Digital Commons Network^™

Determining Glacier Drift Ages Using Multispectral Remote Sensing Data, Paula Crock

Theses and Dissertations

Determining the ages of glacier drifts in Antarctica can help paleoclimatologists determine

the changes Earth’s climate has gone through and thereby inform models for future climate

change prediction. However, many of these drifts are difficult to reach for sample collection

necessary to determine their ages. This research attempts to use multispectral remote sensing

data to expand the mapping of drift ages from known point measurements regionally. This

research is based on existing drift ages from Ong Valley, Transantarctic Mountains. Two

methods were used to determine a combination of the image band data that would sufficiently

distinguish the three age-distinct drift …

The Impact Of Agroclimatic Variables On Crop Insurance Claims In Saskatchewan, Patrick Frimpong Manso

Theses and Dissertations

The study investigated the impact of agroclimatic variables on the loss cost of hard red spring wheat (HRSW), durum, barely and canola in Saskatchewan. Using daily data on temperature and precipitation, we estimated the water balance or soil moisture using American Society of Civil Engineers standard reference evapotranspiration formula. Accounting for model uncertainty by using Bayesian modeling averaging (BMA), we find that loss cost is influence by monthly temperature and water balance. We find that water balance in June and August impact loss cost of the HRSW, durum, barley and canola. Depending on the crop, one percent increase June water …

Addressing Diversity In Medical Laboratory Science Education: Perceptions And Practices, Christie Lynn Massen

Theses and Dissertations

Multicultural Education and Culturally Responsive Teaching methods have been available to assist educators in addressing diversity for a long time. However, the literature fails to address how diversity is being incorporated in laboratory science educational programs. The purpose of this study was to better understand Medical Laboratory Science (MLS) and Medical Laboratory Technician (MLT) educators’ perceptions and practices. To understand what diversity in MLS and MLT education looks like, the following research questions were identified:

1. What are MLS and MLT instructors’ perceived levels of importance for addressing the needs of an increasingly diverse student population?

2. How do MLS …

Teacher Perspectives On The Impact Of High-Stakes Testing On Students With Disabilities: A Grounded Theory Study, Tammy Mayer

Theses and Dissertations

The Individuals with Disabilities Education Act 1997 (IDEA), No Child Left Behind Act 2001 (NCLB), and Every Child Succeeds Act 2015 (ESSA) has changed how public schools adapt to standards and accountability systems for all students, including students with mild-to-significant cognitive disabilities. Federal legislation has changed the focus of teaching and learning since the implementation of NCLB. This movement has altered the way students with disabilities are compared to their same-age peers.

High-stakes testing has generated numerous challenges for educators, administrators, parents, and students across the nation. Increased pressure has been placed on schools to achieve Adequate Yearly Progress (AYP), …

Employment Effects Of The 2015 Minimum Wage Increase In Johnson County, Iowa, Joseph Charles Pastorino

Theses and Dissertations

This paper studies the employment effects of the November 2015 minimum wage increase in Johnson County, Iowa from $7.25 per hour to $8.25 per hour. It was the first of three incremental minimum wage increases implemented by the county to raise its minimum wage to $10.10 per hour. The paper uses a difference-in-difference approach to compare the experience of the Johnson County labor market with that of contiguous border counties to estimate the impact of the policy change. The study’s results yielded employment comparison estimates which were not statistically significant. Therefore, the null hypothesis that the policy effect of the …

Indigenous Knowledge System And Decolonizing Methodology Interwoven Into Higher Education Experiences: Autoethnography, Franklin Sage

Theses and Dissertations

What ways can Indigenous Knowledge and Diné Knowledge Systems be useful in autoethnography doctoral research? This dissertation uses Indigenous Research Methodology and autoethnography to make use of storytelling from the Navajo Creation Story and Navajo Circular Model to examine the educational experiences of Native Americans in higher education. A Navajo Circular Model was developed to provide a visual guide of the Indigenous Research process utilizing various Navajo traditional elements. This dissertation highlights federal policies that changed the course of Native American education. The results are in autoethnography that reveals how cultural identity, names, dislocation from home, financial barriers and racism …

"Make Him An Offer He Can't Refuse"-- Mezzanatto Waivers As Lynchpin Of Prosecutorial Overreach, Christopher B. Mueller

Publications

Plea bargaining is the dominant means of disposing of criminal charges in the United States, in both state and federal courts. This administrative mechanism has become a system that is grossly abusive of individual rights, leading to many well-known maladies of the criminal justice system, which include overcharging, overincarceration, convictions on charges that would likely fail at trial, and even conviction of “factually innocent” persons. Instrumental in the abuses of plea bargaining is the so-called Mezzanatto waiver, which takes its name from a 1995 Supreme Court decision that approved the practice of getting defendants to agree that anything they say …

Firearms In The Family, Carolyn B. Ramsey

Publications

This Article considers firearms prohibitions for domestic violence offenders, in light of recent Supreme Court decisions and the larger, national debate about gun control. Unlike other scholarship in the area, it confronts the costs of ratcheting up the scope and enforcement of such firearms bans and argues that the politicization of safety has come at the expense of a sound approach to gun control in the context of intimate-partner abuse. In doing so, it expands scholarly arguments against mandatory, one-size-fits-all criminal justice responses to domestic violence in a direction that other critics have been reluctant to go, perhaps because of …

Employers' Duties Of Honesty And Accuracy, Helen Norton

Publications

This short essay is a contribution to the Labor Law Group's chapter-by-chapter critique and analysis of the American Law Institute's effort to restate the common law of employment through its 2015 Restatement of Employment Law. This essay focuses specifically on sections 6.05 and 6.06 of the Restatement, which address employers’ duties of honesty and accuracy in their communications to workers themselves as articulated by the torts of fraudulent and negligent misrepresentation.

Employers speak to workers about a wide range of job-related topics that include the terms and conditions of employment, business projections, and applicable workplace legal protections. Employers’ …

The Genesis: A Symphonic Work And Analysis, Max Keller

Faculty Publications

The biblical account of creation found in the Book of Genesis is known to billions around the world through its proclamation by multiple religions and numerous denominations. As such it is embedded in many cultures, especially that of the Western civilization and art. This article contains all but two of the movements, three and six, of Max Keller’s analysis of his multi-movement symphonic work The Genesis. The work sought to be a musical expression of the creation narrative found in the Book of Genesis, with direct correlations to the original Hebrew text. As such, the analysis takes an in-depth look …

Social Enterprise, Law And Legal Education, Devon Kapoor, Lorne Sossin

All Papers

In this brief essay, we explore the relationship between law and social enterprise. Is social enterprise, like the “corporation,” a legal construct, or is it a term used to capture an emerging set of practices by existing entities—for example, where registered charities set up a separate structure to generate revenues which then fund the charitable activities. An organization that has undertaken such practices is the well-known Canadian charity, “Me to We,” which, while focused on development activities in sub-Saharan Africa, also has a revenue generating operation selling fair trade T-shirts and other goods. In describing this relationship, Me to We’s …

Solving The Riddle Of Rape By Deception, Luis E. Chiesa

Journal Articles

Is sex obtained by lies an act of lawful seduction or criminal rape? This deceptively simple question has baffled courts and scholars for more than a century. In an influential recent article, Yale Law Professor Jed Rubenfeld argued that our ambivalence towards this question generates what he called the “riddle of rape-by-deception”. The riddle is that if rape is defined as having sex without consent, then rape statutes should prohibit sex by deception just as much as they prohibit sex by force. Yet they don’t. So either rape statutes are guilty of a huge, inexplicable oversight or rape law is …

Statutory Junk, David Schoenbrod

Emory Law Journal Online

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 this delegation allows legislators to shift blame to the agency for harms that statutes do to their constituents. The …

Penal Incapacitation: A Situationist Critique, Guyora Binder, Ben Notterman

Journal Articles

Incapacitation of offenders has been an influential goal of criminal justice policy during the era of mass incarceration. The Supreme Court’s Eighth Amendment Jurisprudence has accepted incapacitation alone as a justifying purpose for recidivist sentencing enhancements. Yet recent Eighth Amendment decisions have required that severe sentences of incarceration be justified by reference to all purposes of punishment cumulatively, and have tested claims of incapacitative benefits against empirical evidence. This Article critiques penal incapacitation as both theoretically and empirically flawed. Incapacitation theory underestimates situational factors contributing to crime, over-attributes dangerousness to individuals, and fails to account for crime committed in prison. …

Capital Punishment Of Unintentional Felony Murder, Guyora Binder, Brenner Fissell, Robert Weisberg

Journal Articles

Under the prevailing interpretation of the Eighth Amendment in the lower courts, a defendant who causes a death inadvertently in the course of a felony is eligible for capital punishment. This unfortunate interpretation rests on an unduly mechanical reading of the Supreme Court’s decisions in Enmund v. Florida and Tison v. Arizona, which require culpability for capital punishment of co-felons who do not kill. The lower courts have drawn the unwarranted inference that these cases permit execution of those who cause death without any culpability towards death. This Article shows that this mechanical reading of precedent is mistaken, because the …

Losac Agenda 2017-01, Library Operating Staff Advisory Committee

University Libraries Archives

No abstract provided.

Losac Minutes 2017-01, Library Operating Staff Advisory Committee

University Libraries Archives

No abstract provided.

Merrymeeting River System, Cooperative Extension

UNH Cooperative Extension

No abstract provided.

Zervos V Trump, New York Supreme Court

Historical and Topical Legal Documents

No abstract provided.

Cockrum V Donald J Trump For President, Eastern District Of Virginia

Historical and Topical Legal Documents

No abstract provided.

A Curriculum-Based Alternative Value-Added Model For Special Education Teacher Preparation Programs, Jazarae K. Mccormick

Electronic Theses and Dissertations 2010 - 2019

The reality of changing state and federal policy, as well as the process of program improvement across teacher preparation programs has prompted a line of research into the exploration of an alternative curriculum-based value-added model (VAM). Based upon a thorough review of VAMs as they have been applied to education policy and decision-making, this line of inquiry focused on a curriculum-based approach to increasing our understanding of how the instructional efforts of our candidates affect the learning gains of the K-12 students they teach. Designed to conform to the fundamental principles of evidence-based practice, candidate and program level data for …

Historical Gloss, Constitutional Conventions, And The Judicial Separation Of Powers, Curtis A. Bradley, Neil S. Siegel

Faculty Scholarship

Scholars have increasingly focused on the relevance of post-Founding historical practice to discern the separation of powers between Congress and the executive branch, and the Supreme Court has recently endorsed the relevance of such practice. Much less attention has been paid, however, to the relevance of historical practice to discerning the separation of powers between the political branches and the federal judiciary—what this Article calls the “judicial separation of powers.” As the Article explains, there are two ways that historical practice might be relevant to the judicial separation of powers. First, such practice might be invoked as an appeal to …

Triangulating Public Meaning: Corpus Linguistics, Immersion, And The Constitutional Record, Lawrence B. Solum

Faculty Scholarship

This Essay contributes to the development of an originalist methodology by making the case for an approach that employs three distinct methods, each of which serves as a basis for confirming or questioning the results reached by the other two. This approach will be called the Method of Triangulation. The three component techniques are as follows:

(1) The Method of Corpus Linguistics: The method of corpus linguistics employs large-scale data sets (corpora) that provide evidence of linguistic practice.

(2) The Originalist Method of Immersion: The method of immersion requires researchers to immerse themselves in the linguistic and conceptual world of …

Teaching Public Policy Drafting In Law School: One Professor's Approach, Lisa A. Rich

Faculty Scholarship

This article provides an overview of the Drafting for Public Policy course offered at the Texas A&M University School of Law. The article addresses the theoretical and pedagogical underpinnings of the course, including how such a course easily encompasses the teaching of cultural context and awareness, as well as professional identity, and encourages students to engage deeply in the policymaking process. It also explores the continued relevance of the work of Harold D. Lasswell, as well as that of Myres McDougal and Anthony Kronman. These works, from 1943 and 1993 respectively, resonate now because they called on law schools to …

A New International Legal Regime For A New Reality In The War Against Drugs, Guillermo J. Garcia Sanchez

Faculty Scholarship

The paper reviews the existing international legal regime on the war against drugs and argues that it has become obsolete in the face of the trend to legalize the consumption of certain drugs, such as marijuana, in developed nations. It particularly analyzes the contradictory practice of the United States to pressure producing states, such as Mexico and Colombia, to enforce the regime and at the same time allow the legalization of consumption in local U.S. states.

Chemical Repellents, Scott J. Werner, Michael L. Avery

United States Department of Agriculture Wildlife Services: Staff Publications

Agricultural depredations caused by blackbirds can be managed with various lethal and nonlethal methods, including chemical repellents. For many people, nonlethal chemical repellents represent an appealing approach to managing crop depredation because the depredating birds are targeted but not killed; they are just inconvenienced. An effective repellent application can cause the crop-depredating birds to leave their present feeding site and seek food elsewhere. Where the birds go to feed is immaterial to the producer as long as the birds leave the producer's field. Thus, an effective repellent application will not likely affect the overall size of the blackbird population, but …

Ecology And Management Of Red-Winged Blackbirds, George M. Linz, Page E. Klug, Richard A. Dolbeer

United States Department of Agriculture Wildlife Services: Staff Publications

The red-winged blackbird (Agelaius phoeniceus) is one of the most abundant bird species in North America, with an estimated spring breeding population of 150 million individuals that nest in emergent wetland vegetation and upland habitats throughout the continent (Yasukawa and Searcy 1995; Forcey et al. 2015; Rosenberg et al. 2016). During the nonbreeding season, red-winged blackbirds are often found in flocks numbering from a few birds to many thousands, sometimes in association with other blackbird species and European starlings (Sturnus vulgaris). In winter, red-winged blackbirds and these associated species gather in roosts occasionally numbering over 10 …

Study Design Concepts For Inferring Functional Roles Of Mammalian Top Predators, Richard M. Engeman, Lee R. Allen, Benjamin L. Allen

United States Department of Agriculture Wildlife Services: Staff Publications

The roles and functions of top predators have in recent years been an important yet controversial field of biodiversity conservation research. Interrelationships between sympatric species within complex systems can pose enormous challenges for designing studies that gain clear understanding of specific relationships and processes. Teasing out the nature of the relationships is made far more difficult, if not impossible, if the experimental design of the studies is flawed or too limited for the desired inferences, and/or if the observational methods are inappropriate or too unwieldy to obtain the necessary data validly. The most powerful observation methods for understanding the interrelationships …

Can We Save Large Carnivores Without Losing Large Carnivore Science?, Benjamin L. Allen, Lee R. Allen, Henrik Andrén, Guy Ballard, Luigi Boitani, Richard M. Engeman, Peter J. S. Fleming, Adam T. Ford, Peter M. Haswell, Rafal Kowalczyk, John D. C. Linnell, L. David Mech, Daniel M. Parker

United States Department of Agriculture Wildlife Services: Staff Publications

Large carnivores are depicted to shape entire ecosystems through top-down processes. Studies describing these processes are often used to support interventionist wildlife management practices, including carnivore reintroduction or lethal control programs. Unfortunately, there is an increasing tendency to ignore, disregard or devalue fundamental principles of the scientific method when communicating the reliability of current evidence for the ecological roles that large carnivores may play, eroding public confidence in large carnivore science and scientists. Here, we discuss six interrelated issues that currently undermine the reliability of the available literature on the ecological roles of large carnivores: (1) the overall paucity of …

Evaluating The Influence Of Water Developments On The Demography And Spatial Ecology Of A Rare, Desert-Adapted Carnivore: The Kit Fox (Vulpes Macrotis), Bryan M. Kluever, Eric M. Gese

United States Department of Agriculture Wildlife Services: Staff Publications

Constructing water developments to support anthropogenic activities and particular fauna is pervasive across many arid regions of the globe. Despite their prevalence and a predicted increase as a management and conservation tool, water developments may have complex and unanticipated impacts on wildlife. For example, the addition of water developments to the Great Basin Desert in the western United States may have indirectly contributed to a decrease in distribution and abundance of kit foxes (Vulpes macrotis). From 2010 to 2013, we examined survival, relative abundance, and habitat characteristics of kit foxes in relation to water developments on the U.S. …