Digital Commons Network^™

Take This House And Shove It: The Emotional Drivers Of Strategic Default, Brent T. White

SMU Law Review

No abstract provided.

Patenting The Human Body: The Constitutionality Of Gene Patents And Suggested Remedies For Reform, Olga Bograd

SMU Law Review

No abstract provided.

Facing The Future Of Oil In U.S. Courts: A Recommendation For Changing The Bremen Doctrine On Enforceability Of Forum Selection Clauses, Mark D. Mutschink

SMU Law Review

No abstract provided.

Social Networking In The Workplace: Are Private Employers Prepared To Comply With Discovery Requests For Posts And Tweets, Lisa Thomas

SMU Law Review

No abstract provided.

Right To Counsel In Parental-Rights Termination Cases: How A Clear And Consistent Legal Standard Would Better Protect Indigent Families, The, Elizabeth Mills Viney

SMU Law Review

No abstract provided.

Vol. 35, No. 1: Winter 2010, School Of Medicine & Health Sciences

North Dakota Medicine Archive

No abstract provided.

Implementing The Settlement Of State Of North Dakota, By And Through The North Dakota State Board Of Higher Education And The University Of North Dakota V. National Collegiate Athletic Association, Grant Shaft

North Dakota Law Review

No abstract provided.

American Professional Sports Is A Doper's Paradise: It's Time We Make A Change, Daniel Gandert, Fabian Ronisky

North Dakota Law Review

No abstract provided.

Intellectual Property—Patents: The United States Supreme Court Clarifies The Test For Patent Eligibility Of Processes, Rebecca L. Binstock

North Dakota Law Review

Bilski v. Kappos, 130 S. Ct. 3218 (2010)In Bilski v. Kappos, the United States Supreme Court clarified the threshold test of patent eligibility under 35 U.S.C. § 101, holding the machine-or-transformation test was not the sole test to determine whether a process invention was eligible for patent. The machine-or-transformation test is an important and useful clue in determining whether a process invention is patent eligible, but should not be used as a bright-line test. The Court interpreted the statutory language of “process” with its ordinary, contemporary, and common meaning, which did not require a tie to a machine or transformation …

A Look Back: Oral Histories From Und Professionals, Brenda Haugen

UND Publications

This publication features excerpts from oral histories with retired UND faculty and staff: William Crow, budget director; Gordon Henry, Vice-President for Student Affairs; Virginia Kaloupek, office of Continuing Education; Lloyd Omdahl, department of Political Science and North Dakota Lieutenant Governor; LeRoy Sondrol, director of Plant Services; and Henry Tomasek, department of Political Science.

Economically Benevolent Dictators: Lessons For Developing Democracies, Ronald J. Gilson, Curtis J. Milhaupt

Faculty Scholarship

The post-war experience of developing countries leads to two depressing conclusions: only a small number of countries have successfully developed; and development theory has not produced development. In this article we examine one critical fact that might provide insights into the development conundrum: Some autocratic regimes have fundamentally transformed their economies, despite serious deficiencies along a range of other dimensions. Our aim is to understand how growth came about in these regimes, and whether emerging democracies might learn something important from these experiences.

Our thesis is that in these economically successful countries, the authoritarian regime managed a critical juncture in …

Origin Myths, Contracts, And The Hunt For Pari Passu, Mark C. Weidemaier, Robert E. Scott, G. Mitu Gulati

Faculty Scholarship

Sovereign loans involve complex but largely standardized contracts, and these include some terms that no one understands. Lawyers often account for the existence of these terms through origin myths. Focusing on one contract term, the pari passu clause, this article explores two puzzling aspects of these myths. First, it demonstrates that the myths are inaccurate as to both the clause’s origin and the role of lawyers in contract drafting. Second, the myths often are unflattering, inaccurately portraying lawyers as engaged in little more than rote copying. The article probes this disjunction between the myths and lawyers’ actual practices and explores …

Profiling And Consent: Stops, Searches And Seizures After Soto, Jeffrey Fagan, Amanda Geller

Faculty Scholarship

Following Soto v State (1999), New Jersey was among the first states to enter into a comprehensive Consent Decree with the U.S. Department of Justice to end racially selective enforcement on the state’s highways. The Consent Decree led to extensive reforms in the training and supervision of state police troopers, and the design of information technology to monitor the activities of the State Police. Compliance was assessed in part on the State’s progress toward the elimination of racial disparities in the patterns of highway stops and searches. We assess compliance by analyzing data on 257,000 vehicle stops on the New …

The Role Of The Chief Executive In Domestic Administration, Peter L. Strauss

Faculty Scholarship

Written for an international working paper conference on administrative law, this paper sets the Supreme Court's decision in Free Enterprise Fund v. Public Company Accounting Oversight Board in the context of general American concerns about the place of the President in domestic administration, a recurring theme in my writings.

Physical Therapy Examination, Evaluation, And Intervention For A Patient Status Post Total Ankle Arthroplasty, Kyle Gregerson

Physical Therapy Scholarly Projects

Background and Purpose: Total ankle arthroplasty is the least performed arthroplasty of the lower extremities and there is still much to learn about the need for and progression of rehabilitation for this population. The purpose of this case report is to describe the examination, evaluation, interventions, and outcomes for a patient receiving out-patient physical therapy for the first time at 10 weeks status post total ankle arthroplasty.

Case Description: The patient was a 75 year old male that presented to out-patient physical therapy 10 weeks s/p cemented right total ankle arthroplasty. The patient had received acute care physical therapy, …

Acute Care Physical Therapy Management Of An Elderly Patient With Posterior-Lateral Approach Total Hip Replacement, Kristi J. Mackedanz

Physical Therapy Scholarly Projects

Background and Purpose: This article describes the acute care physical therapy management of an 88 year old female who underwent elective left posterior lateral approach total hip arthroplasty surgery. The patient was seen post-operative day one presenting with extreme pain, decreased functional mobility, and decreased range of motion and strength. Total hip arthroplasty has become a common surgery among the elder population to improve their functional and decrease pain occurring in their hip. The purpose of this article is to describe the interventions used with this patient, such as bed exercises, ambulation, and the functional outcome.

Case Description: This patient …

Und Housing: Serving You For 125 Years, Sorin Nastasia, University Of North Dakota

UND Departmental Histories

This departmental history was written on the occasion of the UND Quasquicentennial in 2008.

North Dakota Supreme Court Review, North Dakota Law Review Associate Editors

North Dakota Law Review

No abstract provided.

Occupational Therapists' Perspectives On Psychosocial Treatment Of Sexual Dysfunction With Mental Health Patients, Brittany Siefert, Joseph Troudt

Occupational Therapy Capstones

Purpose: The purpose of this study is to investigate the perceptions of mental health occupational therapists about psychosocial treatment of sexual dysfunction with clients in psychiatric facilities.

Methods: Using qualitative methodology, student researchers interviewed six occupational therapists practicing in psychiatric settings as part of an exploratory study into the perceptions of clinicians about treatment of sexual dysfunction with people who have mental health disabilities. Semi-structured interviews utilized open-ended questions. Electronic recording of interviews was conducted and verbatim transcripts were created. Data was analyzed and emergent codes and themes were developed.

Results: Three themes emerged related to: scope of practice, perceived …

A Holistic Treatment Approach For Individuals Experiencing Phantom Phenomena: An Occupational Therapy Approach, Jenna Akkanen, Laura Olauson

Occupational Therapy Capstones

The prevalence of individuals who have had an amputation and experience adverse types of sensory input from the missing limb is very high (Hunter, Katz, & Davis, 2005). According to the literature, sensory input can be divided into non-painful sensations or painful sensations in the amputated limb often called "phantom sensations." These pains and sensations can have many negative implications upon an individual's occupational performance, and consequently directly implicate the need for occupational therapy. A large number of persons post-amputation experience pain and different sensations from their affected limb even after the healing process has finalized; the etiology behind why …

Treating Adults With Chronic Pain: Exploring The Contemporary Trends Of Occupational Therapy, Jennifer Gough, Laura Roush

Occupational Therapy Capstones

Purpose: The aim of this study was to explore occupational therapy’s approach in treating individuals with chronic pain. More specifically, to evaluate occupational therapy’s role in current practices including assessments, models of practice, modalities, and competencies.

Methodology: Following IRB approval, a purposive sampling method was used to gain a sufficient number of participants to complete an online survey. Inclusion criteria for participants in this study included occupational therapists currently working in an outpatient setting, current members of the American Occupational Therapy Association (AOTA), and practicing within the states of Wyoming, North Dakota, South Dakota, Montana, Colorado, and Nebraska. Subjects were …

Differentiating Dementia From Mental Illness In The Elderly: An Occupational Therapy Process, Michelle Halsted

Occupational Therapy Capstones

The purpose of this product is to provide those persons admitted to a hospital setting with an unclear diagnosis the opportunity to be efficiently and accurately diagnosed, thus allowing proper treatment, medications, and placement, if needed. Often, . there is confusion amongst professionals in the treatment team as to whether an older adult may have a developing dementia versus symptoms of a mental illness. Through the evaluation process, individuals will engage in a balance of evaluative activities that may improve physical, social, emotional, spiritual, occupational, and cognitive focus areas. These evaluations are primarily based on Allen's Cognitive Model and The …

Use Of Myofascial Release And Proprioceptive Neuromuscular Facilitation In Combination With A Rehabilitation Protocol For A Patient Following A Massive Rotator Cuff Tear And Repair: A Case Report, Bryan L. Arroyo

Physical Therapy Scholarly Projects

Background and Purpose. This case report describes the use of postoperative treatments incorporating myofascial release and proprioceptive neuromuscular techniques, on a 59-year-old male who underwent a left open rotator cuff repair following a massive rotator cuff tear. This was after an 8 week passive motion phase. The goals of this case report were to evaluate the feasibility of these techniques and to examine improvements in shoulder range of motion, function of the involved extremity, and pain reduction.

Case Description. The patient suffered a massive rotator cuff tear at work after falling on his shoulder. The patient started with an 8 …

Grade I Slap Lesion: A Conservative Treatment Approach, Joseph Klatt

Physical Therapy Scholarly Projects

Background and Purpose: This case report describes the examination, intervention, and outcome of a patient with a grade I SLAP lesion using non-surgical physical therapy intervention. Detailed conservative strategies have not been previously described in the literature.

Case Description: The patient was a 39 year old male with a grade I SLAP lesion of the left shoulder with a significant history of shoulder pain since he pitched in the minors at age 23. Prior to formal physical therapy intervention the patient had pain rated at 7 out of 10 and could not perform overhead activities and ADLs such …

Physical Therapy Interventions For Multiple Sclerosis And Diplegia, Kyle R. Nyquist

Physical Therapy Scholarly Projects

Background and Purpose – It is estimated that approximately 2.5 million people world-wide suffer from multiple sclerosis (MS). MS is a neurological disease that impacts messages from the brain to motor and sensory nerves. This disruption can cause loss of sensation and motion to a specific region of the body. The purpose of this case study is to identify interventions used for a person with multiple sclerosis.

Case Description – The Patient is a 40-year-old male who has been suffering from MS for 27 years. He has lost the use of his lower extremities and had contractures at his knees …

Picturing Family Histories: Torill Kove And Lene Ask, Melissa Gjellstad

Languages & Global Studies Faculty Publications

No abstract provided.

Pregnant Man?: A Conversation, Darren Rosenblum, Noa Ben-Asher, Mary Anne Case, Elizabeth F. Emens, Berta E. Hernández-Truyol, Vivian M. Gutierrez, Lisa C. Ikemoto, Angela Onwuachi-Willig, Jacob Willig-Onwuachi, Kimberly Mutcherson, Peter Siegelman, Beth Jones

Faculty Scholarship

I'm a law professor who works on gender, sexuality, and culture in the international and comparative context. That's my head working. In "real" life, my partner, Howard, and I have been engaged in having a baby together for several years, a project that came to fruition with the birth of our daughter Melina. Of course, such a project evokes intensely complex feelings and thoughts. Beyond a simple transposition of the personal onto the political, I feel so fortunate to have engaged in myriad conversations with a variety of friends and colleagues who think much more carefully about the family and …