Digital Commons Network^™

Justice Scalia's Bottom-Up Approach To Shaping The Law, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

Justice Antonin Scalia is among the most famous Supreme Court Justices in history. He is known for his originalism and conservative positions, as well as his witty and acerbic legal opinions. One of the reasons Justice Scalia's opinions are so memorable is his effective use of rhetorical devices, which convey colorful images and understandable ideas. One might expect that such powerful opinions would be effective in shaping the law, but Justice Scalia's judicial philosophy was often too conservative to persuade a majority of his fellow Justices on the Supreme Court. Further, his regular criticisms of his Supreme Court colleagues were …

A Rose By Any Other Name: How The United States Charges Its Service Members For Violating The Laws Of War, Chris Jenks

Faculty Journal Articles and Book Chapters

This chapter examines the US practice of not charging its service members with war crimes. The chapter briefly explains how the United States asserts criminal jurisdiction over its service members before turning to how the US military reports violations of the laws of war. It then sets out the US methodology for charging such violations as applied to its service members, and compares this methodology to that applied to those tried by military commissions. The chapter then discusses the varied meanings of the term ‘war crimes’ and the way in which the 1949 Geneva Conventions can provide a benchmark against …

Only A Pawn In The Game: Rethinking Induced Patent Infringement, W. Keith Robinson

Faculty Journal Articles and Book Chapters

A party that causes another to infringe a patent may be liable for induced infringement. Recently, the Supreme Court and the Federal Circuit have interpreted the inducement statute in a way that may be problematic. For example, in a suit for induced patent infringement a plaintiff must show that an accused party had specific intent to cause infringement. The defendant can rebut allegations of induced infringement by showing that he had a good faith belief that he did not infringe the patent. However, a defendant’s good faith belief that the patent is invalid is no longer a defense to inducement. …

Awarding Attorney Fees And Deterring 'Patent Trolls', W. Keith Robinson

Faculty Journal Articles and Book Chapters

A court may award attorney fees to a prevailing party in a patent trial under exceptional circumstances. Since 2005, courts had applied a rigid formula to determine whether a case was exceptional. In the summer of 2014, the Supreme Court rejected this rigid test. Instead, the Court held that an exceptional case is “simply one that stands out from others.” Finding a case exceptional, the Court said, was at the discretion of the district court and only reviewable on appeal for an abuse of discretion.

A little over a year later, one interesting question is: how do district courts now …

Expanding The Core: Pregnancy Discrimination Law As It Approaches Full Term, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

The advocates behind the Pregnancy Discrimination Act (PDA) of 1978 had one very specific mission: to override the Supreme Court’s 1976 decision in General Electric v. Gilbert, in which it had curiously held that pregnancy discrimination had nothing to do with gender and was thus not a form of actionable sex discrimination under Title VII of the Civil Rights Act of 1964. The Court was not acting on a blank slate; it had used the same reasoning two years earlier to hold, in Geduldig v. Aiello, that pregnancy discrimination was not sex discrimination for equal protection purposes and therefore was …

A Systems Theory Of Fragmentation And Harmonization, Anthony J. Colangelo

Faculty Journal Articles and Book Chapters

International law’s accelerating “fragmentation” presents the international legal system with what looks like a multilayered existential threat. Theoretically, how can we conceive of international law as a unitary system if its rules are becoming progressively frayed and pixilated to the point of incoherence? Doctrinally, what is “the law” if different, purportedly authoritative, bodies interpret it so differently? And practically, how are actors increasingly subject to the ever-expanding universe of international law supposed to behave when the law itself is so splintered that it may point them in many, perhaps contradictory, directions at once?

The prevailing view so far among international …

Should We Defuse The 'Tax Bomb' Facing Lawyers Who Are Enrolled In Income-Based Student Loan Repayment Plans?, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

Starting in 2033 first thousands and then later tens of thousands of mid-career lawyers who have previously incurred large student loan debts, and who unfortunately have been able to earn only relatively modest annual incomes in the 20 or 25 years following their law school graduation, will be subject each year to large cancellation of indebtedness-based federal and sometimes also state income tax obligations. These obligations will result because a large portion of the substantial student loan debts that have been incurred by many law school graduates will eventually be forgiven under one or another variant of the increasingly popular …

Modeling Older Driver Behavior On Freeway Merging Ramps, Lina Lwambagaza

UNF Graduate Theses and Dissertations

Merging from on-ramps to mainline traffic is one of the most challenging driving maneuvers on freeways. The challenges are further heightened for older drivers, as they are known to have longer perception-reaction times, larger acceptance gaps, and slower acceleration rates. In this research, VISSIM, a microscopic traffic simulation software, was used to evaluate the influence of the aging drivers on the operations of a typical diamond interchange. First, drivers were recorded on video cameras as they negotiated joining the mainline traffic from an on-ramp acceleration lane at two sites along I-75 in Southwest Florida. Several measures of effectiveness were collected …

Singaporean Mothers' Perception Of Their Three-Year-Old Child's Weight Status: A Cross-Sectional Study, Tuck Seng Cheng, Et Al., Yee-Man Ivy Lau

Research Collection School of Social Sciences

Objective: Inaccurate parental perception of their child's weight status is commonly reported in Western countries. It is unclear whether similar misperception exists in Asian populations. This study aimed to evaluate the ability of Singaporean mothers to accurately describe their three-year-old child's weight status verbally and visually.

Social Robot Tutoring For Child Second Language Learning, J Kennedy, P Baxter, E Senft, T Belpaeme

School of Engineering, Computing and Mathematics

No abstract provided.

Pending Of Orders At Medication Reconciliation, Ellen Prichard, Kristin Cannon, Dan Persells

Pharmacy and Pharmacology

Conclusion: Providers indicated greater benefit with admission rather than discharge orders pending. Ongoing assessment is warranted for system-wide implementation of admission pending for all providers and exploring a provider "opt-in" workflow for discharge pending.

Regulating Software When Everything Has Software, Paul Ohm, Blake Reid

Publications

This Article identifies a profound, ongoing shift in the modern administrative state: from the regulation of things to the regulation of code. This shift has and will continue to place previously isolated agencies in an increasing state of overlap, raising the likelihood of inconsistent regulations and putting seemingly disparate policy goals, like privacy, safety, environmental protection, and copyright enforcement, in tension. This Article explores this problem through a series of case studies and articulates a taxonomy of code regulations to help place hardware-turned-code rules in context. The Article considers the likely turf wars, regulatory thickets, and related dynamics that are …

An Exploratory Pilot Study Of Mechanisms Of Action Within Normative Feedback For Adult Drinkers, Alexis Kuerbis, Frederick J. Muench, Rufina Lee, Juan Pena, Lisa Hail

Publications and Research

Background. Normative feedback (NF), or receiving information about one's drinking compared to peer drinking norms, is one of the most widely used brief interventions for prevention and intervention for hazardous alcohol use. NF has demonstrated predominantly small but significant effect sizes for intention to change and other drinking related outcomes. Identifying mechanisms of action may improve the effectiveness of NF; however, few studies have examined NF's mechanisms of action, particularly among adults. Objective. This study is an exploratory analysis of two theorized mechanisms of NF: discrepancy (specifically, personal dissonance--the affective response to feedback) and belief in the accuracy of feedback. …

Fundamental Frequency Characteristics Of Modal And Vocal Fry Registers, Heidi Brubaker, Jason Albertson Whitfield Ph.D., Jane Schoonmaker Rodgers D.M.A.

Honors Projects

This study examined the distribution of fundamental frequencies in the connected speech of 14 healthy young adults. Acoustic analysis of fundamental frequency was performed on previously collected speech samples of a phonetically balanced reading passage. For the first three sentences of the reading passage, fundamental frequency contours were extracted using PRAAT, a speech analysis software package. The accuracy of these contours were visually verified and manually corrected when needed. The distribution of the fundamental frequency histories for each sample were then analyzed using Gaussian Mixture Model analyses in MATLAB. For most speakers, four statistical modes were identified in the data …

What Do The Numbers Really Mean? An Examination Of Learning Analytics Related To Online Courses And University Student Retention And Success, Austin Thomas Winger

Theses and Dissertations

University student retention and success are high priorities for colleges and universities. With the expansion of online learning, retention of students in online courses has become particularly important in modern higher education. The purpose of this study was to examine factors that affect university student retention and success, with particular consideration for students who have taken online courses during their undergraduate career. The guiding research question for this qualitative study was: “How do demographic, internal, and external factors affect the retention and success of undergraduate students who take online courses?” Learning analytics (predictive analytics in educational settings) attempt to predict …

Teachers Transform: Developing New Understandings And Competencies Following The Implementation Of The Common Core Writing Standards, Jennifer Wallender Wallender

Theses and Dissertations

The purpose of this qualitative case study was to understand how elementary teachers have transformed and developed new writing understandings and competencies following the implementation of the English Language Arts (ELA) Common Core State Standards (CCSS). This was done by understanding teachers’ perceptions and experiences, as well as how they have developed their understandings, with classroom writing. Participants were four elementary teachers from two public school districts in North Dakota—one single-school district and one multi-school district. Data were collected with interviews, observations, and artifacts throughout the school year. The data analysis was completed using the qualitative research program ATLAS.ti and …

The Social Validity Of Supportive Behaviors And Social Anxiety In Adolescence, Samantha Coyle

Graduate Research Theses & Dissertations

During adolescence, social relationships become increasingly important, as adolescents play a much larger role in the selection of their peers and make more of an effort to develop autonomy from the immediate family structure. Because the development of positive relationships has been linked to a variety of positive and negative outcomes, understanding the factors that may impede the development of these relationships is essential. Social anxiety has been linked to a number of significant impairments in the social functioning of adolescents, and while the literature surrounding social anxiety is vast, little research has examined the direct relationship between social support …

Glatt V. Fox Searchlight And The Rhetorical Value Of Inter-Circuit Dialogue, Stephen Smith

Faculty Publications

No abstract provided.

Mennonite College Of Nursing Annual Report, 2015-2016, Mennonite College Of Nursing

Annual Reports - Mennonite College of Nursing

Annual report of the Mennonite College of Nursing at Illinois State University

Mennonite College Of Nursing Annual Report, 2016-2017, Mennonite College Of Nursing

Annual Reports - Mennonite College of Nursing

Annual report of the Mennonite College of Nursing at Illinois State University

Wireless Communication Integrated Active Noise Control For Infant Incubators, Ajit Kolla

Graduate Research Theses & Dissertations

Noise problems have become more and more severe with an increase in use of medical equipment such as ventilators, oximeters, alarms, etc in Neonatal Intensive Care Unit (NICU). These have a severe impact on the physiological and behavioral state of the infants. The concept of a feedforward active noise control (ANC) system using the filtered-x least mean square (FxLMS) algorithm is applied to reduce the noise levels in NICU. In this thesis, various key variables related to the ANC sysrem for infant incubator are assessed in order to evaluate their effect on the performance of the system. The size of …

Three Essays On Democratic Capital And Per Capita Income, Raymond S.K. Attawia

Graduate Research Theses & Dissertations

The correlation between incomes and democracy is well documented, but the exact nature of the relationship and direction of causation, if any, is still being debated. The empirical conceptualization of democracy to include the accumulation over time of social and political infrastructure upon which economic policy is devised and implemented is a novel and promising approach. We present three essays that extend our understanding of the relationship between democracy, expressed as "democratic capital," and economic growth.

Avian Haemosporidian Parasites From The Brazilian Amazon, Jeffrey Andrew Bell

Theses and Dissertations

Birds possess the most diverse assemblage of haemosporidian parasites, including three genera, Plasmodium, Haemoproteus, and Leucocytozoon. Currently there are over 200 morphologically identified avian haemosporidian species, although the true diversity is unknown, due to high genetic diversity and insufficient sampling in highly diverse regions, such as the Neotropics. Brazil, specifically the Brazilian Amazon supports the world’s highest avian diversity and expected equally diverse yet undescribed community of avian haemosporidians. This study includes the largest sampling of avian haemosporidians in Brazil, and the first large scale survey of the Brazilian Amazon. A total of 4521 blood samples were collected from 447 …

Identification And Characterization Of A Putative Populus E3 Ring-H2 Ubiquitin Ligase That When Over-Expressed Is Correlated With Insect Resistance To Orgyia Leucostigma, Justin Burum

Theses and Dissertations

Insect herbivory is a major stress on plants that results in significant economic losses to forest plantations and natural forests. In response, Populus have evolved a suite of constitutive and inducible defenses to deter insect feeding. Despite advances in technologies and the sequencing of the Populus trichocarpa genome, defensive pathways against insect herbivores are poorly understood. With the creation of activation tagged (AT) Populus we can use a forward genetics approach to identify genes involved in insect resistance (IR). To explore the genetic architecture of tree defenses, we conducted a forward genetics screen of AT Populus tremula x Populus alba …

Science, Technology, Engineering, Math (Stem) In Higher Education From The Perspective Of Female Students: An Institutional Ethnography, Laura Parson

Theses and Dissertations

A persistent disadvantage for females is systemically embedded in Science, Technology, Engineering, and Math (STEM) education in postsecondary institutions. As a result, undergraduate women majoring in STEM fields face a uniquely difficult path; yet, for the most part, recommendations made and supported in the literature have focused on recruitment of women to STEM fields or on ways to make women more successful and comfortable in their STEM major. These recommendations have so far proved to be insufficient to remedy a gender gap and serve to replicate the existing male hierarchy. In order to truly make the STEM classroom one in …

Integration Of Multispectral Camera Systems For Enhanced Visualization Biological Studies Using Uas, Subin Shahukhal

Theses and Dissertations

The purpose of this research is to enhance visualization of warm-blooded animals and analyze the vegetation in which they are located using a camera system mounted on Unmanned Aircraft System (UAS). The results are coherently displayed in a single image at the same spatial location so that biologists will have accurate animal counts along with vegetation conditions. Application of aerial imagery has been used to analyze the vegetation health and determining the number of the animals by the wildlife service. However, a major obstacle of the research is to combine the two imaging systems to obtain the same spatial image …

A Comparative Analysis Of Associate And Baccalaureate Degree Respiratory Therapy Programs' Preparation Of Graduates For Entry Into The Profession, Christine Sperle

Theses and Dissertations

The purpose of this study was to increase the understanding of the factors that contribute to or detract from the educational preparation of graduates between associate (AD) and baccalaureate degree (BD) respiratory therapy programs through the use of graduate and employer survey ratings, Registered Respiratory Therapist (RRT) credentialing success, and document analysis of various institutional and program mission, course content, and goals.

This study employed quantitative analyses to compare the perceptions of AD graduates and their employers with the perceptions of BD graduates and their employers regarding the educational program’s ability to prepare graduates for entry into the profession. Graduate …

A Localized Autonomous Control Algorithm For Robots With Heterogeneous Capabilities In A Multi-Tier Architecture, Jeremy Straub

Theses and Dissertations

This dissertation makes two contributions to the use of the Blackboard Architecture for command. The use of boundary nodes for data abstraction is introduced and the use of a solver-based blackboard system with pruning is proposed. It also makes contributions advancing the engineering design process in the area of command system selection for heterogeneous robotic systems. It presents and analyzes data informing decision making between centralized and distributed command systems and also characterizes the efficacy of pruning across different experimental scenarios, demonstrating when it is effective or not. Finally, it demonstrates the operations of the system, raising the technology readiness …

Burnout, Autonomy, And Job Satisfaction In Full-Time Public Community College Faculty Members: A Regional Survey And Analysis, Justin W. Berry

Theses and Dissertations

The purpose of this study was to determine the perceived levels of burnout, autonomy, and job satisfaction in full-time public community college faculty members; it was also of interest to determine potential relationships between burnout, autonomy, job satisfaction, and demographic factors. Participants in this study were 146 full time faculty members from twelve public community colleges within Minnesota, North Dakota, and South Dakota. Measures in this study assessed perceived levels of burnout, autonomy, and job satisfaction. Independent samples t-tests and Pearson correlations were utilized to analyze data.

Results indicated that full-time public community college faculty members have moderate levels of …

The Evolution Of Institutional Mission In Social And Historical Contexts At The University Of North Dakota: 1883 – 2016, Stacey Leigh Borboa-Peterson

Theses and Dissertations

The University of North Dakota, a liberal arts institution founded in 1883, has a mission statement that speaks directly to present-day societal needs and norms. While staying true to its founding object, the mission has specific focus on science, technology, health and diversity. These areas speak directly to national and global economic and societal needs. In order for public institutions to secure funding, they have to respond to legislators and taxpayers; they must respond to current trends. This research looks at the University of North Dakota’s evolving mission, from founding in 1883, to present-day 2016. The research focuses on institutional …