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Botanist And Plant Exploration On The Pacific Coast Of North America: A Bibliography, James P. Smith Jr

Botanical Studies

No abstract provided.

A Qualitative Study Of Family Forest Owners' Experiences With Timber Transactions, Adam Maltempie

Graduate Theses, Dissertations, and Problem Reports (ETD)

The majority of forestland in America is privately owned. Family forest owners own 62% of all private forestland in America. In West Virginia family forest owners own 6.5 million acres (53%) of all forestland in the state. Timber harvesting from these family forests is crucial to the states and nations timber industry. We examined family forest owners' experiences during the complex timber transaction process. This process covers the time from when the landowner decides to sell timber until all harvest, legal, and financial aspects are completed. We conducted a focus group with nine participants representing eight different family owned forests …

Examining The Efficacy Of A 1-Session Brief Behavioral Activation Intervention With University Students With Mild To Moderate Depressive Symptoms, D. Lee Mccluskey

Graduate Theses, Dissertations, and Problem Reports (ETD)

Early intervention may increase the likelihood that students with depressive symptoms complete degree requirements and reduce the likelihood of negative outcomes associated with depression in adults. The goal of this study was to assess the efficacy of a 1-session version of Brief Behavioral Activation Treatment for Depression-Revised (BATD-R; Lejuez, Hopko, Acierno, Daughters, & Pagoto, 2011) with university students with mild-to-moderate depressive symptoms. Participants (N = 39) were randomly assigned to either a clinical or a control group. Participants completed measures of depression, negativity bias, mindfulness, and experiential avoidance at pre-intervention, two-week follow-up, and one-month follow-up. Both ITT and study completer …

The Economic Benefits Of Portable Instrumentation On The Criminal Justice System: A Comprehensive Return-On-Investment Analysis, Korina Menking-Hoggatt

Graduate Theses, Dissertations, and Problem Reports (ETD)

Prosecuting crime is an expensive endeavor. This thesis compiles data from a variety of sources to show that, in 2015, the average cost of prosecuting a seized-drug case in the United States was about {dollar}26,000. Of that amount, crime laboratories only cost about {dollar}275 per seized-drug case, or less than ~1% of the total cost of prosecuting a drug case. We show that the criminal justice system could save millions of dollars per year by strategically investing in portable chemical instrumentation and conducting seized-drug confirmatory analyses at the scene of the crime, or at booking, instead of in the laboratory. …

A New Balance Of Evils: Prosecutorial Misconduct, Iqbal, And The End Of Absolute Immunity, Mark Niles

Scholarly Articles in Law Reviews & Journals

Criminal prosecutors wield immense power in the criminal justice system. While the majority of prosecutors exercise this power in a professional manner, there is compelling evidence of a serious and growing problem ofprosecutorial misconduct in this country. Although much prosecutorial misconduct results in the violation of the constitutional and other legal rights of criminal defendants, prosecutors arep rotectedfrom any liability arisingf rom these violations in all but the most exceptional cases by the defense of absolute immunity. The US. Supreme Court has justified the application ofabsolute prosecutorial immunity, in part, by noting that other means of incentivizing appropriate prosecutorial conduct …

Using Carbon And Oxygen Isotopes To Monitor Water-Rock Interaction Under Simulated Geothermal Conditions, Stephen J. Henry

Graduate Theses, Dissertations, and Problem Reports (ETD)

Engineered or Enhanced Geothermal Systems (EGS) have to potential to unlock vast high-temperature energy resources that lack the natural permeability and fluid flow required for power generation. In order to ensure sustained fracture connectivity in EGS, water-rock interactions must be understood in high temperature and pressure systems. Using cores from Brady's Field Well BCH-03, investigations were conducted to test the feasibility of using carbon and oxygen isotopes to monitor water-rock interactions under simulated geothermal conditions. Reactions were examined in a series of high-temperature pressure vessels and a high-temperature flow-through system in which a calcium bicarbonate solution was exposed to meta-volcanic …

Differential Response Policy And Child Maltreatment Re-Report, Amy A. Hunter

Graduate Theses, Dissertations, and Problem Reports (ETD)

Child maltreatment is a serious public health issue. The decisions made by Child Protective Services (CPS) in response to reports of maltreatment may influence a child's risk of subsequent maltreatment. Studies have found a direct relationship between adverse childhood events (ACEs), (e.g., experiencing maltreatment, exposure to violence) and negative health outcomes across the lifespan (e.g., disease, developmental delays, suicidality, injury and death). Traditional CPS investigations focus on determining details of abuse events, and use that information to assess child safety and risk of future harm. The introduction of differential response policy provides supportive and preventive services to mitigate the risk …

The Evolution Of Luminous Compact Blue Galaxies In Cosmos Between Z~0.0-1.0, Lucas Hunt

Graduate Theses, Dissertations, and Problem Reports (ETD)

Luminous Compact Blue Galaxies (LCBGs) are bright, compact star forming galaxies that are common in the distant universe, but rare locally. In this thesis we have conducted studies tracing changes in the LCBG population between z = 0.0--1.0 in the COSMOS survey region. We used the luminosity function to show LCBG's contribution to the luminosity density is increasing between z = 0.0--1.0. From this we also find the number density of LCBGs is increasing by an order of magnitude from z = 0.0--1.0. Finally we show that 10% of galaxies brighter than MB = --18.5 are LCBGs at z ~ …

Spatial Centering Of A Quadcopter In An Underground Coal Mine, Jonathan Itschner

Graduate Theses, Dissertations, and Problem Reports (ETD)

The recent proliferation of smaller and more affordable sensing and computing has contributed to an increased availability of unmanned aerial vehicles, UAV's. Specifically, quadrotor platforms have become popular due to their low cost, versatility, and relative ease of operation. There are a variety of applications for this type of aerial vehicle, ranging from hobbyist photography to search and rescue operations. This thesis documents the feasibility of using a quadrotor UAV within the confined space of an underground coal mine during an emergency. Additionally, this paper notes in the Appendix an experiment to remotely operate a quadcopter that is located underground. …

The Effect Of Kinesio Tape® Applied To Forward Shoulder Posture Observed And Quantified With Diagnositc Ultrasound, Taylor Jean Ashcraft

Health Nutrition and Exercise Science

Allied health care professionals use Kinesio Tape® to reduce pain and increase performance without evidence of the impact on anatomical structures. The purpose of this research was to evaluate the effects of three Kinesio Taping Methods® on Forward Shoulder Posture (FSP). Thirty adults were randomized in a pre-/post-test study randomly assigned to one of the three Kinesio Tape® conditions: (1) inhibition of the pectoralis minor; (2) facilitation of the lower trapezius; and (3) a combination of both techniques. A baseline measurement of the location of the humerus was obtained using diagnostic ultrasound. Participants wore the respective taping technique for 24 …

Exploration Of A Confidence-Based Assessment Tool Within An Aviation Training Program, Paul F. Novacek

Journal of Aviation/Aerospace Education & Research

Traditional use of multiple-choice questions reward a student for guessing. This technique encourages rote memorization of questions to pass a lengthy exam, and does not promote comprehensive understanding or subject correlation. In an effort to identify guessing on answers during an exam within a safety-critical aviation pilot training course, a qualitative research study was undertaken that introduced a confidence-based element to the end-of-ground-school exam. Confidence-based assessments consist of students’ self-reported level of certainty in their responses, indicating which answers they believe are correct while also indicating how confident they feel with their selections. The research goals were to clearly identify …

Property And The True-Sale Doctrine, Heather Hughes

Scholarly Articles in Law Reviews & Journals

The true-sale doctrine governs financial transactions involving hundreds of billions of dollars each year. Yet this doctrine is confused, unsettled and subject to differing approaches from state to state: it lacks normative foundation and it lacks coherence. The true-sale doctrine determines the fate of investors asserting ownership of securitized assets at the expense of unsecured creditors, such as employees. It distinguishes assignments to secure loans (leaving assets potentially reachable by unsecured creditors), from outright sales (making assets the exclusive property of investors). A rich literature addresses the efficiency of securitization. But scholars and policy-makers have failed to sufficiently relate positions …

Protein-Ligand Docking Application And Comparison Using Discovery Studio And Autodock, Qi Wang

Plant Sciences

Protein-ligand docking is a structure-based computational method, which is used to predict the small molecule binding modes and binding affinities with protein receptors. The goals of this study are to compare the docking performances of different software and apply the docking method to predict how protein fatty acid desaturase 1 (FADS1) interact with ligands. Two docking software, Discovery Studio and AutoDock, are used for docking comparison of 195 protein-ligand complexes from PDBind dataset. AutoDock performs a little bit better than Discovery Studio on the docking percentage, which is the percent of the docked complexes out of 195. On the other …

Genetic Diversity Of The Guatemalan Climbing Bean Collections, Maria Gabriela Tobar Pinon

Plant Sciences

Since common bean is the most important legume crop for human consumption around the world, bean breeders are challenged to increase production of beans while facing new problems like climate change. Guatemalan climbing beans have been suggested to represent race Guatemala, a newly identified race in the Middle American gene pool that may represent an untapped source of alleles for bean improvement. This study confirmed the existence of race Guatemala in the Middle American gene pool and its differentiation from other races. The low population structure found within these Guatemalan beans also makes this population ideal for discovery of candidate …

Distillers Byproduct Compared To Other Nitrogen Sources As A Fertilizer For Corn, Elizabeth Anne Lovering

Plant Sciences

Corn (Zea mays L.) based ethanol and associated byproducts like wet (WDG) production has increased over the past decade. Research was conducted in five environments in North Dakota to determine the nitrogen (N) fertilization value of WDG compared to five other N fertilizer sources. In fertilizer responsive sites, 25% more WDG were required based on N equivalent than other N sources to obtain a similar yield and grain protein when applied in the spring. Effectiveness of WDG were reduced when applied to no-tilled corn. Utilizing WDG as a nitrogen source is not economical at the current product prices of WDG …

Dispute Resolution And Spiritual Congruity, F. Peter Philips

Articles & Chapters

A survey of various conflict resolution approaches suggests a correlation between spiritual traditions and conflict resolution strategies. Moreover, Western societies' approaches to dispute resolution appear incongruent with stated spiritual and cultural values.

Developing Skills To Address Cultural Issues In Arbitration And Mediation, Theodore K. Cheng

Articles & Chapters

No abstract provided.

Rethinking Prosecutors' Conflicts Of Interest, Bruce Green, Rebecca Roiphe

Articles & Chapters

Conflicts of interest are endemic to almost all prosecutors’ discretionary decisions, and are the source of many instances of misconduct and abuse. Prosecutors’ decisions are riddled with complex motivations, beliefs, and interests that potentially divert them from their duty to do justice. Understood as any personal belief or interest that could interfere with the prosecutors’ ability to serve the public interest, conflicts of interest threaten to undermine the efficacy and legitimacy of the criminal justice system. The traditional regulatory system barely addresses the problem and could never effectively do so. Drawing on experimentalism, which mandates that local actors design and …

Patent Law's Reproducibility Paradox, Jacob S. Sherkow

Articles & Chapters

Clinical research faces a reproducibility crisis. Many recent clinical and preclinical studies appear to be irreproducible; their results cannot be verified by outside researchers. This is problematic for not only scientific reasons but legal ones: patents grounded in irreproducible research appear to fail their constitutional bargain of property rights in exchange for working disclosures of inventions. The culprit is likely patent law’s doctrine of enablement. Although the doctrine requires patents to enable others to make and use their claimed inventions, current difficulties in applying the doctrine mitigate or even actively dissuade reproducible data in patents. This Article assesses the difficulties …

Tolling For The Aching Ones Whose Wounds Cannot Be Nursed’: The Marginalization Of Racial Minorities And Women In Institutional Mental Disability Law, Michael L. Perlin, Heather Ellis Cucolo

Articles & Chapters

Individuals with mental disabilities have traditionally been and continue to be subjected to rights violations and pervasive discrimination because of their mental disabilities. Seen as “the other,” individuals who are racial minorities and/or are women are marginalized to an even greater extent than other persons with mental disabilities in matters related to civil commitment and institutional treatment (especially involving theright to refuse medication).

It is impossible to examine these questions critically without coming to grips with the ways that expert testimony — testimony that is essential and necessary in all these cases — is infected with bias that leads to …

Introduction, Brandt Goldstein

Articles & Chapters

No abstract provided.

Transsexual, Transgender, Trans: Reading Judicial Nomenclature In Title Vii Cases, Kris Franklin, Sarah Chinn

Articles & Chapters

No abstract provided.

Law And The Poetic Imagination, Richard Sherwin

Articles & Chapters

No abstract provided.

The Duty To Charge In Police Use Of Excessive Force Cases, Rebecca Roiphe

Articles & Chapters

Responding to the problems of mass incarceration, racial disparities in justice, and wrongful convictions, scholars have focused on prosecutorial overcharging. They have, however, neglected to address undercharging the failure to charge in entire classes of cases. Undercharging can similarly undermine theefficacy and legitimacy of the criminal justice system. While few have focused on this question in thedomestic criminal law context, international law scholars have long recognized the social and structural cost for nascent democratic states when they fail to charge those responsible for the prior regime’s human rights abuses. This sort of impunity threatens the rule of law and misses …

Promoting Dignity And Preventing Shame And Humiliation By Improving The Quality And Education Of Attorneys In Sexually Violent Predator (Svp) Civil Commitment Cases, Heather Ellis Cucolo, Michael L. Perlin

Articles & Chapters

In Strickland vs. Washington, the Supreme Court acknowledged that the role of counsel is critical to the ability of the adversarial system to best insure that just results are produced. Yet, the Court did not elaborately define the Sixth Amendment constitutional right to counsel and lower courts, have set the bar shockingly low.

In this article we examine the quality of attorneys who litigate Sexually Violent Predator Act (SVPA) cases, and conclude that a failure to apply a higher standard of adequate counsel – beyond what was set out in Strickland – results in humiliation, shame and lack of dignity …

Statutory Junk, David Schoenbrod

Articles & Chapters

Much as “space junk”—the debris that past space missions have left in earth’s orbit—can disable a current space mission, obsolete statutory commands that Congress has left on the books can keep an administrative agency from accomplishing its current mission. This statutory junk has proliferated in recent decades because Congress has shifted from giving agencies open-ended authority to commanding them in exacting detail, but often fails to revise these commands after changing circumstances have made the old commands perverse. Congress fails because, contrary to the suppositions of some law professors, this delegation allows legislators to shift blame to the agency for …

The Insanity Defense: Nine Myths That Will Not Go Away, Michael L. Perlin

Articles & Chapters

Writing about the insanity defense over a quarter of a century ago, the author of this chapter stated: "Until we 'unpack' the empirical and social myths that underlie our misconceptions about the insane and the insanitydefense and hold us in a paralytic thrall, we cannot begin to move forward." Some five years later, he began a full-length book on the insanity defense by alleging, "Our insanity defense jurisprudence is incoherent." Five years after that, he concluded that "we as a society remain fixated on the insanity defense as a symbol of all that is wrong with the criminal justice system …

Ancillary Agreements In Real Estate Transactions, Andrew R. Berman, Barry Hines, Everett Ward

Articles & Chapters

No abstract provided.

I'Ve Got My Mind Made Up: How Judicial Teleology In Cases Involving Biologically Based Evidence Violates Therapeutic Jurisprudence, Michael L. Perlin

Articles & Chapters

Courts are, and have always been, teleological in cases involving litigants with mental disabilities. By “teleological,” I refer to outcome-determinative reasoning; social science that enables judges to satisfy predetermined positions is privileged, while data that would require judges to question such ends are rejected. In this context, judges treat biologically-based evidence in criminal cases involving questions of mental disability law so as to conform to their pre-existing positions. This applies to cases involving questions of the death penalty, the insanity defense, civil competency, incompetency to stand trial, questions related to malingering, and criminal sentencing, and more.

In this paper, I …

Genetic Studies Of Winter Hardiness In Pisum Sativum L., Courtney J. Holdt

Plant Sciences

Pea (Pisum sativum L.) is valued for its high protein content and symbiotic nitrogen fixation. The use of pea as a green manure and cover crop in rotations has been increasing. Pea is grown as a winter crop but current varieties are not able to survive the harsh winter of areas like North Dakota. This study has developed a protocol to select for winter hardiness in a greenhouse setting using a freeze chamber. Selections were made after acclimating for 4 weeks and freezing to -8°C. The protocol was used on a subset of two recombinant inbred line populations, Pril-1 (‘Shawnee’/ …