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Morgan V. Sundance: A Legal Overview Of The Prejudice Requirement In Arbitration And Its Impact On Litigation, Sergio Fernandez
Morgan V. Sundance: A Legal Overview Of The Prejudice Requirement In Arbitration And Its Impact On Litigation, Sergio Fernandez
University of Dayton Law Review
Since the enactment of the Federal Arbitration Act (“FAA”) in 1925, arbitration clauses have been embedded in the commercial contractual ambit and have been a predominant tool employed not only in transactions between corporations, but most importantly between corporations and individuals. Arbitration is a tool used in both the public and private sector to resolve disputes without channeling the usual litigation route. Arbitration, like other forms of alternative dispute resolution (“ADR”), has attributes beneficial to the disputing parties. It “reduces the judiciary’s workload and reduces litigation costs, allowing companies to offer lower prices and higher wages.” It is known to …
Double Standards Or Doubling Down On Mistakes? A Comparative Analysis Of The Outcomes And Effects In State Of Tennessee V. Radonda Vaught And Ohio V. Dr. William Husel, Emily Witker
University of Dayton Law Review
Nobody is perfect. This is a difficult reality for many to accept, but a person’s imperfections are a key factor in shaping their identity as they contribute to their personal growth by learning from the mistakes they make throughout their life. Mistakes in one’s career are no exception and can have varying degrees of consequences, especially in a career involving the care of another human being. The potential consequences for those working in the medical field can be considered some of the most extreme as medical personnel’s actions directly affect the lives of those who they are caring for.
Educational …
Third Circuit Buries The Theft-Robbery Distinction In Graves, Richard Smith
Third Circuit Buries The Theft-Robbery Distinction In Graves, Richard Smith
University of Dayton Law Review
To the layperson, the distinction between theft and robbery may not be entirely clear. In fact, outside a law school or a courtroom, it would not be unusual to find people using the terms interchangeably. The similarities of the offenses lend themselves to this confusion. They both involve an offender taking something that does not belong to them from someone else. But there is a reason they were distinguished by the common law and remain distinguished in modern law today. It speaks to our fundamental notions of fairness and justice to treat differently those that engage in “safe” criminal behavior …
‘Mary Gardens’ Bring Catholic Piety To The Garden, Kayla Harris, Bridget Retzloff
‘Mary Gardens’ Bring Catholic Piety To The Garden, Kayla Harris, Bridget Retzloff
Marian Library Faculty Publications
Each spring, some Catholics plant flowers around a statue of the Virgin Mary, reviving a tradition that goes back to medieval England when holy figures were remembered and shared through plant and flower names.
In Mary gardens, plants and flowers have specific Marian names or religious names in addition to their botanical and common names. For example, the plant today known as foxglove or Digitalis purpurea was once known as “Our Lady’s Glove.” Mary gardens also usually include a statue or image of Mary, sometimes holding the infant Jesus, as a focal point for devotion.
As librarians at the University …
Concerned Philosophers For Peace, Vol. 32 (2024), Court Lewis, Cameron Farvin
Concerned Philosophers For Peace, Vol. 32 (2024), Court Lewis, Cameron Farvin
Concerned Philosophers for Peace
This year’s Newsletter is full of opportunities, information, and fabulous essays from a variety of schol-ars. Please take some time to submit your work to one of the calls for papers or next year’s Newsletter, join CPP, and participate in supporting peace and nonviolence in our turbulent world. See “contents” for a detailed overview of what is in this issue. Make sure to share the Newsletter with anyone who might be interested, and for early career scholars, please take advantage of the Bill Gay Award.
Contents:
- President’s Page (2)
- Essay Prizes, Accomplishments, and Awards (3)
- APA Divisions and APA …
Point: The Supreme Court Gets It Right In 303 Creative V. Elenis: People Of Faith Cannot Be Compelled To Create Expressive Messages Violating Their Religious Beliefs, Charles J. Russo
University of Dayton Law Review
No abstract provided.
Counterpoint To: "The Supreme Court Gets It Right In 303 Creative V. Elenis: People Of Faith Cannot Be Compelled To Create Expressive Messages Violating Their Religious Beliefs" — The Privilege To Silence “Customized” Speech: The Website Kerfuffle In 303 Creative V. Elenis, Jeffrey C. Sun
University of Dayton Law Review
No abstract provided.
Rebuttal To Jeffrey C. Sun’S "The Privilege To Silence ‘Customized’ Speech: The Website Kerfuffle In 303 Creative V. Elenis”, Charles J. Russo
Rebuttal To Jeffrey C. Sun’S "The Privilege To Silence ‘Customized’ Speech: The Website Kerfuffle In 303 Creative V. Elenis”, Charles J. Russo
University of Dayton Law Review
No abstract provided.
Fowl Play, Jerry Zezima
Fowl Play, Jerry Zezima
Erma Bombeck Writers' Workshop Blog
I have a bone to pick with the slobs who have been dumping chicken bones and other garbage on our front lawn. But make no bones about it, I will catch these birdbrains because my wife, Sue, and I recently installed a home security system to capture their fowl deeds.
Rebuttal To Charles J. Russo’S “Point — The Supreme Court Gets It Right In 303 Creative V. Elenis: People Of Faith Cannot Be Compelled To Create Expressive Messages Violating Their Religious Beliefs”, Jeffrey C. Sun
University of Dayton Law Review
No abstract provided.
Who's Publishing What: Do I Know You?, Erma Bombeck Writers' Workshop
Who's Publishing What: Do I Know You?, Erma Bombeck Writers' Workshop
Erma Bombeck Writers' Workshop Blog
A lively blend of personal narrative and popular science, Do I Know You? is the story of one unusual mind’s attempt to understand itself — and a fascinating exploration of the remarkable breadth of human experience.
Who's Publishing What: Christopher Bennett And The Mystic Beetle, Erma Bombeck Writers' Workshop
Who's Publishing What: Christopher Bennett And The Mystic Beetle, Erma Bombeck Writers' Workshop
Erma Bombeck Writers' Workshop Blog
Pawky Publishing has recently published Robert Curreli's first two books, the coming-of-age story Christopher Bennett and the Mystic Beetle and the biting satire Winston Case and the Plans Gone Awry.
Who's Publishing What: I Will Not Be Ignored, Erma Bombeck Writers' Workshop
Who's Publishing What: I Will Not Be Ignored, Erma Bombeck Writers' Workshop
Erma Bombeck Writers' Workshop Blog
Ed Friedman's debut book, I Will Not Be Ignored, offers a humorous take on the author's thinking about current wisdom and personal experiences.
A Thank-You Letter To Erma Bombeck, Susan C. Willett
A Thank-You Letter To Erma Bombeck, Susan C. Willett
Erma Bombeck Writers' Workshop Blog
The Erma Bombeck Writers’ Workshop that I recently attended has inspired and spawned thousands of Ermites all over the world, who chew through life and spit the funny bits onto page and screen and stage for others to enjoy.
Are We Relying On The Wrong Data? Analysis Of E-Journal Usage Data At Seven R1 And R2 Research Universities, Simon Robins
Are We Relying On The Wrong Data? Analysis Of E-Journal Usage Data At Seven R1 And R2 Research Universities, Simon Robins
Roesch Library Faculty Publications
Using data from seven R1 and R2 universities in Ohio, this study seeks to determine the extent of usage of full-text e-journal articles stored across multiple platforms. Specifically, COUNTER 5 data is presented from five major academic journal publishers (Taylor & Francis, SAGE, Oxford, Wiley, and Springer), looking at usage within each of the publishers’ respective platforms, as well as in EBSCO, JSTOR, and OhioLINK’s Electronic Journal Center platform. The overarching goal of the analysis is to identify where exactly usage occurred for this e-journal content within the different platforms, especially in cases where an individual title has duplicate full-text …
No Fly Zone, Jerry Zezima
No Fly Zone, Jerry Zezima
Erma Bombeck Writers' Workshop Blog
Most people would say — especially in the winter, when insects are vacationing in Florida — that they wouldn’t hurt a fly. Not my wife.
Living To Be 100, Dean Norman
Living To Be 100, Dean Norman
Erma Bombeck Writers' Workshop Blog
I never gave much thought to living to be 100 until I hit 90. Then I realized it was possible that I might live to be 100. Then what?
We Met At A Bar ... An American Love Story, Diane Dean-Epps
We Met At A Bar ... An American Love Story, Diane Dean-Epps
Erma Bombeck Writers' Workshop Blog
Nothing shows how far I’ve gone down the ol' timeline than reflecting upon my experiences as a fresh-faced, light-hearted, pre-hyphenated version of myself, landing me firmly in the Decade of Decadence.
A (Hotel) Room Of My Own, Annmarie Kelly
A (Hotel) Room Of My Own, Annmarie Kelly
Erma Bombeck Writers' Workshop Blog
I recently spent two weeks living and writing in the Dayton Marriott, a prize supported by humorist, Anna Lefler, and named in honor of my first newspaper crush, Erma Bombeck.
Determining The Concurrent And Predictive Validity Of The Repetitive Step Test In Individuals With Parkinson's Disease, Rachel Wells, Evan Callahan, Jacob Greco, Harold L. Merriman, Kurt Jackson
Determining The Concurrent And Predictive Validity Of The Repetitive Step Test In Individuals With Parkinson's Disease, Rachel Wells, Evan Callahan, Jacob Greco, Harold L. Merriman, Kurt Jackson
University of Dayton Doctor of Physical Therapy Annual Research Symposium
Purpose/Hypothesis: The Repetitive Step Test (RST) assesses rapid stepping capability in anterior lateral (AL) and posterior lateral (PL) diagonal directions. This study’s goal was to determine the predictive validity of the RST to identify fallers with Parkinson’s Disease (PD). A secondary objective was to determine concurrent validity of the RST to other established tests. It was hypothesized that those who completed fewer steps with the RST would be more likely to fall and that the RST would predict falls at least as well as the other balance tests.
Materials and Methods: 13 subjects (8 F, 5 M; mean age 70.2 …
Efficacy Of Curl Up Task As Abdominal Exercise Program For Diastasis Recti Abdominis, Wendy Chorny, Betsy K. Donahoe-Fillmore, Rio Harrelson, Laney Hulbert, Jessica Westerfield, Mary I. Fisher
Efficacy Of Curl Up Task As Abdominal Exercise Program For Diastasis Recti Abdominis, Wendy Chorny, Betsy K. Donahoe-Fillmore, Rio Harrelson, Laney Hulbert, Jessica Westerfield, Mary I. Fisher
University of Dayton Doctor of Physical Therapy Annual Research Symposium
Purpose/Hypothesis: The separation between the rectus abdominal muscles caused by a widening and thinning linea alba, called diastasis recti abdominis (DRA), contributes to impairments in strength of the abdominal and trunk muscles. DRA is most frequently observed during pregnancy and may recede after childbirth but can be present at 12 months or later after giving birth. The purpose of this study was to determine if a focused 12 or 24 week exercise program improves inter-rectus distance and abdominal strength in women who have given birth.
Number of Subjects: Forty-eight women 27-49 years (mean 37 years) were randomized into a 12 …
Effectiveness Of A Talocrural Joint Mobilization On Restricted Dorsiflexion: A Time Series Intervention Analysis, Carly Archambeau, Ceili Kacmarcik, Camryn Yacks
Effectiveness Of A Talocrural Joint Mobilization On Restricted Dorsiflexion: A Time Series Intervention Analysis, Carly Archambeau, Ceili Kacmarcik, Camryn Yacks
University of Dayton Doctor of Physical Therapy Annual Research Symposium
Purpose/Hypothesis: Restricted ankle dorsiflexion (DF) mobility is a common musculoskeletal impairment. For intervention, ankle joint mobilizations are often utilized to address restricted DF. Interestingly, no studies have investigated the short-term effect duration of a joint mobilization intervention on restricted DF. Therefore, the purpose of this study was to observe the initial effectiveness and effect duration of a DF mobilization treatment. DF measures included both a static inclinometer-based weight-bearing lunge test (WBLT) as well as dynamic 3D motion capture-based peak ankle DF during a forward step down (FSD) task. We hypothesized that both measures would increase post-mobilization and fade to baseline …
The Use And Accuracy Of Millimeter Wave Radar And Machine Learning For Gait Classification And Monitoring, Mubarak Alanazi, Abdullah Alhazmi, Vamsy Chodavarapu, Kurt Jackson, Meghan Brown, Kara Gnau, Shannon Thiel
The Use And Accuracy Of Millimeter Wave Radar And Machine Learning For Gait Classification And Monitoring, Mubarak Alanazi, Abdullah Alhazmi, Vamsy Chodavarapu, Kurt Jackson, Meghan Brown, Kara Gnau, Shannon Thiel
University of Dayton Doctor of Physical Therapy Annual Research Symposium
Purpose/hypothesis: The ability to monitor human activity remotely may be useful in providing telerehabilitation and measuring real-world rehabilitation outcomes. Current methods of activity monitoring have significant limitations (cost, privacy, ease of use) that can limit their benefit and widespread use. Recent advances in machine learning (ML) and millimeter wave radar (MWR) have allowed for the development of a cost effective and simple way to monitor human movement continuously and remotely while maintaining reasonable privacy. The purpose of this study was to test the ability of ML and MWR to accurately classify and monitor different types of human activity including different …
An Artificial Intelligent Millimeter Wave Radar System For Human Activity Recognition And Monitoring, Abdullah Alhazmi, Vamsy Chodavarapu, Kurt Jackson, Cameron Djukic, Jennifer Jaszek, Anna Brown
An Artificial Intelligent Millimeter Wave Radar System For Human Activity Recognition And Monitoring, Abdullah Alhazmi, Vamsy Chodavarapu, Kurt Jackson, Cameron Djukic, Jennifer Jaszek, Anna Brown
University of Dayton Doctor of Physical Therapy Annual Research Symposium
Purpose/hypothesis: The ability to monitor human activity remotely may be useful in providing telerehabilitation and measuring real-world rehabilitation outcomes. Current methods of activity monitoring have significant limitations (cost, privacy, ease of use) that can limit their benefit and widespread use. Recent advances in machine learning (ML) and millimeter wave radar (MWR) have allowed for the development of a cost effective and simple way to monitor human movement continuously and remotely while maintaining reasonable privacy. The purpose of this study was to test the ability of ML and MWR to accurately classify and monitor different types of human activity including falls. …
Wrist Flexor And Extensor Tendon Stiffness During Functional Grip: A Pilot Study, Kristin Stein, Matthew Stephens, Camryn Yacks, Harold Merriman, Joseph Day
Wrist Flexor And Extensor Tendon Stiffness During Functional Grip: A Pilot Study, Kristin Stein, Matthew Stephens, Camryn Yacks, Harold Merriman, Joseph Day
University of Dayton Doctor of Physical Therapy Annual Research Symposium
Purpose/Hypothesis: Ultrasound shear wave elastography (SWE) quantifies muscle stiffness, a mechanical muscle property that is known to influence muscle function. Gripping is an important functional task and relies on the synergistic actions of the wrist flexors and extensors. To date, there are no studies to quantify tendon stiffness as measured by SWE during a functional task like gripping. The purpose of this study was to quantify differences between resting and submaximal gripping stiffness of the common wrist flexor (CFT) and common wrist extensor tendons (CET). Secondly, we aimed to compare tendon stiffness values between the flexor tendon and extensor tendons …
Ehealth Cancer-Related Fatigue Intervention Single Arm Study, Anne Fleischer, Samantha Gelhaus, Emily Flohre, Caroline Frazee, Mary I. Fisher, Carrie Pickering
Ehealth Cancer-Related Fatigue Intervention Single Arm Study, Anne Fleischer, Samantha Gelhaus, Emily Flohre, Caroline Frazee, Mary I. Fisher, Carrie Pickering
University of Dayton Doctor of Physical Therapy Annual Research Symposium
Purpose/Hypothesis: Cancer related fatigue (CRF), a sense of physical, emotional and cognitive tiredness not relieved by rest, negatively affects function. Prevalence is reported to be 59-100% throughout the care continuum. Exercise and psychosocial interventions are supported as effective treatment options, yet barriers to personalized care include time and distance to travel for care. The purpose of this pilot study was to evaluate the effectiveness of personalized exercise prescribed by physical therapy (PT), and occupational goal setting and tasks prescribed by occupational therapy (OT) on physical function.
Number of Subjects: 16 adults with cancer and fatigue ≥4/10.
Materials and Methods: Over …
Altering The Lower Limb Kinetic Chain: Reliability And Minimum Detectable Change Of Total Support Moment, J Barrios, R Cloud, M Gorski, A Grieshop, A Kinney
Altering The Lower Limb Kinetic Chain: Reliability And Minimum Detectable Change Of Total Support Moment, J Barrios, R Cloud, M Gorski, A Grieshop, A Kinney
University of Dayton Doctor of Physical Therapy Annual Research Symposium
Purpose: 3D joint kinetics are routinely studied in various lower limb musculoskeletal conditions. Often, a condition affecting a joint is associated with altered kinetics at that same joint, such as knee osteoarthritis being associated with reduced knee flexion moments. However, these same-joint alterations may also contribute to altered comprehensive movement patterns of the entire limb in a synergistic manner. A lower limb biomechanical metric that represents this multi-joint kinetic chain synergy is the total support moment (TSM). Indeed, TSM has been found to be altered in knee osteoarthritis, anterior cruciate ligament reconstruction, and partial meniscectomy. Despite this, psychometric studies are …
Bal-A-Vis-X Intervention To Improve Upper Limb Coordination In Children With Disability: A Pilot Study, Marta Boot, Zoe Clark, Kyla Hill, Mckenzie Stefanoff, Betsy Donahoe Fillmore, Trisha Renner, Bo Slutz, Mary I. Fisher
Bal-A-Vis-X Intervention To Improve Upper Limb Coordination In Children With Disability: A Pilot Study, Marta Boot, Zoe Clark, Kyla Hill, Mckenzie Stefanoff, Betsy Donahoe Fillmore, Trisha Renner, Bo Slutz, Mary I. Fisher
University of Dayton Doctor of Physical Therapy Annual Research Symposium
Purpose/Hypothesis: Balance/Auditory/Vision exercises (Bal-A-Vis-X) consists of a series of exercises using sand-filled bags and racquet balls. Most of the exercises are completed while standing on a rocker board and heavily rooted in rhythm. The rhythmic patterns are utilized to facilitate focused concentration, crossing midline, motor planning, right/left awareness, eye-hand coordination, balance, bilateral coordination, body and spatial awareness. Only a few published studies have explored Bal-A-Vis-X as an intervention in therapy. The purpose of this study was to investigate the use of Bal-A-Vis-X to improve upper limb coordination in children with motor delays.
Number of Subjects: Fifteen children with motor delays …
Humor Writer Of The Month: Nancy Crochiere, Erma Bombeck Writers' Workshop
Humor Writer Of The Month: Nancy Crochiere, Erma Bombeck Writers' Workshop
Erma Bombeck Writers' Workshop Blog
Nancy Crochiere, who penned the comic novel Graceland, is our Humor Writer of the Month for May.
Emotional Eclipses And Pilgrimages, Pam Sherman
Emotional Eclipses And Pilgrimages, Pam Sherman
Erma Bombeck Writers' Workshop Blog
April was an incredible month for eclipses and pilgrimages that captivated the world and changed me personally.