Digital Commons Network^™

Misuse, Thomas F. Cotter

Articles

The misuse defense in copyright and patent law is something of an anomaly. Under the approach favored by many courts that have considered the defense, misuse is defined as the broadening of one's copyright or patent with anticompetitive effect. When a defendant in a copyright or patent infringement suit succeeds in proving that the plaintiff has misused its copyright or patent, the court typically enters judgment that the copyright or patent is unenforceable until the misuse is purged. There is no necessary requirement that the copyright or patent defendant itself has been a victim of the misuse (the "standing" anomaly); …

Domestic Agreements, Brian H. Bix

Articles

In this Article I want to explore the treatment of certain domestic agreements in family law and to see what can be learned about law and families. It is a clich6, in discussions of family law and agreements, to point to Sir Henry Maine's famous quotation that society has moved "from Status to Contract."' I will not disappoint expectations here. The Maine quotation is usually offered ironically-and perhaps defiantly-in family law articles, as this is one area where status has stoutly, and largely successfully, resisted being overtaken by contract.

The Effects Of Histone H1 And Benzo[A] Pyrene On Chromatin Modifying Complexes., Zeina Salim Al Natour

Theses

Packaging of DNA into the condensed structure of chromatin presents a barrier to many cellular processes that require DNA access such as transcription and replication. This problem is solved, in part, by the action of various complexes that modify the chromatin structure so that it becomes more accessible and, therefore, a more suitable platform for these processes. ATP-dependent chromatin remodeling complexes and histone acetyltransferases are examples of many chromatin modifying complexes that work to alleviate chromatin-mediated repression. Histone H1 is an important component of chromatin which serves in both stabilizing and folding of chromatin into a higher order structure. Many …

Predictive Oncology: A Review Of Multidisciplinary, Multiscale In Silico Modeling Linking Phenotype, Morphology And Growth, Sandeep Sanga, Hermann B. Frieboes, Xiaoming Zheng, Robert Gatenby, Elaine L. Bearer, Vittorio Cristini

Faculty, Staff and Student Publications

Empirical evidence and theoretical studies suggest that the phenotype, i.e., cellular- and molecular-scale dynamics, including proliferation rate and adhesiveness due to microenvironmental factors and gene expression that govern tumor growth and invasiveness, also determine gross tumor-scale morphology. It has been difficult to quantify the relative effect of these links on disease progression and prognosis using conventional clinical and experimental methods and observables. As a result, successful individualized treatment of highly malignant and invasive cancers, such as glioblastoma, via surgical resection and chemotherapy cannot be offered and outcomes are generally poor. What is needed is a deterministic, quantifiable method to enable …

High-Resolution Vascular Imaging Of The Rat Spine Using Liposomal Blood Pool Mr Agent, K B Ghaghada, K H J Bockhorst, S Mukundan, A V Annapragada, P A Narayana

Faculty, Staff and Student Publications

BACKGROUND AND PURPOSE: High-resolution, vascular MR imaging of the spine region in small animals poses several challenges. The small anatomic features, extravascular diffusion, and low signal-to-noise ratio limit the use of conventional contrast agents. We hypothesize that a long-circulating, intravascular liposomal-encapsulated MR contrast agent (liposomal-Gd) would facilitate visualization of small anatomic features of the perispinal vasculature not visible with conventional contrast agent (gadolinium-diethylene-triaminepentaacetic acid [Gd-DTPA]). METHODS: In this study, high-resolution MR angiography of the spine region was performed in a rat model using a liposomal-Gd, which is known to remain within the blood pool for an extended period. The imaging …

Nutrient Concentrations At Baseflow Conditions In The Upper White River Basin, Southwest Missouri And Northwest Arkansas, Gopala G. Borchelt

Graduate Theses/Dissertations

The Upper White River Basin (UWRB) is becoming increasingly vulnerable to water quality degradation from urban/population growth and increased agricultural production. This study examines the relationships among nutrient levels, water chemistry and watershed characteristics of 19 watersheds in the UWRB. Water samples were collected during baseflow conditions each month for one year at USGS continuous-flow gage stations. Watershed characteristics evaluated were land use, geology, drainage area, flow discharge, and wastewater treatment plant discharge (WTP). Measured chemical water quality indicators include total nitrogen (TN), total phosphorus (TP), specific conductivity, turbidity, pH and dissolved oxygen. Rapidly expanding urban areas are associated with …

The Politics Of Medical Syncretism In The Ghanaian National Healthcare System, Mark Morrison

Electronic Theses and Dissertations

Efforts to create public policy integrating traditional/indigenous medical practices and practitioners into national healthcare strategies are currently being pursued in a variety of nations in the Africa region. The purpose of this research is to present a historical case study of the social and political factors associated with the passage of the Traditional Medicine Practice Act of 2000 in the West African nation of Ghana. Research methodology included conducting a thorough examination of available archival and secondary data as well as an abbreviated interview series (N=5). Research findings suggest that significant factors associated with Ghanaian medical revivalism were the role …

Differences In Types And Severity Of Consequences Of High-Stakes Testing As Realized Between Low And High Performing High Schools And The Impact On The Instructional Programs In Their Schools, Samuel Signorino

Electronic Theses and Dissertations

The purpose of this study was to investigate the role of the Pennsylvania System of School Assessment (PSSA) on the beliefs of teachers and principals, and the impact on the instructional program in their schools. This study collected data on (a) teachers' perceptions of the PSSA, (b) how the program affected instructional practices, and to what extent teachers changed their instructional practices, and (c) what factors, if any, may have influenced these changes. Certified teachers and principals from three high performing and three low performing secondary (9-12 grade) schools in northwestern Pennsylvania were included in this study. Teachers volunteering to …

Spin Flips And Precession In Black-Hole-Binary Mergers, Manuela Campanelli, Carlos O. Lousto, Z. Zlochower, Badri Krishnan, David Merritt

Physics & Astronomy Faculty Publications

We use the “moving puncture” approach to perform fully nonlinear evolutions of spinning quasicircular black-hole binaries with individual spins unaligned with the orbital angular momentum. We evolve configurations with the individual spins (parallel and equal in magnitude) pointing in the orbital plane and 45° above the orbital plane. We introduce a technique to measure the spin direction and track the precession of the spin during the merger, as well as measure the spin flip in the remnant horizon. The former configuration completes 1.75 orbits before merging, with the spin precessing by 98° and the final remnant horizon spin flipped by …

Searches For Periodic Gravitational Waves From Unknown Isolated Sources And Scorpius X-1: Results From The Second Ligo Science Run, B. P. Abbott, R. Abbott, Mario C. Diaz, R. Grosso, Wm. R. Johnston, Soumya Mohanty, Soma Mukherjee, Cristina V. Torres

Physics & Astronomy Faculty Publications

We carry out two searches for periodic gravitational waves using the most sensitive few hours of data from the second LIGO science run. Both searches exploit fully coherent matched filtering and cover wide areas of parameter space, an innovation over previous analyses which requires considerable algorithm development and computational power. The first search is targeted at isolated, previously unknown neutron stars, covers the entire sky in the frequency band 160–728.8 Hz, and assumes a frequency derivative of less than 4×10−10  Hz/s. The second search targets the accreting neutron star in the low-mass x-ray binary Scorpius X-1 and covers the frequency …

Electromagnetic Strong Plasma Turbulence, A. Melatos, F. A. Jenet, P. A. Robinson

Physics & Astronomy Faculty Publications

The first large-scale simulations of continuously driven, two-dimensional electromagnetic strong plasma turbulence are performed, for electron thermal speeds 0.01c⩽v⩽0.57c, by integrating the Zakharov equations for coupled Langmuir and transverse (T) waves near the plasma frequency. Turbulence scalings and wave number spectra are calculated, a transition is found from a mix of trapped and free T eigenstates for v⩾0.1c to just free eigenstates for v⩽0.1c, and wave energy densities are observed to undergo slow quasiperiodic oscillations.

Assessing Integration In Resource And Environmental Management In The Southwest Yukon, Madison S. Saunders

Theses and Dissertations (Comprehensive)

This thesis investigates the theory and practice of integration in resource and environmental management. Research on integration is growing as a result of the escalating demands placed on resources, an increase in the quality and quantity of information available concerning the environment, and the increased involvement and coordination of partners and participants in resource and environmental decision-making. Focus is placed on several resource and environmental decision-making. Focus is placed on several resources and environmental management processes in the Southwest Yukon, including wildlife management, protected areas management, forest management and environmental assessment. A case study approach is utilized to examine the …

Local And Regional-Scale Societal Dynamics In Grizzly Bear Conservation, Douglas Andrew Clark

Theses and Dissertations (Comprehensive)

Conserving grizzly bear populations is a significant challenge for wildlife managers throughout North America. Much fruitful research has been conducted on the biology of grizzlies, but the human dimensions of bear management remain poorly understood. This imbalance has created conflicts between management agencies and local inhabitants that can jeopardize ecosystem management and planning programs in which grizzlies often feature as key components. Broadly, the goal of this study was to understand how and why such conflicts occur. Qualitative data analysis methods and the policy sciences' interdisciplinary problem analysis framework, along with insights from adaptive governance and co-management concepts, resilience theory, …

The Role Of A Clergyperson Within An Assertive Case Management Outreach Team, Rachel Adrienne Lee Fayter

Theses and Dissertations (Comprehensive)

Mental health consumer/survivors living in urban poverty are generally marginalized and devalued by society. To aid in the process of recovery they require a holistic form of treatment to meet their physical, emotional, psychological, and spiritual needs. The current exploratory study investigated the role of a pastor as part of a multidisciplinary team engaged in mental health outreach work and the impacts of this role for people experiencing urban homelessness. Multiple qualitative methods were used to collect data from different stakeholder groups. From multiple participant perspectives, the findings indicate that there are many unique spiritual, relational, and moral aspects of …

Embracing Life After Breast Cancer: Exploring The Holistic Health Of Survivors, Christine Yakiwchuk

Theses and Dissertations (Comprehensive)

Health, from a holistic perspective, is more than physical well-being. The experience and treatment of breast cancer has an impact beyond physical health, with psychological, social, and spiritual factors playing a role in wellness. Physically, treatment such as surgery, radiation and chemotherapy often have disruptive side effects such as, fatigue, breast soreness, nausea, vomiting, hair loss and weight gain, as well as the possibility of losing one or both breasts (Mustain et al., 2002). Psychologically and emotionally, women may experience anxiety, depression, anger, guilt, fear and repression, psychological distress and persistent fears of recurrence (Glanz & Lerman, 1992). The goal …

Interviewing Children About A Repeated Event: Does Prior Practice In Describing A Specific Instance Of An Unrelated Repeated Event Improve The Amount And Quality Of Elicited Information?, Sonja P. Brubacher

Theses and Dissertations (Comprehensive)

Five- to 6- and 7- to 8-year old (N=118) participated, in groups, in 4 sessions of the Laurier Activities over a 2-week period. The Laurier Activities centered around tasks such as listening to a story, completing a puzzle, mild physical exercise, relaxation, getting refreshed, and getting a surprise. Across sessions of these activities, instantiations of each task (e.g., the content of the story) were presented at different frequencies. Instantiations were fixed (the same every time), variable (changed every time), or “Hi/Lo” (the Hi frequency instantiation presented at 3 sessions, the Lo frequency instantiation presented at 1 session). …

An Institutional Analysis Of Oil And Gas Sector Development And Environmental Management In The Yukon Territory, Jason C. May

Theses and Dissertations (Comprehensive)

This thesis investigates the ways in which oil and gas development priorities and concern for the environment are integrated within strategic planning and management frameworks, and how associated conflict is addressed, in a case study of the Yukon. Because substantial ground-based oil and gas activity is yet to occur in the territory, a thorough understanding of the institutions and institutional arrangements set to govern future oil and gas development is a valuable tool for gauging the capacity to integrate these priorities. Therefore, this thesis employs the Institutional Analysis and Development (IAD) framework to analyze the legislation, regulations, policies, and institutions …

The Reception Of Thomas Of Ireland’S Manipulas Florum In Calvinist Geneva: Sex And Marriage In Jacob Stoer’S 1593 Edition, Nicholas Must

Theses and Dissertations (Comprehensive)

This thesis is an analysis of the first edition of Jacob Stoer’s version of Manipulus florum, along with a comparison to an earlier edition (which served as Stoer’s proximate source), based on topics relevant to marriage and sexuality. Placing Stoer’s collection within the context of the Genevan printing industry and the Calvinist reforming of morals, this study sthows how a popular medieval florilegium was brought into the era of the Reformation and confessionalization.

Examining the physical characteristics of Stoer’s editorial work and the resultant effect on the message, it shows that, by employing a variety of editorial techniques, Stoer …

Portfolio Selection In Gaussian And Non-Gaussian Worlds, Jing Wang

Theses and Dissertations (Comprehensive)

In the case of minimizing risk with a given level of expected return, we discuss the portfolio selection problem with the asset returns are characterized by a Gaussian distribution and heavy tailed distribution.

More specifically, under the Gaussian assupmtion, we give the explicit solutions to the problems of minimizing risk variance, CaR and EaR respectively. When a compound Poisson process is assumed, we derive explicit solutions to the variance, CaR and EaR. Furthermore, we give the explicit soultion for the CaR when a Lévy distribution is considered.

For the more realistic process-normal inverse process, we are able to obtain the …

Partial Separability And Partial Additivity For Orderings Of Binary Alternatives, Md. Abul Bashar

Theses and Dissertations (Comprehensive)

In Multiple-Criteria Decision Analysis (MCDA), a good way to find the best alternative is to construct a value function that represents a Decision Maker’s (DM) preferences. For multidimensional alternatives, an additive value function is easiest to work with because it assesses the alternatives in a simple and transparent manner. A DM’s preferences over consequences on a subset of the set of criteria may or may not depend on consequences on the rest of the criteria. Preferences that are free from all such interdependence are said to be separable. The existence of an additive value function implies separability and, when consequences …

Ida Accessibility: Learning More About Whether Individual Development Accounts Can Work For Canada’S Poor, Molly Elliott

Theses and Dissertations (Comprehensive)

Individual Development Accounts (IDAs) or matched saving accounts are programs designed to facilitate the building of capital and assets in low-income households. Based on the model of asset-based welfare policy, these programs propose to combat poverty through inclusion of the poor in asset building opportunities, which traditionally have been available to only middle and upper income households. Described as an anti-poverty strategy, Individual Development Accounts are growing in international popularity with asset-based policies already being included in Canadian income assistance programs. In order to better understand what some of the barriers might be to this anti-poverty program structure, this thesis …

The Role Of Christian Faith In The Acculturation And Identity Development Of Chinese Immigrant Youth, Lynn Chyi-Ing Liao

Theses and Dissertations (Comprehensive)

Immigration is a life-altering experience that significantly contributes a context for identity formation, a critical and salient task during the years of late adolescence and emerging adulthood. Religion as a influential factor in the lives of youth has often been overlooked and considering the transnational quality of Christianity, it may have an important role to play in the acculturation and identity development of immigrant youth.

In this qualitative study, I chose to interview Chinese immigrant youth aged 18-23, who are recent immigrants and self-identify as Christian. The central idea of this exploratory inquiry is that each individual interprets experiences of …

Spatial Relationships Of Carbon Dioxide Exchange In An Upland Forested Wetland Complex In The Western Boreal Plain, Alberta, Canada, Danielle M. Solondz

Theses and Dissertations (Comprehensive)

This study examined the midday (10:00 - 16:00) growing season (April - October) surface cover CO₂ relationships with different canopy closures and microtopography (lawn and depression) in a forested upland - peatland - pond complex in the Western Boreal Plain, north - central Alberta, Canada. A dynamic - closed chamber technique was used to: evaluate the relative contributions of heterotrophic and autotrophic respiration and photosynthesis and assess the relative roles of substrate, plant communities, hydrology, and microclimates on CO₂ exchange.

Large differences were observed among the forest floors of landscape units with different canopy covers with respect to …

An Analysis Of Social Aspects Of Forest Stewardship Council Forest Certification In Three Ontario Case Studies, Melanie Venne

Theses and Dissertations (Comprehensive)

Forest certification is a market-based tool whereby forest management is evaluated against a set of standards that consider environmental, economic and social elements of sustainability. Certificiation is therefore a means of providing customers with the assurance that forest products are originating from sustainability managed forests. It grew out of the ideal of sustainable forest management (SFM) and pulls from its predecessor the concept of multiple dimensions of sustainability. The focus of this project was the international forest certification scheme Forest Stewardship Council (FSC).

A comparative case study approach was used to examine the social implications of certification in three FSC …

Planting The Seeds: The Experiences Of Community Psychology Graduates As Agents Of Systemic Social Change, Peggy Ann Weston

Theses and Dissertations (Comprehensive)

Social change is a part of human existence, but other than charismatic individuals such as Dr. Martin Luther King Jr. and Gandhi, little has been published about the lived experience of social change agents. Time (era, passage of time, etc.) is often neglected as an important temporal factor of analysis in systemic social change (SSC) activities. The intent is to explore the experience of people working as SSC agents and discover what influences their work. A better understanding of this experience would contribute to more effective SSC work and perhaps address challenges facing change agents. The main research question, “What …

Evapotranspirative Controls In A Low Arctic Tundra Environment, Daring Lake, Nwt, Canada, Shawn Lecompte

Theses and Dissertations (Comprehensive)

Determining the extent to which changes in vegetation assemblages influence evapotranspiration in the Arctic could potentially contribute to a more realistic estimation of evaporation in a warming climate.

This project aims to determine whether variations in PET and AET rates measured at six tundra vegetation communities can be attributed to the differing vegetation. This will provide a more realistic estimate of change in the water and energy cycles, as well as evaporative processes for a warmer future, caused by enhanced global warming. Predictions of temperature and precipitation regarding future climate in Canada’s Western low Arctic vary greatly. The majority of …

Client Responsibility For Lawyer Conduct: Examining The Agency Nature Of The Lawyer-Client Relationship., Grace M. Giesel

Faculty and Staff Scholarship

In the 1962 decision of Link v. Wabash Railroad Co., the United States Supreme Court reviewed a district court's sua sponte dismissal of a diversity negligence action. Six years after the plaintiff filed the matter, the district court scheduled a pretrial conference and gave counsel two weeks notice of the scheduled conference. On the day of the conference, plaintiffs counsel called the court to say that he would be unable to attend the conference, giving the impolitic reason that he was busy preparing some documents for the state supreme court. The attorney did not attend the conference, and the district …

The Impact Of Alcohol Hangover On Driving Performance, Edward Michael Uriell

Undergraduate Theses and Senior Projects

No abstract provided.

Single Dna Conformations And Biological Function, Ralf Metzler, Tobias Ambjoernsson, Andreas Hanke, Yongli Zhang, Stephen Levene

Physics & Astronomy Faculty Publications

From a nanoscience perspective, cellular processes and their reduced in vitro imitations provide extraordinary examples for highly robust few or single molecule reaction pathways. A prime example are biochemical reactions involving DNA molecules, and the coupling of these reactions to the physical conformations of DNA. In this review, we summarise recent results on the following phenomena: We investigate the biophysical properties of DNA-looping and the equilibrium configurations of DNA-knots, whose relevance to biological processes are increasingly appreciated. We discuss how random DNA-looping may be related to the efficiency of the target search process of proteins for their specific binding site …

Environmental Information Systems And Community-Based Resource Management In Ghana: An Investigation Of Institutional Policy And Implementation In Context, Abednego Ayitey Aryee

Theses and Dissertations (Comprehensive)

This study employed a case-study approach and cross-case analysis to investigate the impact of Environmental Information Systems (EIS) and Local Knowledge Systems (LKS) on agro-forestry management and biodiversity conservation. Questionnaire-based interviews with service providers, resource managers and focus group discussions with farmers associated with the United Nations Capacity 21, the Netherlands Tropenbos International (TBI) and the United Nations Project on People Land Management and Conservation (UNPLEC), projects yielded in-depth information on agro-forestry practices in southern Ghana. The findings of the survey revealed that computer-based information systems have been used to identify areas of resource degradation. This has served as a …