Thesis (Ed.D.)--University of Delaware, 2006. / Principal faculty advisor: Archbald Douglas, School of Education. Includes bibliographical references.

Magister Legum - LLM

Magister Legum - LLM / The so called business judgment rule (hereinafter referred to as ―the BJR or the rule‖) that serves to protect directors from liability for negative consequences of honest, reasonable business decisions that went wrong, was developed by the American judiciary in the early 19th Century.2 Percy v. Millaudon, a Louisiana Supreme Court decision quoted above, articulated what is now referred to as the BJR.3 This case provides the earliest expression of the American BJR.4 Delaware courts subsequently issued a series of cases formulating the BJR as a presumption.5 Although the earliest expression of the rule was provided by a Louisiana court, the dissertation will focus on the Delaware case law formulation of the rule.6 The essence of the BJR is that judges should not second guess directors‘ decisions if certain elements of the BJR are fulfilled.7 Courts are required to exercise caution when dealing with claims brought by either stakeholders or shareholders against directors who have made bona fide, also referred to as good faith, business decisions.8 In order to be protected by the BJR and for it to act as a safe harbour, the court will determine whether certain requirements have been met before applying the rule.9 The Delaware courts formulated the BJR as a presumption and in order for directors to be protected by the rule they must have made an informed business decision, in good faith and in the honest belief that the decision will be in the best interest of the company.10 As will be discussed later, this formulation of the rule is referred to as the traditional BJR. In addition to the aforementioned formulation, another formulation was provided by the American Law Institute (hereafter referred to as the ―ALI formulation‖).11 Initially there had been difficulties codifying the ALI version of the rule but later it was successfully codified in paragraph 4.01(c) of the ALI Corporate Governance Project.12 This formulation requires a director to ensure that he has no personal interest in the matter, he is reasonably informed of the matter prior to making the decision and he rationally believes the decision will be in the best interest of the company.13 If the director complies with the aforementioned requirements, the director will be considered to have acted in good faith.14 Directors owe fiduciary duties to the company and in instances where they breach one or more of these duties they can incur personal liability.15 The rule thus emerged because of the need to protect directors and it serves as a safe harbour for those individuals who made a decision in conformity with the aforementioned requirements.16 In commercial terms the rule bestows economic freedoms and freedom of entrepreneurship to directors guided, in any case, by ―the best interest of the company‖.17 The most commonly cited reasons for the existence of the rule are that it promotes risk taking, encourages competent persons to serve as directors, prevents judicial second-guessing and promotes judicial efficiency. It further provides directors with sufficient freedom to manage the company and it ensures that the interest of shareholders and those of directors are balanced.18

This thesis tells the previously untold story of how environmental activists in Bucks County, Pennsylvania, in the 1980s waged a nearly decade-long and ultimately losing battle against a plan to pump water from the free-flowing Delaware River. As a case study of grassroots community activism during the presidential administration of Ronald Reagan, the struggle known locally as “Dump the Pump” and spearheaded by a nonprofit organization called Del-AWARE supports and provides a regional take on recent scholarship that has illuminated the vibrant underlying dynamics of local civic engagement occurring amid the overshadowing political conservatism of the Reagan years. Also a case study in public history, this thesis demonstrates how collective historical memory fueled not only Del-AWARE’s protracted struggle, but its enduring legacy in public policy and community life. It concludes with suggestions for preserving the history of Del-AWARE before it is lost forever. / History

The natures of two contiguous worlds in a dramatic symbiosis inspire a singular expression for the two. The moving, highly energetic, brought to order through regulation; not abruptly, but sensitively, through dynamic forms and moving interactions. Land joins water and forms a critical edge that through the mechanism of change is never fully determined. A moving contour presents a foil to the more orderly, precise nature of man-made construction. A building manifests itself as a bridge that unites the realms of land and water. The orderly progression of structural piles assumes power against the backdrop of an unordered field. Suspended pathways traverse the field, uniting the realms and organizing the waterfront. It is the nature of connection: the union of two made possible by a third. Beyond the connection implied of two contiguous realms, a larger order poses its question. What is the sense of belonging; the intimate connection; belonging to and of this place? Validation extends from referencing the immediate site and surrounding area. Perceived and associative images, as well as indigenous forces inform the design and help determine the forms and manner of execution. The exigencies of the site provide the framework for expression. From the Poetics of Gardens: "Sometimes the most poignant qualities of site come not from what is actually there but from what is connected to it through time and space, by our recollections and hopes." An Oceanographic Research Facility, derived from forces and forms indigenous to the coastal milieu, emerges as a platform to experience Land and Sea and by definition, unified: joined in a common sense or relationship. / Master of Architecture

The story of the mentally ill is a tale which is filled with unpleasant facts. Only a very few persons have even a semblance of knowledge about mental deficiencies and those citizen unfortunates who have borne, or will travail, under the throes of such a mysterious affliction. Those people who do know the narrative of the "lunatic," too often are unwilling to reveal their expertise.Therefore, the purpose of this dissertation is to follow the history of those multitudes of mentally ill persons from primitive to contemporary times. One's attention will be focused upon the diagnosis and subsequent treatment of insanity in ancient Egypt and Greece, Europe during the Dark and Middle Ages, England prior to and during the adventures at empire, colonial America, Indiana prior to and after statehood, and specifically Delaware County, Indiana from 1869 through 1927.The research has shown that ages of abuse, restraints, banishment by popular consent from society, sequestration, and indifference toward the mindless in humanity have not explained the ambiguity of mental illness, dwindled man's apprehension regarding the mentally incapacitated, or put to rest his troublesome inner thoughts.In conclusion, little has changed. In contemporary times mankind tends to waver between throwing madness wholly out of perception and out of psyche, and complying with humanitarian impulses to heal the sick souls.It appears that the treatment of the mentally ill has gone full cycle. From remote but centralized places of containment in earliest times, the mentally ill were then supported rather ineffectively at county and local places in accordance with poor law regulations. Then came the advent of state-supported hospitals to replace the often despicable county and local poor farms and jails. But today the collapse of that whole system seems virtually ready to take place as funding becomes less adequate. The feeling is that the mentally ill can better be cared for at local levels. And so once again, the "unwanted" human cargo of concern will soon be back on the serpentine path to resume the life that just a little over a century ago was thought to be grossly inhumane.

This study uses a new integrated outcrop data and airborne lidar from Slaughter Canyon, New Mexico, to quantitatively characterize the cycle-scale facies architecture within the G23-G26 high frequency sequences of the Yates Formation. High frequency cycle-scale mapping of these sequences shows sedimentological evidence for accommodation reduction associated with the Permain composite sequence (CS) 13 highstand (G23-G25). Development of the G26 HFS additionally demonstrates the isochronous balance of mixed carbonate-siliciclastic deposition across the Yates-Capitan reef-rimmed shelf during the initial CS-scale transgression following significant exposure and bypass of sand across the shelf. This sequence framework is quantitatively analyzed using progradation to aggradation (P/A) ratios, facies proportions, facies tract dip width, and facies tract bedding angles to evaluate the interplay of eustacy and syndepositional deformation as drivers of stratigraphic architecture. The sequences defined here developed in response to both eustacy and syndepositional deformation, but individual facies distributions and cycle stacking patterns were largely controlled by eustacy; while facies, cycle, and sequence thicknesses as well as facies bedding angles were locally influenced by syndepositional faulting. A reconstruction of each high frequency sequence and stepwise documentation of post-depositional fault displacement and HFS basinward rotation was generated using the lidar data. This analysis shows that the G23-G26 HFS developed basinward-dipping depositional topography from the shelf crest to the shelf margin reef. This geometry was largely unaltered by syndepositional faults during individual HFS deposition, but was rotated basinward shortly thereafter by younger fault movement. The accommodation trends recorded in this largely shelf crest to shelf margin window can be additionally projected into the middle shelf producing zones of the prolific Yates-aged reservoirs on the Northwest Shelf and Central Basin Platform. / text

The master thesis deals with thermal hydraulic design and strength design of a heat exchanger with “U” tube bundle inside of a shell. The first chapter introduces general design issues of the heat exchangers. The following chapter describes thermal hydraulic design created in software Maple 16.0 by using Kern’s method and the method of Bell-Delaware. HTRI software was used for the control of thermal hydraulic design correctness. To check critical locations of fluid flow in space between the tubes, the CFD model was created at ANSYS Fluent 14.0 software. Accuracy of strength design was verifying by Sant’ Ambrogio software in accordance with ČSN EN 13 445 standards. The last chapter concerns with FEM analysis. According to standards ČSN EN 13 445 the design by analysis namely method based on stress categories were used for the strength analysis of nozzle.

No description available.

No description available.