The Tipping Point For Disclosing The Identity Of Anonymous Online Speakers: Lessons From Other Disclosure Contexts, Helen Norton

Publications

At what point should anonymous online speakers alleged to have engaged in defamatory, threatening, or other unprotected and illegal speech be required to “unmask” themselves – i.e., to disclose their identities? Courts confronted with such questions have proposed a variety of tests that seek to determine the point – I’ll call this the tipping point – at which they become sufficiently confident that disclosure’s accountability gains justify the unmasking of an anonymous online speaker. This essay suggests that an intradisciplinary approach may be helpful when choosing among these alternative tests. To this end, it recalls parallel disclosure challenges in campaign, …

Law, Violence, And The Neurotic Structure Of American Indian Law, Sarah Krakoff

Publications

No abstract provided.

Are Clinics A Magic Bullet?, Deborah J. Cantrell

Publications

In the current conversation about reforming legal education, one of the constant refrains is that law schools must graduate students who are "practice ready." Commentators go on to argue that for law schools to produce "practice ready" students, they must expand how they offer experiential learning. One potential way to do that is to expand clinical legal education programs. I worry that law schools (and others) are envisioning clinical legal education as a magic bullet that will solve all of the ills and imbalances present in current legal education. In this article, I demonstrate the unhelpfulness of the phrase "practice …

Uelma - Another First For Colorado, Susan Nevelow Mart

Publications

No abstract provided.

Inmates For Rent, Sovereignty For Sale: The Global Prison Market, Benjamin Levin

Publications

In 2009, Belgium and the Netherlands announced a deal to send approximately 500 Belgian inmates to Dutch prisons, in exchange for an annual payment of £26 million. The arrangement was unprecedented, but justified as beneficial to both nations: Belgium had too many prisoners and not enough prisons, whereas the Netherlands had too many prisons and not enough prisoners. The deal has yet to be replicated, nor has it triggered sustained criticism or received significant scholarly treatment. This Article aims to fill this void by examining the exchange and its possible implications for a global market in prisoners and prison space. …

Language Rights As A Legacy Of The Civil Rights Act Of 1964, Ming Hsu Chen

Publications

The fiftieth anniversary of the Civil Rights Act of 1964 offers an important opportunity to reflect on an earlier moment when civil rights evolved to accommodate new waves of immigration. This essay seeks to explain how civil rights laws evolved to include rights for immigrants and non-English speakers. More specifically, it seeks to explain how policy entrepreneurs in agencies read an affirmative right to language access.

Book Review, Anna Spain

Publications

No abstract provided.

Arbitration And The Contract Exchange, Andrew A. Schwartz

Publications

A contract exchange, defined as an organized marketplace for the creation or trading of specific contracts, provides benefits to its members as well as the public at large. But legal disputes can arise on contract exchanges, just as they do anywhere else, and those disputes can be litigated, mediated, arbitrated, or resolved in some other way. This Essay claims that arbitration, rather than litigation, is a particularly useful and appropriate means for resolving exchange-related disputes, and that this is true not only for traditional contract exchanges, like the Chicago Board of Trade, but also for online "consumer contract exchanges," such …

Deciding To Intervene, Anna Spain

Publications

Decisions about intervention into today's armed conflicts are difficult, dangerous, and politically complicated. There are no safe choices. Amid the climate of urgency and uncertainty in which intervention decision-making occurs, international law serves as a guide by providing rules about the legality of intervention. These rules assert that, except for in cases of self-defense, choices about when and how to intervene are to be made by the United Nations Security Council. What the rules do not provide, however, is effective guidance for the political choices the Council makes, such as how to prioritize among competing norms. When, for example, should …

Generating More Profit From Your Farm Business, Tamara Stretch

All other publications

This report outlines the main drivers of profit – price, production, costs and management. Knowing a farm’s profit drivers assists managers to analyse the risk and resilience of their business and to make more informed expenditure decisions. With significant volatility in both prices and production, farm managers need to have strategies that smooth price volatility and allow adjustments to costs of production.

When analysing business profitability it is important to look beyond gross margins and capture all cost items particularly large fixed costs like finance and machinery allowance costs. By critically examining the full cost structure of their business managers …

El Paso Parking Meter Demand, Edward Pallarez

Open Access Theses & Dissertations

This manuscript analyzes the demand for parking meter purchases in El Paso, TX. A demand function is estimated using four independent variables.

Essays In Corporate Finance, Shofiqur Rahman

Open Access Theses & Dissertations

This doctoral Dissertation examines the impact of firms' geographic location and labor market friction, both based on the states in which firms are headquartered, on corporate policies. The first essay examines the impact of the geographical location of the firm on the use of operating leases. The main idea of this essay is that, because obtaining information and monitoring is costly for potential lessors, especially when a lessee is relatively far away from financial centers, rural firms are less likely to use operating leases in comparison to their urban counterparts. Consistent with this hypothesis, I show that rural firms tend …

The Notion Of Cultural Assimilation Into An American Identity: Abstract Or Concrete?, Julie A. Rivera

Open Access Theses & Dissertations

Assimilation is believed to be the process immigrants follow to become "American." To be American is to be equal to other Americans in societal, employment, and educational opportunities. But this is not and cannot be an outcome of the assimilation process in the United States. There are multiple definitions and expectations of assimilation; too many to allow a clear outcome. This project addresses the complexity associated with all versions of assimilate, the multiple definitions, processes, and outcomes associated with this term, and demonstrates that there is no concrete resolution to an assimilation process due to the multitude of definitions attached …

Use Of Cosine Modulated Filter Bank To Quantify Human Muscle Fatigue Using Electromyography Signals Obtained During Isometric Voluntary Contractions, Liza Stephanie Rodriguez

Open Access Theses & Dissertations

As technology continues to advance, there continues to be an interest in applying engineering theories to solve medical problems. Technology has allowed researchers to investigate the properties and characteristics of the human body in hopes of emulating their complexities. The rising interest in the study of biopotentials for use in prosthetic limbs, exoskeletons and machine interfacing has led to a necessity to validate that the understanding of these signals is accurate. The study of biopotentials generated by muscles via a method known as electromyography (EMG) has improved the understanding of effects of rehabilitative treatments, assisted in diagnosing diseases, control of …

Exploring Dance Teachers' Perceptions: Video As A Teaching Tool, Daralyn Scurlock

Open Access Theses & Dissertations

The process in which dance instructors evaluate dance students' technical skills has been dependent on spontaneity; it is time sensitive and almost synchronous. However, video introduces an asynchronous evaluating component. Video recording can be utilized in the dance profession not only to improve a dancer's overall performance, but as an injury prevention tool. Therefore video permits deeper reflection.

This is a preliminary study designed to open the door for future studies in the dance field. In order to gain the in depth knowledge required for this thesis, an instrumental case-study design was utilized based primarily on the analyses of broad, …

Gbetagamma-Microtubule Mediated Mechanism Of Neuronal Differentiation, Jorge Anibal Sierra Fonseca

Open Access Theses & Dissertations

Neurodegeneration, a progressive loss of nerve cells (neurons), occurs in many neurological disorders, including Alzheimer's and Parkinson's diseases, as well as in the aging brain. Disruption of microtubules in neurons and the aggregation of proteins associated with them is the hallmark of neurodegeneration. Nevertheless, the cause of this disorder is largely unknown, and no effective drugs are available to treat the disease processes. Therefore, there is a need to understand the molecular mechanisms that drive the assembly and disassembly of microtubules during neurite outgrowth and differentiation. Evidence suggests that nerve growth factor (NGF) induces neurite outgrowth from PC12 cells by …

Phonetic Realization Of /P, T, K/ In Spanish-English Code-Switching, Gisela Simental

Open Access Theses & Dissertations

The aim of this investigation is to contribute to the relatively unexplored area of phonetic realization of sounds during code switching. The present study will focus on the analysis of voice onset time of voiceless stops in stressed word initial position. Spanish and English are ideal languages to test how bilinguals process and produce the low-level phonetic properties of stops during CS. Both languages have the same set of voiceless stops: /p, t, k/, yet these stops have different phonetic (or acoustic) characteristics in each language. Data was collected from the naturalistic speech of balanced bilinguals who were exposed to …

Three Essays On Auditor Industry Specialization, Ankita Singhvi

Open Access Theses & Dissertations

This Dissertation consists of three separate but related essays examining auditor changes, auditor industry specialization and audit fee premiums.

The first essay investigates whether audit committee characteristics affect the types of auditor changes from an industry specialist auditor to a non-industry specialist auditor or the reverse. I examine whether selection of an external auditor is affected by audit committee characteristics such as: 1) number of meetings, 2) number of members on the audit committee, 3) proportion of auditing experts and, 4) proportion of financial experts. The findings show that a greater proportion of auditing experts on the audit committee positively …

Transatlantic Maritime Transportation Between The Czech Republic And The United States, Petr Toman

Open Access Theses & Dissertations

Maritime transportation is the backbone of today´s world trade and therefore there special attention should be paid to all subjects concerning this mode of transportation. It is also necessary to complement maritime transportation by other modes, such as rail and/or truck (road). This thesis deals with the problems of maritime transportation and provides the summary of recent developments, trends and statistics mainly on Transatlantic maritime routes (Europe to U.S.). Besides maritime transportation, this thesis also reviews the trends and statistics of rail and truck (road) transportation in U.S. and Europe.

The second part of thesis seeks to create a mathematical …

Model Of Urban Freight Transportation: The Case Of Waste Collection, Radim Vecera

Open Access Theses & Dissertations

This thesis introduces the role of urban freight transportation in global economies and its negative environmental impacts. Because the volume of urban freight is continually increasing sustainable measurements have to be implemented during all phases of transportation planning and operation processes.

The thesis is mainly focused on waste collection, as it is an often neglected part of urban freight transportation. Since urban areas are growing the waste collection is starting to be complex problem which is difficult to manage. Therefore different types of optimization software are used to improve the whole process. In this thesis TransCAD software is used to …

Toward A Theory Of Productivity Problems In Graduate Student Writing, Craig Wynne

Open Access Theses & Dissertations

This case study focuses on the productivity problems that faced the dissertation/thesis writing practices of fourteen graduate students at a public university on the U.S./Mexico border. The author facilitated a series of group sessions designed to help graduate students in various disciplines cultivate awareness of Donald Murray's notion of "writing as process," as well as knowledge of writer's block and writing anxiety. Sessions also served to cultivate positive self-talk with relation to the writing process, an introduction to mindfulness meditation, and basic time management skills. Four types of data were collected: 1. field notes from participant discussion during workshop sessions; …

The Role Of Social Norms In Consumers' Evaluations Of Brands From Emerging Countries, Shuang Yang

Open Access Theses & Dissertations

In prior studies, the effects of country of origin (COO) on purchase intention have been explained by signaling theory, the elaboration likelihood model and categorization theory. However, none of these theories explains the role social norms play in COO effects. Applying the theory of reasoned action (TRA), this study proposes that COO influences purchase intention through attitudes and social norms. This proposed model explains the joint effect of quality perceptions, consumer animosity, and perceived social pressure on purchase intention. The moderation effect of collectivism/individualism culture is also tested.

The research findings support the proposed model. Specifically, the results suggest that …

North Korean Supernotes: Nuclear Arms Financed By Counterfeit Currency, Michael Yatskievych

Open Access Theses & Dissertations

Michael Yatskievych, University of Texas at El Paso

Abstract of Master's Thesis, Submitted 21 May 2014:

North Korean Supernotes: Nuclear Arms Financed By Counterfeit Currency

The primary purpose of this study was to evaluate whether DPRK is producing high quality counterfeit US currency, supernotes, and has determined to what extent supernotes are financing North Korea's emerging nuclear arms program.

The application of Analysis of Competing Hypotheses, ACH, satisfied this study's purpose by meeting the following objectives: the development of multiple hypotheses in an attempt to explain a supernote-nuclear arms program link, assessing evidence from assorted sources, providing a diagnostic weighing …

Geophysical Investigation Of Hot Springs In The Vicinity Of Shoshone, California, Felix Dziedzorm Ziwu

Open Access Theses & Dissertations

Magnetic and gravity surveys were conducted in the vicinity of Shoshone, California to test a hypothesis from investigating hotsprings within Tecopa and Saratoga which states that deep faults must intersect with a specific orientation relative to the regional stress field in order to create hot springs along the Amargosa River.

Three isolated basalt flows with different gravity and magnetic properties were identified near the Shoshone hot spring. Two of the flows have very low magnetic anomalies and the remaining one has a high magnetic anomaly. The high magnetic anomaly basalt flow also has a significantly higher Bouguer anomaly than the …