Digital Commons Network^™

Administrating Patent Litigation, Jacob S. Sherkow

Articles & Chapters

Recent patent litigation reform efforts have focused on every branch of govemment-Congress, the President, and the federal courts-save the fourth: administrative agencies. Agencies, however, possess a variety of functions in patent litigation: they serve as "gatekeepers" to litigation in federal court; they provide scientific and technical expertise to patent disputes; they review patent litigation to fulfill their own mandates; and they serve, in several instances, as entirely alternative fora to federal litigation.

Understanding administrative agencies' functions in managing or directing, i.e., "administrating," patent litigation sheds both descriptive and normative insight on several aspects of patent reform. These include several problems …

Smooth-Muscle Bmal1 Participates In Blood Pressure Circadian Rhythm Regulation, Zhongwen Xie, Wen Su, Shu Liu, Guogang Zhao, Karyn Esser, Elizabeth A. Schroder, Mellani Lefta, Harald M. Stauss, Zhenheng Guo, Ming Cui Gong

Physiology Faculty Publications

As the central pacemaker, the suprachiasmatic nucleus (SCN) has long been considered the primary regulator of blood pressure circadian rhythm; however, this dogma has been challenged by the discovery that each of the clock genes present in the SCN is also expressed and functions in peripheral tissues. The involvement and contribution of these peripheral clock genes in the circadian rhythm of blood pressure remains uncertain. Here, we demonstrate that selective deletion of the circadian clock transcriptional activator aryl hydrocarbon receptor nuclear translocator-like (Bmal1) from smooth muscle, but not from cardiomyocytes, compromised blood pressure circadian rhythm and decreased blood …

Keeping Track Of Conservation, Jessica Owley

Journal Articles

Throughout the world, governments require land protection in exchange for development permits. Unfortunately, oftentimes scant attention has been paid to these land protection programs after development. Agencies and permit applicants agree on mitigation rules, but there appears to be little follow-up. When we do not know where conservation is occurring and cannot determine the rules of mitigation projects, the likelihood that they will be successful or enforced diminishes. I journeyed to California in search of answers by tracing four mitigation plans associated with the Federal Endangered Species Act. While I anticipated some difficulties, the tale is more alarming than expected. …

Redefining Prey And Predator In Class Actions, Christine P. Bartholomew

Journal Articles

Aggregate litigation’s potential as a tool for the disempowered is not being realized. Class actions have come under serious attack in the last decade as critics have successfully worked to change traditional notions of victimhood. The leading narrative identifies big businesses as the vulnerable prey needing protection from large class claims and the greedy class actions attorneys who bring them. Relying on this narrative, courts and Congress have made class actions harder to pursue, from filing and class certification to settlement approval.

Vulnerability theory offers an alternative framework to rehabilitate class actions. From this perspective, the legal system currently disadvantages …

Are Land-Use Changes Reflected In Diets Of Mourning Doves (Zenaida Macroura) In Eastern South Dakota, Joshua B. Smith, Troy Grovenburg, Matthew A. Perrion, Jason M. Augspurger, Trevor W. Bultje, Anna M. Robinson, Brandi L. Crider, Datta Shubham, Jonathan A. Jenks

Natural Resource Management Faculty Publications

Food habits of the mourning dove (Zenaida macroura) have been extensively studied in the southern United States (McClure 1943, Korschgen 1958, Carpenter 1971) and consist primarily of vegetable matter throughout their range (Beckwith 1959). Diet studies in several states have indicated agricultural crops, specifically corn and wheat, were the most readily consumed plant seeds (Korshgen 1958, Carpenter 1971). Similarities observed in diets of doves were dependent on the agricultural crops available within the area. For example, in Missouri, some seasonal variability was documented suggesting doves forage based on food availability as much as by food preference (Korschgen 1958). However, in …

Food Habits Of Fall-Collected Age-0 Walleyes In Eastern South Dakota Glacial Lakes, B. J. Schall, M. J. Phayvanh, J. D. Grote, D. J. Dembkowski, M. R. Wuellner

Natural Resource Management Faculty Publications

Food habits of age-0 fishes can influence their growth and survival prior to the first winter (Hoxmeier et al. 2006, Shoup and Wahl 2011). Ontogenetic diet shifts in juvenile piscivorous fishes result in a transition in consumption from zooplankton to macroinvertebrates and eventually fish throughout development (Mittelbach and Persson 1998). Certain food items may be more energetically beneficial to fishes than others as consumption of prey fishes may lead to faster growth rates of predators, decreased overwinter starvation, avoidance of competition, and reduced predation risk (Werner and Gilliam 1984). By the time age-0 walleyes (Sander vitreus) have reached lengths of …

Bilisshiissaannuua / To Go Without Water: The Importance Of Fasting Among The Apsaalooke, Aaron B. Brien

Graduate Student Theses, Dissertations, & Professional Papers

The Apsaalooke nation of Montana is one of many tribes in the Great Plains that

practice the ritual of fasting (Vision Quest). In this document I will explain Apsaalooke

fasting also called Bilisshíissaannuua To Go Without Water. This will be done by explain

some core elements of Apsaalooke belief to give the reader a string knowledge base,

so that one can contextualize fasting with in Apsaalooke culture.

This documents also highlights the Dryhead Preservation and recordation project

during the summer of 2013, funding and conducted by the Bureau of Land

Management, Custer National Forest and The Crow tribal Historic Preservation …

Taphonomy Of The Chengjiang Biota: Using A Combination Of Sedimentology, Geochemistry And Experimental Taphonomy To Determine Preservation, Lindsay Ann Mackenzie

Graduate Student Theses, Dissertations, & Professional Papers

The Chengjiang Biota, found in the Early Cambrian Maotianshan Shale (Yunnan, China), represents the Cambrian ôexplosion of life,ö providing a snapshot of the early evolution and development of complex life. This snapshot is possible because high fidelity processes transfer information from living organisms to preserved fossils. Taphonomy is everything that occurred during this information transfer from death to fossilization and discovery, including chemical and/or sedimentological processes. The Chengjiang fossilsÆ biology is well documented and taphonomical processes have been proposed. Tests of these models are limited because the depositional environment remains poorly understood. To fill this gap and better constrain the …

Jp's Thesis, Jp Kemmick

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Millennial Who Planted Trees, Trevien Stanger

Graduate Student Theses, Dissertations, & Professional Papers

In this work of creative non-fiction essays and stories, the author explores ecological restoration through a variety of contexts, settings, and conditions.

The Biogeochemistry Of Elemental Sulfur Contaminated Soils: Insights Into Effective Remediation, Michael Ryan Mctee

Graduate Student Theses, Dissertations, & Professional Papers

Soil contamination that results from elemental sulfur (S⁰) deposition is a new occurrence. Elemental sulfur is stockpiled as a byproduct from the oil and gas industry and is deposited by biodegradable trap and skeet targets at shooting ranges. Chemolithotrophs and mixotrophs can oxidize S⁰ to H₂SO₄. Consequently, in areas where excess S⁰ is deposited or stockpiled, soils can acidify to pH values observed with acid mine drainage.

I studied S⁰ contamination at a former sporting clay range. For seven years, the range used biodegradable trap and skeet targets that contained S …

"Spitting Positively Forbidden": The Anti-Spitting Campaign, 1896-1910, Patrick J. O'Connor

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Snip, Snap, Snout: This Tale Is Told Out, Crista A. Ames

Graduate Student Theses, Dissertations, & Professional Papers

Mythology has shaped human thought and experience since before recorded history. Passed from one generation to the next, myths elevate and aggrandize realities that are difficult, complex or horrifying. This is what makes us human, an inspiring capacity toward metaphor and the ability to make beauty, lyricism and splendor—order from the chaos. Within mythology, the cause and effect of both misery and joy may be explored in their wholeness. In this act of imaginative translation, we may come to understand how misery and joy are naturally coexisting.

In my thesis exhibition this tale is told out, I use the layering …

Economic And Policy Factors Driving The Adoption Of Institutional Woody Biomass Heating Systems In The United States, Jesse D. Young

Graduate Student Theses, Dissertations, & Professional Papers

New biomass combustion technologies and adequate biomass supplies have empowered the United States (U.S.) to look beyond satisfying heating needs with traditional fossil-based fuels, but biomass heating is often overlooked by many commercial and institutional entities. This study uses county level Zero Inflated Negative Binomial (ZINB) cross sectional regression analyses to identify economic factors that are favorable to the adoption of decentralized woody biomass heating systems by institutions in the U.S. In addition, biomass policy efficacy with respect to decentralized biomass heating systems is analyzed and regression results are used to develop an expansion map that highlights counties in the …

An Adventurous E-Reader For Non-Linear E-Books, Emily Palmieri

Graduate Student Theses, Dissertations, & Professional Papers

Non-linear books are published in print format as sequential text or digitally as collections of documents linked together via hyperlinks. These publication methods are problematic for readers and authors alike. Readers are often presented with unintuitive interfaces that do not indicate critical contextual information; authors struggle to order non-linear content into linear formats or to create and distribute their work in resource intensive digital mediums. While standard e-books might be a convenient format for non-linear books, current e-readers used to view them are severely limited; they mimic the format of physical books and fail to solve problems inherent in displaying …

Unearthing Connections In A Storied Landscape: The Flathead River Honoring And Place-Based Education In The Flathead Valley, Melissa Wardlow

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Characterization Of Pm2.5 From Residential Woodstove Use For Source Apportionment Application, Virginia M. Porden

Graduate Student Theses, Dissertations, & Professional Papers

Results are presented for the comparative analysis of the PM_2.5 (Particulate Matter <2.5 µm) emissions from an EPA certified and a Traditional style wood stove using western larch. A total of 92 Quartz QMA 47mm filters were collected using a BGI PM_2.5 SSC (Sharp Cut Cyclone) sampler from each stove type and analyzed on a gas chromatograph-mass spectrometer against blank and deuterated internal standards. The results were analyzed using a Welch’s t-test (α > 0.05) to statistically differentiate between stove designs for temperature, mass, levoglucosan, resin acids (abietic and dehydroabietic), and polycyclic aromatic hydrocarbons [PAH] (acenaphthene, anthracene, benz(a)anthracene, pyrene, and retene). There was no statistical difference in levoglucosan PM_2.5 mass fraction between the stove types, yielding a mean levoglucosan fraction of 9.25% and 95% confidence interval of 8.43% …

Assessing Changes In Avian Communities, Jessie D. Golding

Graduate Student Theses, Dissertations, & Professional Papers

Grazing is a potentially powerful tool to address wildlife declines associated with land use conversion in the western United States. Grazing systems can be manipulated to achieve desired vegetation outcomes, preserve native habitat and economically benefit multiple stakeholders. As a result, systems designed to benefit native ecosystems are being widely implemented. However, the benefits of these grazing systems on many wildlife communities remain relatively unexplored. Songbirds provide an ideal study system to test these benefits because they continue to use native habitat that is currently grazed. Given limited time and resources, conservation practitioners often monitor a single focal species or …

Public-Private Water Conservation: An Assessment Of Attitudes In The Deer Lodge Valley, Montana, Elizabeth K. Rial

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Ecological Restoration In Wilderness: What The Fish To Do?, Kelsey R. Patterson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Estimation Of Historic Salmon Populations And Its Application To Contemporary Salmon Conservation, Nick Joseph Gayeski

Graduate Student Theses, Dissertations, & Professional Papers

Populations of wild Pacific salmon and steelhead (Oncorhynchus sp.) in the eastern Pacific Rim have experienced significant declines in abundance and associated genetic and life history diversity over the course of the twentieth century (Nehlson et al 1991, Slaney et al 1996, Myers et al 1998, Lichatowich 1999). In the Pacific Northwest of the United States, declines in the abundance of most populations accelerated in the last two decades of the century and have continued into the first two decades of the twenty-first (Busby et al 1996, Myers et al. 1998, Good et al.2005, Hard et al. 2007, Ford et …

Three Globalizations: An Essay In Inquiry, John Henry Schlegel

Journal Articles

No abstract provided.

A Phenomenological Inquiry Into The Low Rates Of Influenza Vaccination Among Older African Americans, Delia Roxanne Howson-Santana

Walden Dissertations and Doctoral Studies

Influenza vaccination is recommended for persons with high-risk health conditions such as chronic diseases to prevent flu-related complications and death. African Americans 65 years and older have consistently been reported to have the lowest influenza vaccination rates compared to all other racial groups, despite having higher rates of chronic diseases. A review of the literature indicated that there is a dearth of qualitative studies examining the grounds for these low rates. In this study, 15 African Americans 65 years and older were interviewed to explore the factors that contribute to low rates of flu vaccination among this racial group. Research …

Of Mammoths, Mastodons, Megalonyxes, And The Nation: Jefferson And The Question Of American Degeneracy, 1780-1812, Marlena B. Cameron

Theses and Dissertations

Thomas Jefferson ranks among the most famous and most studied presidents, but few historical studies have focused on his scientific endeavors, particularly his work in natural history. By analyzing several of his writings, including the Notes on the State of Virginia and letters that pertained to mammoths and megalonyxes, this thesis explores the interrelationship between science and politics, especially in the context of nationalism. The emphasis Jefferson placed on the American incognitum—what would eventually be identified as the mastodon—reflected the emerging national consciousness of the future United States of America

'The Sancity Of Womanhood': John Ruskin And The Medieval Madonna, Katherine M. Hinzman

Theses and Dissertations

This essay examines how art and gender become one and the same for British art and social critic John Ruskin. His complexly layered rhetoric, most poignantly expressed through the sanctified image of the medieval Madonna, serve as one interesting and much-judged example of many reactions to the tumultuous new social conditions of industrial, imperial nineteenth-century Victorian Britain. Though Ruskin is often labeled by some scholars as a prime example of Victorian sexism, an analysis of his reverence for and encouragement of virtuous medieval qualities in art, society and womanhood will allow us to more fully, effectively and usefully understand Ruskin …

Book Review: Rebecca Herzig, Plucked: A History Of Hair Removal, Jennifer L. Adams

Communication & Theatre Faculty Publications

No abstract provided.

In Pursuit Of Peace: A Qualitative Study On Subjectification And Peaceful Co-Existence In Four Elementary School Classrooms, Debbie Sonu

Publications and Research

This paper presents qualitative data gleaned from four New York City elementary classrooms and focuses on how teachers attempt, each in their own distinct way, to create educational cultures of peace. Here, classroom vignettes are reconstructed from two months of observational and interview data with attention to how teacher beliefs on peaceful co-existence manifest in the playing field of a child's subject formation. Drawing from Judith Butler's concept of subjectification, this study asks: what conditions of possibility do teachers conceive of when thinking about peace in their classrooms? Findings show that teachers create conditions that emerge from their particular theories …

W423.1-0-03 - College Of Arts And Sciences: Dean's Office: Thomas Morgan Administration Records, College Of Arts And Sciences

University Archives Finding Aids

No abstract provided.

Japanese Aesthetics In The Age Of New Media, Ai Saito

Research Papers

The purpose of this project is to use new media as a platform for the values found in Western modernization and in Japanese traditional aesthetics to work together. Key points within the research find that with the advancement of technology our perspective, attitudes and aesthetics of time have drastically changed. The first part of the research investigates the fundamental effect of media brought into the human environment, how electric media has become so powerful as well as looking at the principles of new media. The second part of the research reveals the differences between Western and Japanese aesthetics by focusing …

The Evaluation Of Chromium Propionate Supplementation On Insulin Responsiveness In Finishing Steers And Energy Status In Newly Weaned Steer Calves, Zachary K. F. Smith

Electronic Theses and Dissertations

A series of experiments were conducted to evaluate the influence of supplemental dietary chromium (0 or 400 ppb) on insulin responsiveness in finishing steers (Exp 1. and Exp 2.), and energy status in newly weaned steers upon introduction to the feedlot (Exp 3.). To evaluate insulin responsiveness, two models were used with finished steers of different ages: Exp 1. 12 steers; 24 mo old (BW=783 ± 29 kg); and Exp 2. 24 steers; 14 mo old (BW=625 ± 24 kg). A jugular infusion of insulin (0.45 IU bovine insulin/ kg of BW0.75, INS) was pulse dosed 2 h post-prandial. A …