Digital Commons Network^™

Google As Copyright Iconoclast, James Gibson

Law Faculty Publications

Google’s role as a copyright defendant has provided fodder for many an essay in this series, particularly with regard to the Google Books litigation. (Incidentally, that litigation celebrates its tenth anniversary next month – and it’s still going strong.) A more recent Google case, however, is probably just as important, and it provides another interesting lesson in the Internet behemoth’s copyright litigation strategy.

The case is Oracle v. Google. In early 2010, Oracle acquired Sun Microsystems, the developer of Java, the popular cross-platform programming language. Soon thereafter, Oracle sued Google for copyright infringement, alleging that Google’s Android operating system copied …

Self-Management Education In Hispanic Women With Gestational Diabetes Mellitus (Gdm), Laura B. Hieronymus

DNP Projects

The purpose of this Practice Inquiry Project was to develop, implement, and evaluate the effectiveness of a diabetes self-management education intervention in a population of Hispanic women at risk for gestational diabetes mellitus within a CenteringPregnancy(R) model of care.

Prenatal Anxiety And Cesarean Delivery In A Clinic Population, Carol A. Kirby

DNP Projects

Although there is an abundance of literature on the topics of prenatal anxiety, stress, depression, etc. during pregnancy, very little research has been conducted on the impact of prenatal anxiety on cesarean delivery and the studies which have been conducted have resulted in conflicting results. This study focused on prenatal anxiety in a clinical population, the characteristics of participants with reported high anxiety, and its association with cesarean deliveries. Prenatal anxiety was defined as Spielberger’s state anxiety and measured with the STAI. Data was collected over all three trimesters of pregnancy and post-delivery. The characteristics of participants who reported high …

Implementing A Hospital-Acquired Pressure Ulcer Prevention Program, Maryann L. Lancaster

DNP Projects

Objective: To implement a Hospital-Acquired Pressure Ulcers (HAPU) prevention program utilizing an assessment tool to identify patients at risk, and intervene with a sacral Mepilex® dressing. Our aims are to determine if a change in nursing knowledge and change in nursing behavior after implementing our program.

Background: HAPUs are a significant problem in patient care and healthcare organizations must implement prevention protocols to reduce HAPU prevalence. Guidelines for implementing HAPU prevention programs suggest use of a validate risk assessment tool and initiating preventive interventions. One intervention found in the literature is the adjunctive use of prophylactic Mepilex® dressings to sacral …

Measuring Providers’ Adherence To The American Diabetes Association Screening Recommendation For Prevention Of Diabetic Nephropathy, Whitney R. Munroe

DNP Projects

Purpose: The purpose of this study was to evaluate provider adherence to the ADA’s recommendation for an annual screening urinary albumin excretion level to check for the presence of microalbuminuria. A secondary objective was to assess for adequate treatment (i.e. ACE inhibitor or ARB prescription) in those patients with microalbuminuria present.

Methods: A retrospective chart review was conducted on 60 randomly selected patients seen within a primary care practice in an urban university setting between January 1^st, 2014 and December 31^st, 2014. Inclusion criteria included age ≥ 18 years and an active diagnosis of type 2 …

Efforts To Improve Colorectal Cancer Screening Rates, Yong S. Girdler

DNP Projects

This project attempts to describe the efficacy of FOBT (guaiac-based FOBT & fecal immunochemical test), explore FluFOBT program, and examine the relationship between advanced practice registered nurse knowledge level about CRC screening recommendation guideline and self-reported referral rates in efforts to improve CRC screening rates.

Evaluation Of An Educational Intervention To Improve Nurse Managers' Understanding Of And Self-Assessed Competence With Personnel Budgeting, Sue J. Mcfarlan

DNP Projects

Purpose: The purpose of this paper is to report on the process and outcomes of a DNP practice inquiry project.

Design: The design is a pretest posttest comparative evaluation.

Setting: The University of Kentucky Healthcare Chandler, Samaritan, and KY Children’s hospitals.

Subjects: A voluntary convenience sample of nurse managers was obtained (n=10)

Intervention: The intervention was a 2 hour didactic session and an individualized one-on-one educational session focused on general healthcare finance terms and more specifically on personnel budgeting and productivity metrics

Measures: The pretest and posttest consisted of 20 questions obtained from healthcare finance texts and preparatory materials for …

Assessment Of Nurses’ Views And Current Practice Of Trauma-Informed Pediatric Nursing Care: Oncology, Alesandra S. Conley

DNP Projects

Purpose: The purpose of this project is to: (i) assess and evaluate the awareness, knowledge and current practice trends of pediatric oncology nurses as they relate to pediatric trauma-informed care. Methods: A prospective, cross-sectional sample of convenience was used to assess pediatric nursing staff at the Kentucky Children’s Hospital. The survey used in this study was replicated from a previous study, “Nurses’ Views and Current Practice of Trauma-Informed Pediatric Nursing Care,” authored by Kassam-Adams et al., nurses and doctors affiliated with Children's Hospital of Philadelphia, University of Pennsylvania, Penn State Hershey Children's Hospital, Nemours Child Health System, Children's Hospital of …

Childhood Nutrition And Lifestyle In Owensboro, Kentucky, Mckenzie J. Mattingly

DNP Projects

According to the CDC, childhood obesity is now one of the leading health problems in the United States. Thirty-five percent of adults in the United States are obese. Kentucky is the 12th most obese state for adults. and the 7th most obese state for children. The State of Obesity: Better Policies for a Healthier America, states that Kentucky’s adult obesity rate is currently 31.6 percent. This is up from 21.7 percent in 2000 and 12.7 percent in 1990. Primary care providers must work to help prevent these numbers from continuing to climb. Since our population of children who are overweight …

Examining The Relationship Between Type And Extent Of After-School Care Use And High Bmi In Children Ages 5-17, Morgan E.B. Chojnacki

DNP Projects

Objectives: The purpose of this study was to examine the relationship between body mass index (BMI) and after-school care use in school age children and adolescents in Kentucky. The specific aims of this study were to examine differences in BMI groups (high versus normal/low) by: a) type and b) extent of after-school care use.

Methods: Parents of children age 5-17 years were administered a 21-item survey which assessed the amount of time their children spent in specific types of after-school care. BMI of the child/adolescent participants were obtained at the time of the survey. High BMI was defined …

Judicial Bias: The Ongoing Challenge, Kathleen Mahoney

Journal of Dispute Resolution

This article calls for a renewed commitment to judicial education on the roles that gender, race, class and other biases can have on judicial decisions and impartiality. This article also calls for the appointment of a more representative and diverse judiciary. An explosion of activity occurred for about a decade between the late 1980s until the late 1990s to promote and implement social context education for judges to help judges understand the realities of people most unlike themselves, and to appoint judges to be more representative of the population of Canada. But this trend has diminished to the point that …

Writing Reasoned Decisions And Opinions: A Guide For Novice, Experienced, And Foreign Judges, S. I. Strong

Journal of Dispute Resolution

Producing well-written reasoned judgments (a term that is used herein to denote both trial court decisions and appellate opinions) is the goal of all members of the bench. Badly written rulings can have significant legal consequences for both the parties, who may incur costs as a result of a need to appeal a poorly worded decision or opinion, and society as a whole, since a poorly drafted precedent may drive the law in an unanticipated and unfortunate direction or lead to increased litigation as individuals attempt to define the parameters of an ambiguous new ruling. As a result, helping judges …

The Chondrogenic Potential Of Hematopoietic Stem Cells, Katie Rebecca Wilson

MUSC Theses and Dissertations

Cartilage is a complex tissue that has a very low regenerative capacity, which significantly hinders its ability to repair itself. Stem cell therapy for the purpose of cartilage regeneration has gathered much attention. Bone marrow consists of two types of stem cell populations, the mesenchymal stromal cell (MSC) and the hematopoietic stem cell (HSC). While MSCs have been demonstrated to have the capacity of differentiating into osteoblasts, chondrocytes, and adipoctyes, recent studies are beginning to delve into the possibility of hematopoietic stem cells also having this differentiation capability. Our laboratory has demonstrated an HSC origin for cells such as osteoblasts, …

The Influence Of Production Practices, Tillage, And Endophytic Bacteria On Bell Pepper Productivity And Physiology Under Different Irrigation Regimes, Zheng Wang

Theses and Dissertations--Plant and Soil Sciences

To evaluate the strip tillage in organic bell pepper (Capsicum annuum L.) production as an integrated system for sustainable vegetable cropping two-years of field trials were conducted in 2011 and 2012. The field trials were conducted to determine the viability of strip tillage in conventional and organic bell pepper production systems by comparing plant growth, water status, and fruit yield to plastic mulch grown plants application under different irrigation regimes. The two-year field data demonstrated that organic pepper with strip tillage application was a viable combination that produced comparable yield to conventional plastic mulch system and utilized water more …

Soil Management And Nitrogen Dynamics In Burley Tobacco Rotations, Congming Zou

Theses and Dissertations--Plant and Soil Sciences

Agronomic practices, including tillage, crop rotation and N fertilization, have been developed to efficiently manage soil N dynamics and crop N nutrition. These practices can affect soil organic carbon (SOC) and soil total nitrogen (STN) sequestration, and consequently influence soil nitrogen mineralization (SNM) and crop N nutrition. However, little research has been systematically and simultaneously conducted to examine the effect of agronomic management on (1) SOC and STN stocks; (2) SNM; and (3) crop N nutrition. Burley tobacco (Nicotiana tobacum L.) is a N demanding crop and subject to inefficiency in N fertilization. Moreover, conservation tillage and rotation have been …

Unveiling Novel Aspects Of D-Amino Acid Metabolism In The Model Bacterium Pseudomonas Putida Kt2440, Atanas D. Radkov

Theses and Dissertations--Plant and Soil Sciences

D-amino acids (D-AAs) are the α-carbon enantiomers of L-amino acids (L- AAs), the building blocks of proteins in known organisms. It was largely believed that D-AAs are unnatural and must be toxic to most organisms, as they would compete with the L-counterparts for protein synthesis. Recently, new methods have been developed that allow scientists to chromatographically separate the two AA stereoisomers. Since that time, it has been discovered that D-AAs are vital molecules and they have been detected in many organisms. The work of this dissertation focuses on their place in bacterial metabolism. This specific area was selected due to …

Title Ix-A New Frontier For The Rights Of Transgender Youth? The Demand For Federal Regulations Clarifying The Act's Applicability, Elias Shebar

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

School Of Hark Knocks - The Impact Of The Nfl Concussion Litigation, Elise Michael

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Taking Users' Rights To The Next Level: A Pragmatist Approach To Fair Use, Niva Elkin-Koren, Orit Fischman-Afori

Cardozo Arts & Entertainment Law Journal

Exceptions and limitations to the rights of copyright owners aim to promote copyright goals in a rapidly changing world. Policymakers are often faced with the choice of either adopting an open-norm, such as fair use, to facilitate flexibility and adaptability, or opt for a strictly defined list of exceptions and limitations to facilitate more certainty and predictability. So far, this binary choice between bright-line rules and vague standards has created a deadlock.

This paper argues that in order to promote a reasoned implementation of fair use and serve both the purpose of copyright law and the rule of law, courts …

Joinder And Early Discovery In Bittorrent Copyright Infringement Lawsuits, Stefan Mentzer, Michael La Marca

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A Legislative Pendency Proposal To Address The Consumer Harm Caused By The Broken Retransmission System, Marla S. Merchut

Cardozo Arts & Entertainment Law Journal

No abstract provided.

This Book Is Not Yet Rated: Age Ratings In The Literary Market Vs. Minors' First Amendment Right To Receive Information, Nathalie De Choudens Baez

Cardozo Arts & Entertainment Law Journal

No abstract provided.

"Playoffs?! Are You Kidding Me, Playoffs?": An Antitrust Analysis Of College Football's New Playoff Format, Brandon C. Miller

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Free Speech Institutions And Fair Use: A New Agenda For Copyright Reform, Hannibal Travis

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Blockchain: A Proposal To Reform High Frequency Trading Regulation, Christina Batog

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Mhealth: A Utilization Review By Feature Classification For Sustained Use, Elaine Dunn

MUSC Theses and Dissertations

mHealth is a fast growing segment for healthcare. However, there has been little research into the specific elements of mHealth that can drive continued use for optimization of the potential benefits. The purpose of this case study was to use the Delone and McLean Information System Model as a framework for classification of mHealth functionality and then to review the utilization of those categories over a six month period of time. A sample of 137 pediatric diabetics was reviewed. The activation rate was high at 94.9% indicating an interest in using mHealth. There was higher utilization of system features in …

Picturing Life: Using Photo Journals To Explore Challenges And Supports For Women Living With Hiv (Wl-Hiv), Toshua Willingham Kennedy

MUSC Theses and Dissertations

Human immunodeficiency virus (HIV) is a health-related stigmatizing condition that progresses to acquired immune deficiency syndrome (AIDS), characterized by a weakened immune system and opportunistic diseases. South Carolina ranks eighth for AIDS prevalence in the United States, and for socioeconomic reasons, women, specifically minority women, in the southern region of the country experience the worst clinical outcomes after receiving an HIV diagnosis. Research that focuses on strategies to improve clinical outcomes for women living with HIV (WL-HIV) has great value in promoting empowerment and health equity especially among minority women. The current study used a participatory research design to collaborate …

Midwest Vision For Sustainable Fuel Production, Kenneth J. Moore, Stuart Birrell, Robert C. Brown, Michael D. Casler, Jill E. Euken, H. Mark Hanna, Dermot J. Hayes, Jason D. Hill, Keri L. Jacobs, Cathy L. Kling, David Laird, Robert B. Mitchell, Patrick T. Murphy, D. Raj Raman, Charles V. Schwab, Kevin J. Shinners, Kenneth P. Vogel, Jeffrey J. Volenec

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

This article charts the progress of CenUSA Bioenergy, a USDA-NIFA-AFRI coordinated agricultural project focused on the North Central region of the US. CenUSA’s vision is to develop a regional system for producing fuels and other products from perennial grass crops grown on marginally productive land or land that is otherwise unsuitable for annual cropping. This article focuses on contributions CenUSA has made to nine primary systems needed to make this vision a reality: feedstock improvement; feedstock production on marginal land; feedstock logistics; modeling system performance; feedstock conversion into biofuels and other products; marketing; health and safety; education; and outreach. The …

Use Of Mobile Phones For Interaction In Distance Education, Tayyaba Batool, Ginger Watson, Saul Carliner (Ed.), Catherine Fulford (Ed.), Nathaniel Ostashewski (Ed.)

STEMPS Faculty Publications

Distance education is a widely adopted technology in many developed parts of the world where educational agencies are constantly considering new technologies that can serve as a medium for instructional delivery and interaction. Mobile phones are one of the most recent technologies to gain much consideration and use. This brief paper outlines the current state of distance education, delivery mediums, and instructional approaches that foster interaction to promote effective learning. Particular emphasis is given to the potential for mobile devices to be used as effective instructional tools in distance education in Pakistan and other underdeveloped countries. The proposed study will …

Antimicrobial-Resistant Bacterial Populations And Antimicrobial Resistance Genes Obtained From Environments Impacted By Livestock And Municipal Waste, Getahun E. Agga, Terrance M. Arthur, Lisa M. Durso, Dayna M. Harhay, John W. Schmidt

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

This study compared the populations of antimicrobial-resistant bacteria and the repertoire of antimicrobial resistance genes in four environments: effluent of three municipal wastewater treatment facilities, three cattle feedlot runoff catchment ponds, three swine waste lagoons, and two “low impact” environments (an urban lake and a relict prairie). Multiple liquid and solid samples were collected from each environment. The prevalences and concentrations of antimicrobial-resistant (AMR) Gram-negative (Escherichia coli and Salmonella enterica) and Gram-positive (enterococci) bacteria were determined from individual samples (n = 174). The prevalences of 84 antimicrobial resistance genes in metagenomic DNA isolated from samples pooled (n = …