Digital Commons Network^™

Advantages Of The One-Client Model In Insurance Defense, Jean Fleming Powers

New Mexico Law Review

This article explores the debate first by describing the one-client and two-client models that are at the heart of the disagreement, and second, by looking at the relationships and obligations that create conflicts and concerns. It explains how the one-client model is consistent with the obligations undertaken in the contract of insurance, better fosters the attorney’s professional obligations, better protects the insured as a consumer of insurance and of legal services, and ultimately better protects the interests of the insurer and the attorney. Finally, this article examines the operation of the one-client model in various problematic situations to illustrate how …

Have You Volunteered To Arbitrate Today, Lynne Canning

New Mexico Law Review

No abstract provided.

Gwu Business Students Experience Marketing, Business Principles At National Event, Office Of University Communications

Gardner-Webb NewsCenter Archive

A national conference held in Charlotte, N.C., in October gave Gardner-Webb University business students a chance to witness marketing and sales techniques in action, and GWU Marketing Instructor Mischia Taylor is hoping the trip marks the beginning of many other similar opportunities to connect classroom discussion and real-world application. When Taylor discovered that the 2014 National Recreation and Parks Association (NRPA) Annual Conference would be held in Charlotte, she immediately began working to make sure her students could experience business practices in action. The cost of attending the conference, at $50 per student, was prohibitive.

Front Matter, New Mexico Law Review

New Mexico Law Review

No abstract provided.

Introduction, Matthew Zidovsky

New Mexico Law Review

No abstract provided.

First Amendment Sexual Privacy: Adult Sexting And Federal Age-Verification Legislation, Jennifer M. Kinsley

New Mexico Law Review

The modern sexting phenomenon amongst adults raises important questions at the intersection of relational privacy, free expression, and federal criminal law. A little-known but long-standing federal statutory scheme—18 USC 2257, 2257A, and the accompanying Attorney General regulations (“Section 2257”)—threatens to criminalize the private exchange of sexual communication between consenting adults. While there has been relatively frequent litigation involving Section 2257 initiated by the commercial adult entertainment industry, courts and scholars alike have been all but silent as to Section 2257’s impact on private, not-for-profit sexual speech. So too has the literature on the legality of sexting focused almost exclusively on …

When The Mountain Goes To Mohammad: The Internet And Judicial Decision-Making, Layne S. Keele

New Mexico Law Review

Part I of this Article explores that ambivalence by examining conflicting judicial canons and court opinions addressing the issue. Part II examines the benefits and drawbacks of judicial Internet research with respect to adjudicative facts. In particular, it elaborates on arguments offered by defenders of this kind of research, most notably Judge Richard A. Posner. Part II also highlights the dangers by showing that adjudicative fact research detracts from the reliability of our justice system and undermines due process of law. Part III addresses judges’ online research of legislative facts. It discusses the use of legislative facts by courts generally, …

Brady Reconstructed: An Overdue Expansion Of Rights And Remedies, Leonard Sosnov

New Mexico Law Review

Part I examines two competing models of due process that the Court uses when considering criminal procedure rights. The first approach extends deference to state legislatures and historical traditions. The alternative approach, advocated here, recognizes due process as a vibrant, fluid source of rights that balances the equities of competing prosecutorial and defense interests, with the overarching goal of attaining accurate dispositions in criminal cases. The article proceeds to apply the second approach in determining the scope of the government’s obligations to provide access to its evidence. Part II suggests that the Court has failed to sufficiently provide constitutionally guaranteed …

It's Not Too Difficult: A Plea To Resurrect The Impossibility Defense, Ken Levy

New Mexico Law Review

The impossibility defense has baffled legal scholars, courts, and attorneys. This defense is especially difficult for two main reasons. First, it is not obvious which kinds of attempts it exculpates, which kinds of attempts it does not exculpate, and why it works only for the former and not the latter. Second, courts that have not resolved the first set of difficulties have only compounded the confusion by misstating and misapplying the impossibility defense. In particular, they have mistaken factual impossibility for legal impossibility and have interpreted certain factual impossibility situations as hybrid-impossibility situations. As I explained in the Introduction, all …

When Is A Rock A Rock - New Mexico's Abandonment Of Property Rules In Mineral Conveyancing, Gabe Long

New Mexico Law Review

No abstract provided.

Tension In The Waters: How Tri-State Generation V. D'Antonio Creates Tension With The Takings Clause And The Prior Appropriation Doctrine, Ashley N. Minton

New Mexico Law Review

No abstract provided.

Measuring Student Perception Of Ethics Instruction In Social Work Programs At The Bsw And Msw Level, Madeline P. Massey

Social Work Theses - Archive

Bachelor of Social Work (BSW) and Master of Social Work (MSW) programs lack a universal method to teach ethics, and it is at the discretion of the program to determine the type of ethics education received. The purpose of this research was to determine the level of ethics instruction received by graduating students at the BSW, advanced standing (BSW and MSW), and two-year MSW level (two years of graduate education) by asking students their perspective on their ethics education. This study involved a demographics and ethical questionnaire, The Nathanson and Giffords Ethics Scale (NGES) that allowed students to report their …

Applications Of Higher Derivative Klein-Gordon Equations In Flat And Curved Spacetime, Carlos Lara

McNair Scholars Research Journal

No abstract provided.

The Effects Of Midazolam On The Nucleus Accumbens In The Context Of Pain, Breanne Soteros

McNair Scholars Research Journal

No abstract provided.

Numerical And Experimental Investigation Of Variable Transportation Cooling For Reusable Thermal Protection Systems, Stefano Gulli

Mechanical and Aerospace Engineering Dissertations - Archive

This research work is focused on the numerical and experimental investigation of the transpiration cooling technique for reusable thermal protection systems. The transpiration cooling has been considered because of its higher cooling effectiveness, with respect to other active cooling techniques, in terms of minimum amount of coolant to be used and minimum interference to the external flow. An innovative approach based on the coupling of the hypersonic boundary layer with the thermal response of porous materials is used to numerically study the thermal management potential of the transpiration cooling technique. The new concept of the variable transpiration is introduced by …

An Ic Design For Wireless Batteryless Multi-Sensing Platform For Biomedical Applications, Young-Sik Seo

Electrical Engineering Dissertations - Archive

This work proposed an integrated circuit (IC) design that provides the required functionality for a wireless, batteryless implant. For biomedical applications, the physiological signals can be detected if the parameter of interest can be converted to a change in electrical parameters such as capacitance, resistance or an amperometric signal. The implantable transponder is suitable for sensors that generate one of the aforementioned analog signals. In the proposed universal platform, a voltage-controlled oscillator (VCO) was used to detect variations of voltage or current. Similarly, a relaxation oscillator (RO) was used to detect changes in capacitance or resistance. Thus, the VCO and …

Step Outside The Door: An Ethnography Of Homeschooling In North Texas, Hannah Keller

2014 Fall Honors Capstone Projects - Archive

Homeschooling is now recognized as a rapidly growing and, for some, a preferred method of imparting grade-level education to American students. It is important to note that homeschooling impacts and shapes family and community, thus providing a unique perspective on anthropological considerations of modernity, education, and subculture. Despite this, few studies have explained the growth in this form of pedagogy. This paper attempts to fill this gap through an ethnographic study of homeschoolers in North Texas. In particular, this study focuses on the reasons behind homeschooling and the cultural perceptions of homeschoolers in North Texas. Research for this project is …

The Effect Of Warning Labels On Media Advertisements And The Influence On Women's Body Satisfaction, Kaysha Herd

2014 Fall Honors Capstone Projects - Archive

Research shows one probable source of body dissatisfaction is the thin ideal prevalent in media images (Hargreaves & Tiggemann, 2004). This bombardment of thin images can lead individuals to internalize the thin ideal, possibly leading to body dissatisfaction, poorer life satisfaction, and/or irregular eating behaviors. The focal hypothesis investigated if women's internalization of the thin ideal affects their body satisfaction, even when warning labels were present on advertisements. Secondly, it examined if body satisfaction varies among different ethnicities. Participants were 150 female undergraduates randomly assigned to one of four conditions: (1) control, (2) thin ideal, (3) thin ideal with subtle …

The Linguistic Mechanisms Of Knock-Knock Jokes, Jared Weide

2014 Fall Honors Capstone Projects - Archive

Humor analysts have not yet accounted for the longstanding popularity of knock-knock jokes, a common and recognizable joke format. A better understanding of the linguistic mechanisms behind these jokes can provide opportunities in fields such as education, technology, and, of course, entertainment. In order to analyze the processes involved, a corpus of jokes was compiled from seven online sources, with a total of 132 different knock-knock jokes collected. A taxonomy of the mechanisms that drive these jokes was created by identifying the linguistic features that generate humor in each. The study found that the pun or alternate meaning at the …

Installments, University Of Texas At Arlington Library

Installments

A marketing periodical installed on the back of bathroom stall doors.

Temperature-Dependence Of Stress-Related Phenomena, Rahmat Saptono

Material Science and Engineering Dissertations - Archive

Efforts have been made to develop a simple but physically sound model. The model was specifically proposed to capture, explain, and estimate the temperature sensitivity and strengthening mechanism phenomena in small volume material with particular reference to the roles grain boundary and surface. Model-inspired phenomenology approach was applied to reveal the key mechanisms and find directions for a more complete constitutive model. The model was developed in the limited space where diffusion is insignificant. It was assumed that the plastic flow was predominantly governed by the thermally-activated process of dislocation glide overcoming barriers. Simple mathematical functions were formulated and evaluated …

Experimental And Numerical Study Of Phase Transition Of Lifepo₄ Material In Lithium Ion Batteries, Md Noor E Alam Siddique

Material Science and Engineering Dissertations - Archive

Phase transition behavior of LiFePO4 material has been studied in this work. During electrochemical charge/discharge processes, LiFePO4 transforms into FePO4 and this electrochemically driven phase transition of the two-phase system results in a potential plateau in a battery discharge curve. Besides, battery performance, especially under high rates, depends critically on this two-phase transition. However, this phase transition mechanism in the LiFePO4 crystal structure has yet not been understood in details. Developing better understanding is essential for designing high performing, safe and stable batteries.Currently available phase transition models for LiFePO4, such as the classical `core-shrinking model' and recently the `domino cascade …

Enabling Civic Discourse: Community Group Inclusions In Arlington, Texas, William Addington

McNair Scholars Research Journal

No abstract provided.

Exploring Tissue Engineering Possibilities Using Autologous Progenitor Cells In The Peritoneum, Valene Garr

McNair Scholars Research Journal

No abstract provided.

Mexican-American Child Migrant Workers In The Lower Rio Grande Valley From The 1960s To The 1980s, Doreen Hernandez

McNair Scholars Research Journal

No abstract provided.

Reconstructing The Taiwanese Rule On Pure Economic Loss: Establishing A General Standard For Recovery For Pure Economic Loss In Unintentional Torts, Wen-Hsuan Yang

Maurer Theses and Dissertations

An important issue in Taiwan today is whether pure economic loss can be recovered as a right under the former part of first paragraph of Article 184 in Civil Code of Taiwan, thereby making it recoverable in unintentional torts. Contrary to most scholars in Taiwan, this Thesis argues that 1) pure economic loss should be a recognizable harm under the former part of first paragraph of Article 184; and 2) economic loss should be considered on a category-by-category basis, rather than the traditional all-or-none basis presently used in Taiwan.

Traditionally, two arguments are made against recovery for pure economic loss …

A Comparative Analysis Of Shareholder Derivative Litigations In Taiwan: Rethinking Of Law, Implementation, And Suggestion, Ting-Hsien Cheng

Maurer Theses and Dissertations

Since the 1990s, Taiwan’s capital market has been tarnished by several corporate scandals, many involving managerial embezzlements and false/misleading financial reports. One of the main reasons why these scandals frequently occurred is the lack of an effective system of checks-and-balances or good corporate governance mechanisms within Taiwan’s companies. To deal with this deficiency for corporate governance, there have been many discussions in Taiwan’s academia of corporate laws about how to reform the provisions of Taiwan Company Act, especially for a better internal monitoring mechanism.

In fact, in last two decades, Taiwan has taken a series of legal reforms as an …

A Qualitative Analysis Of Mentoring Experiences And Perceptions Of Female Students Enrolled In A Doctoral Program In Education At A Midwestern University, Sherrill Rayford

Dissertations

This qualitative study analyzed mentoring experiences and perceptions of females enrolled in a doctorate program of education, including a Principal Investigator-led peer mentoring group. The snowball technique generated 20 participants who were interviewed for a two-part study to share mentoring experiences by responding to Research Question One: What are the mentoring experiences of a sample of female students enrolled in an Educational leadership doctoral program at a Midwestern University? The conceptual framework explored experiences and perceptions of women at the doctoral level, mentoring support systems, and barriers to doctoral completion. Additional interviews were sought from faculty named as providing mentoring …

A Co-Teaching Program Evaluation In A School District In Missouri, Tanya Marie Deering

Dissertations

This study was a program evaluation on the co-teaching model within the Smallville School District (a pseudonym) measuring its effectiveness defined by the perceptions of leaders in the field of special education. This study filled the gap of previous co-teaching studies by investigating a rural school district, across all buildings. The researcher selected the tools of classroom observations; convenience sample interviews; administrator, teacher, student, and parent surveys; and secondary data from High Quality Professional Development (HQPD) and the school budget. The researcher collected data with surveys, observations, and interviews to determine the perceptions of all stakeholders involved in the co-teaching …

Library Connection, V2n1, Fall 2014, University Of Northern Iowa. Rod Library.

Library Connection

Contents:

-- Developing UNI ScholarSpace
-- Anyone, Anywhere, Anytime UNI ScholarWorks
-- West Entrance and Book Bistro Cafe
-- RodCon 2015
-- New Curator of the UNI Museums