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University Of North Florida Journal Winter 2015, University Of North Florida

UNF Journal

A university periodical for alumni and friends of the University of North Florida. Division of University Relations.

Trial And Error: Lawyers And Nonlawyer Advocates, Anna E. Carpenter, Alyx Mark, Colleen F. Shanahan

Faculty Scholarship

Nonlawyer advocates are one proposed solution to the access to justice crisis and are currently permitted to practice in some civil justice settings. Theory and research suggest nonlawyers might be effective in some civil justice settings, yet we know very little, empirically, about nonlawyer practice in the United States. Using data from more than 5,000 unemployment insurance appeal hearings and interviews with lawyers and nonlawyers, this article explores how both types of representatives learn to do their work and what this means for their effectiveness. Building on recent research regarding the importance of procedural knowledge and relational expertise as elements …

Preliminary Investigation Into The Cause Of Pinhole Porosity In Aluminum Metal Castings From Serpentine Impurities In Olivine Sand, Brodie J. Biersner

Dissertations and Theses @ UNI

The problem addressed in this study is how contaminates in the foundry molding aggregate olivine, affect aluminum castings during the casting process. This research will concentrate on hydrated contaminates, specifically the mineral serpentine. The purpose of this research is to better understand how hydrated minerals contribute to the generation of pinhole porosity defects during the casting process. Understanding how impurities in foundry aggregates affect the casting process would aid in the reduction of scrap caused by core and molding sands, ultimately providing savings to the casting manufacturer.

A foundry grade olivine was compared to a new source of olivine to …

Commentaire De L'Article 19 De La Convention De Vienne De 1978 Sur La Succession D'État En Matière De Traités: Participation À Des Traités Signés Par L’État Prédécesseur Sous Réserve De Ratification, D’Acceptation Ou D’Approbation, Petros C. Mavroidis, Dr. Vassilis P. Tzevelekos

Faculty Scholarship

Commentary on Article 19 of the Vienna Convention on Succession of States in Respect of Treaties: Participation in Treaties Signed by the Predecessor State Subject to Ratification, Acceptance or Approval

French Abstract: Commentaide de l'article 19 de la Convention de Vienne sur la succession d'État en matière de traités. I. CARACTÉRISTIQUES GÉNÉRALES: 1. Les points épineux: à la recherche de fondements a) L’intention du prédécesseur et l’absence de liens suffisants entre le traité multilatéral signé sous réserve de ratification, d’acceptation ou d’approbation et le territoire b) L’absence d’une pratique étoffée II. LA JUSTIFICATION ET L’UTILITÉ DE L’ARTICLE 19: 1. But …

Beyond Stateless Democracy, Stephen W. Sawyer, William J. Novak, James T. Sparrow

Articles

Pierre Bourdieu began his posthumously published lectures “On the State” by highlighting the three dominant traditions that have framed most thinking about the state in Western social science and modern social theory. On the one hand, he highlighted what he termed the “initial definition” of the state as a “neutral site” designed to regulate conflict and “serve the common good.” Bourdieu traced this essentially classical liberal conception of the state back to the pioneering political treatises of Thomas Hobbes and John Locke.1 In direct response to this “optimistic functionalism,” Bourdieu noted the rise of a critical and more “pessimistic” alternative—something …

A Graduate Recital In Voice, Branden D. S. Haralson

Dissertations and Theses @ UNI

Branden D. S. Haralson, baritone, presented his graduate voice recital on Friday, April 3, 2015, at 6:00 p.m., in Davis Hall of the Gallagher-Bluedorn Performing Arts Center on the University of Northern Iowa campus. The recital was presented in collaboration with pianist Dr. Robin Guy, and included works by Beethoven, Schubert, Mahler, and Duparc. This abstract discusses musical and historical features of the works performed.

On Body Dumps : The Rhetorics Of Corporeal Narcoterrorism, Evan Mitchell Schares

Dissertations and Theses @ UNI

Though the exact number is unknown, estimates indicate the trade and movement of narcotics have resulted in over 60,000 murders of Mexican citizens. As a result of the rising narcoviolence, Felipe Calderón, early in his presidential administration, made the “War on Drugs” a top priority. Despite this effort to curb the violence, in 2010 alone, more than 15,200 lifeless bodies have been left across Mexico, most likely by drug cartels. A nascent phrase, body dumps, has risen in journalistic reports describing this conscious relocation of the ruined corpse to highly visible traffic areas. This thesis explores the rhetorical constructions of …

Development Of A Hydraulic Component Leakage Detecting System Using Pressure Decay Signal, Xuanju Shang

Dissertations and Theses @ UNI

It is preferable to detect leakage at the earliest phase in the manufacturing process, and then further assembly of hydraulic components with leakage problems can be avoided. Integrating a USB based microcontroller and a pressure sensor; this study developed a hydraulic leakage detection system in using air instead of hydraulic oil as medium, through measuring pressure decay signals captured by a real time data acquisition system. Compared with the conventional hydraulic system using oils, this system shows advantages in safety operation and little environmental concerns due to use a lower pressure clean air.

The low-cost hydraulic leakage detection system was …

Resurrecting The Hip-Hop And Christian Cultures: Lecrae's Unashamed Use Of The Rap Narrative, Persona, And Language, Marci Swank

Dissertations and Theses @ UNI

Hip-hop and Christian cultures do not overlap too often, or do they? As a rapper, Lecrae is able to share his narrative through his lyrical content, which includes his Christian faith. This thesis examines the history of hip-hop, Lecrae’s personal influences, and the overarching movement within the two cultures. Lecrae’s persona, use of the hiphop and Christian platforms, and rhetorical decisions reveal him as an example of how the American culture both resists and embraces the less-likely artist. Some view Lecrae as the one bringing hip-hop back to its original origins, but others believe that he is tainting both cultures …

Reconciling The Two Cultures : A Case Study Of The University Of Northern Iowa, Elizabeth Ann Collins

Dissertations and Theses @ UNI

In 1959, chemist and author Charles Percy Snow gave a Rede Lecture at the University of Cambridge in which he named “Two Cultures”—the sciences and the humanities—which, according to his experience as someone who worked in both, were at odds with one another. His words elicited impassioned responses from critics who either agreed with Snow, believing this to be a detriment to society, or vehemently disagreed, believing Snow’s statements to be unfounded, and even antagonistic. This conversation, which had also found relevance in the United States, continues to be important today, and has changed over the years as institutions of …

Instruction And Standards-Referenced Grading In A 9th Grade Conceptual Physics Classroom, John C. Chai

Graduate Research Papers

In recent years, a radical method of assessing students has been gaining popularity. An increasing number of school systems in Iowa and nationwide are implementing standards-referenced grading (Stegmeir, 2014). In standards-referenced grading, grades are determined only by academic factors. This makes grades more accurate, fair, and useful for students and parents. While standards-referenced grading can offer many benefits, stakeholders can often resist making the change (Stegmeir, 2014). The goal of this project is to provide an example of exemplary physics instruction that is assessed using standards-referenced grading in a 9th grade conceptual physics classroom.

Graduate Recital In Viola, Nichelle Probst

Dissertations and Theses @ UNI

Nichelle Probst performed her graduate recital on Friday, April 24, 2015 at 8:00 p.m. in Davis Hall at the Gallagher-Bluedorn Performing Arts Center at the University of Northern Iowa. This recital was given in partial fulfillment of requirements for her Master of Music degree, with an emphasis in viola performance. The recital program consisted of Suite No. 6 in G Major (transcribed from the original for cello in D major), BWV 1012 by Johann Sebastian Bach; Romanze for viola and piano by Ralph Vaughan Williams; Sonate for viola and piano, Op. 25 No. 4 by Paul Hindemith; and Le Grand …

A Master's Recital In Flute, Natalie Mahree Neshyba

Dissertations and Theses @ UNI

Natalie Neshyba presented a graduate flute recital on Friday, March 6th, 2015 at 6:00 pm in Davis Hall of the Gallagher‐Bluedorn Performing Arts Center at the University of Northern Iowa. This recital was given in partial fulfillment of the requirements for a Master of Music degree in flute performance. Dr. Polina Khatsko, pianist, performed alongside Ms. Neshyba on two selections. The program began with an unaccompanied work, Les Folies d’Espagne, by Marin Marais. Next on the program was Claude Debussy’s Sonata in G minor L140 for flute and piano, which was recently transcribed from the original violin version by Dr. …

A Graduate Recital In Voice, Marie Sorenson

Dissertations and Theses @ UNI

Marie Sorenson, soprano, presented her graduate voice recital on Friday, November 6, 2015 at 6:00 p.m. in Davis Hall of the Gallagher-Bluedorn Performing Arts Center on the University of Northern Iowa campus. The program consisted of three sets of music by Reynaldo Hahn, Johannes Brahms, and Jake Heggie, in collaboration with pianist Polina Khatsko. This abstract discusses musical and historical features of the recital pieces in the order of the program.

Say Her Name: Resisting Police Brutality Against Black Women, Kimberlé W. Crenshaw, Andrea J. Ritchie, Rachel Anspach, Rachel Gilmer, Luke Harris

Faculty Scholarship

Say Her Name sheds light on Black women’s experiences of police violence in an effort to support a gender-inclusive approach to racial justice that centers all Black lives equally. It is our hope that this document will serve as a tool for the resurgent racial justice movement to mobilize around the stories of Black women who have lost their lives to police violence ...Our goal is not to offer a comprehensive catalog of police violence against Black women – indeed, it would be impossible to do so as there is currently no accurate data collection on police killings nationwide, no …

Black Girls Matter: Pushed Out, Overpoliced And Underprotected, Kimberlé W. Crenshaw, Priscilla Ocen, Jyoti Nanda

Faculty Scholarship

For girls, as with boys, the failure to receive a high school diploma often places individuals on a pathway to low-wage work, unemployment, and incarceration. The imposition of harsh disciplinary policies in public schools is a well-known risk factor for stunted educational opportunities for Black and Latino boys. Such punishments also negatively affect their female counterparts, as do other conditions in zero-tolerance schools. Yet, the existing research, data, and public policy debates often fail to address the degree to which girls face risks that are both similar to and different from those faced by boys.

This silence about at-risk girls …

To Enumerate Or Not To Enumerate: A Theory Of Congressional Great Powers, Christina D. Ponsa-Kraus

Faculty Scholarship

I have a soft spot for any argument that tends to show the relevance of long-settled constitutional controversies over territorial annexation to hotly debated current events. Even so, I wouldn’t write about this piece if I didn’t think it was well worth reading regardless of how much one cares about the United States’ imperial adventures of over a century ago – or about any given headline today, for that matter.

Perspectives On The Restatement (Fourth) Project, William S. Dodge, Sarah H. Cleveland, Paul B. Stephan, Harold Hongju Koh, John Bellinger, Campbell Alan Mclachlan

Faculty Scholarship

Good morning, everyone, and thank you all for coming. It is great to have this conversation, particularly with so many people who are already helpfully contributing to this project. As Bill said, I just wanted to say a little bit about the treaty prong of the project that was approved for consideration by the ALI a couple of years ago.

First of all, I should note we get a lot of questions about whether or not we are addressing executive agreements and congressional executive agreements, in addition to Article II treaties. And the current answer is that we are not. …

Closing Plenary: Preventing Torture In The Fight Against Terrorism – Remarks By Lori Damrosch, Lori Fisler Damrosch

Faculty Scholarship

I am Lori Damrosch. I am the president of the American Society of International Law. As this is our closing plenary for our 2015 annual meeting, I thought it would be appropriate for me to open it and to say a few words. First of all, it is a tradition at our annual meeting to reserve a place or two for the late-breaking events, or the ‘‘hot topics.’’

Honoring And Celebrating Myrna Raeder, Brett Dignam

Faculty Scholarship

It is a great privilege to be honoring Myrna Raeder and to celebrate her impressive career, scholarship and personhood. How appropriate to bring together scholars and advocates who share and will carry on her passions. Thank you everyone at Southwestern Law School who worked so hard to imagine and realize this symposium, for gathering us together, and for giving us the opportunity to reflect on the many gifts and fierce challenges Myrna gave to each of us. There is no finer tribute we can give than to carry on her work – the development of ideas and the encouragement of …

The Pauline Ministry In The Kentucky Mountains: A Brief Account Of The Kentucky Mt. Holliness Association, Lela Grace Mcconnell

Books

No abstract provided.

The New Permanency, Joshua Gupta-Kagan

Faculty Scholarship

Permanency is a pillar of child welfare law; children generally do better with legally permanent caretakers than in temporary foster care. Historically, when foster children cannot reunify with their parents, states have sought to terminate parental rights and find adoptive families. But recent legal reforms have created a continuum of permanency options, many of which permit ongoing legal relationships with biological parents and do not require termination of biological parents’ rights. Research has demonstrated that such options are as lasting as adoption, and can help more children leave foster care to legally permanent caretakers. This continuum promises to empower families …

Non-Exclusive Adoption And Child Welfare, Joshua Gupta-Kagan

Faculty Scholarship

This Article proposes that child welfare law permit the non-exclusive adoption of foster children who cannot reunify with their parents — that is, adoption by foster parents without severing children’s legal relationships with their biological parents. Present law imposes a choice: extended family members or other foster parents may adopt foster children exclusively — and terminate the legal relationship between the child and biological parents — or they may become guardians — which preserves parent–child relationships but denies foster parents the legal title of “parent,” even when they are long-term primary caretakers.

Non-exclusive adoption would respect the lived reality of …

America’S Forgotten Nuclear Waste Dump In The Pacific, Michael B. Gerrard

Faculty Scholarship

During the Cold War the United States detonated sixty-seven nuclear weapons over the atolls of Bikini and Enewetak in the Marshall Islands. In the late 1970s the United States addressed the massive amount of residual contamination by abandoning Bikini as permanently uninhabitable and pushing much of the waste at Enewetak into the open lagoon. Much of the plutonium was dumped into the crater that had been left by an atomic bomb explosion, and then covered with a thin shell of cement. The resultant “Runit dome” sits unmarked and unguarded in a small island and one day will be submerged by …

Justifying India's Patent Position To The United States International Trade Commission And Office Of The United States Trade Representative, Srividhya Ragavan, Sean Flynn, Brook Baker

Faculty Scholarship

The paper below largely is an extract of the testimonial filed by the authors to the Secretary of the ITC in response to the Notice on the Federal Register dated August 29, 2013 titled Trade, Investment, and Industrial Policies in India: Effects on the U.S. Economy. Where required, the paper also draws from the written submissions that the authors made to the United States Trade Representative’s (hereinafter, USTR) office on the related question of whether India deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property …

Changing Punishments For Property Offenses, To Change The Lives Of Women In Need, Amber Baylor

Faculty Scholarship

This year the Supreme Court denied certiorari to Cecelia Cathleen Rodriguez, a 61- year old woman from Oklahoma sentenced to life in prison. Her crime was theft of two purses from a department store. Ms. Rodriguez hoped that the Supreme Court would see fit to upend her conviction or declare her sentence excessive. Ms. Rodriguez's family reported to the state court that she has struggled with heroin addiction since the 1960s, leading to numerous arrests on petty charges. The majority of her extensive record was composed of petty thefts, drug possession, and other nonviolent offenses. The stolen bags in this, …

The Transition Of An Oral Communication Course From Traditional Face-To-Face To The Online Format: A Faculty Perspective, Cydney A. Lovell

Dissertations and Theses @ UNI

The purpose of this study is to examine instructor experiences regarding their transition from the face-to-face teaching format to the online format of a basic oral communication course. Qualitative interviews were conducted with ten instructors who have transitioned their basic oral communication class to online. Participants were recruited using the Basic Communication Course Directors List Serv and NCA’s CRTNET. Interviews were conducted face-to-face and over the phone using a set of twelve semi-structured interview questions. Participants were instructors from both community colleges and universities. This qualitative study explores all aspects of the transition, including levels of instructor training, the importance …

The Uncertain Effects Of Senate Confirmation Delays In The Agencies, Nina A. Mendelson

Articles

As Professor Anne O’Connell has effectively documented, the delay in Senate confirmations has resulted in many vacant offices in the most senior levels of agencies, with potentially harmful consequences to agency implementation of statutory programs. This symposium contribution considers some of those consequences, as well as whether confirmation delays could conceivably have benefits for agencies. I note that confirmation delays are focused in the middle layer of political appointments—at the assistant secretary level, rather than at the cabinet head—so that formal functions and political oversight are unlikely to be halted altogether. Further, regulatory policy making and even agenda setting can …

The Child Quasi-Witness, Richard D. Friedman, Stephen J. Ceci

Articles

This Essay provides a solution to the conundrum of statements made by very young children and offered against an accused in a criminal prosecution. Currently prevailing doctrine allows one of three basic outcomes. First, in some cases the child testifies at trial. But this is not always feasible, and when it is, cross-examination is a poor method for determining the truth. Second, evidence of the child's statement may be excluded, which denies the adjudicative process of potentially valuable information. Third, the evidence may be admitted without the child testifying at trial, which leaves the accused with no practical ability to …

Using Data Analytics Tools To Supplement Traditional Research And Analysis In Forecasting Case Outcomes, Mark K. Osbeck

Articles

Companies are now developing legal research tools that employ the power of data analytics to aid case forecasting. These tools hold significant promise as a supplement to the traditional element-focused predictive analysis. Instead of having to rely solely on their own experience to balance the results of the traditional element-focused analysis, lawyers may soon be able to rely on software products that mine data about past cases, and then run the data through algorithms to detect patterns. Those patterns can then inform predictions about likely case outcomes, based upon similarities between the facts, the courts, the individual judges, etc.