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2018

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The Supreme Court Of India: An Empirical Overview Of The Institution, Aparna Chandra, William H.J. Hubbard, Sital Kalantry Jan 2018

The Supreme Court Of India: An Empirical Overview Of The Institution, Aparna Chandra, William H.J. Hubbard, Sital Kalantry

Public Law and Legal Theory Working Papers

The Indian Supreme Court has been called “the most powerful court in the world” for its wide jurisdiction, its expansive understanding of its own powers, and the billion plus people under its authority. Yet scholars and policy makers have a very uneven picture of the court’s functioning: deep knowledge about the more visible, “high-profile” cases but very little about more mundane, but far more numerous and potentially equally important, decisions. This chapter aims to address this imbalance with a rigorous, empirical account of the Court’s decisions from 2010 to 2015. We use the most extensive original dataset of Indian Supreme …

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Racial Equity In Algorithmic Criminal Justice, Aziz Z. Huq Jan 2018

Racial Equity In Algorithmic Criminal Justice, Aziz Z. Huq

Public Law and Legal Theory Working Papers

Algorithmic tools for predicting violence and criminality are being used more and more in policing, bail, and sentencing. Scholarly attention to date has focused on their procedural due process implications. My aim here is to consider these instruments’ interaction with the enduring racial legacies of the criminal justice system There are two competing lenses for evaluating the racial effects of algorithmic criminal justice: constitutional doctrine and emerging technical standards of “algorithmic fairness.” I argue first that constitutional doctrine is poorly suited to the task. It will often fail to capture the full range of racial issues that potentially arise in …

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Sexual Harassment And Corporate Law, Daniel Hemel, Dorothy S. Lund Jan 2018

Sexual Harassment And Corporate Law, Daniel Hemel, Dorothy S. Lund

Public Law and Legal Theory Working Papers

The year 2017 marked an inflection point in the evolution of social norms regarding sexual harassment. While victims of workplace harassment had long suffered in silence, the surfacing of serious sexual misconduct allegations against Hollywood producer Harvey Weinstein encouraged many more victims to tell their personal stories of abuse. These scandals have spread beyond Hollywood to the rest of corporate America, leading to the departures of several high-profile executives as well as sharp stock price declines at a number of firms. In the past year, shareholders at four publicly traded companies have filed lawsuits alleging that corporate directors and officers …

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Statutory Interpretation On The Bench: A Survey Of Forty-Two Judges On The Federal Courts Of Appeals, Abbe R. Gluck, Richard A. Posner Jan 2018

Statutory Interpretation On The Bench: A Survey Of Forty-Two Judges On The Federal Courts Of Appeals, Abbe R. Gluck, Richard A. Posner

Public Law and Legal Theory Working Papers

This Article reports the results of a survey of a diverse group of forty-two federal appellate judges concerning their approaches to statutory interpretation. The study reveals important differences between their approaches and the approach that the Supreme Court purports to take. It also helps to substantiate the irrelevance of the enduring, but now-boring, textualism-versus-purposivism debate. None of the judges we interviewed was willing to associate himself or herself with “textualism” without qualification. All consult legislative history. Most eschew dictionaries. All utilize at least some canons of construction, but for reasons that range from “window dressing,” to the use of canons …

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Limited Inalienability Rules, Ariel Porat, Stephen D. Sugarman Jan 2018

Limited Inalienability Rules, Ariel Porat, Stephen D. Sugarman

Public Law and Legal Theory Working Papers

Most people’s entitlements are protected by a property rule, which means that their holders can sell them for a price. But some important entitlements are protected by an inalienability rule, and hence cannot be sold under any circumstances. For example, people cannot sell their organs. In most jurisdictions, women cannot be surrogate mothers for a fee (only for reimbursement of costs). People cannot sell their right not to be exposed to highly life-threatening conditions. Most constitutional rights are not transferrable. People cannot reassign their legal entitlements to social benefits provided by the government. Tort victims in many jurisdictions cannot sell …

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Innovation Policy Pluralism, Daniel J. Hemel, Lisa Larrimore Ouellette Jan 2018

Innovation Policy Pluralism, Daniel J. Hemel, Lisa Larrimore Ouellette

Public Law and Legal Theory Working Papers

When lawyers and scholars speak of “intellectual property,” they are generally referring to a combination of two distinct elements: an innovation incentive that promises a marketbased reward to producers of knowledge goods, and an allocation mechanism that makes access to knowledge goods conditional upon payment of a proprietary price. Distinguishing these two elements clarifies ongoing debates about intellectual property and opens up new possibilities for innovation policy. Once intellectual property is disaggregated into its core components, each element can be combined synergistically with non-IP innovation incentives such as prizes, tax preferences, and direct spending on grants and government research, or …

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The Tax Legislative Process: A Byrd's Eye View, Ellen P. Aprill, Daniel J. Hemel Jan 2018

The Tax Legislative Process: A Byrd's Eye View, Ellen P. Aprill, Daniel J. Hemel

Public Law and Legal Theory Working Papers

The year 2017 was, among other distinctions, the year of the Byrd rule. This once-obscure Senate procedural provision—on the books since 1985 but only recently the stuff of page one news1 — featured prominently in several failed attempts to repeal the Affordable Care Act in the spring and summer. Then again at year’s end, the Byrd rule played a central role in the successful effort to rewrite large swaths of the Internal Revenue Code. While the Byrd rule has influenced the legislative process in the past, never before has it drawn so much attention from the mainstream and trade …

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The Measure Of A Metric: The Debate Over Quantifying Partisan Gerrymandering, Nicholas Stephanopoulos, Eric Mcghee Jan 2018

The Measure Of A Metric: The Debate Over Quantifying Partisan Gerrymandering, Nicholas Stephanopoulos, Eric Mcghee

Public Law and Legal Theory Working Papers

Over the last few years, there has been an unprecedented outpouring of scholarship on partisan gerrymandering. Much of this work has sought either to introduce new measures of gerrymandering or to analyze a metric—the efficiency gap— that we previously developed. In this Essay, we reframe the debate by presenting a series of criteria that can be used to evaluate gerrymandering metrics: (1) consistency with the efficiency principle; (2) distinctness from other electoral values; (3) breadth of scope; and (4) correspondence with U.S. electoral history. We then apply these criteria to both the efficiency gap and other measures. The efficiency gap …

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Unm Interim Report To The Institutional Actions Council Of The, Office Of The President Jan 2018

Unm Interim Report To The Institutional Actions Council Of The, Office Of The President

UNM HLC 2018-19 Assurance Argument Evidence

This report, coming from the Office of the President and directly addressing the Higher Learning Commission, followed from the 2017 state audit of the UNM Department of Intercollegiate Athletics. The lengthy document gives a detailed overview of the case, the administrative actions immediately following the audit, and the projected actions of the university in the future.

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The Power, Structure, And Practice Of Gratitude In Education: A Demonstration Of Epistemology And Empirical Research Working Together, Jane Wilson, Rob Foster Jan 2018

The Power, Structure, And Practice Of Gratitude In Education: A Demonstration Of Epistemology And Empirical Research Working Together, Jane Wilson, Rob Foster

International Christian Community of Teacher Educators Journal

A growing body of philosophical, psychological, and educational research shows that gratitude has positive effects on mood, relationships, and learning. This paper explores the power of gratitude, investigates how the ontological (inward), teleological (forward), and metaphysical (upward) structure of gratitude can enhance learning, and then highlights a research study revealing teachers’ perspectives on the impact of practicing gratitude in the classroom environment. Four themes emerged from the empirical study that support the gratitude structure: two themes relate to the impact on teachers (enhanced well-being and calm amidst stress), and two themes relate to the impact on students (enhanced classroom environment …

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And Then They Boned: An Analysis Of Fanfiction And Its Influence On Sexual Development, Lindsay M. Mixer Jan 2018

And Then They Boned: An Analysis Of Fanfiction And Its Influence On Sexual Development, Lindsay M. Mixer

Cal Poly Humboldt theses and projects

The purpose of this research is to demonstrate how young adults come to understand their sexuality (from sexual and gender identities to sexual likes and dislikes) through reading and writing fanfiction. Previous studies show that fanfiction promotes non-heterosexual orientations, but little research has been done on how it contributes to overall sexual development. In conducting an online survey of fanfiction readers, I explore how fans use these works to generate an understanding of themselves as sexual beings. Explicit stories make up a sizable portion of the fanfiction available, and there is a wide range of sexual acts depicted in those …

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Productivity And Cost Of A Cut-To-Length Commercial Thinning Operation In A Northern California Redwood Forest, Kigwang Baek Jan 2018

Productivity And Cost Of A Cut-To-Length Commercial Thinning Operation In A Northern California Redwood Forest, Kigwang Baek

Cal Poly Humboldt theses and projects

Cut-to-length (CTL) harvesting systems have recently been introduced to the redwood forests of California’s north coast. These machines are being used to commercially thin dense redwood (Sequoia sempervirens) stands which tend to form clumps of stems that vigorously sprout from stumps after a harvest. One of the challenges is to avoid damaging residual trees which can decrease productivity, increase costs, and lower the market value of trees. The goal of this study was to evaluate the productivity and costs associated with CTL systems used in a redwood forests and use that data to develop equations for predictions. Time …

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The Developmental Implications Of The Regulatory Relationship Between Cjun And Oct4 In Murine Embryonic Stem Cells, Rachel E. Brewer Jan 2018

The Developmental Implications Of The Regulatory Relationship Between Cjun And Oct4 In Murine Embryonic Stem Cells, Rachel E. Brewer

Cal Poly Humboldt theses and projects

As cells transition from the point of fertilization through the process of embryonic development, many molecular changes occur that affect cell fate. At the blastocyst stage, the earliest distinction, two separate cell populations arise. The trophectoderm cells will generate all of the extraembryonic tissues while the inner cell mass will yield all of the embryonic tissues. These cells, which generate the organism, are termed pluripotent at this stage and found within the inner cell mass (ICM). A variety of genetic mechanisms that regulate this event have been characterized. Here, we examined the effect of cJun expression in regulating Oct4, a …

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Stability For A Small Historic House Museum: Drafting A Collection Management Policy For The Trinidad Museum, Alexandra Mackay Cox Jan 2018

Stability For A Small Historic House Museum: Drafting A Collection Management Policy For The Trinidad Museum, Alexandra Mackay Cox

Cal Poly Humboldt theses and projects

A museum exists and is defined primarily by its collection. It is therefore important for a museum to manage its collection effectively while preserving it for long-term use. The size and scope of the museum's collection will determine the complexity of its policy. As such, all museums, including small ones, need a well-defined Collection Management Policy (CMP). This policy outlines what and how to collect, defines the development and use of the collection as well as procedures for the care of the collection, the loaning of items and removing of items from the museum's collection. The Trinidad Museum, a small …

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The Effect Of The Loss Of Lgl1 In Murine Neural Progenitor Cells On Mapk Signaling And Proliferation, Monique R. Lacourse Jan 2018

The Effect Of The Loss Of Lgl1 In Murine Neural Progenitor Cells On Mapk Signaling And Proliferation, Monique R. Lacourse

Cal Poly Humboldt theses and projects

Glioblastoma is an incurable, aggressive, and highly invasive type of brain tumor that harbors tumor initiating cells characterized by disrupted polarized cell divisions. A cell polarity gene lethal (2) giant larvae 1 (Lgl1) has been implicated in gliomas and is a tumor suppressor initially identified in Drosophila with roles in proliferation. The loss of Lgl1 in Drosophila activates the MAPK protein kinase JNK and the Ras pathway and therefore its downstream kinase ERK, a transcription factor modulator. Furthermore, when Lgl1 is knocked out in mice, a phenotype similar to glioma is seen. Loss of the human form of …

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Is The Msm Blood Donation Deferral Ethical?, Idia Enogieru Jan 2018

Is The Msm Blood Donation Deferral Ethical?, Idia Enogieru

Harriet L Wilkes Honors College Theses 2010 - 2019

The deferral of men-who-have-sex-with-men (MSM) from donating blood has been a controversial policy since its advent during the HIV/AIDS epidemic in the 1980s. In my thesis I address this deferral, and evaluate whether or not it is ethical. I begin by introducing the characteristics of HIV, the behaviors associated with HIV transmission, and its association with MSM. After, I review the changes in the policy and examine the evidence used to support these changes. Next, I present my arguments that justify the MSM blood donation deferral, while also arguing that the current one-year deferral period in the United States is …

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Development From Cupid To Evolution: Empirical Support For Life History And Ecobiodevelopmental Frameworks, Karly E. Hauser Jan 2018

Development From Cupid To Evolution: Empirical Support For Life History And Ecobiodevelopmental Frameworks, Karly E. Hauser

Harriet L Wilkes Honors College Theses 2010 - 2019

Life history theory (LHT) explains behavioral, motivational, and biological variations among individuals as adaptive trade-offs between somatic and reproductive efforts. Utilizing data containing OkCupid user responses (N = 68,371) to 2,620 compatibility and demographic questions such as, “How clear to you are your goals in life?” 16 scales were constructed to measure psychological and behavioral characteristics related to the life history strategy (LHS) employed. The scales were initially examined within a ‘training’ subset of the data (n = 2,000) and factor-analyzed to determine whether they form a common underlying life history (LH) factor. Preliminary factor analytic results show support for …

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Terror In America: Gendered Violence And Mass Shootings In Schools, Victoria Levy Jan 2018

Terror In America: Gendered Violence And Mass Shootings In Schools, Victoria Levy

Harriet L Wilkes Honors College Theses 2010 - 2019

The debate surrounding gun violence in schools has been going on in the United States for decades, and it is a place of convergence for conflicting viewpoints, which has done little to dampen the issue. Today, elements of society are actively disputing gun violence in schools and are calling for changes. The systems that are currently in place are ineffective, as access to guns remains easy, multimedia platforms idolize, reward, and fixate on violence, and mental healthcare is not easily accessible. These broken systems not only divide families and friends, it also divides the country and perpetuates violence. The purpose …

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Is Iceland’S 100% Termination Rate For Chromosomally Abnormal Pregnancies Ethical?, Mary Mcmillan Jan 2018

Is Iceland’S 100% Termination Rate For Chromosomally Abnormal Pregnancies Ethical?, Mary Mcmillan

Harriet L Wilkes Honors College Theses 2010 - 2019

Throughout history, people with disabilities have been treated as moral and social inferiors. Often, those with certain disabilities have been relegated to live lives of segregation, resigned to institutions and facilities because they have been regarded as incapable of making decisions or caring for themselves, or because others, whether family or those in the community, did not want to bear the burden of their presence. I argue that this view of disability as burdensome has resulted in the near 100% termination rate in Iceland in pregnancies found to be chromosomally abnormal. Further, I argue that this negative perception of disability …

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The Fight For Federal Intervention: Why Professional Boxing Needs Uniform Regulation, Raul Muniz Jan 2018

The Fight For Federal Intervention: Why Professional Boxing Needs Uniform Regulation, Raul Muniz

Harriet L Wilkes Honors College Theses 2010 - 2019

While professional boxing is subject to some federal regulation, there is still a call for greater uniformity throughout the states. For example, the variation of state procedures for performance-enhancing drug and post-fight neurological testing present a serious threat to an athlete’s health that can lead to physical impairments or even death. I argue professional boxing regulation should be completely uniform, left to the federal government rather than individual states. I review the regulatory system in professional boxing and show how the lack of uniformity leads to undesirable health, safety, and business practices. Founded on a critical analysis of federalism, the …

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Mocking Hobbes: Florida’S Stand Your Ground Law As Imagining A State Of Nature, Mumbi Ngugi Jan 2018

Mocking Hobbes: Florida’S Stand Your Ground Law As Imagining A State Of Nature, Mumbi Ngugi

Harriet L Wilkes Honors College Theses 2010 - 2019

In his 1651 Leviathan, Thomas Hobbes argues that without systems of law and formal government, people live a state of nature wherein there is a “war of all against all”. “The right of nature... jus natural,” Hobbes writes, “is the liberty each man has to use his own power... for the preservation of his own nature- that is to say, of his own life.” The war of all against all is concomitant of the absence of law. People’s lives are “nasty, brutish and short”. Consequently, laws, through reason, regulate the subjective basis of all action in such a state of …

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Eyewitness Memory: Manner Of Motion In Perpetrator Identification, Jonathan Perry Jan 2018

Eyewitness Memory: Manner Of Motion In Perpetrator Identification, Jonathan Perry

Harriet L Wilkes Honors College Theses 2010 - 2019

Eyewitness testimony is a common form of evidence in the legal system. People generally identify suspects based on characteristics such as their appearance, clothes, voice, and even writing style. But what if you could identify someone based on the way they move (e.g., the way in which they walk)? To determine if identification based on movement would be practical and legally allowed, I examined the legal implications of identification that pertain to the Fifth Amendment, as well as the appropriate scientific applicability test based on movement. I also conducted an experiment to evaluate the reliability of such identifications based on …

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Immoral But Not Illegal: A Defense For Michelle Carter, Kahlil Ricketts Jan 2018

Immoral But Not Illegal: A Defense For Michelle Carter, Kahlil Ricketts

Harriet L Wilkes Honors College Theses 2010 - 2019

Charged with involuntary manslaughter, Michelle Carter was said to have used text exchanges and phone conversations to “coerce” her boyfriend, Conrad Roy, into committing suicide. But is Ms. Carter to blame for Mr. Roy’s death? By delving into the moral concepts of duty and coercion, and theories and case law concerning manslaughter and free speech, I argue that although Ms. Carter’s actions were not morally sound that does not mean that they were illegal and worthy of punishment.

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“The Poetic Ground Of Physiology”: Aesthetic And Biological Unity In British Romantic Poetry, Anna Riso Jan 2018

“The Poetic Ground Of Physiology”: Aesthetic And Biological Unity In British Romantic Poetry, Anna Riso

Harriet L Wilkes Honors College Theses 2010 - 2019

British Romantic poets adapted the natural-philosophical idea of “organicism”, a framework that explained life as a formative, generative power that pervades all organisms and provides unity to the parts that make the whole, as a way to judge art. The uniquely Romantic idea of organicism was defined by Samuel Taylor Coleridge as “unity in multeity” (Theory of Life, 42), which was the aesthetic ideal many poets strove to meet. I will explore how certain works in the Romantic era exemplify various aspects of organic theory, specifically: The Sensitive Plant, by P. B. Shelley, describes a personified organic force; The Botanic …

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The Mesmerized Mind: A Literary And Anthropological Analysis Of The Suspension Of Reality, Devan Schnecker Jan 2018

The Mesmerized Mind: A Literary And Anthropological Analysis Of The Suspension Of Reality, Devan Schnecker

Harriet L Wilkes Honors College Theses 2010 - 2019

“Mesmeric literature” includes a subset of British Romantic poetry that contains elements of engagement, detachment, and a precarious suspension of reality. Essentially, the mesmeric is a facet of a broader field on altered states of consciousness, which comprises a removal of the self from the body and a division between spiritual and material matters. This thesis will focus on how the “mesmeric,” or “altered states of consciousness,” manifests cross-culturally in late-eighteenth and early-nineteenth century British Romantic poetry, shamanic healing practices in Amazonian Ecuador, and San healing trance dances in the Kalahari Desert. Through an anthropological and literary lens, this thesis …

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Is Physician-Assisted Suicide Ethical In Non-Terminal Cases?, Arielle Schebovitz Jan 2018

Is Physician-Assisted Suicide Ethical In Non-Terminal Cases?, Arielle Schebovitz

Harriet L Wilkes Honors College Theses 2010 - 2019

In this thesis, I begin by describing various historical views of physician-assisted suicide. I then review the current laws in the United States and other countries as well as provide a brief overview of religious views on the practice. Next I outline the differences between terminal and non-terminal cases and discuss the relevant ethical principles that must be considered when evaluating this issue in each type of case. I argue that physician-assisted suicide is ethical in certain instances in which a significant loss in quality-of-life has occurred. Finally I suggest guidelines that physicians should follow if a patient requests physician-assisted …

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A Cross-Cultural Examination Of The Exploitation Of Women’S Reproductive Rights, Evelyn Soto Jan 2018

A Cross-Cultural Examination Of The Exploitation Of Women’S Reproductive Rights, Evelyn Soto

Harriet L Wilkes Honors College Theses 2010 - 2019

Western population control policies have targeted women’s wombs in the attempt to control and manipulate the worldwide population. In the West, men and women are compared in a hierarchical gender dualism that claims men to be the cultivators of culture while women are the uncivilized yet passive and receptive fertile beings that are linked closely with the earth. Using theories from anthropology and ecofeminism, I show that the association of women with nature and fertility has led to their exploitation around the globe. Furthermore, racism played a role in the type of population control used on groups of women. I …

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Oh, Say Can’T You See?, Brittany Wallace Jan 2018

Oh, Say Can’T You See?, Brittany Wallace

Harriet L Wilkes Honors College Theses 2010 - 2019

The United States of America has long prided itself on its values of freedom and justice, but recent movements have pushed back against the notion that all are equal and free under the U.S. flag. Disenfranchised Americans across the country are advocating for everything from racial justice and immigrant rights, to white supremacy and isolationism. These calls for change, no matter their Rightness or Wrongness, call into question the true ideals of the land of the free and the home of the brave. Oh, Say Can’t You See? is a collection of nonfiction essays that examine what it means to …

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Birefringence Microscopy With Magnetic-Field Aligned Multiferroic Janus Nanofibers, Yu-Chun Yeh Jan 2018

Birefringence Microscopy With Magnetic-Field Aligned Multiferroic Janus Nanofibers, Yu-Chun Yeh

Theses and Dissertations

Multiferroic Janus nanofibers consisting of barium titanate (BaT iO3) and cobalt ferrite (CoFe2O4) have the magnetoelectric effect between piezoelectric and magnetostrictive phases. By applying an external magnetic field on Janus nanofibers,the dipole moment in piezoelectric phase would be formed and produce the electric field. Since poly(N-vinylcarbazole) (PVK) polymer has anisotropic property, the birefringence can be induced by the electric field. We generalize the magnetic field birefringence quadratic equation and coupling constant for PVK polymer with Janus nanofibers. Birefringence microscopy is used to observe the PVK birefringence under an external magnetic field from 0 to 2500 Oe. The numerical results show …

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Meso-Scale Simulation Of Size-Dependent Shear Behavior In Glass Fiber Reinforced Polymer Reinforced Concrete Beams Without Stirrups, Sina Khodaie Jan 2018

Meso-Scale Simulation Of Size-Dependent Shear Behavior In Glass Fiber Reinforced Polymer Reinforced Concrete Beams Without Stirrups, Sina Khodaie

Theses and Dissertations

There is extensive experimental evidence of the decrease in the shear stress at failure at increasing effective depths in concrete beams reinforced with glass fiberreinforced polymer (GFRP) bars without shear reinforcement. An important practical implication is that extrapolating strength values from typical laboratory-scaled experiments to design larger members may be misleading. The complexity of the underlying mechanics is reflected in the difficulty of using commercially available numerical tools to accurately estimate shear strength irrespective of beam size. This dissertation presents research on a Lattice Discrete Particle Model (LDPM) based model to simulate the response of scaled slender GFRP reinforced concrete …

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