Digital Commons Network^™

Laguna Pueblo History Revisited, Richard Flint

New Mexico Historical Review

No abstract provided.

Full Issue, New Mexico Historical Review

New Mexico Historical Review

No abstract provided.

New Mexico Statehood And Political Inequality: The Case Of Nuevomexicanos, Phillip B. Gonzales

New Mexico Historical Review

No abstract provided.

Book Reviews

New Mexico Historical Review

No abstract provided.

Planning For Digitization Of University Libraries In Ghana: Challenges And Prospects, Perpetua Sekyiwa Dadzie, Thomas Van Der Walt

Library Philosophy and Practice (e-journal)

The study investigates the availability of strategic plans or policies for the development of digital libraries in selected universities in Ghana. A case study approach was adopted and interviews were held with three university librarians to determine their views on planning and budgeting for digitization. The findings reveal that all three university libraries have strategic plans, though some are outdated and therefore, rely on policies to ensure that digitization activities are enhanced. Budgetary support for digitization activities range from 16.6% - 50% of the total library budget. The study recommends that the libraries should have an up-to-date strategic plan which …

Demographic Variables And Ict Access As Predictors Of Information Communication Technologies’ Usage Among Science Teachers In Federal Unity Schools In Nigeria, Kolawole Akinjide Aramide Dr, Sunday O. Ladipo Rev., Ibitayo Adebayo Mr

Library Philosophy and Practice (e-journal)

This study investigated the extent to which demographic variables and ICT access predict ICT use among science teachers in FUS in Nigeria. Out of the Four hundred and sixty four (464) copies of questionnaire administered on science teachers in 25 FGUSs only 353 copies were returned with useful responses. The findings of the study revealed ICT accessibility (B = .431), educational qualification (B = -.187), teaching experience (B = -.154), ICT use experience (B = .152), and location of ICT access (B = .144) as best predictors of ICT use among science teachers in FUSs in Nigeria. Also, the study …

The Use And Application Of Open Source Integrated Library System In Academic Libraries In Nigeria: Koha Example, Emeka C. Uzomba Mr., Oluwatofunmi Jesudunni Oyebola Mrs., Anthony Chukwuma Izuchukwu Mr.

Library Philosophy and Practice (e-journal)

This study examined the use of open source integrated library system in academic libraries in Nigeria, with the aim of highlighting the capabilities and potentials of open source software (Koha) and its practical importance to academic libraries across the globe. The study was guided by five objectives and five research questions. A descriptive survey design was adopted in this research, with population of twenty-five (25) staff selected randomly from 25 different higher institutions that uses open source software in Nigeria: 19 universities (federal, state and private), 4 polytechnics (federal and state) and 2 colleges of education. The instrument used to …

Librarians, Research Scientists And Ict Adoption In Research Institutes In Ghana, Kodjo Atiso, Denice Adkins

Library Philosophy and Practice (e-journal)

Since the inception of ICTs, there has been concern about the position of developing nations in relation to the technology. Whilst some studies opine that developing nations would be marginalized, other studies see a real opportunity for explosion through the technology. Indications are the technology can be a potential boon, if well managed or burden if not given the right attention. This study looks at technology adoption among librarians and research scientists in Ghana.

A Critical Examination Of The Librarians Registration Council Of Nigeria Code Of Ethics In The Light Of International Best Practices In Library And Information Science Professions, Florence Enyiema Adejumo Mrs, Peter Olorunleke Oye Mr.

Library Philosophy and Practice (e-journal)

This paper took a critical reflection on the Librarian Registration Council of Nigeria Code of Ethics vis-à-vis international standards. The paper explained that since information professionals play an extremely important role in society by linking society with information heritage, it is critical that they carry out this mission in an ethical manner. The paper noted that towards this end many organizations of information professionals led by the International Federation of Library Association and related institutions (IFLA) including the Librarians Registration Council of Nigeria (LRCN) have adopted codes of professional ethics. The paper analyzed these IFLA and related codes and the …

Day Of The Week Effect In Returns And Volatility Of The S&P 500 Sector Indices, Juan Liu

Masters Theses

"Previous studies have shown that returns associated with the stock market or foreign exchange's futures show variations across the day of the week. On such study, that employs a modified GARCH model for estimation, shows that returns associated with the S&P 500 stock index is highest on Wednesday and lowest returns on Monday. The same study shows that volatility is highest on Fridays and lowest on Wednesdays. In this study we investigate if this day-of-the-week effect on returns and volatility is present in the different sectors that constitute the S&P 500 index. The data set used provides daily returns from …

Developing A Novel Methodolgy And Testbed For Fatigue Analysis Of Metal Specimens, Sai Aravind Palepu

Masters Theses

"A prototype of fatigue testing machine was built to determine the fatigue strength of materials. Proposed testing prototype was displacement controlled magnetic type bend fatigue testing machine. Designed prototype was tuned to operate at or near resonance of the specimen in order to amplify excitation displacement. Low maintenance i.e. zero wear of the parts was achieved, there were no moving components in the prototype machine. Crucial components used to build were: DC power supply, solenoid, Arduino UNO, supports and laser displacement sensor. DC source used to pass current through solenoid producing magnetic field; mosfet and Arduino generated square waves of …

Brougham’S Ghost, Michael S. Ariens

Faculty Articles

In defending Queen Caroline in the House of Lords, Henry Brougham declared, “[a]n advocate, by the sacred duty of his connection with his client, knows, in the discharge of that office, but one person in the world, that client and none other.” Brougham’s ethic of advocacy has been cited repeatedly as stating the American lawyer’s duty of zealous representation of a client. It has often been called the “classic statement” of zealous representation and representing the “traditional view of the lawyer’s role.”

This essay challenges these conclusions. Brougham’s rhetoric was neither a classic statement of the duty of loyalty to …

The Texas Rules Of Evidence: Something Old, Something New, And Something Changed, David A. Schlueter

Faculty Articles

On November 19, 2014, the Texas Supreme Court issued an Order amending all of the Texas Rules of Evidence, effective April 1, 2015. In its Order, the Court explained that the amendments were part of an effort to “restyle” the Rules, to make them as consistent as possible with the Federal Rules of Evidence, and to make them easier to understand.

The 2015 amendments to the Texas Rules of Evidence are a commendable step toward making the Rules more user-friendly. It is clear to even the casual reader that the reformatting of the Rules, through the use of consistent and …

Governmental Power Versus Individual Liberty, Vincent R. Johnson

Faculty Articles

Father, Son, and Constitution by Alexander Wohl is a major contribution to legal scholarship. This dual biography focuses on two public figures, each of whom played a leading role in addressing the most challenging legal questions of their day. The subjects of the book are Supreme Court Justice Tom C. Clark and his son Ramsey Clark, the most liberal attorney general in American history. The Clarks’ stories are told against a backdrop of the continuing American struggle to find the proper balance between governmental power and individual liberty.

The public careers of Tom and Ramsey Clark were largely sequential, but …

The Great Charter, Vincent R. Johnson

Faculty Articles

A look at the history and legacy of the Magna Carta elucidates the many ways in which it shaped American jurisprudence and the law of Texas. The Magna Carta is held in high regard because the unknown drafters understood the importance of legal principles, fair procedures, proportional punishment, official accountability, and respect for human dignity. Its unquestionable commitment to the primacy of legal principles and anticipation of the development of judicial ethics significantly influenced and contributed to the construction and content of the Texas Constitution, Bill of Rights, and many Texas cities’ ethics codes. Although it was intensely focused on …

Game Of Bombs: President Barack Obama’S Nuclear Nonproliferation Regime, Jeffrey F. Addicott

Faculty Articles

One of President Barack Obama’s favorite solutions to reducing armed conflict in the world centers around his desire to rid the world of nuclear weapons. While this simplistic formula has certainly been voiced by other occupants of the oval office, the world is, and always has been, an extremely dangerous place, and the machinations of competing spheres of power will always exist in human history. Coupled with an aggressive Russia and China, the dangers associated with the new era of radical Islamic extremism rubricate the need to view the naiveté of President Obama’s vision of a planet without nuclear weapons …

Is Felony Murder The New Depraved Heart Murder: Considering The Appropriate Punishment For Drunken Drivers Who Kill, Dora W. Klein

Faculty Articles

In recognition of the increasing use of felony-murder statutes to prosecute drunken drivers who kill, this Article considers various criticisms and defenses of the felony-murder rule as they apply specifically to felony DWI cases. Part II of this Article discusses several recent precedent setting cases in which drunken drivers who killed were prosecuted under felony murder statutes. Part III explores whether such prosecutions are proper, given the existence of special narrower vehicular manslaughter provisions that a legislature might have intended to be the sole means of prosecuting drunk drivers who kill. Part IV discusses three particular limiting doctrines-merger, inherent dangerousness, …

The Anti-Plaintiff Pending Amendments To The Federal Rules Of Civil Procedure And The Pro-Defendant Composition Of The Federal Rulemaking Committees, Patricia W. Moore

Faculty Articles

For decades, the Civil Rules Advisory Committee (Advisory Committee) has garnered passage of amendments to the Federal Rules of Civil Procedure (FRCP) that have incrementally narrowed discovery in the service of the Advisory Committee's stated effort to combat the alleged "cost and delay" of civil litigation. More of the same are on their way to Congress now. In the classical David-and-Goliath lawsuit brought by an individual person against an institutional defendant, these pending amendments hurt David and help Goliath more than any previous round of amendments to the FRCP. The individual versus institution case, not coincidentally, is the most common …

“Underdog” Arbitration: A Plan For Transparency, Ramona L. Lampley

Faculty Articles

The use of mandatory, pre-dispute arbitration clauses in consumer, employment, health-care, and even nursing home agreements is ever-increasing, even though the general public has distrust and a lack of understanding of the nature of arbitration. The Supreme Court in AT&T Mobility LLC v. Concepcion, and then in American Express Co. v. Italian Colors Restaurant, has signaled firmly that mandatory pre-dispute arbitration is here to stay. This is true even for individual low-value claims in which one party, say the consumer or employee, has little or no bargaining power. I call these claims “underdog claims.” There have been numerous proposals to …

All Your Air Right Are Belong To Us, Chad J. Pomeroy

Faculty Articles

Privacy and property rights are tricky subjects for a variety of reasons. One reason is that they have a unique relationship with each other, and this Article focuses on one of those areas of intersection—that of air rights and invasion of privacy. This is a timely topic due to the advent of drones, and this Article will argue that drone surveillance constitutes common law trespass and that any statute or regulation that permits such activity is in derogation of common law and so should be subject to particularly careful thought and consideration.

This is not as straightforward a thesis as …

Courts Gone “Irrationally Biased” In Favor Of The Federal Arbitrations Act?—Enforcing Arbitration Provisions In Standardized Applications And Marginalizing Consumer-Protection, Antidiscrimination, And States’ Contract Laws: A 1925–2014 Legal And Empirical Analysis, Willy E. Rice

Faculty Articles

Spanning nearly forty years, the Supreme Court has issued multiple decisions and stated categorically that “judicial hostility to arbitration” was the sole impetus behind Congress’s decision to enact the Federal Arbitration Act of 1925. In fact, before the FAA, systemic trade-specific problems and practices generated heated disputes and widespread litigation among merchants and trade organizations. Thus, to arrest those constituents’ concerns, Congress enacted the FAA. Briefly, under the FAA section 2, arbitration is mandatory if a contractual arbitration provision is valid and a controversy “arises out of the contract.” However, common-law rules of contract formation are equally clear: Standing alone, …

Why Instrumentalism Matters, Kyron J. Huigens

Articles

Alon Harel argues that the acts of a public official acting with "fidelity of deference," are "necessary," "non-contingent," "intrinsic," "constitutive," integrative," "expressive," or "inherent" features of legal punishment. Accordingly, he calls his argument "noninstrumental." This can be taken as an argument for logical necessity, definition, extension, or modest or immodest conceptual necessity. Only the last interpretation fits Harel's text, but such an argument fails because instrumentality is necessarily present in any event in the natural world, including punishment. Harel does not say which aspects of natural instrumentality he means to exclude from his argument, or how, or why.

Revitalizing Dormant Commerce Clause Review For Interstate Coordination, Alexandra B. Klass, Jim Rossi

Articles

Interstate coordination presents one of the most difficult challenges for American federalism as well as for energy markets and policy. Existing laws vest the approval of large-scale energy infrastructure projects such as interstate oil pipelines and high-voltage, interstate electric transmission lines with state and local levels of government. At the same time, state siting and eminent domain regimes routinely enable and even encourage state regulators to hold out from approving interstate infrastructure projects, hobbling any hope for interstate coordination. This Article analyzes how judicial review under dormant Commerce Clause principles and doctrine can promote better interstate coordination by discouraging regulatory …

Role Of Wnt Signaling On Proliferation And Osteogenic Differentiation Of Stem Cells From Human Exfoliated Deciduous Teeth In Vitro, Panarat Rattanaworawipa

Chulalongkorn University Theses and Dissertations (Chula ETD)

Objectives: The purpose of this study was to investigate the effect of the canonical Wnt/β-catenin signaling pathway on the proliferation and osteogenic differentiation of stem cells from human exfoliated deciduous teeth in vitro. Methods: Stem cells from human exfoliated deciduous teeth (SHED) were stimulated with human recombinant Wnt3A at various concentrations (50, 100 and 200ng/ml) in basic growth medium and osteogenic medium. Cell proliferation was determined using colony forming unit assay. The mRNA expression levels of osteogenic-related genes were determined by quantitative real time polymerase chain reaction. The osteogenic differentiation was evaluated using mineralization assays. Values were expressed as mean …

Bodies Bending Boundaries: Religious, Spiritual, And Secular Identities Of Modern Postural Yoga In The Ozarks, Kimberley J. Pingatore

Graduate Theses/Dissertations

Modern postural yoga is an amalgamation of practices that continues to defy traditional explanatory models that understand religious, spiritual, and secular to be mutually exclusive categories. In this project, I conduct in-depth interviews with yoga instructors in the Ozarks. In these interviews, I asked my informants to explain how they understand religious, spiritual, and secular. I then asked if and how they would use those words to describe yoga. These interviews revealed that religious, spiritual, and secular are not mutually exclusive, but are instead related, blended, and connected, especially when used to describe yoga. These findings inform my proposed explanatory …

How To Attain Sustainable Education In Sierra Leone: A Policy Design For Sanda Tendaren Chiefdom, Ahmed Lamin Sheriff

Electronic Theses and Dissertations

Socioeconomic inequalities affect the access to affordable and sustainable education in Sierra Leone: Sanda Tendaren Chiefdom. Education is a crucial part of the chiefdom's development. It has a direct affect on the living standards of the citizens of the chiefdom and a subpar system can negatively impact Chiefdom's economic development and stunt societal participation in political discourse. If access to affordability and sustainability of education are addressed seriously, the short and long-term impact for Sanda Tendaren chiefdom will be tremendous and lasting. Chiefdom villagers will have access to improved school buildings closer to their homes and education will be affordable …

Role Of Student Entitlement And Co-Production On Satisfaction, Deborah Jean Sisson

HCBE Theses and Dissertations

The marketing of services has challenges uncommon to that of marketing products. By nature service offerings are intangible, heterogeneous, perishable, and simultaneously consumed and produced. This simultaneous consumption and production often requires the consumer to participate in the service delivery – co-production. Colleges and universities offer a service which requires high levels of co-production by students and is the setting for this research. As colleges/universities face greater challenges at this time, there is a need for better understanding of the role the student plays in the production process. The service marketing literature offers an understanding of the importance of the …

Ethical Leadership, The Fair Process Effects Of Organizational Justice And Financial Performance, Hopeton Saint Aubyn Morrison

HCBE Theses and Dissertations

ABSTRACT ETHICAL LEADERSHIP, THE FAIR PROCESS EFFECTS OF ORGANIZATIONAL JUSTICE AND FINANCIAL PERFORMANCE by Hopeton St. Aubyn Morrison The research inquired if ethical leadership (EL) positively impacted financial performance (FP) and if this relationship was mediated by the fairness effects of organizational justice. The organizational constructs that we examined were distributive justice, procedural justice and interactional justice. The research led to us proposing 12 hypotheses using correlations, t-tests, and logistic regressions. In our tests of mediation we drew on Preacher and Hayes (2008) multiple mediation strategy and tested by logistic regression and bootstrapping for indirect effects. Our results confirmed that …

Can Social Stories Lead To An Improved Theory Of Mind Amongst Individuals With Autism?, Margaret Rose Lorenzetti

Theses and Dissertations

This thesis investigated whether Social Stories used in conjunction with perspective- taking questions would lead to an improved Theory of Mind (ToM) in three participants diagnosed with Autism Spectrum Disorder (ASD). We assessed participants’ perspective taking in a baseline condition, implemented a Social Story condition, and tested participants’ perspective taking again in a post-intervention condition. ToM was assessed using two variations of the false belief measures, namely the change-location and unexpected-contents paradigms. Each Social Story included three perspective-taking questions that required participants to infer a character’s emotion or perspective. Results indicated that participants’ percentage scores of correct responses increased markedly …

The Effect Of Tenure And Audit Fees On Fraudulent Financial Reporting, Kelli S. Horne

HCBE Theses and Dissertations

This study examines the relationship between auditor partner rotation and fraudulent financial reporting in the post Sarbanes-Oxley conservative environment. Audit firm tenure impacts the quality of the audit and the likelihood of fraudulent financial reporting. Data were retrieved from Accounting and Auditing Enforcement Releases and Computstat spanning the years 1998 through 2008. A logistic regression model similar to one used by Carcello and Nagy (2004) was utilized for the study. Fraudulent financial reporting served as a proxy for audit quality. The first hypothesis concludes that in the presence of long tenure, there are higher levels of fraudulent reporting. The second …