Digital Commons Network^™

Threatening The Founding Ideal Of A Republic Of Letters: An Assessment Of The Supreme Court's Copyright Decisions Over The First Decade Of The Twenty-First Century, Susanna Frederick Fischer

Scholarly Articles

Disregard for the social value of a modern Republic of Letters like that so revered by Madison and Jefferson is a conspicuous hallmark of the Supreme Court's recent copyright case law. The four decisions in which the Court has issued full opinions since 2001 (New York Times Co. v. Tasini (2001), Eldred v. Ashcroft (2003), MGM Studios, Inc. v. Grokster, Ltd. (2005), and Reed Elsevier, Inc. v. Muchnick (2010) indicate that a majority of the Court does not share with Jefferson and Madison a belief in the civic importance of protecting widespread public access …

Standing To Sue In The Myriad Genetics Case, Megan M. La Belle

Scholarly Articles

In recent years, the topic of gene patents has generated significant debate among medical researchers, biotechnology companies, academics, policymakers, and patent lawyers. The controversy implicates a wide range of legal and policy questions, including whether human genes should be patentable, and whether such patents stimulate or stifle innovation. In Association for Molecular Pathology v. Myriad Genetics, a high-profile case recently before the United States Court of Appeals for the Federal Circuit, a divided panel of the court addressed these questions. Before reaching the merits of the case, however, the court had to decide whether the plaintiffs had standing to sue …

Empathy’S White Elephant: Responding To The Subprime Mortgage Crisis Without Denigrating The Poor, Adam J. Macleod

Scholarly Articles

Empathy is the new coverture. Before state legislatures abolished it in the nineteenth century, the plea of coverture nullified any attempts by a married woman to exercise sovereignty over her property. Just as coverture did to married women, the now-well-known call for empathy in our nation's judgments threatens to deny poor borrowers, as a class, the freedom and responsibility to manage their assets. Empathy, as the ideal judge would employ it, would impede the agency of, and thus denigrate, persons within that class. The injustice (and ground for the ultimate abolition) of coverture arose from its failure to respect women …

Preliminary Efficacy Of A Computer-Delivered Hiv Prevention Intervention For African American Teenage Females, Charles H. Klein, Josefina J. Card

Anthropology Faculty Publications and Presentations

This study translated SiHLE (Sisters Informing, Healing, Living, and Empowering), a 12-hour Centers for Disease Control and Prevention evidence based group-level intervention for African American females 14-18 years of age, into a 2-hour computer-delivered individual-level intervention. A randomized controlled trial (n = 178) was conducted to examine the efficacy of the new Multimedia SiHLE intervention. Average condom-protected sex acts (proportion of vaginal sex acts with condoms, last 90 days) for sexually active participants receiving Multimedia SiHLE rose from M = 51% at baseline to M = 71% at 3-month follow-up (t = 2.06, p = .05); no statistically significant difference …

What Anthropologists Should Know About The New Evolutionary Synthesis, Cameron M. Smith, Julia Cleverly Ruppell

Anthropology Faculty Publications and Presentations

Discoveries of modern biology are forcing a re-evaluation of even the central pillars of neo- Darwinian evolution. Anthropologists study the processes and results of biological and biocultural evolution, so they must be aware of the scope and nature of these changes in biology. We introduce these changes, comment briefly on how will influence anthropology, and suggest numerous readings to introduce anthropologists to the significance and substance of the new evolutionary synthesis.

Human Chondrosarcoma Cells Acquire An Epithelial-Like Gene Expression Pattern Via An Epigenetic Switch: Evidence For Mesenchymal-Epithelial Transition During Sarcomagenesis., Matthew P. Fitzgerald, Francoise Gourronc, Melissa L.T. Teoh, Matthew J. Provenzano, Adam J. Case, James A. Martin, Frederick E. Domann

Journal Articles: Cellular & Integrative Physiology

Chondrocytes are mesenchymally derived cells that reportedly acquire some epithelial characteristics; however, whether this is a progression through a mesenchymal to epithelial transition (MET) during chondrosarcoma development is still a matter of investigation. We observed that chondrosarcoma cells acquired the expression of four epithelial markers, E-cadherin,desmocollin 3, maspin, and 14-3-3σ, all of which are governed epigenetically through cytosine methylation. Indeed, loss of cytosine methylation was tightly associated with acquired expression of both maspin and 14-3-3σ in chondrosarcomas. In contrast, chondrocyte cells were negative for maspin and 14-3-3σ and displayed nearly complete DNA methylation. Robust activation of these genes was also …

Traumatic Brain Injury: Cyclophilin D As A Therapeutic Target And The Neuropathology Caused By Blast, Ryan Douglas Readnower

University of Kentucky Doctoral Dissertations

With an estimated incidence of 1.5 million each year, traumatic brain injury (TBI) is a major cause of mortality and morbidity in the United States. Opening of the mitochondrial permeability transition pore (mPTP) is a key event contributing to TBI pathology. Cyclophilin D (CypD), a matrix peptidyl-prolyl cis-trans isomerase, is believed to be the regulating component of the mPTP. Cyclosporin A, an immunosuppressant drug, inhibits CypD and blocks mPTP formation and has been shown to be neuroprotective following TBI. However, it is unclear if CsA’s neuroprotective mechanism is due to inhibition of CypD and/or immuno-suppression. Therefore to directly assess the …

Factors Predicting Physical Activity Among Older Thais Living In Low Socioeconomic Urban Communities, Phachongchit Kraithaworn, Yupapin Sirapo-Ngam, Noppawan Piaseu, Dechavudh Nityasuddhi, Kimberlee A. Gretebeck

College of Nursing Faculty Research and Publications

This study was conducted to determine if specific factors (physical activity self-efficacy, sense of community, social support, perceived physical and mental health, and neighborhood environment and facilities) predicted physical activity among 258 older Thais living in six registered, low-socioeconomic, urban communities across metropolitan Bangkok. The theoretical model was based on integrated concepts from Pender’s Health Promotion Model and the Social Ecological Model. The hypothesized model was tested using path analysis.

The final model explained 33%, 51% and 22% of the variance in physical activity, physical activity self-efficacy and sense of community, respectively. Physical activity self-efficacy was the most powerful predictor …

Application Of The Hill Criteria To The Causal Association Between Post-Traumatic Headache And Assault, Michael D. Freeman, Sean S. Kohles

Mechanical and Materials Engineering Faculty Publications and Presentations

Post-traumatic headache (PTH) is a common and disabling symptom secondary to the traumatic event. It is known that assault is associated with a wide range of physical symptoms including PTH. In this work, the general causation approach provided by the Hill criteria is described as an assessment tool for specific causation with regards to PTH and sexual assault. Time-dependent models of probability and, in-turn, relative risk are described as quantitative algorithms for addressing inductive and abductive conclusions of causation in forensic science.

Quasi-Steady Capillarity-Driven Flows In Slender Containers With Interior Edges, Mark M. Weislogel, J. Alex Baker, Ryan M. Jenson

Mechanical and Materials Engineering Faculty Publications and Presentations

In the absence of significant body forces the passive manipulation of fluid interfacial flows is naturally achieved by control of the specific geometry and wetting properties of the system. Numerous 'microfluidic' systems on Earth and 'macrofluidic' systems aboard spacecraft routinely exploit such methods and the term ‘capillary fluidics’ is used to describe both length-scale limits. In this work a collection of analytic solutions is offered for passive and weakly forced flows where a bulk capillary liquid is slowly drained or supplied by a faster capillary flow along at least one interior edge of the container. The solutions are enabled by …

Learning Through Quests And Contests: Games In Information Literacy Instruction, Maura A. Smale

Publications and Research

Games-based learning is an innovative pedagogical strategy employed at all levels of education, and much research in education, psychology, and other disciplines supports its effectiveness in engaging and motivating students, as well as increasing student learning. Many libraries have incorporated games into their collections and program-ming. College and university libraries have begun to use games for information literacy and library instruction. Academic librarians use commercially-produced games, create their own games, and employ game principles and mechanics to enhance their tradi-tional instructional offerings. While there may be impediments to implementing games-based learning for information literacy, the promising benefits of this approach …

2011-2012 Graduate Catalog, Morehead State University

Morehead State Catalog Archive

2011-2012 graduate catalog for Morehead State University.

2011-2012 Undergraduate Catalog, Morehead State University

Morehead State Catalog Archive

2011-2012 undergraduate catalog for Morehead State University.

One Hand Does Not Catch A Buffalo: 50 Years Of Amazing Peace Corps Stories, Aaron Barlow

Publications and Research

Stories from Peace Corp workers based in Africa.

Designing And Using Virtual Field Environments To Enhance And Extend Field Experience In Professional Development Programs In Geology For K-12 Teachers, Frank Douglas Granshaw

Dissertations and Theses

Virtual reality (VR) is increasingly used to acquaint geoscience novices with some of the observation, data gathering, and problem solving done in actual field situations by geoscientists. VR environments in a variety of forms are used to prepare students for doing geologic fieldwork, as well as to provide proxies for such experience when venturing into the field is not possible. However, despite increased use of VR for these purposes, there is little research on how students learn using these environments, how using them impacts student field experience, or what constitutes effective design in light of emerging theories of geocognition.

To …

Runaway And Homeless Youth: Changing The Discourse By Legitimizing Youth Voice, Donald Dale Schweitzer

Dissertations and Theses

Undoubtedly, runaway and homeless youth (RHY) are one of the most vulnerable, yet underserved groups in our country. Well-meaning advocates have developed programs and services in an attempt to remedy this, yet there is little evidence of their effectiveness. Moreover, according to the research literature, a low utilization rate of current services by youth is a major concern. From a constructivist theoretical position, this study posits that the missing element is youth voice and the researcher hired formerly homeless youth to conduct the analysis of focus group data gathered from RHY who were participating in a range of services funded …

Writing Her Way To Spiritual Perfection: The Diary Of 1751 Of Maria De Jesus Felipa, Stephanie Oliver

Dissertations and Theses

Throughout the colonial period of Mexican history, cloistered nuns wrote spiritual journals at the request of their confessors. These documents were read and scrutinized, not only by the confessors, but also by others in the hierarchy of their Orders. They are important sources of study for historians in that they provide a window into the religious culture of the times and the spiritual mentality of their authors. This thesis will examine one such record, discovered in a collection of volumes at the Historical Franciscan Archive of Michoacán in Celaya, Mexico. The diary covers eleven months of 1751 in the life …

Total Mercury In Stranded Marine Mammals From The Oregon And Southern Washington Coasts, Nathan J. Wintle

Dissertations and Theses

Muscle samples from 105 marine mammals stranded along the Oregon-Washington coasts (2002-2009) were tested for levels of total mercury by Cold Vapor Atomic Fluorescence Spectrometry. The total mercury present is predominantly in the form of highly toxic methylmercury. After normalizing muscle tissue to 75% water weight, due to variance in water content, Steller sea lions (Eumetopias jubatus) and northern elephant seals (Mirounga angustirostris) exhibited the highest mean concentrations of total mercury followed by harbor seals (Phoca vitulina), harbor porpoises (Phocoena phocoena), and California sea lions (Zalophus californianus); 0.34 ± 0.278, …

Opening Black Boxes And Following Traces: An Exploration Of The Coalition For A Livable Future's Regional Equity Atlas Actor-World, 2003-2007, Meg Merrick

Dissertations and Theses

Maps have longed been recognized as instruments of power and persuasion. With the recent proliferation of maps in the media and on the Internet has come an increasing desire among groups advocating for environmental and social change to have access to maps (the product) and mapping (the process) to more effectively promote their agendas. However, this is not as simple as it seems. Far from being neutral conduits of "truth," maps are constructed by a myriad of social interactions among heterogeneous actors (human and technical) that left unacknowledged can lead to an untapped potential of the power of maps. Adopting …

The Challenges And Opportunities Of Immigrant Integration: A Study Of Turkish Immigrants In Germany, Matthew Franklin Clark

Dissertations and Theses

In an ever-globalizing world, societies comprised of myriad people and cultures are quickly becoming the norm rather than the exception. In societies made up of culturally diverse, religiously pluralistic and disparate people, an added layer of complexity becomes apparent when attempting to integrate multiple cultures into a single society. Germany, in its reconstruction effort following World War II, faced such an integration challenge when a massive influx of Turkish migrants arrived as part of a "foreign worker" agreement. The introduction of a large and culturally diverse immigrant population made cultural understanding of paramount importance. Culture is an intangible element that …

Prestructuring Multilayer Perceptrons Based On Information-Theoretic Modeling Of A Partido-Alto-Based Grammar For Afro-Brazilian Music: Enhanced Generalization And Principles Of Parsimony, Including An Investigation Of Statistical Paradigms, Mehmet Vurkaç

Dissertations and Theses

The present study shows that prestructuring based on domain knowledge leads to statistically significant generalization-performance improvement in artificial neural networks (NNs) of the multilayer perceptron (MLP) type, specifically in the case of a noisy real-world problem with numerous interacting variables.

The prestructuring of MLPs based on knowledge of the structure of a problem domain has previously been shown to improve generalization performance. However, the problem domains for those demonstrations suffered from significant shortcomings: 1) They were purely logical problems, and 2) they contained small numbers of variables in comparison to most data-mining applications today. Two implications of the former were …

Calcium And Redox Control Of The Calcium Release Mechanism Of Skeletal And Cardiac Muscle Sarcoplasmic Reticulum, Laura Jean Owen

Dissertations and Theses

The sarcoplasmic reticulum is an internal membrane system that controls the Ca²⁺ concentration inside muscle cells, and hence the contractile state of both skeletal and cardiac muscle. A key protein that that regulates the Ca²⁺ concentration in this membrane is known as the calcium release channel (CRC). The effects on Ca²⁺ dependent activation is of major importance in the study of CRC since other channel modifiers cannot effect the channel in the absence of Ca²⁺, or they require Ca²⁺ for maximum results. In this study of the high-affinity Ca²⁺ binding site, expected increases in total binding and shifts in the …

Empowering The Collaborative Citizen In The Administrative State: A Case Study Of The Federal Communications Commission, Peter M. Shane

University of Miami Law Review

No abstract provided.

Jones V. Harris Associates L.P.: The Search For Investor Protection Continues ..., Ryan Bollman, Mark Andreu

University of Miami Law Review

No abstract provided.

Deforestation, Drought And Humans: New Discoveries Of The Late Quaternary Paleoenvironment Of Rapa Nui (Easter Island), Candace Lynn Gossen

Dissertations and Theses

The mystery of the trees of Rapa Nui (Easter Island) is a complex problem within a dynamic ecosystem. With new physical cores from the volcanic crater lake Rano Kao, this dissertation uncovers a detailed 15,000 year ecological history of Easter Island and its climatic variability. New radiocarbon dating methods establish a more precise chronology which shows that the island before human habitation was very different than what we know today. It had a simple but prolific ecology that transitioned into a barren grassland. What factors caused the transition are unclear but are likely to be human related. As the forests …

Rules For Growth: Promoting Innovation And Growth Through Legal Reform, Nicole Stelle Garnett, Robert E. Litan, Yochai Benkler, Henry N. Butler, John Henry Clippinger, Robert Cook-Deegan, Robert D. Cooter, Aaron S. Edlin, Ronald J. Gilson, Oliver R. Goodenough, Gillian K. Hadfield, Mark A. Lemley, Frank Partnoy, George L. Priest, Larry E. Ribstein, Charles F. Sabel, Peter H. Schuck, Hal S. Scott, Robert E. Scott, Alex Stein, Victoria Stodden, John E. Tyler Iii, Alan D. Viard, Benjamin Wittes

Journal Articles

The United States economy is struggling to recover from its worst economic downturn since the Great Depression. After several huge doses of conventional macroeconomic stimulus - deficit-spending and monetary stimulus - policymakers are understandably eager to find innovative no-cost ways of sustaining growth both in the short and long runs. In response to this challenge, the Kauffman Foundation convened a number of America’s leading legal scholars and social scientists during the summer of 2010 to present and discuss their ideas for changing legal rules and policies to promote innovation and accelerate U.S. economic growth. This meeting led to the publication …

Designing Surveillance Law, Patricia L. Bellia

Journal Articles

As communications surveillance techniques become increasingly important in government efforts to detect and thwart criminal and terrorist activities, questions of how to reconcile privacy and law enforcement interests take on paramount importance. These questions have institutional as well as substantive dimensions. That is, the issue is not simply what the limits on communications surveillance should be, but who should set them — courts through application of the Fourth Amendment or legislatures through statutes and the oversight process? The scholarly literature offers divergent positive and normative perspectives on these questions.
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Internet Law Reader, Eric Goldman

Historical and Topical Legal Documents

No abstract provided.

Restoring Lost Connections: Land Use, Policing, And Urban Vitality, Nicole Stelle Garnett

Journal Articles

Justice William Brennan rightfully reminded all of us that state constitutional law is too often neglected in our courtrooms and our classrooms. State constitutions, to borrow from the late Chief Justice William Rehnquist, ought not to be "relegated to the status of a poor relation" in our constitutional legal structure. They differ in important ways from the federal law Constitution-and those differences provide the space within which our democratic experiment flourishes. And I am sure if Justice Brennan were here with us today, he would agree that we also should not neglect the study of the state and local policies …

Belonging And Trust: Divorce And Social Capital, Margaret F. Brinig

Journal Articles

To whom do spouses belong? Do they belong to their communities as well as each other and their immediate families? These questions are explored in an empirical paper demonstrating ways in which social capital in communities may affect even the marriages of people living in them.