Key conclusions are as follows. (1) The timing and magnitude of the LGM at Lake Ohau corresponds closely with glacier signatures in both polar hemispheres and in the tropics, suggesting that LGM cooling was globally synchronous. One possibility is that lower atmospheric CO2 produced global cooling during the LGM. (2) Major recession of the Ohau glacier beginning about 18,000 yrs ago was coeval with the northern Heinrich Stadial-1, implicating a bipolar seesaw mechanism for initiating the southern termination. (3) Tasman Glacier registered the Antarctic Cold Reversal in antiphase with northern stadials, suggesting that a bipolar seesaw mechanism operated in the south over a large geographical footprint. (4) Asynchronous Holocene glacier behavior in the Southern and European Alps reflects either direct summer radiation forcing and/or southward migration of Earth's thermal equator.

Telemedicine research commonly encompasses various sites and review boards, which introduces more challenges. Adding to the complexity of telemedicine research are the ethical and legal issues associated with the use of technology, enrolling participants, transmitting data, confidentiality, and licensing. Illuminating perceptions and level of satisfaction could help identify methods of facilitating acceptance of telemedicine and expedite the transition from using solely traditional methods of health care to including telemedicine. Despite all the challenges, telemedicine presents many opportunities and brings such promise to the increasing shortage of health care providers. Accordingly, it is vital for researchers to address and overcome these challenges.

Secularism is a complex principle that in its most simple formulation calls for the separation of religion and government. In this Note, I examine the classical liberal approach to resolving the tension between religion and the state. I argue that the United States was founded, and the First Amendment of the Constitution was drafted, with John Locke’s proposal for toleration in mind. I then argue that the Supreme Court’s insertion of the concept of “separation of Church and State” into the Constitution in Everson v. Board of Education took Thomas Jefferson’s metaphor out of context, and in doing so betrayed America’s founding principles. Yet, the Court’s attempt to push for a more secular state ultimately failed because the American people have remained religious. I then contrast the First Amendment and America’s founding with the legal form of separation of Church and State in France, as embodied in laïcité. Finally, I argue that the secular elite in the United States have re-emerged in a position of power to push its secular agenda. This is demonstrated by the “contraception mandate” promulgated by the Obama Administration and the U.S. Department of Health and Human Services. I conclude that this new push for secularism is contrary to both America’s founding and pubic sentiment. Even more devastating, it would bring the United States closer to resembling the legal form of secularism embodied by laïcité, which would result in an erosion of the First Amendment and could create hostility towards religion as can be seen in France.

• Introduction

• Background

• Related Work

• PowerPack: Fine-Grain Energy Profiling of HPC Applications

• Power-Aware Speedup Model

• Model Usages

• Conclusion

• References

1. Analytic review of literature of the work of a number of authors and researchers who discuss strategies and interventions aimed at improving students' homework completion and accuracy rates.
2. Discussion of the specific roles that students, parents, and families play and the contributions of teachers when it comes to homework. It will discuss a variety of ways that teachers can encourage students to complete their homework and do so with accuracy.
3. A discussion of the implications for teachers including the pros and cons of several interventions.
4. The limitations of the review and several recommendations for future research.

This speech was originally presented on April 6, 1998, at the Ohio Public Utilities Commission Conference on the Second Anniversary of the Telecommunications Act of 1996

The first sub-topic is comparing the spatial variability of GPR data to the spatial variability of core data collected in two locations within the percolation zone of the GrIS that receive consistently different amounts of melt. At the location with less melt, I collected common offset GPR data over a 20 m x 20 m grid with tightly spaced data (0.2 m x 0.1 m), and then collected 8 cores within the grid. The cores reveal a high degree of spatial variability over short distances with no obvious correlation of layers between cores whereas the radar data reveal many spatially continuous horizons with discontinuities from 0.1 m² – 1.0 m². At the site with a higher melt rate, I collected common offset GPR data over a 15 m x 50 m grid with tightly spaced data (0.2 m x 0.1 m), and then collected 2 cores within the grid. The cores revealed some degree of lateral continuity of layers that corresponded well with spatially continuous GPR horizons.

The second sub-topic of this dissertation is using Common Midpoint (CMP) GPR data to calculate the density vs. depth profiles at 13 locations within the percolation zone of the GrIS. Here, I constructed a set of rules to constrain an inversion of the data to solve for the EM propagation velocity of the firn column which is dependent on the density of dry snow and firn. The calculated density profiles indicate that firn densification is not greatly affected by melt in the highest elevation areas of the percolation zone whereas firn densification is primarily driven by melt/refreeze processes in the lower elevation areas of the percolation zone. The transition zone between these areas with different primary drivers of densification is 8 km wide and spans 60 m of elevation suggesting that the balance between dry firn densification processes and melt induced densification processes is sensitive to minor changes in melt, and therefore minor changes in annual temperature.

The final sub-topic is using common offset GPR data to calculate the dielectric permittivity structure of 3 snowpacks with varying depths and internal structure. Here, common offset GPR data is deconvolved using a waveform constructed from a reflection off of a ‘perfectly’ reflecting surface. The calculated deconvolution solution follows the dielectric profile measured in snowpits at 5 locations along the 3 profiles. The technique used here has the potential to map the depth and density of snow over large regions, resulting in more accurate estimates of total snowpack in mountainous terrain, and is important for constraining retrievals from airborne and space-borne microwave radar.

Such was the beginning of a career that led Torff from Café Carlyle to Carnegie Hall, Lincoln Center, the Kennedy Center, and the White House. He has toured worldwide with the greatest: from Frank Sinatra, Mel Torme, George Shearing, and Erroll Garner to Stephane Grappelli, Benny Goodman, Mary Lou Williams, and Marian McPartland.

As Brian notes, “bass players do a lot of observing from the back of the bandstand.” It is this supportive role that qualifies Torff to share his insight into jazz music, and its many personalities. Torff takes us beyond the music by adding depth with his vision of American music, and paints vivid portraits of the musicians with whom he played.

Torff’s memoir is one of creativity, and determination mixed with timing, and plain good luck. His sharp narrative not only brings the legends of jazz to life, but reading about them here will certainly motivate you to add some music to your collection.

Although one hopes that the future of an institution such as the ILR School can be what we want it to be, it is important to recognize and acknowledge the limits of control. That is a lesson we have learned from coping with and adapting to a constantly changing environment in our 50-year history. I will not burden you with the details of that experience, but it is useful to contrast briefly the economic, social, and political environment of the school as a nascent institution in the late 1940s and 1950s and the comparable dimensions of its more recent past.

Design: Retrospective analysis of influenza vaccine usage over 4 years (1999–2002).

Setting: University ambulatory setting.

Participants: Overall, 912 elderly patients of two physicians who issued standing orders and 884 elderly patients of two physicians who did not do so constituted the study group.

Measurements: Physicians were categorized as to whether they issued a verbal or written standing order to their nurses to administer the influenza vaccine to patients aged 65 and older. Rates of influenza vaccination of patients whose physicians used standing orders were compared with those of physicians who did not use standing orders.

Results: Five hundred seventy-six (63%) patients of physicians who used standing orders received influenza vaccine, compared with 332 (38%) patients of physicians who did not use them (P<.001). Standing orders accounted for a significantly higher rate of influenza vaccination in each study year. Moreover, in 2001, when influenza vaccine delivery was delayed, physicians who used standing orders maintained their same rate of usage, but physicians who did not had rates of about one-half their usage of the other 3 years.

Conclusion: More Medicare recipients received influenza vaccine when their physicians used standing orders for its administration than when their physicians did not. Influenza vaccine represents an important prevention modality that demands widespread implementation, and standing orders can increase its usage.

In dreams begin responsibilities. The dream that Irving Ives and a handful of others had over half a century ago ultimately became the preeminent institution of its type in the world. I have had the honor and privilege of being the first ILR alumnus to serve as dean of the school, and I am acutely conscious of the profound responsibility borne by all of us who love the school—the responsibility to preserve the great legacy of the last 50 years by ensuring that the school is well prepared for the 21st century.

This essay examines and evaluates the evolution of collective bargaining in the United States between 1945 and 1997. We have a central theme - an hypothesis - that guides our examination. We believe American collective bargaining has been very adept at resolving workplace problems—what might be termed "micro" problems such as individuals' complaints (in unionized settings). On the other hand, collective bargaining in our society has never been adept at (or has been excluded from) dealing with "macro" problems. We have in mind two categories of macro problems. The first is "macro-organizational," by which we mean the issues and concerns associated with the management of the organization or enterprise. The second is “macroeconomic," and we have in mind especially the relationship between the industrial relations system and the macroeconomy.

The growing use of ADR in employment disputes has occurred both inside and outside collective bargaining. In some union workplaces, the parties attempt to resolve statutory claims using the grievance and arbitration procedures in their collective bargaining agreements. In other union workplaces, many, if not most, statutory claims are handled outside the collective bargaining arena. Employees in many such organizations pursue their statutory claims through the normal channels of agency and judicial resolution. In a minority but growing number of union-management relationships, the parties have created procedures for resolving statutory claims that are separate or "sheltered" from the collective bargaining agreement.

The growing use of arbitration and mediation to resolve employment disputes has been especially noteworthy in the nonunion sector. In the United States, as most people know, the proportion of the work force that is unionized has been steadily declining for over 40 years and currently stands at about 14 percent. Although the Canadian labor movement has not suffered as steep a decline as in the United States, a similar trend is apparent there. The growth of employment ADR in the nonunion sector is largely the consequence of employer attempts to avoid the high costs and long delays associated with the use of judicial and administrative means to resolve disputes. Of course, some nonunion employers are also motivated by a desire to provide their employees with fair and equitable dispute resolution procedures.

The growing use of ADR in employment disputes has occurred both inside and outside collective bargaining. In some union workplaces, the parties attempt to resolve statutory claims using the grievance and arbitration procedures in the collective bargaining agreement. In others, many, if not most, statutory claims are handled outside the collective bargaining arena, with employees pursuing their claims through the normal channels of agency and judicial resolution. In a minority but growing number of union-management relationships, the parties have created procedures for resolving statutory claims that are separate or “sheltered” from the collective bargaining agreement (Dunlop and Zack, 1997, particularly pp. 53–72; see also Zack, 1999, pp. 67–94).

The growing use of arbitration and mediation to resolve employment disputes has been especially noteworthy in the nonunion sector. In the United States, as most people know, the proportion of the workforce that is unionized has been steadily declining for over forty years and currently stands at about 14 percent. Although the membership in the Canadian labor movement has not suffered as steep a decline, a similar trend is apparent there. As in organized workplaces, the growth of employment ADR in the nonunion sector is one consequence of employers’ attempts to avoid the high costs and long delays of the judicial and administrative routes. Of course, some nonunion employers are also motivated by a desire to provide their employees with fair and equitable dispute resolution procedures (Bingham and Chachere, 1999, pp. 95–135).

Genetic variability is essential to human individuality. Genetic variation includes differences in sequence at the single nucleotide level to structural variations of large segments of DNA called copy number variations (CNVs). CNVs within a genome can be identified using microarray technology; however, the analysis of microarray results resulting in the “calling” of CNVs is not always precise. The research included in this manuscript describes the identification and analysis of CNVs using three commercially-available packages, Affymetrix^® Genotyping Console^TM, Partek^® Genome Suite^TM and PennCNV, that are most commonly used in the analysis of SNP and CNV data. Specifically, this research assessed the ability of these platforms to successfully analyze Affymetrix^® Genome-Wide Human SNP Array 6.0 data for CNVs within two families, each with a set of monozygotic twins discordant for schizophrenia. Results show that the three methods identified a set of CNVs in each individual, but the specific sets identified were not identical between softwares. Affymetrix^® Genotyping Console^TM detected a wide variety of sizes of CNVs while the other two methods were able to identify only CNVs greater than 1 Mb in size. Interestingly, all platforms showed that monozygotic twins differ for some CNVs, a difference that may be acquired during their somatic development. This suggests that CNV differences between monozygotic twins may offer an explanation for discordance of phenotype, such as schizophrenia. Also, this analysis of CNVs within related individuals may identify previously unreported unusual features, including the repeated CNVs on chromosome 13q observed in the father of family 2. Such results support the use of CNV in familial studies, but argue for a careful assessment of CNVs including a careful selection of analysis tools and the necessity of independent confirmation.

Conifer seeds are a component of the diet of many rodents, and post-dispersal seed predation by rodents is often implicated as a critical constraint on the regeneration of coniferous forests. However, little is known about the effects of conifer seed availability on individual rodents and their populations. The over-arching goal of this dissertation was to investigate the effects and implications of conifer seed production on the foraging and population dynamics of northern small mammals. The predominant conifer study species were white spruce (Picea glauca) and subalpine fir (Abies lasiocarpa), and the main rodents examined were the deer mouse (Peromyscus maniculatus) and southern red-backed vole (Myodes gapperi).

Nutritional analysis and laboratory experiments showed that spruce seeds are a high quality food source to rodents. Mice were able to maintain body condition on diets restricted to these seeds, and voles were able to use spruce seeds as a sole food source in the short-term. In the field, caching rates of spruce seeds varied with seed abundance, but rodents readily consumed these seeds within experimental patches regardless of abundance.

Conversely, fir seeds were avoided by rodents in experiments, as was expected based on their low nutritional value and high concentration of plant secondary compounds. Mice increased food intake and retention of digesta in the caecum to maintain body mass on diets restricted to fir seeds. However, voles did not compensate for this low quality seed-diet, and their body condition deteriorated rapidly. In the field, rodents disregarded fir seeds as a valuable resource for current or future use, even at exaggeratedly abundant seed densities.

Given these individual-level interactions, the rodent population responses to conifer mast seeding that I observed were unexpected. Summer mouse densities and breeding varied with previous fir seed production, although this may have been mediated by population responses of invertebrate post-dispersal seed predators to fir seed availability. In contrast, mouse demography was not affected by spruce mast seeding, but likely due to interspecific competition with the North American red squirrel (Tamiasciurus hudsonicus), a dominant pre-dispersal spruce seed predator. These results reveal direct and indirect consumer-resource pulse dynamics that require further examination.

Quantitative research methods were applied through data collection of two surveys, the CAS and the CSAS. The CAS and the CSAS scales were taken by participants pre-implementation and post-implementation of the service learning component which was a community service project. Demographic data relating to age, gender, ethnicity, and experience in service learning were also collected to decipher whether a relationship between the demographic data and the survey results existed. The CAS showed that the experimental group scores increased significantly in the social composure and articulation subscales as well as the overall CAS score. The CSAS showed that the experimental group scores increased significantly in the seriousness subscale. The results support that the implementation of service learning significantly increases student’s communication adaptability and competence.

The influences, if any, of specimen surface roughness, thickness, and material irradiation history on mechanical properties were evaluated. Through shear punch and miniature tensile testing techniques involving annealed 304 stainless steel, it was demonstrated that surface roughness had no influence on the observed mechanical properties. For T6 aluminum 6061, increased sample thickness lead to decreased ductility while yield and ultimate strengths were similar across the thickness range chosen. The results of specimen surface roughness and thickness experiments show minimal surface preparation is required for accurate strength measurements. The minimum thickness required for shear punch testing is 200 μm.

It is demonstrated that with increased irradiation damage, the strength determined through shear punch testing of 304SS increases. Increased temperature from gamma heating was shown to decrease strength, likely due to annealing at the higher temperatures. A ferroprobe technique was developed to assess whether the changes in strength were due to irradiation damage or thermal gradients or from a martensitic transformation induced during shear punch testing. Similar ferromagnetic measurements at each irradiation and temperature condition suggest a low saturation in the formation of martensite during shear punch testing with increasing irradiation damage.

There is an advertisement for Borwick's cake making competions.

Date is approximate.

Two Hundred and Fifty Year Old Boat Sees the Light of Day Again..... p.1
Your Questions Answered..... p.2
Carolina Watercraft..... p.3
Artifacts Returned to Shipwreck..... p.4
The S.S. William Lawrence: South Carolina's First Archaeological Preserve?..... p.5
The Book Corner..... p.6
The Largest Land Animal in South Carolina's History..... p.7

Chris Amer: "Let's Hear from You"..... p.1
State's First Sport Diver Archaeology Fieldschool..... p.1
Your Questions Answered..... p.2
How to Start Doing Research in South Carolina..... p.3
Sport Diver Finds Two Shipwrecks..... p.3
Carolina Watercraft..... p.3
Landmark South Carolina Decision Favors Sport Divers..... p.5

[1] Eveline Stam-Hulsink, “The Legitimizing Function of the Individual Discourse: Remembering the Harkis’ Tragedy,” Time and Societ 21:139 (2012): 139

[2] Claire Eldridge, “Blurring the Boundaries Between Perpetrators and Victims: Pied-noir Memories and the Harki Community,” Memory Studies 3:123 (March 26, 2010): 126

[3] Eveline Stam-Hulsink: 139

The author explains how Trafačka is an example alternative space and describes the complexities of being separated from other mainstream art institutions. The conclusion expresses the relevance of Trafačka for young and emerging artists in Prague today.

For decades scholars have argued that historical traditions largely exist as a telling of male stories. Though this statement is generally accurate, these histories fail to examine men as gendered beings or the influence ideas about masculine gender have had on female populations. Ignoring the implications of masculinity on the experience of women mystics limits our understanding of how medieval religious and secular populations perceived and acknowledged women’s religiosity or how women gained influence and power within all-male and patriarchal hierarchies. This thesis employs insights from Thomas Laqueur’s one-sex/one-flesh model in a gendered analysis of the twelfth century manuscript, The Life of Christina of Markyate, and explores the influences that fluid medieval social constructions of femininity, masculinity, and biological sex had on the perception of women mystics living and working in male-dominated religious communities. I conclude that the medieval understanding of sex and gender, as delineated by Thomas Laqueur, allowed Christina of Markyate’s male counterparts to perceive her as both male and female, which gave her extraordinary opportunities to challenge traditional gender and religious roles for women. Christina of Markyate’s experiences depict a transformation of Christina from a weak and helpless girl in the secular realm, into a manly woman of God.

We define the ‘public domain’, in relation to copyright, to be the ability of members of the public (including a significant class of the public, or intermediaries acting for their benefit) to use works, to do so on the same terms including costs (if any) as other members of the public, and where any licence is automatically available and on terms set by a neutral party. More briefly, we can describe the public domain in copyright as ‘The public’s ability to use works without seeking permission and on equal terms.’ The substance of the definition is therefore consistent with those of Deazley, Litman, Lessig, Boyle and others, but it is more precise. It is a definition which is neutral on the question of whether the public domain is comprised of various ‘rights’, or of something else.

We then examines how the definition can be used to justify a set of categories of ‘public rights’ that are sufficient to describe the copyright public domain in the Australian legal jurisdiction. We argue that there are fifteen such categories, which can be described briefly as:

1. Works failing minimum requirements
2. Works impliedly excluded
3. Works expressly excluded
4. Constitutional exclusions
5. Copyright has expired
6. ‘Public domain dedications’
7. Public policy refusals
8. Public interest exceptions
9. Insubstantial parts
10. Mere facts, ideas etc
11. Uses outside exclusive rights
12. Statutory exceptions
13. Neutral collective licensing
14. Neutral voluntary licensing
15. De facto public domain of benign uses

We argue that these categories fit the proposed definition and, are congruent with our intuitions of what a broader and more modern notion of the public domain should contain. We explain these categories at a conceptual level, justifying them against the proposed definition, and in terms of the positive contributions they make to the idea of the public domain. A brief explanation is given of where each category fits in Australian copyright law, but without the detailed discussion of Australian law that a full explanation would require.

To what extent both the definitions, and the categories, will be useful in analysis of public domains other than Australia’s remains to be seen.

Published by Chivers & Sons Ltd.

Includes photographs of dishes.

Note date is approximate.

There are currently only a few commercial sources of hemocyanin. Lobster hemocyanin is not available in large volumes, but is currently a byproduct of the lobster meat processing industry. Ultracentrifugation is the only common commercial method used for the purification of hemocyanin. This technique requires two days of processing time and does not allow reliable separation of hemocyanin subunits. Using size exclusion HPLC, several methods were developed to determine quantitative and qualitative properties of hemocyanin. In addition, a method was developed to separate and purify hexamers and dodecamers from the American lobster hemolymph.

Due to their positive health attributes, the recent discovery of capsaicinoid like compounds called capsinoids in particular varieties of peppers have become a popular research topic. The purpose of this research was to develop a rapid analytical method for the quantification of capsaicin, dihydrocapsaicin, capsiate and dihydrocapsiate. Following the development of this method a variety of peppers were analyzed for capsaicinoid and capsinoid content and the peppers with the highest content of capsinoids were identified for development of natural capsiate and dihydrocapsiate analytical standards. This information was also used to identify subspecies for future natural selective breeding of peppers with high capsinoid content.

The bioactive polysaccharide in Aloe, called acemannan, is known to produce positive skin and digestive health attributes associated when applied topically or ingested. This study tested the feasibility of using several analytical methods for the quality assurance of acemannan and beverage products containing acemannan. Pure acemannan is not available commercially so BiAloe™, an acemannan-containing product, was chosen for use in this study. Methods chosen for analysis included: spectroscopic wet chemistry, HPLC size exclusion, nuclear magnetic resonance (NMR), fourier transform infrared (FTIR) and scanning electron microscopy. NMR and FTIR proved to be the best methods to determine acemannan quality.

Contains recipes for casseroles, steak and kidney Pie etc. plus advice on home baking.

There is an advertisment for the E.S.B. Showrooms.Cooking with electricity is promoted as cheaper and easier than other methods.

Please note date is approximate.

Produced in association with and contains an advertisiment for The Nestle Company Limited.

Contains some colour and black and white photgraphs.

Produced in association with and contains an advertisiment for Spry, vegetable fat shortening.

Contains some colour and black and white photographs of pastry preparation demonstrations and recipes..

Produced in asociation with The Fatstock Marketing Corporation Ltd.

Contains both colour and black and white photographs.

Contains some colour and black and white photographs.

The pamphlet was produced in association with the National Milk Publicity Council.

Contains some colour and black and white photographs of dishes.

In this article we argue that this interpretation of s 44 should be rejected, and that the Office’s current practice is consistent with the Act and case law, and represents sound policy. In doing so we seek to show that the alternative interpretation has consequences that go well beyond those immediately at issue in the case. It would mean that marks whose registrations have ceased, or applications that have lapsed or been rejected, after a later applicant’s filing date would also need to be considered as ‘earlier’ marks for the purposes of s 44. This would lead to absurd results and would significantly disadvantage applicants, with the corresponding benefits unjustifiably flowing to parties whose registrations have ceased or whose applications never progressed to registration. We also argue that while a specific amendment to the Act might be thought desirable to deal with the particular issue raised in the litigation, we believe that this would need to be thought through carefully. We conclude by suggesting that if legislative intervention is to occur a better approach would be for Parliament to clarify a number of larger, more fundamental issues with the Act, such as the effect of ‘cessation’ of registration generally, and the relevant date at which various grounds of rejection and opposition ought to be assessed by tribunals.

Both Fourier transforms and Gaussian processes were shown to be suitable techniques for characterising domestic electricity demand. Depending on customer demand load profiles, each approach has its own strengths and weaknesses. Fourier transforms are better at characterising the profiles of customers who consume electricity more evenly across the day (>1h). In contrast, Gaussian processes are better at characterising customers whose demand is high for only short periods of time (<1h).

Bi-substituted iron garnet and garnet-oxide nanocomposite films of generic composition type (Bi, Dy/Lu)3(Fe, Ga/Al)5O12 are prepared by using a radio frequency (RF) magnetron sputtering technique. The physical properties (crystallinity, film morphology, optical absorption spectra across the visible spectral range and the elemental composition of layers), and magneto-optic behaviour (Faraday rotation, hysteresis loops of Faraday rotation, and magnetic switching behaviour) of these sputtered garnet films are investigated in this work. These garnet materials possess high quality nanocrystalline thin-film microstructures and demonstrate excellent combination of optical and magneto-optical (MO) properties which makes them very attractive for use in magneto-optical applications. Record-high MO performance, in terms of the material’s MO figures of merit achieved (which exceeded most or all of the values reported previously for any semi-transparent MO materials across most of the visible spectrum), is achieved simultaneously with high Faraday rotation, making them suitable for a wide range of applications in integrated optics and photonics. The effects of annealing on the garnets of type (Bi,Dy)3(Fe,Ga)5O12, when performed in air atmosphere, are investigated and a systematic study is conducted to figure out the annealing behaviour and the crystallization kinetics of garnet formation within the garnet-bismuth oxide nanocomposites. Also, several nano-engineered magnetooptically active heterostructures (all-garnet multilayer-type thin film structures) based on magnetic layers with dissimilar uniaxial (Ku > 0) and in-plane (Ku < 0) magnetic anisotropies are prepared with the purpose of achieving the customised magnetic behaviour and properties (not attainable in single garnet layers) which are very attractive for the development of MO sensing devices and ultra-fast switches.

The Simulation, User, and Problem-based Learning (SUPL) Design Framework was developed to inform the design of learning environments which develop problem-solving knowledge for real world application. This framework identifies design factors relative to the user, the problem-solving task, and the 3D simulation environment which facilitate the transfer, development, and application of problem-solving knowledge. To assess the validity of the SUPL Design Framework, the Fires in Underground Mines Evacuation Simulator (FUMES) was developed to train mining personnel in emergency evacuation procedures at the Challenger gold mine in South Australia. Two groups of participants representing experienced and novice personnel were utilised to ascertain the effectiveness of FUMES as a training platform in this regard.

Findings demonstrated that FUMES accurately represented emergency evacuation scenarios in the Challenger mine. Participants were able to utilise existing real world knowledge in FUMES to resolve emergency evacuation problem-solving tasks and develop new knowledge. The effectiveness of the SUPL Design Framework was also demonstrated, as was the need to design learning environments to meet the learning needs of users rather than merely as static simulations of real world problems. A series of generalisable design guidelines were also established from these findings which could be applied to design problem-based learning simulations in other training contexts.

Solving the problem starts with reframing it. Rather than ask where a case may be heard, we should ask who may hear it. If the parties come from the same state, that state's courts are open. If they don't, we’ll always have Article III. Most hard jurisdiction problems involve state, not federal, courts. Today, federal courts largely follow state jurisdictional rules, but they don't have to, and it's a bad idea.

Following the McIntyre plurality's suggestion, this paper proposes a system of nationwide federal personal jurisdiction, erasing the state lines that separate federal courts. Since the exact location of the courthouse is constitutionally irrelevant, this change guarantees sovereign authority over disputes, letting us secure the parties' convenience through well-crafted venue statutes -- and leaving any issues of fairness to procedural due process.

The paper develops sample legislative language giving plaintiffs the option of nationwide jurisdiction, and it explores the consequences of that language for venue, choice of law, interlocutory appeal, and so on. The goal isn't so much to argue for a specific proposal as to encourage new proposals, and hopefully to change the direction of the debate. Scholars should spend more time thinking about the jurisdictional rules we would have if we could write them ourselves -- which the Constitution actually lets us do, at least for federal courts. Only Congress can fix personal jurisdiction; we should start telling it how.

• Greetings
• Pacesetter Grads Feel Boost in Entry to Nursing Workforce
• UTHealth-UH Dual Bachelors Program for First-Time Students
• UTHealth School of Nursing – By the Numbers
• 2012 PARTNERS Spring Luncheon – honored “Generations of Nurses” – guest speaker Naomi Judd
• UT Health Services Expands Care for Patients
• When I Grow Up, – A UTHealth Nursing Student’s Story
• Donors Support Start of New Accelerated Family Nurse Practitioner Program
• Giuseppe Colasurdo, M.D. – Appointed Sixth President in U THealth’s 40-Year History
• Dean Starck Named to UT Academy of Health Science Education, Marcus Honored by Regents for Outstanding Teaching
• Students Select Two for 2012 McGovern Awards
• Endowed scholarships
• Former home of School of Nursing for 30 years disappears in dust cloud
• Ruppert Named 2012 FAAN

The challenge for the nation’s judges and justices, public information officers, and members of the bar and media is to make sure that the public understands what is expressed in a supreme court opinion, which is written in the language of the law that speaks to the legal profession and academia. In a splintered media landscape with increased means of communication, partners in various media, traditional or new, must engage if they are to inform. Increasingly, many issues before state supreme courts are of high importance to the public, an environment which requires courts to be transparent, accountable, and accessible. There are means of communication that supreme courts can employ to convey to participants and external audiences that the procedures used to decide and render an opinion are fair and foster respect for the law.

This article discusses the nature of and trends in the formation of state supreme court opinions and the methods by which opinions are communicated to the press, the public, members of the bar, and online communities. It considers current practice in light of a field in social psychology called procedural fairness, a helpful and practical theory that explains what makes it likely that people are satisfied with and comply with decisions by authorities, such as judges. The article goes on to highlight current state court trends, including the use of plain language and summarization, the use of websites for improved communication and dissemination of opinions, and the increase in educational opportunities for appellate bench officers to make opinions clearer and more effective. Historical analysis and a state by state comparison demonstrate changes to opinion length over time, and the article discusses the ramifications that court opinion complexity may have on public and media understanding. A case study on same-sex marriage cases in California, along with findings from a national survey, show that the nation’s highest courts use diverse strategies to more effectively communicate opinions and encourage public understanding. Ultimately, opinions serve as the court’s voice because rulings communicate not only to lawyers but also to the public and media and explain how courts resolve disputes and determine constitutional rights.

As social scientists trained to examine the judiciary and judicial processes from the perspectives of economics, law, political science, psychology, and sociology, we suggest that systematic experimentation should be used whenever feasible and warranted to study the operations of the courts for purposes of improving the courts’ functioning. As has been learned in the case of medical procedures and treatments, systematic, experimental, or quasi-experimental study helps to determine what works, what does not, and why. Decades ago, in the face of charges that experimentation in the law would undermine due process and equal treatment, the Federal Judicial Center rebutted these concerns, arguing that rather than thwarting justice, experimentation in the law promotes justice, ensuring an evidentiary basis for court reforms and administrative decision making. Our work operates under this approach to examining potential judicial reforms. In this article, we discuss our use of the methods of science to examine systematically whether there might be a technique that would, without costs that exceeded their benefits, reduce misdemeanants’ failure to appear in court.

The results of this work show that conformational disordered states (condis crystals) exist indeed in these molecules containing flexible chemical bonds (single bonds) or more than one accessible conformer. The unique characteristics of the condis crystal and the phase transitions to a condis crystal and to isotropic state have been studied in detail. It could be show that motifs in condis crystals show only conformational disorder but maintaining orientational and positional order, while liquid and plastic crystals show conformational motion in addition to their characteristic positional and orientational disorder and motion, respectively. The molecular motion in the condis state is slow compared to well-known plastic and liquid crystals. Besides the large-amplitude motion in a first-order transition, it is documented that gradual start of motion is possible increasing the conformational entropy over a broad temperature range.

60 GPS Monitoring and More: Criminal Law Cases in the Supreme Court’s 2011-12 Term (Charles D. Weisselberg)

74 Opinions as the Voice of the Court: How State Supreme Courts Can Communicate Effectively and Promote Procedural Fairness (William C. Vickrey, Douglas G. Denton & Wallace B. Jefferson)

86 Increasing Court-Appearance Rates and Other Benefits of Live-Caller Telephone Court-Date Reminders: The Jefferson County, Colorado, FTA Pilot Project and Resulting Court Date Notification Program (Timothy R. Schnacke, Michael R. Jones & Dorian M. Wilderman)

96 An Experiment in the Law: Studying a Technique to Reduce Failure to Appear in Court (Alan J. Tomkins, Brian Bornstein, Mitchel N. Herian, David I. Rosenbaum & Elizabeth M. Neeley)

Departments

58 Editor’s Note

59 President’s Column

108 The Resource Page

Articles of Note

Having just celebrated Thanksgiving with my family, I feel compelled to begin my year as president of the American Judges Association by pointing out all the thank-yous I have for our organization.

This study is an attempt to propose tentative answers to some of these issues. It submits that the religion of Bronze Age Crete is not easily explicable but is also not impossible to study. It proposes that such an enterprise is possible only when the object of study has been defined. And the real object of study in any archaeological study of religious meaning is first the notion of religion. This work suggests the definition of religion as socio-cultural practice as the most suitable for the explorations of religion in Bronze Age Crete and proposes a methodology for its archaeological study.

A portion of the archaeological information on the bull in Neopalatial Crete is studied within the above theoretical framework. The study of vessels and figurines and wall paintings with bull representations brings together evidence, which is usually treated separately, and attempts to promote a holistic interpretation on the subject without sacrificing the multiplicity of meaning. It reveals aspects of the meaning of the bull previously hitherto gone unnoticed and, by highlighting those, it hopefully promotes further our understanding of the nature of Minoan religion.

60 GPS Monitoring and More: Criminal Law Cases in the Supreme Court’s 2011-12 Term (Charles D. Weisselberg)

74 Opinions as the Voice of the Court: How State Supreme Courts Can Communicate Effectively and Promote Procedural Fairness (William C. Vickrey, Douglas G. Denton & Wallace B. Jefferson)

86 Increasing Court-Appearance Rates and Other Benefits of Live-Caller Telephone Court-Date Reminders: The Jefferson County, Colorado, FTA Pilot Project and Resulting Court Date Notification Program (Timothy R. Schnacke, Michael R. Jones & Dorian M. Wilderman)

96 An Experiment in the Law: Studying a Technique to Reduce Failure to Appear in Court (Alan J. Tomkins, Brian Bornstein, Mitchel N. Herian, David I. Rosenbaum & Elizabeth M. Neeley)

Departments

58 Editor’s Note

59 President’s Column

108 The Resource Page

Our proposed model is applied to a wholesale food distributor and we find widespread heterogeneity in purchase patterns. The empirical results shed light on the competitive elements of customer demand that cannot be studied with traditional reduced form response models. For example, we found that some costumers satisfy most of their requirement from one of their distributors, while others consistently split their demands across suppliers. Also, we found that price sensitivity of customers making most of their purchases with the focal supplier are less affected by the volume of purchases in previous periods. We expect this result to provide valuable information for vendors to negotiate prices with the customers. It allows the distributor to make efficient inferences about competitors in those occasions when competitor price is not directly observed.

Eyewitness error is the leading cause of wrongful convictions. In fact, Professor Gary Wells and other prominent eyewitness researchers stated that “cases of proven wrongful convictions of innocent people have consistently shown that mistaken eyewitness identification is responsible for more of these wrongful convictions than all the other causes combined.” For example, in the first 271 DNA-exoneration cases, eyewitness error occurred in 75% of the cases. In many of the DNA-exoneration cases, multiple eyewitnesses identified the defendant as the perpetrator of the crime and several of the defendants were on death row when they were exonerated.

4 Ready for the Psychologists: Learning from Eyewitness Errors (James M. Doyle)

14 Eyewitness-Identification Evidence: Scientific Advances and the New Burden on Trial Judges (Laura Smalarz & Gary L. Wells)

22 A Method for Analyzing the Accuracy of Eyewitness Testimony in Criminal Cases (Richard A. Wise & Martin A. Safer)

36 Memory Conformity Between Eyewitnesses (Fiona Gabbert, Daniel B. Wright, Amina Memon, Elin M. Skagerberg, & Kat Jamieson)

44 Repeated Information in the Courtroom (Jeffrey L. Foster, Maryanne Garry, & Elizabeth F. Loftus)

48 Jury Instructions on Witness Identification (Brian H. Bornstein & Joseph A. Hamm)

Departments

2 Editor’s Note

3 President’s Column

56 The Resource Page

Using past NMR and current crystallographic structural information about yeast L30 and phylogenetic comparison of L30 proteins in other species, single amino acid mutations at positions 84 and 85 in L30 protein were designed to study the effect of those changes on RNA/protein binding. Amino acids were selected for mutation to establish the necessity of an aromatic and hydrophobic residue in L30 position 85. The phenylalanine in position 85 was mutated to tryptophan, histidine, and isoleucine and the dissociation constant of each mutated L30 was compared to that of the wild type L30 using radioactive filter binding and band shift assays. To further study the position 85 region of L30, single alanine insertions at positions 84 and 86 and single amino acid mutations at position 84 such as proline, histidine and tyrosine were also made and assayed using filter binding and band shift experiments. In order of strongest binding to least, the position 85 mutants were histidine, tryptophan, and isoleucine, with Kd values of 4.3 nM, 10.5 nM, and 58.7 nM, respectively. Both alanine insertions exhibited decreased binding with Kd values for A84 and A86 being 58.2 nM and 170.4 nM, with the insertion at position 86 being the most disruptive. These results suggested that the F85 position needs to have an aromatic amino acid and the stacking interaction with guanine is quite specific.

The structural properties and stability of some of the mutants in differing solvent conditions compared to the wild type protein have been investigated through circular dichroism. GuHCl denaturation experiments monitored by CD showed that cleaved L30 F85W is slightly more stable than cleaved L30 wild type and cleaved L30 F85H. Renaturation experiments showed that denatured cleaved L30 wild type was refolded more efficiently by trimethylamine-N-oxide (TMAO). This suggested that L30 F85W was more stable and in a slightly different conformation. Also, CD scans of L30 mutants and wild type showed secondary structural shifts in the presence of L30 RNA which indicated that the protein changes its conformation upon binding.

To provide supplemental data and an equilibrium alternative to the filter binding experiments, a fluorescence binding assay was developed and implemented. When the RNA binds and brings the nucleotides close to a fluorescently labeled cysteine, the fluorescence of the fluorophore is quenched by the purine-rich RNA internal loop. Through in vitro fluorescence-quenching RNA titrations the relative binding strengths of several mutants were estimated and the relative Kd values were compared to the dissociation constants determined from filter binding data. The binding order from strongest to least binding is L30 wild type, L30 F85H, L30 F85I, L30 F85W and L30 F85A where L30 F85W and F85A exhibit the same quenching. With the exception of L30 F85W, the binding order between methods was the same. This provided support for a fluorescence quenching assay using maleimide dyes tethered to a protein that binds RNA. Determining the strength of the L30 RNA/L30 protein interaction using fluorescence at equilibrium in solution and without the use of radioactive labels could be a safe and efficient method of studying this system and other protein/RNA binding systems.

Traffic Resource Center for Judges

New Reports

Navigating the Hazards of E-Discovery: A Manual for Judges in State Courts Across the Nation (2d ed. 2012).

Focus on Eyewitness Evidence

Suppose a robbery occurs for which there were four eyewitnesses. If one eyewitness, let’s call him John, mistakenly tells another eyewitness, Ringo, that the robber was wearing a blue hat—when in fact the robber was wearing a black hat—than we know Ringo may, inadvertently, remember later that the robber was wearing a blue hat. But would Ringo be even more likely to make this mistake if John had repeated that inaccurate claim multiple times? By contrast, suppose that all of the eyewitnesses— John, Paul, and George—mistakenly claimed it was a blue hat. Would their converging evidence be more misleading to Ringo than if John had simply repeated it multiple times? Put another way, do inaccurate claims do more damage when made by multiple sources, or is it the repetition of claims that matters?

In his introductory article, James Doyle provides judges with an argument for why you should care about what social scientists have documented in their research. It is followed by an article by Laura Smalarz and Gary Wells that reviews eyewitness research, focusing on mistaken identifications and false certainty by witnesses. Their reviews point out the need for judges to be vigilant in making sure that eyewitness identifications are accurate.

Wigmore’s withering cross-examination of the wretched “Professor Muensterberg” in this article is so lengthy and so humiliating that there are moments when a slightly creepy sadistic pleasure seems to be animating the dean. But sadism wasn’t the problem. The problem was Wigmore’s cloddish professorial attempts at humor—Wigmore’s sarcasm created a misimpression that he tried to correct for the rest of his life. Wigmore did want to issue a call to order: to correct Munsterberg’s overstatements and to address Munsterberg’s misapprehensions about legal practice. But Wigmore was far from an enemy of psychology as a discipline; he was actually one of psychology’s earliest advocates, the best legal friend that psychology had.

These questions come up in any jury trial, but they are particularly important in trials relying heavily on witness-identification testimony, for six reasons. First, misidentifications are the most common cause of false convictions. Second, jurors have strong intuitions about the factors that make witness identifications more or less accurate, and many of those intuitions are erroneous. Third, judges themselves have limited knowledge about the factors that do and do not affect identification accuracy. Fourth, a vast amount of empirical research has been conducted on witness identification, giving judges a unique opportunity to guide juror decision making so that it comports with relevant data on the issue. Fifth, testimony about witness identifications can often be quite technical— especially if it involves expert testimony, as these cases increasingly do—placing challenges on juror decision making. And sixth, traditional procedural safeguards designed to reduce false identifications and convictions—such as voir dire, motions to suppress suggestive identifications, and cross-examination— have only limited effectiveness. Thus, judges are well situated to aid jurors in making proper use of witness-identification testimony.

Purpose: We outline the key issues related to cemeteries and burial planners are likely to face and that planning researchers should investigate. We then describe a number of alternatives to the traditional cemetery and how planners might intervene in planning for the dead.

Methods: Literature review based issue discussion.

Results and conclusions: Alternatives to the cemetery are emerging but remain limited. Laws and public perceptions will need to change. There is a need for detailed case studies that explore how the design of burial grounds can be transformed to better integrate the landscapes of death and burial into existing communities and research that explores how ordinances can be rewritten to permit the introduction of alternative methods of disposal.

Takeaway for practice: As population demographics change and environmental concerns intensify in the coming years, demand for space that can sensitively balance a diverse set of social, cultural, and environmental expectations will make local land use decisions an important part of death and burial. Solutions to the challenge of interring the dead are found in a handful of alternatives: Natural burials, mausolea, columbaria, multiple-use cemeteries, and the reuse of existing burial sites. This paper provides planners with information about each of these alternatives, examples of how mortality and burial can be incorporated into the planning process, suggestions for avoiding environmental externalities, and ideas for better integrating the landscapes of death into community life.

4 Ready for the Psychologists: Learning from Eyewitness Errors (James M. Doyle)

14 Eyewitness-Identification Evidence: Scientific Advances and the New Burden on Trial Judges (Laura Smalarz & Gary L. Wells)

22 A Method for Analyzing the Accuracy of Eyewitness Testimony in Criminal Cases (Richard A. Wise & Martin A. Safer)

36 Memory Conformity Between Eyewitnesses (Fiona Gabbert, Daniel B. Wright, Amina Memon, Elin M. Skagerberg, & Kat Jamieson)

44 Repeated Information in the Courtroom (Jeffrey L. Foster, Maryanne Garry, & Elizabeth F. Loftus)

48 Jury Instructions on Witness Identification (Brian H. Bornstein & Joseph A. Hamm)

Departments

2 Editor’s Note

3 President’s Column

56 The Resource Page