Digital Commons Network^™

Patent Anticipation And Obviousness As Possession, Timothy R. Holbrook

Sturm College of Law: Faculty Scholarship

The concept of possession in property law operates to allocate property rights among competing claimants by awarding the property to the first to take possession. Possession in this context requires an act that communicates to third parties that someone has exercised dominion over the item. Patent law operates in similar ways. Inventors must disclose their invention in the patent document to memorialize what their creation is. This disclosure communicates to third parties the innovation over which the patent owner is asserting dominion. Patent law has similar first-in-time dynamics, awarding the patent among competing applicants to the first-to-invent under the 1952 …

The Patent Trial And Appeal Board’S Evolving Impact On Claim Construction, Timothy R. Holbrook

Sturm College of Law: Faculty Scholarship

This Article explores the potential impact the The Patent Trial and Appeal Board (PTAB) could have on broader claim construction doctrine. It starts by offering an overview of claim construction in the courts and in the USPTO. It then considers the potential unintended consequence of a particular Federal Circuit decision, Marine Polymer. Marine Polymer decided a seemingly narrow question: whether the defense of intervening rights could be triggered only by a narrowing amendment at the USPTO or whether a disclaimer of claim scope could also create intervening rights. The court decided the former such that disclaimers of claim scope, absent …

Beyond Embracing A Multicompetent Self: An Autoethnography Of A Nnest, Seullee Talia Lee

MA TESOL Collection

This article represents the identity transformation process of a non-native English- speaking teacher (hereafter NNEST) in the format of an autoethnography. Through the vignettes of the author, the evidence that English language plays a vital role as cultural capital (Bourdieu, 1991) in expanding circle countries (hereafter ECCs) (Kachru, 1985, 1986) such as South Korea (hereafter Korea) becomes apparent. Also, her narrative adds more credence to how the newly imagined identity options such as multicompetent self and English language teaching (hereafter ELT) professional have a tremendous constructive impact on the personal and professional development of NNESTs. Lastly, this study proposes the …

Hush... : The Dangers Of Silence In Academic Libraries, Jessica Schomberg, Kirsti Cole

Library Services Publications

This article critiques the idea that civility rhetoric decreases workplace bullying or discrimination. We use Critical Discourse Analysis (CDA) to do a rhetorical analysis of a campus-wide civility campaign in contrast with literature about civility in libraries. To combat discrimination and bullying, we need to be attentive to systemic power dynamics and to rhetoric designed to enforce compliance and conformity. We conclude with recommendations about how to raise our voices instead of silencing our peers.

Common Data Set 2015-2016, Clemson University

Common Data Sets

No abstract provided.

Stress Of Conscience: Concept Clarification, Muder Alkrisat, Manal Alatrash

Journal of Health Ethics

Workers in healthcare systems are predisposed to work-related stress based on moral factors. Stress results when nurses are exposed to ambiguous moral situations, or when they are prevented by hospitals or their employees from doing what they ought to do. Such experiences have been described as stress of conscience because they give rise to a troubled conscience. Empirical studies indicate that health care employees, including nurses, sometimes refer to stress of conscience when faced with ethically difficult situations related to patient care.

When The Next Big War Blows Down The Valley: Selected & New Poems, Lisa Fay Coutley

Birmingham Poetry Review

pp. 200-204

Science As A Second Language: Analysis Of Emergent Bilingual Performance And The Impact Of English Language Proficiency And First Language Characteristics On The Colorado Measures Of Academic Success For Science, Joanna Kristine Bruno

Electronic Theses and Dissertations

In an age when communication is highly important and states across the nation, including Colorado, have adopted Common Core State Standards, the need for academic language is even more important than ever. The language of science has been compared to a second language in that it uses specific discourse patterns, semantic rules, and a very specific vocabulary. There is a need for educators to better understand how language impacts academic achievement, specifically concerning Emergent Bilinguals (EBs). Research has identified the need to study the role language plays in content assessments and the impact they have on EBs performance (Abedi, 2008b; …

The Entanglement Of Anzaldúan Materiality As Bodily Knowing: Matter, Meaning, And Interrelatedness, Robyn Henderson-Espinoza

Electronic Theses and Dissertations

This project weaves together the theoretically rich and diverse work of ancient materialist philosophers, modern philosophy which advanced a theory of monism, and contemporary philosophies that further extends monism into new terrain, including 'new materialism.' While monism is a strand of this project, the core features of this project are materiality and bodies; these two concepts create the particular entanglement and central thrust of this project, which is becoming. While this project is conceptually organized around matter and bodies, and a particular notion of becoming traced from ancient through contemporary thought, this project, also, introduces the importance of Gloria Anzaldúa …

An Introduction To The Psychedelic Pastoral: Tracing Mind-Altering Plant Life Into The Modern Industrialized West, Amy Nicole Buck

Electronic Theses and Dissertations

My Masters thesis offers literary pastoralism as a viable entry into the conversation on psychedelic plants and their use in mind-alteration by the industrialized West. I will, first, establish that the ancient pastoral tradition can be related to the existence of psychedelic plants, and that the use of such plants has inspired a deeper communion with various levels of the natural world. Next, my analysis focuses on parallels between pastoral literature and accounts of psychedelic hallucinations, which are often comprised of ultra-pastoral visions of landscapes, arabesques, and even cosmic space. These similarities suggest that psychedelic plants initiate a peculiar and …

Same Same But Different: The Self-Portraiture Of A Vietnam War Adoptee And The Poststructural Language Of Alterity, Joie Norby Lê

Electronic Theses and Dissertations

This study examines the journey of a Vietnam War adoptee and the multitude of experiences that influenced her alterity. Through the development of a poststructuralist conceptual framework, the author reveals a philosophy of difference realized by philosophers such as Michel Foucault, Gilles Deleuze, Jean-François Lyotard, and Jacques Derrida. Using the method of self-portraiture, the author illustrates how this philosophy of difference was shaped as a result of her experiences and how those experiences have informed her engagement or disengagement throughout her K-12 and post-secondary education, her work as a student, and her beliefs as an educator. The study focuses upon …

How The Greek Press Constructed The "Greek Economic Crisis", Maria Elena Kuntz

Electronic Theses and Dissertations

Since 2008, there has been a surge of interest in and research on the relationship between news media and economic reporting, particularly as it concerns financial crises. The 2008 U.S. subprime mortgage crisis, quickly followed by the economic crisis that began to unfold in Greece in 2009, spurred researchers to examine how newspapers around the world report on the complex, globalized economy. In the pursuit of understanding transnational economic processes, publics rely on news media to provide information about the meaning of economic events, especially crises. As such, newspapers are key players in constructing the narratives of crises.

This study …

Phenomenology And Blindness: Merleau-Ponty, Levinas, And An Alternative Metaphysical Vision, Jesse Younger Workman

Electronic Theses and Dissertations

This project addresses the problem of an "ocularcentric" bias in philosophy, with a focus on phenomenological and continental thought. Being a blind phenomenologist, I noticed an ocularcentric tendency dominating philosophers' perspectives, including their arguments, use of metaphors, and choices of examples. As a blind reader I found that such ocularcentrism prevented me from understanding their claims. This made me wonder whether ocularcentric biases might be leading them to unbalanced or invalid arguments and world-views. The questions raised are: Can there be philosophy that is not reliant on vision above all other senses? Is it possible for philosophy to not be …

Continuity And Contradistinction: A Geography Of Religion Study Of The Ancient Near Eastern Storm-God Baal-Hadad, Jewish Elijah, Christian St. George, And Muslim Al-Khiḍr In The Eastern Mediterranean, Erica Ferg Muhaisen

Electronic Theses and Dissertations

For at least the past 800 years in the Eastern Mediterranean, communities of Muslims, Christians, and Jews have venerated three important figures: Christian St. George, Muslim al-Khiḍr, and Jewish Elijah. This is paradoxical, considering that common wisdom, and even religious studies discourse, suggests that Muslims, Christians, and Jews are distinct and separate, and particularly in the contentious Levant. Moreover, the figures there also share 'peculiar' characteristics: associations with rain, greenness, and fertility. One past study of this phenomenon argued that the figures' similarities arose from the fact that they were each a continuation of an important earlier regional religious figure: …

Identifying Spiritual Themes In Narratives Of Young Adults Who Have Aged Out Of Foster Care: A Qualitative Study, Kerri Jane Tokarski

Electronic Theses and Dissertations

Each year up to thirty thousand young adults age out of foster care in the United States. Historically research has focused on more tangible issues for this population (e.g., employment, education, etc.). Recent research addresses more intangible issues (e.g., quality of their relationships, resilience, etc.). This study reviews and then furthers such research by doing qualitative research to conduct nine loosely structured interviews with young adults who aged out of foster care to (1) discern if and how they made meaning of their experiences and (2) identify if there are spiritual themes within those narratives. This project used a qualitative …

What The Children Are Reading: A Content Analysis Of Minority Male Characters In Preschool Children's Libraries, Joan Katrina Mann-Boykin

Electronic Theses and Dissertations

Many early childhood classroom environments have a library area, which has picture books for the children to explore and enjoy, and some early childhood classrooms put tubs or baskets of a few picture books in every center in the classroom. In addition to inspiring a love of reading and providing hours of enjoyment, children's literature serves emotional, social, intellectual, linguistic and literary purposes (Temple, Martinez, Yokota & Naylor, 2002). A primary goal in early childhood programs is to welcome and embrace the diversity of children and families in today's multicultural society (Brinson, 2012) and children's books provide a wonderful way …

Indigenous Curation At The Denver Museum Of Nature And Science, Julia Marie Strunk

Electronic Theses and Dissertations

This thesis explores the questions of how and why indigenous curation is incorporated into collections care and management for American Indian sacred, ceremonial, and religious items at the Denver Museum of Nature and Science (DMNS) through the examination of staff discourse. This thesis also discusses the importance of incorporating non-Western ontologies and epistemologies into classically Western science and natural history museums, and how this helps reconcile differing collections care and management practices. Through the presentation and examination of data and literature, I argue that it is important to include indigenous curation in museums because it aids in cultural revitalization and …

The Impact Of Philanthropy, Jonathan F. Denzler

Electronic Theses and Dissertations

Forwarding a narrative framework of philanthropic impact this thesis problematizes the evaluation methods used by social engagement organizations to measure the impact or change that they are contributing to in a community. By focusing on the example of food access, and the corresponding language of the "food desert", this project locates the power to control the framing of social issues in the hands of funders as opposed to those who experience the real life effects of living in poverty or resource-poor communities. This process then lets the philanthropists set a goal and meet that goal without ever truly communicating or …

Interpreting The Intangible: Challenges To The Display Of Dance Objects In Museums, Kathryn Louise Brundige Grossman

Electronic Theses and Dissertations

This thesis analyzes Indigenous and non-Western dance objects in museums, examining the role of theory from material culture studies, critical museology and museum education on approaches to their interpretation and display. To explore this topic, I conducted a comparative analysis of Indigenous and non-Western dance object displays at four museums - Denver Art Museum, Denver Museum of Nature and Science, the Thomas Gilcrease Institute of American History and Art in Tulsa, Oklahoma and the Sam Noble Museum of Natural History in Norman, Oklahoma - investigating the use of Native voice, reflexive analysis and multisensory elements in the exhibits' organization, narrative …

Professional Development And The Impact On Teacher Growth And Development, Sherry Kathleen Segura

Electronic Theses and Dissertations

This study involved examining the beliefs of teachers at one urban elementary school regarding how professional development has helped them meet the needs of culturally and linguistically diverse students. This study included a series of in-depth interviews with three teacher leaders. The goal was to obtain consent from them to participate in this study at their school. With a qualitative approach, this study included a narrative inquiry method to illuminate teachers' perceptions of whether professional development had a positive impact on their instruction. A series of in-depth one-on-one interviews further shed insight on which types of professional development teachers felt …

Peter Brown. The Ransom Of The Soul: Afterlife And Wealth In Early Western Christianity. Cambridge, Ma: Harvard University Press, 2015., Daniel Becerra

Studies in the Bible and Antiquity

In The Ransom of the Soul, Peter Brown explores how early Christians conceptualized the relationship between wealth and the afterlife. He limits his study primarily to the writings of Christian authors living in the Latin West between 250 and 650 ce and traces the evolution of the idea that “heaven and earth could be joined by money” in such a way as to affect the fate of souls after death (p. ix). Brown situates these developing discourses within their socioeconomic context and asks, How, when, and why did variations occur? How long did they take? And to what extent do …

Journal Of The Book Of Mormon And Other Restoration Scripture Volume 25, Neal A. Maxwell Institute For Religious Scholarship

Journal of Book of Mormon Studies

No abstract provided.

Cultural Perspectives On Ingroups Versus Outgroups And Shame Experiences, Bai Lin, Bee Chin Ng

Papers from the International Association for Cross-Cultural Psychology Conferences

The concept of self varies across cultures: in some cultures, individuals tend to see themselves as interdependent on others, and clear distinction is made between in-groups and out-groups because in-group members are seen as part of the “BIG SELF”. In other cultures individuals see themselves as independent and autonomous and have a less salient boundary between in-groups and out-groups. Little empirical work has been done on how such different cultural perspectives on in-groups, versus out-groups, shape emotional experiences. Although emotions are always internally experienced, these experiences often involve interpersonal and social interactions, and therefore how we think of ourselves in …

Acculturation Orientations Towards ‘Valued’ And ‘Devalued’ Immigrants In South Korea, Pascal Tisserant, Anne-Lorraine Wagner, Jaegon Jung, Richard Y. Bourhis

Papers from the International Association for Cross-Cultural Psychology Conferences

This study, based on the Interactive Acculturation Model, investigates the acculturation orientations of undergraduates (n=279) in South Korea. Results show that Korean respondents considered South-East Asian immigrants to be less valued than Western immigrants. They were more welcoming towards ‘valued’ Western immigrants than they were towards ‘devalued’ South-East Asian immigrants. As in the case of undergraduates in North America & Europe, Korean undergraduates mainly endorsed integration and individualism towards both Western and South-East Asian immigrants, but they also strongly endorsed the segregationist orientations towards both ‘valued’ and ‘devalued’ immigrants reflecting the still contentious view of Korea as an immigration country.

South Dakota State University Graduate Catalog 2016-2017, South Dakota State University

South Dakota State University Catalogs and Bulletins: 1935 to present

No abstract provided.

Narratives Of Biculturalism: Arab-American Identity Negotiation Post-9/11, Janan Shouhayib

Psychology Honors Papers

The process of identity negotiation for bicultural individuals is ongoing and psychologically challenging. Arab-Americans in particular must deal with this process in a contentious environment where the Arab World is demonized and “Othered,” especially after 9/11. This project was an exploration of the identity development of Arab-American youth in a post-9/11 context. Background research for this study included a review of identity theory from Erik Erikson to postmodern thinkers, as well as the immigration patterns and historical-political context of Arab-Americans. Participants included 14 Arab-Americans from seven Arabic-speaking countries, five of whom were men and nine of whom were women, from …

Somos Y Estamos, 2016, Department Of Spanish

Somos y Estamos

Samos y Estamos 2016 Year in Review contents:

• Study Abroad Program in Buenos Aires
• Study Abroad Program in Quito
• Study Abroad Program in Santander
• Study Abroad Program in Burgos
• Spanish with Internship or Service Learning
• College of Arts and Sciences Awards:
• Professor Michael Braun, 2015-16 CAS Faculty Achievement Award in Teaching
• Hedy Habra and Lis Torres, 2015-16 CAS Part-time Instructor Excellence in Teaching
• Department News:
• Dr. Kristina Wirtz Joins the Department, 2016 CAS Faculty Achievement Award in Teaching
• News from Dr. Bob Felkel
• Dr. Natalio Ohanna Pens the First Scholarly Edition of Los cautivos de Argel, by Lope de Vega …

Teachers’ Perceptions About Math Snacks Spanish Materials, Sara Morales, Lida J. Uribe-Flórez, Karen Trujillo, Karin Wiburg

Educational Technology Faculty Publications and Presentations

Mathematics has been a gatekeeper especially for diverse students (Martin, Gholson & Leonard, 2010). The implications of an increasingly diverse school population calls for the development of culturally and linguistically responsive materials, including support materials for mathematics in Spanish. Teachers of mathematics in the United States have limited resources available to them in Spanish to support bridging mathematics content and practices for English Learners (Moschkovich, 2013). The CCSS-M requires deep conceptual understanding in order for students to be successful in their formal K-12 education. Students, whose home language is other than English, need support and opportunities to success in mathematics …

Libraries And Hispanic Students: A Study, Kellian Clink

Library Services Publications

Purpose -This study describes Hispanic students’ use of the academic library and their perceptions of factors that impact their use and satisfaction with it.

Design/Methodology -Using the literature as a springboard, a survey was created and modified to understand Hispanic students’ perceptions of the academic library. The participants were recruited by the University’s Institutional Research team, which could reach out to students who self-identified as Hispanic.

Findings - Generally speaking, Hispanic students are comfortable in this particular academic library, and felt that librarians and staff were available and kind. They are less comfortable asking for research help, largely …

The Impact Of Peer Review On Writing Development In French As A Foreign Language, Magda Tigchelaar

Journal of Response to Writing

The present study investigates learners’ participation in the activities of providing self and peer review in the context of a foreign language classroom to determine which feedback type contributes to greater gains in writing development. The study also investigates whether there are target areas of improvement that are more accessible to self-assessment compared with aspects that are better identified from an outsider’s perspective. Three intact classes of intermediate-level French learners (n = 44) were assigned to one of three conditions: peer review, self-review, and a no-review comparison group. Each group produced four texts over the course of the semester in …