Digital Commons Network^™

Improvidently Granted: Why The En Banc Federal Circuit Chose The Wrong Claim Construction Issue, Greg Reilly

Faculty Scholarship

The United States Court of Appeals for the Federal Circuit recently granted en banc review in Lighting Ballast Control LLC v Philips Electronics North America Corp to decide whether to afford deference to a district court’s interpretation of patent claims, a step that has been heralded as potentially “lead[ing] to fundamental, far-reaching changes in patent law and patent litigation strategies.” Over the next few months, the parties, scores of amici, and commentators will spend reams of paper and untold amounts of money arguing whether claim construction—interpreting the short, numbered paragraphs at the end of the patent that define the patentee’s …

The Female Body As Spectacle: Ángel De Fuego And La Mujer Del Pueblo: Otilia Rauda By Dana Rotberg, Traci Roberts-Camps

College of the Pacific Faculty Articles

No abstract provided.

Hugnet, Georges, La Vie Amoureuse Des Spumifères ... The Love Life Of The Spumifers, Cosana M. Eram

College of the Pacific Faculty Articles

No abstract provided.

Lessons Learned From Aac Camp, Janet L. Dodd

Communication Sciences and Disorders Faculty Articles and Research

Children who benefit from augmentative and alternative communication (AAC) need not only the support of individuals knowledgeable in the technologies themselves, but ones who understand the translation of language intervention principles to AAC.

The Internationalization Of Higher Education In Southeast Asia: Three Case Studies From Singapore, Thailand, And Vietnam, Vannapond Suttichujit

Graduate Student Dissertations, Theses, Capstones, and Portfolios

The increase of international economic collaboration as a result of globalization has an impact on various aspects of society at the regional level. To improve the effectiveness of such collaboration, the government of numerous countries begins to focus on internationalizing the education system as an approach to increase the level of global competence among the local population. Nevertheless, the results of integrating the international elements in each county are often varied whereby some countries are able to conform to the international policies according to the standards set by global agencies while others distort the international policies to conform to the …

Fixing Music Copyright, Jamie Lund

Brooklyn Law Review

No abstract provided.

The Dialectic Of Stare Decisis Doctrine, Colin Starger

All Faculty Scholarship

In the United States Supreme Court, the concept of stare decisis operates as both metadoctrine and doctrine. On the one hand, stare decisis functions as a generally applicable presumption in favor of adherence to precedent. This presumption is metadoctrinal because it provides a generic argument against overruling that applies independently of the substantive context of any given case. On the other hand, when the Court considers overruling a particularly controversial precedent, it usually weighs the constraining force of stare decisis by invoking factors and tests announced in its own prior caselaw. In other words, the Court has precedent about when …

Deference To Agency Statutory Interpretations First Advanced In Litigation? The "Chevron" Two-Step And The "Skidmore" Shuffle, Bradley George Hubbard

University of Chicago Law Review

No abstract provided.

Epstein's Best Of All Possible Worlds: The Rule Of Law (Reviewing Design For Liberty: Private Property, Public Administration, And The Rule Of Law By Richard A. Epstein), Mark Tushnet

University of Chicago Law Review

No abstract provided.

Religion Research In International Relations: A Taxonomy, John Rees

Arts Papers and Journal Articles

The discipline of international relations (IR) is beginning to readily engage with the variegations of religion manifest in world politics. The essay argues that the perception of research about religion can therefore no longer remain homogenous and it is imperative to differentiate between types of religion research available to IR scholars and policy-makers. With this objective in mind, the essay differentiates between four suggested types of religion research in the IR corpus (policy, cultural, global and postsecular research) and briefly identifies three additional types (disciplinary, data, and primary source research). It is posited that the demarcation between types is important …

Integrating A Periphery Of Exotic 'Others': Ethnic Tourism And The State In China's Xinjiang And Guangxi Provinces, Dara Osher

Theses & ETDs

Since China's embrace of a market economy and rapid economic development along the eastern coastline, the Chinese Communist Party (CCP) has realized the opportunity in promoting a tourism market within the more impoverished Western interior. Greater wealth and leisure time for domestic citizens, coupled with increased international access to China, has resulted in a boom in the tourism industry. The CCP seeks to legitimate its rule via a new national identity that would include the majority Han Chinese and the country's 55 officially recognized ethnic minority groups. A burgeoning tourism market, subsidized partially by the government, allows for these shaoshu …

To Think Or Not To Think: The Effects Of Emotionally Charged Introspection Before Written Emotional Expression Of A Traumatic Experience, Zoe Posner

Theses & ETDs

The effects of two types of introspection, one emotional and relevant to writing and one neutral and unrelated to writing, were compared in combination with a ten minute period of written emotional expression about a traumatic life experience. Forty five undergraduate participants were randomly assigned to one of three conditions: 1) emotional introspection, 2) neutral introspection, or 3) control. Participants in the emotional introspection condition experienced significantly fewer intrusive and avoidant thoughts as compared to participants in the neutral introspection condition. Affective scores significantly differed after writing for both introspection conditions but did not surpass that of the control condition …

Hear Me Sign: An Ethnography Of The Deaf Culture Of Sarasota, Florida, Jessica Ploss

Theses & ETDs

My thesis focuses on understanding why people who identify as either hearing or deaf become members of Deaf culture. This cultural group includes those who were born deaf, were late-deafened, and those who still have the ability to hear; people with all levels of hearing or deafness are able to join the Deaf community if they learn to use American Sign Language (ASL). In Sarasota, Florida, I found that the Deaf community will welcome anyone who is able to use ASL. Through participant observation and interviews with members of the Sarasota Deaf community, my research examines the self-identifying factors among …

Organization Of Schooling In Three Countries, Edmund T. Hamann, Saloshna Vandeyar, Juan Sanchez Garcia

Department of Teaching, Learning, and Teacher Education: Faculty Publications

It has been more than 30 years since Britan and Cohen (1980) assembled a number of leading anthropologists in a joint call for an anthropology of bureaucracies. Their call was a refinement and rearticulation of a more enduring concern in anthropology, illustrated in particular in the work of South Africa-born, British anthropologist Meyer Fortes (1938) who was interested in what McDermott and Raley (2011: 46) have summarized as "the acquisition of kinds of people by social structure."

One starting point for an anthropology of organizations that sees schools as a particular kind of organization meriting direct scrutiny is the anthropology …

The Meaning Of Science In The Copyright Clause, Ned Snow

Faculty Publications

The Constitution premises Congress’s copyright power on promoting “the Progress of Science.” The word Science therefore seems to define the scope of copyrightable subject matter. Modern courts and commentators have subscribed to an originalist view of Science, teaching that Science meant general knowledge at the time of the Framing. Under this interpretation, all subject matter may be copyrighted because expression about any subject increases society’s store of general knowledge. Science, however, did not originally mean general knowledge. In this Article, I examine evidence surrounding the Copyright Clause and conclude that at the Framing of the Constitution, Science meant a system …

Augmented Realities And Uneven Geographies: Exploring The Geolinguistic Contours Of The Web, Mark Graham, Matthew Zook

Geography Faculty Publications

This paper analyzes the digital dimensions of places as represented by online, geocoded references to the economic, social, and political experiences of the city. These digital layers are invisible to the naked eye, but form a central component of the augmentations and mediations of place enabled by hundreds of millions of mobile computing devices and other digital technologies. The analysis highlights how these augmentations of place differ across space and language and highlights both the differences and some of the causal factors behind them. This is performed through a global study of all online content indexed within Google Maps, and …

Learning Context Matters: Communication Strategy Development Through Spanish Interaction, Sonya Hildebrand

Lewis Honors College Capstone Collection

University studies in the Spanish language are often times confined to the classroom. However, more and more programs have been implementing civic engagement in the Hispanic community into the curriculum to create a service-learning experience. This study sought to determine the effectiveness of service-learning in enhancing communication techniques. Twenty undergraduate students at the University of Kentucky were surveyed at the onset and the conclusion of one semester while simultaneously serving the Hispanic community. The students, on average, increased the frequency of communication techniques after a semester of service-learning. Students who participate in a service-learning program often times see a result …

Aplicación Pedagógica De La Lingüística De Corpus A Una Clase De Gramática Avanzada De Español Como Segunda Lengua, Yanira B. Paz

Hispanic Studies Faculty Publications

Este estudio recoge las experiencias de la enseñanza de un curso de gramática avanzada de español como segunda lengua usando la lingüística de corpus (LC) como herramienta pedagógica. Si bien el uso pedagógico de LC en lenguas como el inglés ha sido ampliamente reportado, son escasos los estudios relacionados con el español. Como se desprenderá de estas experiencias, la LC permite el estudio de las estructuras de la lengua (objetivo de una clase de gramática avanzada) y, al mismo tiempo, permite ver estas estructuras y sus usos en producciones reales y naturales aparte de presentarlas en contextos textuales y culturales …

The "Documentary Democracy" Of The Writings Of John Dickinson, Then And Now, Jane E. Calvert

History Faculty Publications

No abstract provided.

"Individual Yet As One": Performing Deafness And Performing Community In Mark Medoff's Children Of A Lesser God, Mariah Crilley

Electronic Theses and Dissertations

In this thesis, I examine the relationship between deafness, women, and performance in Mark Medoff's Children of a Lesser God. The play was a massive popular success, both in its run on Broadway and its movie adaptation. Deafness and deaf people had never been so visible in American hearing culture. More importantly, the play coincided with civil rights movements by people with disabilities, which culminated in the passage of the Americans with Disabilities Act. Disabilities, including deafness, were called into being as part of a national identity. These movements posited self-determination but ultimately relied and thrived on a communal and …

The Metalogicon Of John Of Salisbury: Medieval Rhetoric As Educational Praxis, Brian Gilchrist

Electronic Theses and Dissertations

This dissertation addresses the following question: what are the implications of John of Salisbury's rhetorical theory for his approach to education? The Metalogicon, John's defense of the trivium, represents the primary text analyzed throughout the project. John's medieval rhetorical theory explicated the reciprocal relationship between rhetoric and education. The art of rhetoric acquired educational elements by providing ethical-theoretical frameworks to inform the practices of students and teachers. Experiences from the practices of students and teachers influenced the art of rhetoric. John called for an approach to medieval rhetorical education that could be placed into the service of all people living …

Components Of Family Engagement Programs In Evansville, Indiana, Middle Schools That Impact Parent Participation And Student Success, Elizabeth S. Wells

All-Inclusive List of Electronic Theses and Dissertations

The U.S. Department ofEducation requires public schools to include strategies for increasing family involvement in their school improvement plans. However, a major problem exists for middle and high school principals: identifying these best practices. Therefore, school leaders at the middle and high school levels need to know how to increase and maintain interest in family engagement activities, as a means of enhancing student success and complying with federal policy. The purpose of this two-phase, sequential mixed methods study was to explore the parent responses to a district-wide building-level climate and engagement survey and to identify components implemented by successful urban …

Survival Of The Artist In Margaret Atwood’S Cat’S Eye, Ehsan Hafezikermani, Roshanak Fazli

Khazar Journal of Humanities and Social Sciences

The present paper is to explicate different sorts of responses to the normalizing rubrics of society specifically in a microcosm of Margaret Atwood’s Cat’s Eye as an epitome. Three different groups of characters are taken under observation to illuminate the processes of enacting domination on human being and their various reactions; moreover, their struggle for survival. Applying different critics’ theories- particularly Foucault- the authors try to demonstrate and attest the need of having an artistic character to be able to fight back the subjugating rules and invent a new life line and a new character.

Pre-Objective Depth In Merleau-Ponty And Jackson Pollock, Michael Schreyach

Art and Art History Faculty Research

Pollock’s drip technique generated certain unconventional representational possibilities, including the possibility of expressing the pre-reflective involvement of an embodied, intentional subject in a perceptual world. Consequently, Pollock’s art can be understood to explore or investigate the pre-objective conditions of reflective and intellectual consciousness. His painting—here I consider Number 1, 1949—motivates viewers to consider the relationship between intention and meaning as it appears in both primordial and reflective dimensions of experience. The account proceeds in three stages. First, I review key features of Merleau-Ponty’s concept of the pre-objective and attempt to clarify the reflexive nature of investigating it by considering his …

The Role Of Big Data In The Social Sciences, Steven Ovadia

Publications and Research

This article explores the role of big data in the social sciences and reviews some online sources of large data sets.

Load Estimation For Electric Power Distribution Networks, Chiebuka Eyisi

Electronic Theses and Dissertations

In electric power distribution systems, the major determinant in electricity supply strategy is the quantity of demand. Customers need to be accurately represented using updated nodal load information as a requirement for efficient control and operation of the distribution network. In Distribution Load Estimation (DLE), two major categories of data are utilized: historical data and direct real-time measured data. In this thesis, a comprehensive survey on the state-of-the-art methods for estimating loads in distribution networks is presented. Then, a novel method for representing historical data in the form of Representative Load Curves (RLCs) for use in realtime DLE is also …

The United Colours Of Etiquette: Interculturally In The Higher Education Classroom, Sue Norton, Marty Meinardi

Books/Book Chapters

No abstract provided.

Stepping Stone, Community Education- A Stepping Stone To Third Level Education, Lorraine Perkins

Students Learning with Communities

The focus of this research is to explore supports that facilitated participation and retention of learners on a community education course and additional supports needed to progress to third level education. This research was in partnership with Irish National Association of Adult Education (AONTAS) and supported by Community Links, Technological University Dublin. (DIT) This research is qualitative in nature. For this purpose, a focus group of community learners and semi-structured interviews with community education professionals was conducted. The research gives in-depth insight into learners experiences of what supports facilitated participation in community education and additional supports needed to progress to …

Exploring The Gender-Specific Needs Of Female Refugees During Resettlement And Integration: A Case Study In Pittsburgh, Kristina Sue Kimura

Electronic Theses and Dissertations

Recently Pittsburgh has experienced a noticeable increase in the number of incoming refugees, which has put added pressure on local service providers to develop more efficient resettlement practices. While female refugee's experiences have been largely ignored, this study attempts to better understand the gender-specific needs of female refugees who resettle and integrate into Pittsburgh. I used Ager and Strang's (2004) Indicators of Integration framework, with a focus on the indicators of "employment," "social bridges," "language and culture," and "rights and citizenship," and adapted it to a gendered perspective to analyze data from two focus group sessions with 11 refugee women …

Provenance Xxxi, Issue 2, Cheryl Oestreicher

Provenance, Journal of the Society of Georgia Archivists

No abstract provided.