Digital Commons Network^™

Facilitating Competition By Remedial Regulation, Kristelia A. García

Publications

In music licensing, powerful music publishers have begun—for the first time ever— to withdraw their digital copyrights from the collectives that license those rights, in order to negotiate considerably higher rates in private deals. At the beginning of the year, two of these publishers commanded a private royalty rate nearly twice that of the going collective rate. This result could be seen as a coup for the free market: Constrained by consent decrees and conflicting interests, collectives are simply not able to establish and enforce a true market rate in the new, digital age. This could also be seen as …

How Presidents Interpret The Constitution, Harold H. Bruff

Publications

No abstract provided.

Values And Assumptions In Criminal Adjudication, Benjamin Levin

Publications

This Response to Andrew Manuel Crespo's Systemic Facts: Toward Institutional Awareness in Criminal Courts proceeds in two Parts. In Part I, I argue that Crespo presents a compelling case for the importance of systemic factfinding to the task of criminal court judges. If, as a range of scholars has argued, criminal courts are increasingly serving a quasi-administrative function, then shouldn’t they at least be administrating accurately? Systemic Facts provides a novel account of how — with comparatively little institutional reform — courts might begin to serve as more effective administrators. However, in Part II, I also argue that Crespo’s account …

Accidents Of Federalism: Ratemaking And Policy Innovation In Public Utility Law, William Boyd, Ann E. Carlson

Publications

Decarbonizing the electric power sector will be central to any serious effort to fight climate change. Many observers have suggested that the congressional failure to enact a uniform system of electricity regulation could stifle the transition to a low-carbon electricity grid. This Article contends that the critique is overstated. In fact, innovation is occurring across different aspects of the electricity system and across different types of states in ways one would not expect to see under a single, national approach. As the Article demonstrates, this innovation stems in part from Congress’s failure to enact a single, national approach to electricity …

Siri-Ously? Free Speech Rights And Artificial Intelligence, Toni M. Massaro, Helen Norton

Publications

Computers with communicative artificial intelligence (AI) are pushing First Amendment theory and doctrine in profound and novel ways. They are becoming increasingly self-directed and corporal in ways that may one day make it difficult to call the communication ours versus theirs. This, in turn, invites questions about whether the First Amendment ever will (or ever should) cover AI speech or speakers even absent a locatable and accountable human creator. In this Article, we explain why current free speech theory and doctrine pose surprisingly few barriers to this counterintuitive result; their elasticity suggests that speaker humanness no longer may be …

Criminal Labor Law, Benjamin Levin

Publications

This Article examines a recent rise in civil suits brought against unions under criminal statutes. By looking at the long history of criminal regulation of labor, the Article argues that these suits represent an attack on the theoretical underpinnings of post-New Deal U.S. labor law and an attempt to revive a nineteenth century conception of unions as extortionate criminal conspiracies. The Article further argues that this criminal turn is reflective of a broader contemporary preference for finding criminal solutions to social and economic problems. In a moment of political gridlock, parties seeking regulation increasingly do so via criminal statute. In …

Colorado Rule Of Evidence 502: Preserving Privilege And Work Product Protection In Discovery, Christopher B. Mueller, Ronald J. Hedges, Lino S. Lipinsky

Publications

No abstract provided.

Tax Planning And Policy Drift, Sloan G. Speck

Publications

This Article proposes a framework for analyzing how private-sector legal interpretations influence public policy. Political scientists and legal scholars use the terms “bureaucratic drift” and “legislative drift” to describe how administrative agencies and future legislative coalitions affect public policy enacted by Congress. This Article identifies a third category of policy drift: “planning drift.” Planning drift describes deviations from an enacting legislature’s policy preferences that result from private experts’ interpretations of existing law. After Congress enacts a statute, the first people to interpret and apply the new legislation generally are not regulators or judges, but instead are private experts, such as …

Love, Anger, And Lawyering, Deborah J. Cantrell

Publications

This essay explores how mindfulness practices helped one lawyer, now legal scholar, explore the roles of love and anger in lawyering.

Classification Standards For Health Information: Ethical And Practical Approaches, Craig Konnoth

Publications

Secondary health information research requires vast quantities of data in order to make clinical and health delivery breakthroughs. Restrictive policies that limit the use of such information threaten to stymie this research. While the Notice of Proposed Rulemaking (NPRM) for the new Common Rule permits patients to provide broad consent for the use of their information for research, that policy offers insufficient flexibility. This Article suggests a flexible consenting system that allows patients to consent to a range of privacy risks. The details of the system will be fleshed out in future work.

Microstructural Investigation Of Vintage Pipeline Steels Highly Susceptible To Stress Corrosion Cracking, Monica Adriana Torres

Open Access Theses & Dissertations

The use of pipelines for the transmission of gas offers not only efficiency, but a number of economic advantages. Nevertheless, pipelines are subject to aggressive operating conditions and environments which can lead to in-service degradation [1] and thus to failures. These failures can have catastrophic consequences, such as environmental damage and loss of life [2]. One of the most dangerous threats to pipeline integrity is stress corrosion cracking (SCC). Despite the substantial progress that has been achieved in the field, due to the complex nature of this phenomenon there is still not a complete understanding of this form of external …

Video Composition: Tracing Multimodal Assemblages, Zachary Aaron Warzecka

Open Access Theses & Dissertations

Video Composition: Tracing Multimodal Assemblages questions and complicates current approaches to integrating digital videography, and new media at large, within academic environments. Given the field of Rhetoric and Writing Studies' persistent desire, if not struggle, to take on alternative modes of composing, the project provides an exploration of the distinct affordances, composing practices and rhetorical principles of digital videography. In particular, the Dissertation traces how videographic composing processes are taught, taken up, and even paved over within two distinct first year-writing classrooms.

In conducting grounded case studies of multimodal classrooms, the Dissertation draws disciplinary and pedagogical commonplaces into conversation with …

Gaining S-T-E-A-M: A General Athletic Department Social Media Strategy, Brendan O'Hallarn, Craig A. Morehead, Shana L. Pribesh

Educational Leadership & Workforce Development Faculty Publications

In the 10 years since the invention of Facebook, social media sites have become an indispensable part of the marketing and communications strategy employed by a broad spectrum of organizations, including university athletic departments. While social media is almost universally used, a review of academic literature suggests the study of deployment of social media resources, and analysis of their effectiveness, is still very much in preliminary stages. Professional literature on social media use is out in front of peer-reviewed research. Therefore, we use Funk’s framework for social media practices as a point of departure, offering a social media strategy specifically …

The Industrialization Of The Knowledge Economy: A Rhetorical Analysis Of Intellectual Property Policies, La Royce Batchelor

Theses and Dissertations

Whether a singular stroke of brilliance or a slow evolution of discovery; ownership of ideas has been the root of innovation and controversy. Innovation is often nothing more than an idea. Ideas may be bought or sold, traded or stolen, developed or lost. Intellectual property is a legal construct created to protect exclusivity of creation and rights of commercialization and distribution. The landscape of intellectual property has become expansive and complicated. It has become difficult to classify intellectual property rights as many people consider them economic rights, and others, property rights, and still more, increasingly in the West, personal rights, …

Development And Validation Of The Partners’ Approval Of Nonsexual Extradyadic Behaviors Scale, Lindsay Frances Kujawa

Theses and Dissertations

Despite the emergent norm in U.S. society for partnered individuals across all sexual orientations to possess both same-sex and cross-sex friends (Weis & Felton, 1987), and the relative complexity that comes with having friends who belong to the sex to which one is sexually attracted, the field is lagging in its ability to measure and better understand individuals’ attitudes about their partners’ engagement in the various behaviors of which these friendships are comprised. The existing scales of extradyadic behaviors are largely measuring individuals’ attitudes about engagement in sexual behaviors with cross-sex friends within the heterosexual population; therefore, they are inadequate …

Measuring Job Satisfaction For Rural Mental Health Providers: A Social Cognitive Career Theory Approach, Erin L. Martin

Theses and Dissertations

The current study employed online collection of self-report demographic data as

well self-report aspects of job satisfaction such as: positive affectivity, self-efficacy,

work-related goal progress, work-related goal support, and work conditions. Each

consenting participant completed the same set of online questionnaires. Several

participants chose to expand upon some of the unique stressors they experience as rural

mental health providers in follow-up emails. Results of path analysis did not find the

expected fit of observed data to the proposed structural model. Multiple regression

analyses provided data about the importance of positive affectivity, work conditions,

work-related goal support, and work-related goal progress …

Exploring The Impact Of Self-Determination On The Political Practices Of The Turtle Mountain Band Of Chippewa Indians: A Critical Content Analysis, Terri Jean Martin-Parisien

Theses and Dissertations

This study examined the Indian Self-Determination and Education Assistance Act (ISDEAA) of 1975 specific to the Turtle Mountain Band of Chippewa Indians (TMBCI). The purpose of this study was to provide evidence as to the impact of the ISDEAA on the Tribe as well as if, and how, the Tribe set their own definition of self-determination, above and beyond the definition of the ISDEAA. This study also examined the tensions that exist between the federal government and the TMBCI using federal policies such as the ISDEAA.

Tribal Critical Race Theory (TribalCrit) and Content Analysis were used as the theoretical framework …

Perspectives Of Male American Indian Students In A Predominantly White Higher Education Institution, Patricia Ann Queen Jordheim

Theses and Dissertations

The purpose of this phenomenological study was to explore the perceptions of male American Indian students and their strategies for staying enrolled in school and to determine what issues they were facing while attending a predominantly-White institution (PWI) of higher education in the Northern Plains. Participants consisted of seven male American Indian students attending school during the 2014-2015 academic school year. Resistance theory provided a framework for this research on male American Indian students and their perceptions of cultural dominance and their responses concerning assimilation and the campus cultural climate. The Hypothesis of Transculturation is a bridge to how male …

Theory Through Practice: An Action Research Study Of Learning To Teach In Elementary Music Methods, Rebecca Calvert Petrik

Theses and Dissertations

The purpose of this action research study was to improve an elementary music methods course’s impact on preservice teachers’ learning to teach. The central problem was identified as weak connectivity between course learning at the beginning of the semester and application in practicum settings at the end of the course. Reconnaissance including self study and study of the field led to changes in the sequencing of course learning and practicum teaching. The course was restructured to support the preservice music teachers through a graduated progression of practicum experiences prescheduled across the entire sixteen-week semester. Each teaching experience was grounded with …

Depositional Environment Of The Top Four Members Of The Three Forks Formation In Northwestern North Dakota, Williston Basin And Its Relation To Variables In Oil Production, Kilynn Sandberg

Theses and Dissertations

The Three Forks Formation (Upper Devonian) is present in the subsurface in the western two-third of North Dakota and conformably overlies the Birdbear Formation and underlies the Bakken Formation. The Formation reaches its maximum thickness of 270 feet (82 meters) in the center of the basin.

The Three Forks Formation is composed of dolostone, mud, fine sand, and limestone. This research included a detailed study of core samples and some petrographic analysis of thin sections. Six lithologic units were recognized in the subsurface including: laminated beds, massive mudstone, massive sandstone, brecciated beds, mottled beds, and massive limestone.

Groundwater controlled dolomitization …

Teacher Perceptions Of Facilitated Video Analysis Of Instruction In Teacher Professional Development, Benson Ayang Bakabaka

Theses and Dissertations

This qualitative study investigated inservice teachers’ perceptions of facilitated video analysis of instruction (FAVAI) on teacher professional development. The study borrows from the efficiency video of instruction has provided preservice teachers in previous research. The study made use of a group of five inservice teachers who took a professional development course labeled the Bakabaka Video Pedagogy (BVP). These teachers participated in watching and analyzing videos of instruction. A midcourse anonymous online survey was administered four weeks into the course. At the end of the BVP course, a post-viewing interview was administered to all the participants. The key research questions guiding …

How Distribution Of Commercial Satellite Payloads Between Different Launch Providers Affects The National Space Transportation Policy, Jerra Brown

Theses and Dissertations

How does the distribution of commercial satellite payloads affect the National Space Transportation Policy? Looking at the launch of commercial satellite payloads as a market, providing profit for private ventures, the question was analyzed by linking the economic benefits of the market to policy that it influences. Historical models are used to establish an economic variable and correlate its impact on policy change through time, using the 1994, 2004 and 2013 National Space Transportation Policies. The primary methods used were different comparative text analysis to baseline the changes of the evolving policies as applicable to a growing private space launch …

Examining Identity Of Novice Teacher Educators: A Self-Study, Laura Brudvik

Theses and Dissertations

Novice teacher educators can provide valuable insight into the question of professional identity and how it informs practice. Collaboration through interviews using self-study highlight how the experiences of their novice teacher educator years contribute to their identities. The self-study method provides an integrative approach, bridging research and practice, with the goal of ultimately improving practice. This self-study identifies specific qualities possessed by teacher educators who are former classroom teachers, and analyzes those qualities to determine possible benefits to teacher education. A corollary study is a self-study of my personal construction of professional identity as a novice teacher educator. The self-study …

Creation Of A Conditional Reasoning Task For Hostile Sexism, Travis Daryl Clark

Theses and Dissertations

The Ambivalent Sexism Inventory (ASI) is a widely used measure of sexism. The current project describes the creation and administration of an alternative measurement of sexism that utilizes a conditional reasoning task (CRT) while supporting the theoretical underpinnings in Ambivalent Sexism Theory. Arguments in favor of creating a new scale are presented along with arguments for the specific use of a CRT. By creating a conditional reasoning task for hostile sexism (CRT-HS), the current project takes the first step toward creating a new indirect alternative for measuring sexism.

Teacher Referral Following Natural Disasters, Melissa Anne Quincer

Theses and Dissertations

Previous research has shown that teachers are common referral points for children

experiencing mental health difficulties. This is especially true in rural communities and a

major time of intervention has been following natural disasters, when there are not

enough mental health services in an area, or they are too taxed. This study sought to

explore teachers’ referral habits and determine if there is any difference when rural

challenges are present or if the teacher has previously experienced a disaster. To this end,

teachers were recruited, presented with vignettes that either contained rural challenges or

did not contain rural challenges and …

Passing On The Legacy: How Rural Community College Senior Officers Prepare The Next Generation Of Leaders, Linda Thompson Thompson

Theses and Dissertations

Given the significant projected percentages of retirements of community college senior officers, forecasted workforce shortages, and the difficulty of attracting employees to rural community colleges, a qualitative study was undertaken to understand the learning experiences of seven senior officers in developing the competencies to lead at a rural community college. Through the interviews, the senior officers redirected the conversations to describe how they develop the next generation of rural community college leaders. Findings included the descriptive concepts of (a) rural legacies, (b) developing pragmatic competence, and (c) reciprocal development. A grounded theory model provided guidance on preparing the next generation …

The Impact Of Anterior Gradient 2 (Agr2) Expression In Models Of Arsenite And Cadmium Induced Breast And Bladder Cancers, Jamie Lynn Van Gieson

Theses and Dissertations

Bladder cancer constitutes one of the most prevalent cancers and is among the leading causes of cancer-related deaths in the United States. This work sought to better characterize and understand the role of the proto-oncogene anterior gradient 2 (AGR2) in bladder cancers. Immunohistochemical analysis of AGR2 expression in a range of bladder cancer specimens indicated that the expression of AGR2 decreases with an increase in the stage and grade of bladder cancers. The environmental carcinogens arsenic and cadmium (Cd2+) have been implicated in various cancers. This laboratory has demonstrated that arsenite (As3+) and Cd2+ can malignantly transform the bladder epithelium …

Academia Meeting The Needs Of Industry: A Case Study Of Developing A New Degree Program For Petroleum Engineering, Rosemary Vogt

Theses and Dissertations

The recent oil boom in western North Dakota’s Bakken formation in the Williston Basin resulted in numerous opportunities for skilled professionals (for which an academic credential is required) in petroleum engineering. Oil and gas industries operating in the state approached leaders at the University of North Dakota (UND) with the request to develop a petroleum engineering program for the purpose of contributing to the need for a skilled workforce in the state. In 2012, the North Dakota State Board of Higher Education approved a new Department of Petroleum Engineering at the University of North Dakota. What is unknown or understood …

Saving The Public Interest Class Action By Unpacking Theory And Doctrinal Functionality, Suzette M. Malveaux

Publications

No abstract provided.

From Apology To Utopia's Point Of Attack, Justin Deystone

Publications

This contribution to the Symposium celebrating the Twenty-fifth Anniversary of Martti Koskenniemi's From Apology to Utopia explores the relevance of the book for contemporary theorists of the international world. In doing so, the article puts Koskenniemi's classic in a contest with John Yoo's recent book, Point of Attack. The purpose in doing so is three-fold. First, it is to illustrate the contemporary use of Koskenniemi's structuralist method. Second, it is to show how the use of the method, with its attendant reliance on modes of legal thought, might give pause to international thinkers seeking to reinvigorate particular structures of …