Digital Commons Network^™

Applying Patent-Eligible Subject Matter Restrictions, Jonas Anderson

Utah Law Faculty Scholarship

The US Supreme Court’s difficulty in promulgating a standard for patent-eligibility has not gone unnoticed in the academy. Hundreds of academic conferences, including this one, have been devoted to the topic. The goal of this Article is not to solve the seemingly intractable problem of patent-eligibility doctrine. The goal of this Article is rather more modest. Instead of normatively assessing patent-eligible subject matter doctrine, this Article seeks to identify which foundational theories of patent-eligible subject matter can most readily be applied by courts and the US Patent and Trademark Office via Section 101. In doing so, this Article categorizes the …

Lateral Flow Nucleic Acid Biosensor For The Detection Of Sexually Transmitted Diseases, Meenu Baloda

Chemistry and Biochemistry

Nucleic acid detection is of central importance for the diagnosis and treatment of genetic diseases, infectious agents, bio-warfare agents, and drug discovery. Nucleic acid testing for diseases is exclusively performed in laboratories using high-end instrumentation and personnel. However, this has developed the need for point of care diagnostics which can provide near-patient testing in a clinic, doctor’s office, or home. Such diagnostic tools can prove advantageous when rapid response is required or when suitable facilities are unavailable. Compared to equivalent methods used in laboratories, point of care testing is more affordable, as it eliminates the need for expensive instrumentation and …

A Description Analysis Of Disciplinary Cases Of Law Enforcement Officers In The State Of Florida Over A Ten-Year Period, Brian V. Frank

Graduate Student Dissertations, Theses, Capstones, and Portfolios

A distrust of government is as old as the country itself. Police officers hold a great deal of power, as they have the ability to take the one thing the American people hold sacred: freedom. Ethical violations by police officers enrage the public and cause great concern for law enforcement administrators. Past research has focused on the individual aspects within law enforcement along with criminological and sociological theories. The most recent research in law enforcement ethics shows fragmentation and a lack of standardization within the areas of screening, training, and managing for integrity. According to the Bureau of Justice Statistics, …

Exercise As Medicine For Diabetes: Prescribing Appropriate Activities And Avoiding Potential Pitfalls: Preface, Sheri R. Colberg

Human Movement Studies & Special Education Faculty Publications

(First Paragraph) In this issue, I have the pleasure of further reinforcing for you the benefits of engaging in regular exercise, along with the more expansive realm of appropriate physical activities for people with diabetes. Although physical activity is a cornerstone in the management of diabetes, and the health benefits of exercise are widely touted as "medicine" for diabetes, many individuals with this chronic disease fail to become or remain regularly active.

Surveillance As Loss Of Obscurity, Woodrow Hartzog, Evan Selinger

Faculty Scholarship

Everyone seems concerned about government surveillance, yet we have a hard time agreeing when and why it is a problem and what we should do about it. When is surveillance in public unjustified? Does metadata raise privacy concerns? Should encrypted devices have a backdoor for law enforcement officials? Despite increased attention, surveillance jurisprudence and theory still struggle for coherence. A common thread for modern surveillance problems has been difficult to find.

In this article we argue that the concept of ‘obscurity,’ which deals with the transaction costs involved in finding or understanding information, is the key to understanding and uniting …

Caperton's Next Generation: Beyond The Bank, Jed Handelsman Shugerman, Debra Lyn Bassett, Gregory S. Parks, Dmitry Bam, Rex R. Perschbacher

Faculty Scholarship

Part of NYU Journal of Legislation & Public Policy Fall 2014 symposium: "Courts, Campaigns, and Corruption: Judicial Recusal Five Years after Caperton". The panels can be watched here.

Comments On The Oecd's "Due Diligence Guidance For Meaningful Stakeholder Engagement In The Extractives Sector", Lisa J. Laplante, Erika George

Faculty Scholarship

Professor Lisa Laplante of New England Law | Boston’s Center for International Law and Policy (CILP) and Professor Erika George of the University of Utah S.J. Quinney College of Law’s Center for Global Justice respectfully submitted this collaborative commentary in response to the OECD’s Draft Due Diligence Guidance for Meaningful Stakeholder Engagement in the Extractives Sector which build off of the OECD Guidelines for Multinational Enterprises which offer comprehensive recommendations to promote responsible business conduct. The 2011 revisions to the OECD MNE Guidelines introduced an important new provision on stakeholder engagement. Pursuant to the provision, multinational enterprises should: “engage with …

Factors Associated With Inconsistent Condom Use Among Men Who Have Sex With Men In Cambodia, Siyan Yi, Sovannary Tuot, Pheak Chhoun, Khuondyla Pal, Khimuy Tith, Carinne M. Brody

Background: Compared to the general population, men who have sex with men (MSM) are at greater risk for HIV and less understood due to their more hidden and stigmatized nature. Moreover, the discrepancy in findings in the literature merits further investigations in MSM populations from different cultures and settings. We therefore conducted this study to explore factors associated with inconsistent condom use among high-risk MSM in Cambodia.

Methods: This cross-sectional study was conducted in 2014 among 367 MSM randomly selected from Battembang and Siem Reap using a two-stage cluster sampling method. A structured questionnaire was used for face-to-face interviews to …

Factors Associated With Recent Hiv Testing Among High-Risk Men Who Have Sex With Men: A Cross-Sectional Study In Cambodia, Siyan Yi, Sovannary Tuot, Pheak Chhoun, Carinne M. Brody, Khuondyla Pal, Sopheap Oum

Background: Despite remarkable success in the fight against HIV, HIV prevalence in many countries remains high among key populations including men who have sex with men (MSM), and HIV testing rates is relatively low among this hard-to-reach population. This cross-sectional study explores factors associated with recent HIV testing among MSM in Cambodia.

Methods: This study was conducted in 2014 and included 384 MSM randomly selected from two provinces of Battembang and Siem Reap, using a two-stage cluster sampling method. A structured questionnaire was used for face-to-face interviews to collect data on socio-demographic characteristics, HIV testing history, sexual behaviors, …

Obesity-Related Behaviors Among Poor Adolescents And Young Adults: Is Social Position Associated With Risk Behaviors?, Miranda Lucia Ritterman Weintraub, Lia C. Fernald, Elizabeth Goodman, Sylvia Guendelman, Nancy E. Adler

This cross-sectional study examines multiple dimensions of social position in relation to obesity-related behaviors in an adolescent and young adult population. In addition to using conventional measures of social position, including parental education and household expenditures, we explore the usefulness of three youth-specific measures of social position – community and society subjective social status and school dropout status. Data are taken from a 2004 house-to-house survey of urban households within the bottom 20th percentile of income distribution within seven states in Mexico. A total of 5,321 Mexican adolescents, aged 12–22 years, provided information on obesity-related behaviors (e.g., diet, physical activity, …

Social Behaviors Of Indiana Bats (Myotis Sodalis) At Day Roost Sites, Caroline M. Byrne

All-Inclusive List of Electronic Theses and Dissertations

Bats are highly social, but the study of bat social behavior was limited until recently due to technological limitations. Most of bat behavior is imperceptible to our senses, including both their use of ultrasound and their nocturnal activities. During the maternity seasons (May-August) of 2013 and 2014 near Plainfield, Indiana, we recorded Indiana bat (Myotis sodalis) roost site behaviors with emergence count observation, video (Sony Nightshot HandyCams and IR lights), and acoustic detectors (Pettersson D500X ultrasonic detectors). The objective of this study was to compile a catalog of observable and acoustic behaviors seen at M. sodalis day roost sites. We …

Let's Spread The Word About The Wisdom Of Transformative Learning, Sabra Brock

Graduate School of Business Publications and Research

The author argues for the discussion of the findings of transformative learning research in more mainstream platforms.

A Qualitative Analysis Of Graduate Sport Administration/Management Curricula Offered At Private And Public Institutions In Comparison To Cosma Requirements, Kristin E. Brown

All-Inclusive List of Electronic Theses and Dissertations

The evolution of sport and the factors that are influencing it, such as industry standards and external conditions, have challenged curricula in the area of sport. The number of sport administration/management programs has increased over the years to over 500 (North American Society for Sport Management, n.d.), which, in turn, has contributed to variation among higherEducation programs (Eagleman & McNary, 2010). Sport administration/management programs vary in core content, specializations,Educational philosophies, and ideologies (Eagleman & McNary, 2010; Jones, Brooks, & Mak, 2008). Ideologies underpinning the curricular structure are uncertain among graduate programs in sport administration/management. The information in this study was …

A Traves De La Experiencia: Son-Father Relationships In Mexican Migrant Farmworker Families As Seen By Sons, And Gatekeepers' Perspectives On The Families, Luis Romero

All-Inclusive List of Electronic Theses and Dissertations

In this qualitative study, I focus mainly on the perspectives of sons, regarding their interactions and relationships with their fathers. The participants were 10 adolescents of Mexican descent, ranging in age from 12 to 17 years and belonging to migrant/seasonal farmworker families in the Rio Grande Valley in South Texas and the Panhandle of North Florida. In addition, five gatekeepers who worked with this population added their perspectives on the lives of these migrant/seasonal farmworker families. Using the paradigm of constructivism and a qualitative approach, semi-structured interviews were conducted to collect data. Interviews were audio taped and transcribed verbatim. Data …

Examination Of Pre-Kindergarten Programming And Kindergarten Success In The State Of Indiana, Scott Allen Deetz

All-Inclusive List of Electronic Theses and Dissertations

The U.S. government appropriates billions of dollars each year to all states and territories in America through Head Start and Title I programs (Hurley, 2014). These monies are either solely dedicated to school readiness or can be used to narrow the readiness gap by the time the child is of school age. Even with this financial support, Indiana was still one of 10 states that did not contribute its own monies or provide guidance for implementing a statewide pre-kindergarten program (National Institute for EarlyEducation Research, 2014). Without governance at the state level, no certification requirements for program administrators or curricular …

Religious Social Support, Helping Behavior, And Negative Outcomes Following A Natural Disaster, Sadie Bindl

All-Inclusive List of Electronic Theses and Dissertations

Natural disasters have a widespread and enduring impact and are associated with a variety of negative consequences for individuals and families. The extensive impact of natural disasters, such as Hurricane Katrina, pose a significant threat to the physical and psychological well-being of those experiencing loss of resources associated with the disaster. Protective factors, such as religious social support and helping behaviors, have been shown to guard against negative outcomes of extreme traumatic stressors. However, existing theories, such as the Conservation of Resources Theory, suggest that individuals will attempt to conserve resources to avoid further losses, reducing the likelihood of helping …

Predictors Of Vulnerability To Body Image Disturbance, Jyoti A. Kolodziej

All-Inclusive List of Electronic Theses and Dissertations

More than 100 years of psychological research has demonstrated the importance of body esteem and the relationship between low body esteem and undesirable physical and mental health outcomes. Women and adolescent girls are more vulnerable than men and adolescent boys (Huenemann, Shapiro, Hampton, & Mitchell, 1966). In addition, Caucasians have been more prone to body image disorders (Brylinsky, 1990; Huenemann et al., 1966). Lastly, people with high exposure to Western medias thin ideals are more susceptible to low body esteem (Bell & Dittmar, 2011; Ferguson, Muñoz, Contreras, & Velasquez, 2011). For the purpose of this study, predictors of body esteem …

Teacher Involvement In Implementing State Personal Finance Mandates, Deanna Franklin

All-Inclusive List of Electronic Theses and Dissertations

This study examined strategies teachers are implementing for personal finance instruction in answer to the state financial-literacy mandates in Central Texas. One-on-one interviews, focus groups, and document analysis found that teachers are relying on personal experience, community resources, and Internet resources to instruct in personal finance in absence of personal finance curricula. No data emerged that school districts were providing resources; however, administrators are willing to provide resources if they were available. Teachers are using a variety of creative methods to enhance personal financial literacy in the classroom. Sporadic in-service/professional-development opportunities were available to train teachers in personal financial-literacy instruction; …

Maps For The Lost: A Collection Of Short Fiction And Human / Nature Ecotones: Climate Change And The Ecological Imagination: A Critical Essay, Susan Heather Greenhill

Theses: Doctorates and Masters

The thesis comprises a collection of short fiction, Maps for the Lost, and a critical essay, “Human / Nature Ecotones: Climate Change and the Ecological Imagination.” In ecological terms, areas of interaction between adjacent ecosystems are known as ecotones. Sites of relationship between biotic communities, they are charged with fertility and evolutionary possibility. While postcolonial scholarship is concerned with borders as points of cross-cultural contact, ecocritical thought focuses upon the ecotone that occurs at the interface between human and non-human nature.

In their occupation of the liminal zones between human and natural realms, the characters and narratives of Maps …

The Canadian Healthy Infant Longitudinal Development (Child) Birth Cohort Study: Assessment Of Environmental Exposures, Tim K. Takaro, James A. Scott, Ryan W. Allen, Sonia S. Anand, Allan B. Becker, A. Dean Befus, Michael Brauer, Joanne Duncan, Diana L. Lefebvre, Wendy Lou, Piush J. Mandhane, Kathleen E. Mclean, Gregory Miller, Hind Sbihi, Huan Shu, Padmaja Subbarao, Stuart E. Turvey, Amanda J. Wheeler, Leilei Zeng, Malcolm R. Sears, Jeffrey R. Brook

Research outputs 2014 to 2021

The Canadian Healthy Infant Longitudinal Development birth cohort was designed to elucidate interactions between environment and genetics underlying development of asthma and allergy. Over 3600 pregnant mothers were recruited from the general population in four provinces with diverse environments. The child is followed to age 5 years, with prospective characterization of diverse exposures during this critical period. Key exposure domains include indoor and outdoor air pollutants, inhalation, ingestion and dermal uptake of chemicals, mold, dampness, biological allergens, pets and pests, housing structure, and living behavior, together with infections, nutrition, psychosocial environment, and medications. Assessments of early life exposures are focused …

Boundaries Of Governance: Social Responsibility In Mining In Western Australia, Gemma L. Broderick

Theses: Doctorates and Masters

This research investigated the boundaries of governance of social responsibility in three multinational mining organisations based in Perth, Western Australia. The mining industry has economic, environmental and social impacts, both positive and negative. While most of the attention of the media and supporters in government seems to focus on the positive impacts, a growing concern regarding the social implications of mining is clearly evident in public discourse and the academic literature. In response to public concern, the mining industry has adopted terms such as ‘sustainability’, ‘sustainable development’, ‘social licence to operate’ and ‘social responsibility’. Such phrases are widely used in …

Electrical Resistivity Of Sandy Soil With Water, Leachates And Seawater, Lopa Mudra Pandey

Theses: Doctorates and Masters

Liners are used in the engineered containment systems such as landfills for controlling the migration of contaminants. Although there are several techniques for detecting the leakages through the liners, use of the electrical resistivity method can assist in timely detection of contaminant migration in cost-effective manner. This method is based on the well-established fact that the electrical resistivity of soils and other geomaterials is much higher than the electrical resistivity of water, leachates or any liquid effluents which may permeate the landfill foundation material. Additionally, the geotechnical properties of a soil exhibit a close relationship with its electrical resistivity values …

Educative Curricula And Improving The Science Pck Of Teachers In Middle School Settings In Rural And Remote Australia, Arthur Townsend

Theses: Doctorates and Masters

Science is one of seven-mandated Key Learning Areas (KLAs) Foundation to Year 10 of the new Australian National Curriculum (ACARA, 2012). Not only, therefore, is science to be offered in every school as part of the curriculum, there is also the expectation that science is to be taught well to all students regardless of location, gender, cultural background or socio-economic status (ACARA, 2012). Studying science provides benefits to individuals by developing their scientific literacy skills (Goodrum, Hackling & Rennie, 2001; Hackling & Prain, 2008). Its study also benefits the national economy by equipping students with the innovative, inventive, and creative …

Using Collaborative Review To Deepen Conceptual Engagement?, Jude Elund, Lelia Green, Carmen Guinery

Research outputs 2014 to 2021

In December 2013 the Design Research Institute at RMIT University, and CREATEC at Edith Cowan University, collaborated in a Symposium addressing the topic of ‘Digital interventions in everyday creativity’. Partly sponsored by the ARC Centre of Excellence for Creative Industries and Innovation, this Symposium was one of a Digital Interventions series organised by Professor Sarah Pink of RMIT. The Call for Papers noted that the symposium was to examine “how digital media are implicated in processes of change, [… interrogating] how people engage digital media in creative practices that intervene in their own and others’ lives, the intentionalities through which …

Towards An Online Ethnography Of Children's Virtual Worlds: A Review Of Current Literature And Research Methods, Ashley Donkin, Donell Holloway, Lelia Green

Research outputs 2014 to 2021

The research around children’s use of the Internet has focused on some of the benefits and risks of online play, as well as the digital skills children require to use the Internet safely, particularly virtual worlds. These benefits, risks and digital skills have been examined in European studies, but minimal research attention has been given to young Australian children’s use of virtual worlds. Virtual worlds are simulated environments embedded with social network functions, which allow young children to explore and experiment with identity formation, interactive play and social networking. These Web sites for young children have become increasingly popular. Young …

Digitods: Toddlers, Touch Screens And Australian Family Life, Donell J. Holloway, Lelia Green, Kylie J. Stevenson

Research outputs 2014 to 2021

Children are beginning to use digital technologies at younger and younger ages. The emerging trend of very young children (babies, toddlers and pre-schoolers) using Internet connected devices, especially touch screen tablets and smartphones, has elicited polarising opinions from early childhood experts.At present there is little actual research about the risks or benefits of tablet and smartphone use by very young children. Current usage recommendations, based on research into passive television watching which claims that screen time is detrimental, is in conflict with advice from education experts and app developers who commend interactive screen time as engaging and educational.

Learning As It Goes Down The Line: Siblings And Family Networked In The Acquisition Of Online Skills, Kylie J. Stevenson, Lelia Green, Leslie Haddon

Research outputs 2014 to 2021

The Parents and Peers project set out to investigate key influences of peers and parents on the online experiences of young people aged 13 - 17. Specifically, the project sought to explore the family constructions of learning, support and management systems that operate in the informal context of the domestic space of the family home (Silverstone & Haddon 1996). It became apparent through interviewing several sets of older siblings that there was benefit in interviewing a wider age range of siblings who were engaged in online activity within individual families. Therefore, the interview participants’ age range was extended to age …

Development And Validation Of Australian Aphasia Rehabilitation Best Practice Statements Using The Rand/Ucla Appropriateness Method, Emma Power, Emma Thomas, Linda Worrall, Miranda Rose, Leanne Togher, Lyndsey Nickels, Deborah J. Hersh, Erin Godecke, Robyn O'Halloran, Sue Lamont, Claire O'Connor, Kim Clarke

Research outputs 2014 to 2021

Objectives: To develop and validate a national set of best practice statements for use in post-stroke aphasia rehabilitation.

Design: Literature review and statement validation using the RAND/UCLA Appropriateness Method (RAM).

Participants: A national Community of Practice of over 250 speech pathologists, researchers, consumers and policymakers developed a framework consisting of eight areas of care in aphasia rehabilitation. This framework provided the structure for the development of a care pathway containing aphasia rehabilitation best practice statements. Nine speech pathologists with expertise in aphasia rehabilitation participated in two rounds of RAND/UCLA appropriateness ratings of the statements. Panellists consisted of researchers, service managers, …

Designing For Communities In Bushfire-Prone Situations: Redesigning The Firewatch Website Interface, Paul William Haimes

Theses: Doctorates and Masters

This research describes the redesign of Landgate’s FireWatch service – a web-based map application that uses data derived from satellites to provide near real-time bushfire information. FireWatch was originally built for emergency services personnel, but recent Australian state government inquiries have called for individuals, households and communities to have independent access to bushfire information. Therefore, it was necessary to redesign FireWatch with a new remote community-based audience in mind. The thesis describes multiple iterations of a user-centred action research design process that resulted in a publicly accessible web application known as MyFireWatch. Due to delayed access to actual community–based users, …

Do Water Buffalo Facilitate Dispersal Of Invasive Alien Tree Species Acacia Nilotica In Bekol Savanna Baluran National Park?, Sutomo

Research outputs 2014 to 2021

Invasion of Acacia nilotica in Baluran National Park, East Java Province, Indonesia, has caused significant loss to savanna cover which is the main natural feature of the park. This study aimed to describe whether water buffalo may play a role in the dispersal of Acacia nilotica seed in Bekol Savanna usinganalysis of buffalo stools/scats, observations and seed experiments. In total there were 30 plots set up around the Bekol Savanna to collect buffalo stools. In addition,A. nilotica pods matured from its trees were collected, as controls. Germination tests were conducted on seeds that were extracted from the collected stools …