Digital Commons Network^™

Balancing Free Speech, Alexander Tsesis

Faculty Publications & Other Works

This article develops a theory for balancing free speech against other express and implied constitutional, statutory, and doctrinal values. It posits that free speech considerations should be connected to the underlying purpose of constitutional governance. When deciding difficult cases involving competing rights, judges should examine (1) whether unencumbered expression is likely to cause constitutional, statutory, or common law harms; (2) whether the restricted expression has been historically or traditionally protected; (3) whether a government policy designed to benefit the general welfare weighs in favor of the regulation; (4) the fit between the disputed speech regulation and the public end; and …

Bending The Curve: Reflections On A Decade Of Illinois Juvenile Justice Reform, Diane C. Geraghty

Faculty Publications & Other Works

No abstract provided.

Ip Litigation In United States District Courts: 1994 To 2014, Matthew Sag

Faculty Publications & Other Works

This Article undertakes a broad-based empirical review of intellectual property (“IP”) litigation in U.S. federal district courts from 1994 to 2014. Unlike the prior literature, this study analyzes federal copyright, patent, and trademark litigation trends as a unified whole. It undertakes a systematic analysis of the records of more than 190,000 cases filed in federal courts and examines the subject matter, geographical, and temporal variation within federal IP litigation over the last two decades.

This Article analyzes changes in the distribution of IP litigation over time and their regional distribution. The key findings of this Article stem from an attempt …

Informed Consent As Compelled Professional Speech: Fictions, Facts, And Open Questions, Nadia N. Sawicki

Faculty Publications & Other Works

No abstract provided.

Studies Of The Effectiveness Of Bisphosphonate And Vanadium-Bisphosphonate Compounds In Vitro Against Axenic Leishmania Tarentolae, Amy Christensen, Craig C. Mclauchlan, Anne Dolbecq, Pierre Mialane, Marjorie A. Jones

Faculty Publications – Chemistry

Leishmaniasis is a disease that is a significant problem for people, especially in tropical regions of the world. Current drug therapies to treat the disease are expensive, not very effective, and/or of significant side effects. A series of alkyl bisphosphonate compounds and one amino bisphosphonate compound, as well as alendronate and zoledronate, were tested as potential agents against Leishmania tarentolae. Also, two polyoxometalates (POMs) with nitrogen-containing bisphosphonate ligands, vanadium/alendronate (V5(Ale)2) and vanadium/zoledronate (V3(Zol)3), were tested against L. tarentolae and compared to the results of the alendronate and zoledronate ligands alone. Of the compounds evaluated in this study, the V5(Ale)2 …

Cumulative Effects Of Concussions On Auditory Processing, Tyler Q. Henry

Honors Capstones

The current study aimed to investigate the cumulative effects of concussions on auditory processing and other higher-level cognitive processes in a preliminary trial hoping to inform future research in which a larger sample can be obtained. A quasi-experimental design was used; participants were divided based on whether they had a history of concussion. Participants were measured on one auditory task and two verbal tests over the course of three trials during a semester. The non-concussion group showed performance improvements for each subtest within the Color-word interference test, whereas performance for the participant with concussion (P1) stayed the same or had …

J.R.R. Tolkien: The Founder Of Modern Day Fantasy World Building, Shayne A. Dwyer

Honors Capstones

This paper explores why J. R. R. Tolkien’s works have proven so influential on modern fantasy authors through analyzing one critical, and understudied, component of his works. Among the most beloved twentieth century novels, his works have become a benchmark for measuring excellence in fantasy literature. However, there is little criticism that actually explores the reasons for his impact on the fantasy genre as most critical conversations generally focus on the contexts for his writing. I will explore one of the reasons why his works have been so influential. Epic and High fantasy worlds all partake in world building, but …

Young Adult Literature In The Classroom: What It Is And Why It Should Be There, Cady E. Wakitsch

Honors Capstones

With the recent debate in Common Core Standards, American teachers, students, and parents have argued over what should be taught in public classrooms. English classroom Common Core Standards focus on the students' reading, writing, listening, and speaking skills. Some believe that students should only read "classic literature" to develop skills in these four areas. However, I believe that Young Adult Literature (YAL) has the same literary merit as classic literature, and should be integrated into middle school and high school curricula. The first half of the paper argues all of the reasons why YAL has merit, and the second half …

Saving The Serengeti: Africa's New International Judicial Environmentalism, James T. Gathii

Faculty Publications & Other Works

This Article analyzes recent environmental law decisions of Africa's fledgling international courts. In 2014, for example, the East African Court of Justice stopped the government of Tanzania from building a road across Serengeti National Park because of its potential adverse environmental impacts. Decisions like these have inaugurated a new era of enhanced environmental judicial protection in Africa. This expansion into environmental law decision-making by Africa's international trade courts contrasts with other international courts that are designed to specialize on one issue area such as human rights or international trade, but not both. By contrast, Africa's international courts are simultaneously pushing …

Community, Autonomy, And The Paradox Of Public Engagement, Bernard Mayer

Mitchell Hamline Law Review

No abstract provided.

From Conflict To Community: The Contribution Of Circle Process In Moving From Dysfunction And Polarization To Dialogue And Understanding In Direct Public Engagement In Local Government Decision-Making, Howard J. Vogel

Mitchell Hamline Law Review

No abstract provided.

Cultivating Courageous Communities Through The Practice And Power Of Dialogue, Robert R. Stains

Mitchell Hamline Law Review

No abstract provided.

Criminal Law: Your Body Is Not Your Temple—State V. Bernard, Adrian S. Lafavor-Montez

Mitchell Hamline Law Review

No abstract provided.

Nonmoral Theoretical Disagreement In Law, Alani Golanski

Mitchell Hamline Law Review

No abstract provided.

Property Law: The Crossroads Of Capacity And Livability: A Green Light To Neighborhood Opposition As A Factual Basis For Denying Conditional Use Permits—Rdnt, Llc V. City Of Bloomington, Diane B. Galatowitsch

Mitchell Hamline Law Review

No abstract provided.

Constitutional Law: Hey, That's My Trash! Warrantless Searches Of Garbage Under The Minnesota Constitution—State V. Mcmurray, Lauren M. Hoglund

Mitchell Hamline Law Review

No abstract provided.

Reduction Of Fecal Coliform Bacteria Through The Elimination Of Sewage Discharges In West Virginia Streams, Kady Rogers

Theses and Dissertations--Public Health (M.P.H. & Dr.P.H.)

Background and Objectives

Early environmental regulations such as the Federal Water Pollution Control Act of 1948, and the 1972 amendments—which would later become known as the Clean Water Act—have improved the quality of the drinking and recreational waters here in the United States. This has been achieved as a result of strict regulations on discharges, proper management strategies, as well as thorough sampling and testing for contaminants. One such contaminant is fecal waste; these materials are a public health concern because of the potential risk of gastrointestinal diseases. Scientists have used fecal coliforms as an indicator of the presence of …

Characterizing Health Risks In Privately-Supplied Drinking Water Due To Agricultural Practices In Rural Western Kentucky, Karen Schroeder Card

Theses and Dissertations--Public Health (M.P.H. & Dr.P.H.)

At least 400,000 people in Kentucky rely on private water wells or springs for drinking water. 551 households that rely on private water wells for drinking water were surveyed in 2009 about adverse health outcomes, including selected cancer incidence, adverse birth outcomes, and yearly incidence of diarrheal illness. Survey recipients were drawn from a population of well owners in the Jackson Purchase Region of Kentucky whose wells were tested for nitrate-nitrogen (NO3-N), triazine pesticides, and E. coli or total coliforms, by Kentucky Geologic Survey within the previous 15 years. 214 questionnaires were returned and matched to water quality data for …

Model Lessons Geography Of Southern Iberia Institute - Portugal And Spain, Jack Davis, Jeff Salvati, Tabitha M. Richards, Denise Harrington, Jordan Kasler, Amanda Mattei, Heidi Wilson, Luke Ovgard, Karen Kraemer

Instructional Materials

Model Lessons Geography of Southern Iberia Institute - Portugal and Spain to use with The Student Atlas of Oregon.

Embodied Creative Arts Therapy Interventions With Trauma: A Qualitative Study, Brian Timothy Harris

Expressive Therapies Dissertations

With the primary purpose to extend therapists’ knowledge base, open dialogue on treatment efficacy, and stimulate creative yet effective interventions, this two-phase qualitative study pursued the guiding research question, How do creative arts therapists use embodied interventions in the treatment of psychological trauma? Phase One of the study was conducted with music therapists who had extensive experience with trauma and reported on their experiences with and awareness of embodied trauma treatment through a broad spectrum of creative modalities. Phase Two was grounded in theories of body awareness and creative arts therapy applications and included therapists specializing in music, dance/movement, art, …

Exploring Meteorology Education In Community College: Lecture-Based Instruction And Dialogue-Based Group Learning, Jason Paul Finley

Educational Studies Dissertations

This study examined the impact of dialogue-based group instruction on student learning and engagement in community college meteorology education. A quasi-experimental design was used to compare lecture-based instruction with dialogue-based group instruction during two class sessions at one community college in southern California. Pre- and post-tests were used to measure learning and interest, while surveys were conducted two days after the learning events to assess engagement, perceived learning, and application of content. The results indicated that the dialogue-based group instruction was more successful in helping students learn than the lecture-based instruction. Each question that assessed learning had a higher score …

Performance Practice Of Real-Time Notation, Seth Shafer

Music Faculty Publications

This paper addresses the performance practice issues encountered when the notation of a work loosens its bounds in the world of the fixed and knowable, and explores the realms of chance, spontaneity, and interactivity. Some of these performance practice issues include the problem of rehearsal, the problem of ensemble synchronization, the extreme limits of sight-reading, strategies for dealing with failure in performance, new freedoms for the performer and composer, and new opportunities offered by the ephemerality and multiplicity of real-time notation.

Unmc Website: Iacuc Education And Training, University Of Nebraska Medical Center Institutional Animal Care And Use Committee

Business/Finance/Operations

University of Nebraska Medical Center, Academic Affairs, Institutional Animal Care and Use Committee (IACUC), Educational & Training

Uno Website: Orca - Compliance And Policies, Uno Office Of Research And Creative Activity University Of Nebraska At Omaha

Business/Finance/Operations

"UNO is committed to ensuring ethics, honesty, and integrity in the pursuit of our efforts in education, research, and outreach. The Office of Research and Creative Activity (ORCA) provides guidance, resources, and oversight to ensure that UNO and its project directors are in compliance with the regulations and policies that apply to UNO activities."

Post-Graduation Plans Survey 2016 (New Version), Uno Office Of Institutional Effectiveness

Graduation

Thanks for completing this post-graduation plans survey. The information you provide is used by UNO to report on student outcomes and to improve programs in support of students. The survey takes less approximately 5 minutes to complete. We do not publish or share names or individual responses. Data from the survey is used to produce summary information for internal and external planning and reporting, including telling current and future students what our graduates are doing upon completion of their degree.

Volunteer Program Assessment At The University Of Nebraska At Omaha: A Metropolitan University’S Collaboration With Rural And Spanish-Speaking Volunteers, Lisa Leahy Scherer, Victoria Graeve-Cunningham, Sheridan Trent, Stephanie Weddington, Adam Thurley, Kelly Prange, Joseph A. Allen

Psychology Faculty Publications

The Volunteer Program Assessment at UNO (VPA-UNO), a faculty-led student group, partners with nonprofit and governmental agencies to provide free assessments and consultations to enhance volunteer engagement, organizational commitment and retention. Three recent initiatives are discussed representing an intentional effort of a metropolitan university to extend love of place to love of state through outreach efforts to rural volunteers and to promote inclusivity to Spanish-speaking volunteers by translating the VPA assessment into Spanish.

Gene Changes May Minimize Masculinizing And Defeminizing Influences Of Exposure To Male Cotwins In Female Callitrichine Primates, Jeffrey A. French, Brett Frye, Jon Cavanaugh, Aaryn C. Mustoe, Lisa Rapaport, Jennifer Mickelberg

Psychology Faculty Publications

Background: Sexual differentiation in female mammals can be altered by the proximity of male littermates in utero, a phenomenon known as the intrauterine position effect (IUP). Among simian primates, callitrichines (marmosets and tamarins) are likely candidates for IUP, since they exhibit obligate dizygotic twinning and fetuses share extensive vascularization in utero. In this paper, we determined whether female reproductive parameters are altered by gestating with a male twin and evaluated changes in genes associated with anti-Müllerian and steroid hormones in twinning callitrichine primates.

Methods: We assessed the impact of gestation with male cotwins on reproductive performance and survivorship …

Unmc Website: Academic Affairs Iacuc, Unmc  Academic Affairs

Student Learning

University of Nebraska Medical Center, Academic Affairs, Institutional Animal Care and Use Committee (IACUC): The primary function of the IACUC is to assist our faculty, students and staff in upholding UNMC and UN O's determination to assure the finest care and most humane utilization of our laboratory animals. To this end, every research, testing and teaching project involving the use of a live vertebrate animal must be reviewed and approved by the IACUC prior to initiation.

Unmc Website: Academic Affairs Ibc, Unmc  Academic Affairs

Student Learning

University of Nebraska Medical Center, Academic Affairs, Institutional Biosafety Committee (IBC): The IBC has been charged by Federal law with the planning and implementation of the campus Biosafety Program with a purpose to ensure the health and safety of all personnel working with biohazardous agents. The IBC makes certain that research conducted at the Institution is in compliance with the NIH Guidelines for Research Involving Recombinant DNA Molecules and the Select Agent Rule, drafts campus biosafety policies and procedures, and reviews individual research proposals for biosafety concerns.

Unmc Website: Academic Affairs Irb, Unmc  Academic Affairs

Student Learning

University of Nebraska Medical Center, Academic Affairs, Institutional Review Board (IRB): In accordance with Health and Human Services Regulations for Protection of Human Subjects (45 CFR 46), an Institutional Review Board (IRB) composed of members from a variety of scientific disciplines and individuals from the community, assists investigators in the protection of the rights and welfare of human subjects.