Digital Commons Network^™

Mr. Nicolson's Cane, Mark D. Janis

Articles by Maurer Faculty

One of the most widely-recognized artifacts in American patent law iconography is also among its most peculiar: Samuel Nicolson’s cane. The cane played a leading role in the Court’s analysis in American Nicholson v. City of Elizabeth, a nineteenth-century decision that has become a fixture in the patent law canon. The case is the leading enunciation of the doctrine of experimental use, which spares inventors from forfeiting patent rights when they can show that otherwise disqualifying sales or uses were undertaken as experiments to perfect their inventions. This paper argues that the modern experimental use doctrine needs to rediscover its …

Introduction: The American Law Institute's Restatement Of Employment Law: Comments And Critiques, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

No abstract provided.

Transnational Constitution-Making: The Contribution Of The Venice Commission On Law And Democracy, Paul Craig

Articles by Maurer Faculty

Commission for Democracy through Law, better known as the Venice Commission. While part of the Council of Europe, the Venice Commission is much less understood than the European Court of Human Rights (ECHR), notwithstanding the existing literature. This chapter therefore seeks to explicate and evaluate. It begins by explicating the organizational foundations of the Venice Commission, followed by analysis of its remit and role. The focus then shifts to triggering and working methodology.

The remainder of the article is concerned with evaluation of the Commission’s role in relation to constitution-making as broadly conceived, the analysis being situated within the literature …

What Do Indiana Law Schools Do For Students In Need?, Inge Van Der Cruysse

Articles by Maurer Faculty

No abstract provided.

Identifying Possible Alternative Rodenticide Baits To Replace Strychnine Baits For Pocket Gophers In California, Gary W. Witmer, Roger A. Baldwin, Rachael S. Moulton

United States Department of Agriculture Wildlife Services: Staff Publications

Rodents cause substantial damage to crops in California and rodenticides have been major tools for reducing that damage. While strychnine has been heavily relied upon to control pocket gophers in California, its future availability is in question because of increased import costs. We conducted efficacy trials with captive, wild-caught Botta's pocket gophers to identify potential alternative rodenticides to strychnine. The rodenticide baits tested included three categories: acute rodenticides, first generation anticoagulant rodenticides, and combination rodenticides (containing an acute toxicant and an anticoagulant). There was a wide range of efficacies (0e100%) with these rodenticides. The first generation anticoagulants performed poorly, while …

Functional Visual Sensitivity To Ultraviolet Wavelengths In The Pileated Woodpecker (Dryocopus Pileatus), And Its Influence On Foraging Substrate Selection, Sean T. O'Daniels, Dylan C. Kesler, Jeanne D. Mihail, Elisabeth B. Webb, Scott J. Werner

United States Department of Agriculture Wildlife Services: Staff Publications

Most diurnal birds are presumed visually sensitive to near ultraviolet (UV)wavelengths, however, controlled behavioral studies investigating UV sensitivity remain few. Although woodpeckers are important as primary cavity excavators and nuisance animals, published work on their visual systems is limited. We developed a novel foraging-based behavioral assay designed to test UV sensitivity in the Pileated Woodpecker (Dryocopus pileatus). We acclimated 21 wild-caught woodpeckers to foraging for frozen mealworms within 1.2 m sections of peeled cedar (Thuja spp.) poles.We then tested the functional significance of UV cues by placing frozen mealworms behind UV-reflective covers, UV-absorptive covers, or decayed red …

Evaluating Data Quality In Reports Of Sales In A Retail Establishment Survey, Kristen Olson, Xiaoyu Lin, Timothy Banks

Department of Sociology: Faculty Publications

This paper examines failure to use records in sales reporting across about 12,000 store owners participating in a retail measurement panel in a Southeast Asian country. Reported sales based on the storekeeper’s memory (oral reports) were lower than those from records, as expected. More surprisingly, oral reports acted as a supplement to record-based reports at the same store, such that stores that had oral reports had higher total sales than those with invoices. Although stores were expected to either have or not have a reliable record system, many stores used both. Findings varied over individual categories of products. Little research …

Assessing Potential Errors In Level-Of-Eort Paradata Using Gps Data, James Wagner, Kristen Olson, Minako Edgar

Department of Sociology: Faculty Publications

Surveys are a critical resource for social, economic, and health research. The ability to efficiently collect these data and develop accurate post-survey adjustments depends upon reliable data about effort required to recruit sampled units. Level-of-effort paradata are data generated by interviewers during the process of collecting data in surveys. These data are often used as predictors in nonresponse adjustment models or to guide data collection efforts. However, recent research has found that these data may include measurement errors, which would lead to inaccurate decisions in the field or reduced effectiveness for adjustment purposes (Biemer, Chen, & Wang, 2013; West, 2013). …

Checking Privilege At The Door: Men’S Reflections On Masculinity In Women’S And Gender Studies Course, Rachel Schmitz, Emily Kazyak

Department of Sociology: Faculty Publications

Certain types of masculinity undergird gender inequality, but different contexts may encourage individuals to conceptualize gender in new and unique ways. Women’s and Gender Studies (WGS) university courses support this for women, but less is known about men’s experiences. Through an analysis of interview data from 15 men who have taken WGS courses, we ask: What do men experience in the WGS classroom and how do men perceive that their experiences in WGS courses shape their conceptualizations of gender and gender relations? Men described developing their understandings of gender inequality after taking a WGS course and they applied this knowledge …

Using Cell Phones For Data Collection: Benefits, Outcomes, And Intervention Possibilities With Homeless Youth, Kimberly A. Tyler, Rachel M. Schmitz

Department of Sociology: Faculty Publications

While many homeless youth use cell phones to stay socially connected, and maintaining positive social ties can contribute to pathways out of homelessness, little is known about how using cell phones for data collection can improve these young people’s lives. We conducted baseline and follow-up interviews with 150 homeless youth as well as provided them with a cell phone for 30 days to gather daily data using short message service (SMS) surveying. This paper examines youths’ opinions about study participation and how they used the cell phone. Results revealed that youth liked participating in the study because the SMS texting …

Public Health Framing And Attribution: Analysis Of The First Lady’S Remarks And News Coverage On Childhood Obesity, Jennifer A. Andersen, Lindsey E. Wylie, Eve M. Brank

Department of Sociology: Faculty Publications

First Lady Michelle Obama’s public health promotion “Let’s Move” seeks to place children on a path to better health by giving families access to health education and fostering healthier environments. We examined the use of public health framing and attribution of responsibility in the First Lady’s remarks and newspaper articles reporting on childhood obesity. We coded the Whitehouse.gov website for remarks made by the First Lady regarding the childhood obesity prevention program “Let’s Move.” Of the 103 remarks coded, 35% of the remarks used public health framing. The First Lady’s remarks attributed responsibility and solutions for the childhood obesity crisis …

Updating The Agenda For Academic Libraries And Scholarly Communications, Clifford Lynch

Copyright, Fair Use, Scholarly Communication, etc.

This issue of C&RL is focused on scholarly communication, and it seems appropriate, in this invited guest editorial, to step back and examine the broader agenda that academic and research libraries need to consider today in engaging with scholarly communications as a way of framing the issue. My view is that this agenda is ripe for re-thinking. The overall environment has changed significantly in the last few years, underscoring the growing irrelevance of some long-held ideas, and at the same time, clearly identifying new and urgent priorities. What I hope to do here is to summarize very succinctly my thoughts …

Kiwis In Space: New Zealand’S “Outer Space And High-Altitude Activities Act”, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The number of countries with more or less comprehensive national space legislation that addresses in particular the authorization and supervision of private space activities continues to grow, and several more countries are currently in the process of adding themselves to that list. One of the more recent ones among them is New Zealand, which has an extensive “Outer Space and High-Altitude Activities Act” that is to enter into force in December 2017.

The paper briefly recaps the general underlying international obligations, in particular as following from Articles VI, VII, and VIII of the Outer Space Treaty, the Liability Convention, and …

Gfi1Cre Mice Have Early Onset Progressive Hearing Loss And Induce Recombination In Numerous Inner Ear Non-Hair Cells, Maggie Matern, Sarath Vijayakumar, Zachary Margulies, Beatrice Milon, Yang Song, Ran Elkon, Xiaoyu Zhang, Sherri M. Jones, Ronna Hertzano

Department of Special Education and Communication Disorders: Faculty Publications

Studies of developmental and functional biology largely rely on conditional expression of genes in a cell type-specific manner. Therefore, the importance of specificity and lack of inherent phenotypes for Cre-driver animals cannot be overemphasized. The Gfi1^Cre mouse is commonly used for conditional hair cell-specific gene deletion/reporter gene activation in the inner ear. Here, using immunofluorescence and flow cytometry, we show that the Gfi1^Cre mice produce a pattern of recombination that is not strictly limited to hair cells within the inner ear. We observe a broad expression of Cre recombinase in the Gfi1^Cre mouse neonatal inner ear, primarily …

Development Of Tract-Specific White Matter Pathways During Early Reading Development In At-Risk Children And Typical Controls, Yingying Wang, Meaghan V. Mauer, Talia Raney, Barbara Peysakhovich, Bryce L. C. Becker, Danielle D. Silva, Nadine Gaab

Department of Special Education and Communication Disorders: Faculty Publications

Developmental dyslexia is a neurodevelopmental disorder with a strong genetic basis. Previous studies observed white matter alterations in the left posterior brain regions in adults and school-age children with dyslexia. However, no study yet has examined the development of tract-specific white matter pathways from the pre-reading to the fluent reading stage in children at familial risk for dyslexia (FHD+) versus controls (FHD−). This study examined whitematter integrity at pre-reading, beginning, and fluent reading stages cross-sectionally (n = 78) and longitudinally (n = 45) using an automated fiber-tract quantification method. Our findings depict white matter alterations and atypical lateralization …

Got Privilege? An Honors Capstone Activity On Diversity, Equity, And Inclusion, Patrick Bahls, Reid Chapman

Honors in Practice Online Archive

In May 2013, Patrick was a participant in a multiday workshop sponsored by our university’s Diversity Action Council. The goal of the workshop, led by off-campus experts commissioned by the university, was to help educate faculty and staff on issues related to diversity, equity, and inclusion and to foster conversations on these topics among these members of the university community. The workshop had several positive outcomes, which included facilitating faculty/staff interactions and fostering a sense of university-wide community as participants worked together to explore identity, intersectionality, and other issues related to diversity in the academic setting. Most importantly, the workshop …

Academic Socialization: Mentoring New Honors Students In Metadiscourse, Gabriella Bedetti

Honors in Practice Online Archive

Discussion-based classes are a defining characteristic of honors curricula (National Collegiate Honors Council). Of the 177 institutions to describe their curriculum in the Official Online Guide to Honors Colleges and Programs, 50% promote their classes as “discussion” or “discussion-based.” The descriptions include the following: “Honors Seminars are unique, discussion- based courses” at the University of Minnesota; “Discussion-based seminars . . . [provide] the highest level of personal attention” at Villanova; and the importance of “Discussion-based courses, where lecturing is avoided” at Western Carolina. I, too, follow a conversational learning model, a “dialogic pedagogy” (Knauer 44), in my honors teaching. …

Rainbow Peacock Spiders Inspire Miniature Superiridescent Optics, Bor-Kai Hsiung, Radwanul Hasan Siddique, Doekele G. Stavenga, Jürgen C. Otto, Michael C. Allen, Ying Liu, Yongfeng Lu, Dimitri D. Deheyn, Matthew D. Shawkey, Todd A. Blackledge

Department of Electrical and Computer Engineering: Faculty Publications

Colour produced by wavelength-dependent light scattering is a key component of visual communication in nature and acts particularly strongly in visual signalling by structurallycoloured animals during courtship. Two miniature peacock spiders (Maratus robinsoni and M. chrysomelas) court females using tiny structured scales (~ 40 × 10 μm²) that reflect the full visual spectrum. Using TEM and optical modelling, we show that the spiders’ scales have 2D nanogratings on microscale 3D convex surfaces with at least twice the resolving power of a conventional 2D diffraction grating of the same period. Whereas the long optical path lengths required …

Flatland Plasmonics And Nanophotonics Based On Graphene And Beyond, Pai-Yen Chen, Christos Argyropoulos, Mohamed Farhat, J. Sebastian Gomez-Diaz

Department of Electrical and Computer Engineering: Faculty Publications

In this paper, we review and discuss how the recently discovered two-dimensional (2D) Dirac materials, particularly graphene, may be utilized as new efficient platforms for excitations of propagating and localized surface plasmon polaritons (SPPs) in the terahertz (THz) and mid-infrared (MIR) regions. The surface plasmon modes supported by the metallic 2D materials exhibit tunable plasmon resonances that are essential, yet missing, ingredients needed for THz and MIR photonic and optoelectronic devices. We describe how the atomically thin graphene monolayer and metamaterial structures based on it may tailor and control the spectral, spatial, and temporal properties of electromagnetic radiation. In the …

The Impact Of Pollen Consumption On Honey Bee (Apis Mellifera) Digestive Physiology And Carbohydrate Metabolism, Vincent A. Ricigliano, William Fitz, Duan C. Copeland, Brendon M. Mott, Patrick Maes, Amy S. Floyd, Arnold Dockstader, Kirk E. Anderson

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Carbohydrate-active enzymes play an important role in the honey bee (Apis mellifera) due to its dietary specialization on plant-based nutrition. Secretory glycoside hydrolases (GHs) produced in worker head glands aid in the processing of floral nectar into honey and are expressed in accordance with the age-based division of labor. Pollen utilization by the honey bee has been investigated in considerable detail, but little is known about the metabolic fate of indigestible carbohydrates and glycosides in pollen biomass. Here, we demonstrate that pollen consumption stimulates the hydrolysis of sugars that are toxic to the bee (xylose, arabinose, mannose). GHs produced in …

Band-To-Band Transitions, Selection Rules, Effective Mass, And Excitonic Contributions In Monoclinic Β-Ga2o3, Alyssa Mock, Rafal Korlacki, Chad Briley, Vanya Darakchieva, Bo Monemar, Yoshinao Kumagai, Ken Goto, Masataka Higashiwaki, Mathias Schubert

Department of Electrical and Computer Engineering: Faculty Publications

We employ an eigenpolarization model including the description of direction dependent excitonic effects for rendering critical point structures within the dielectric function tensor of monoclinic β-Ga₂O₃ yielding a comprehensive analysis of generalized ellipsometry data obtained from 0.75–9 eV. The eigenpolarization model permits complete description of the dielectric response. We obtain, for single-electron and excitonic band-to-band transitions, anisotropic critical point model parameters including their polarization vectors within the monoclinic lattice. We compare our experimental analysis with results from density functional theory calculations performed using the Gaussian-attenuation-Perdew-Burke-Ernzerhof hybrid density functional. We present and discuss the order of the …

Educating The Outsiders: The Importance Of Social Support In The Success Of Latino Undocumented Students, Emily Adkins

UReCA: The NCHC Journal of Undergraduate Research and Creative Activity

It takes a village to raise a child. This traditional proverb points to the importance of community and cooperation in ensuring children’s needs are met and exposing them to a wide variety of resources that could provide assistance if necessary. This concept of community support is widely heralded, and for many students in the United States, this saying is vital. Their villages are complete with parents, teachers, and administrators that support them and believe in their potential for success. But who forms the support system for children who are on America’s social fringes? For students who seem to be outsiders, …

Jargons And Pidgins And Creoles, Oh My!, Emily Gray

UReCA: The NCHC Journal of Undergraduate Research and Creative Activity

Linguistics, as defined by the Oxford English Dictionary, is “the science of studying language, including phonetics, phonology, morphology, syntax, semantics, pragmatics, and historical linguistics” (OED.com). Within this field, the study of pidgin and creole languages is the source of much controversy and disagreement. Due to their divergence from typical linguistic features and development patterns, pidgins and creoles have long been ignored by the linguistics community. Considered by many to be “inferior, haphazard, broken” versions of “older, more established languages,” these so-called “bastard tongues” were written off as unworthy of study (Todd 1). Only recently have these forms of language garnered …

Ureca, The Nchc Web Journal Of Undergraduate Research And Creative Activity, Kaycee Anderson, Mikayla Conway, Mackenzie Cope, Caleb Deane, Leah Koch, Ryan Schlom, Rebekah Assid, Olivia George, Josh Freeman, Grace Mcpherson, Kate Mobley, Zeke Starr, Russell Helms, Johnny Maclean, Brian White

UReCA: The NCHC Journal of Undergraduate Research and Creative Activity

Our vision is an academic community without borders, a connected network of aspirational students committed to the advancement of knowledge and appreciation of the arts. UReCA fosters the exchange of intellectual and creative work between undergraduate students, providing a platform where students can engage with and contribute to the advancement of their individual fields.

UReCA was first conceived by Johnny MacLean (Southern Utah University) and Brian White (Graceland University) at an annual NCHC conference in Phoenix, Arizona. MacLean and White noticed that while several academic outlets existed for honors faculty and administrators, there was an absence of student-focused publications within …

Internal Control Activities As A Tool For Financial Management In The Public Sector: A Case Study Of Ghana Post Company Limited, Kwakye E. Agyapong

Journal for the Advancement of Developing Economies

The case, Ghana Post Company Limited, allows for the observation of internal control activities as a tool for financial management in the public sector. The objective of the research is to examine the control environment of the Ghana Post Company to ensure there is segregation of duties, proper information and communication between employees and management; and monitoring of the policies implemented by management. The sample size of 36 included individuals from all of the departments within the company. The departments are Auditing and Finance, Human Resource, Mail and Parcels, and Financial Services. The work established had continued lapses in the …

Changes In J-Soap-Ii And Savry Scores Over The Course Of Residential, Cognitive-Behavioral Treatment For Adolescent Sexual Offending, Jodi L. Viljoen, Andrew L. Gray, Catherine Shaffer, Natasha E. Latzman, Mario Scalora, Daniel Ullman

Department of Psychology: Faculty Publications

Although the Juvenile Sex Offender Assessment Protocol–II (J-SOAP-II) and the Structured Assessment of Violence Risk in Youth (SAVRY) include an emphasis on dynamic, or modifiable factors, there has been little research on dynamic changes on these tools. To help address this gap, we compared admission and discharge scores of 163 adolescents who attended a residential, cognitive-behavioral treatment program for sexual offending. Based on reliable change indices, one half of youth showed a reliable decrease on the J-SOAP-II Dynamic Risk Total Score and one third of youth showed a reliable decrease on the SAVRY Dynamic Risk Total Score. Contrary to expectations, …

Building Momentum In Student Engagement: Alternative Breaks And Students’ Social Justice And Diversity Orientation, Elizabeth Niehaus

Department of Educational Administration: Faculty Publications

Drawing from the theory of academic momentum, the purpose of this study is to explore the relationship between what happens before, during, and after an alternative break (AB) experience and students’ reported gains in diversity and social justice orientations 1 year after their AB. Findings point to the importance of considering how these types of programs are structured and implemented, not just whether or not students participate, and of encouraging continued engagement after an AB experience.

Exploring Integrative Learning In Service-Based Alternative Breaks, Elizabeth Niehaus, Courtney Holder, Mark Rivera, Crystal E. Garcia, Taylor C. Woodman, Julie Dierberger

Department of Educational Administration: Faculty Publications

The purpose of this study was to explore how students integrate learning from one particular experience, participating in a service learning-based alternative break (AB), with other postsecondary experiences and to identify the conditions that may facilitate integrative learning. Using qualitative case studies combined with narrative analysis, we analyzed data from interviews with 38 AB participants. Consistent with Barber’s (2012) theory of integrative learning, we found evidence that students were engaging in the processes of connecting, applying, and synthesizing learning from their ABs. We identified the importance of interacting with diverse others in facilitating integrative learning, but also noted barriers to …

Vietnamese Graduate International Student Repatriates: Reverse Adjustment, Anh Le, Barbara Lacost

Department of Educational Administration: Faculty Publications

The purpose of this study is to explore the experiences of Vietnamese international students who have returned to Vietnam after graduation from a U.S. higher education institution. The findings suggest that participants found it harder to readjust to Vietnam than to adjust to the U.S. even though they had lived most of their lives in Vietnam. Time in the U.S. had changed them considerably, making it difficult for them to fit back into their old lives in Vietnam. Most of them did not expect to experience reserve culture shock, and most had made real efforts to fit back into the …

Refugee Students In Community Colleges: How Colleges Can Respond To An Emerging Demographic Challenge, Minerva D. Tuliao, Deryl K. Hatch, Richard J. Torraco

Department of Educational Administration: Faculty Publications

This practice brief provides recommendations for community college leaders in addressing the educational needs of refugee students in community colleges. Despite increasingly diverse immigrant populations at community colleges, there is limited research examining refugee students and their needs in higher education settings. Educational needs related to social support, cultural competency of the campus community, and financial assistance are found to be salient for refugee students. Implications for community colleges are discussed from the perspective of validation and community cultural wealth. Strategies that meet the needs of refugee students include expanding social networks that involve local community organizations, developing specific support …