Digital Commons Network^™

Towards Patent Standardization, Janet Freilich, Jay P. Kesan

Faculty Scholarship

Among the most important purposes of patents are to provide clear notice to third parties of the patent's boundaries and to disclose helpful information to researchers seeking to replicate or further develop the patented invention. Unfortunately, patents often fail at both of these tasks, in part because of lack of uniformity of language and format.' Use of idiosyncratic language in patent claims renders it difficult to find relevant patents and, once a patent is found, to interpret its claims. As there is no customary set of information that must always be included in a patent, researchers often find reading a …

Original Foreign Affairs Federalism, Gary S. Lawson

Faculty Scholarship

Two of the most doctrinally bewildering topics in American constitutional law are federalism and foreign affairs. Put the two together and it requires the patience of Job and the wisdom of Solomon to navigate, never mind make sense of, the judicial and political accommodations that have arisen over the course of more than two centuries concerning the relative roles of the national, state, and local governments in matters that implicate American involvement with foreign countries and citizens. I will not go so far as to say that Mike Glennon and Rob Sloane’s new book, Foreign Affairs Federalism: The Myth of …

Resistance, Resonance And Restoration: How Generative Stories Shape Organisational Futures, Michelle Lebaron, Nadja Marie Alexander

All Faculty Publications

Stories are powerful. They reflect our past and shape our futures, but are never complete. Stories connect us to people in organisations – present and past – with whom we feel belonging, and disconnect us from others. Always abstractive, they give incomplete pictures of what was, weaving past accounts into what is and what will be. Because choice-points in storytelling are mostly unconscious, biases and perceptions are always part of narration, tending to reinforce preferred images, identities and trajectories. Storytelling habits, in turn, often accent negative histories and escalate conflict.

Because stories are so powerful, it is essential to critically …

Winter 2017 Shsp Alumni Connections, New York Medical College

School of Health Sciences and Practice

• Mark J. Kittleson, Ph.D., is Named Chair of the Department of Public Health in the School of Health Sciences and Practice
• D.P.T. Class of 2019 Share Their Good Works at Community Service Presentations
• StuHE Hosts Career Mentor Session
• SHSP Weighs In at APHA 2017
• M.P.H. Student Adds Global Experience to Public Health Education
• NYMC Reaches Out to Puerto Rico
• SHSP Hosts Special Dean's Lecture
• 19th Annual Race for Rehab Supports Achilles International
• D.P.T. Class of 2019 Celebrates National Physical Therapy Month
• NYMC Pride Shines at Founder's Dinner
• Noted Physiotherapist Shares His Views on Cultural Competence
• Founder of Achilles International Gives …

Winter 2017 Som Alumni Connections, New York Medical College

School of Medicine

• The Latest Issue of Chironian Magazine is Now Online
• Department of Surgery Hosts Thirteenth Annual Louis R.M. DelGuercio, M.D., Distinguished Visiting Professorship and Research Day
• Officials Talk Shop at BioInc@NYMC

Privacy And Court Records: Online Access And The Loss Of Practical Obscurity, David S. Ardia

Faculty Publications

Court records present a conundrum for privacy advocates. Public access to the courts has long been a fundamental tenant of American democracy, helping to ensure that our system of justice functions fairly and that citizens can observe the actions of their government. Yet court records contain an astonishing amount of private and sensitive information, ranging from social security numbers to the names of sexual assault victims. Until recently, the privacy harms that attended the public disclosure of court records were generally regarded as insignificant because court files were difficult to search and access. But this “practical obscurity” is rapidly disappearing …

Maintaining Power By Manipulating Memory In Rwanda, Thomas A. Kelley Iii

Faculty Publications

No abstract provided.

The Free Speech Rights Of University Students, Mary-Rose Papandrea

Faculty Publications

No abstract provided.

Reverse Passing, Khaled A. Beydoun, Erika K. Wilson

Faculty Publications

No abstract provided.

Sedimentary Innovation: How Regulation Should Respond To Incremental Change, Cristie Ford

All Faculty Publications

As captivating as paradigm-changing "radical" innovations may be, “sedimentary”, or incremental, innovation – incremental improvements based on imitation, tweaking, bricolage and diffusion – are in fact the main way in which innovation actually develops. In finance, sedimentary innovation is shaped by forces including structural and social networks, a strong first mover advantage, and collective action problems. This piece, which is Chapter 8 in a forthcoming book that considers financial innovation as a regulatory challenge, examines sedimentary innovation in particular. Like innovation generally, sedimentary innovation can profoundly undermine regulation across time. It can bury structures designed to contain it and can …

The Frequency Of Texting On Middle School Students' Writing Achievement, Jennifer French

Doctoral Dissertations and Projects

The purpose of this correlational study was to discover the impact of texting on writing achievement for middle school students. The theory guiding this study is Vygotsky’s Social Cognitive Theory (Newman & Holzman, 2013) as it explains that learning is influenced by one’s social environment. The data that will be collected consists of the scores of the writing portion of the 2014-2015 state standardized test (ISTEP), a student survey answering questions about texting practices, and student status information on Free and Reduced Meals. The multiple regression analysis will be used to analyze this data because as inferential statistics it can …

Understanding Faculty Use Of The Learning Management System, Jason Rhode

Faculty Articles, Papers, and Other Scholarship

The learning management system (LMS) has become a critical tool for nearly all institutions of higher education, and a driving force in online learning. According to a 2014 report by the Educause Center for Analysis and Research, 99% of higher education institutions have an LMS in place, and the LMS is used by 85% of faculty and 83% of students. This was not always the case, however. There was a time in the not-so-distant past when using an LMS was considered highly innovative. Understanding the growth and adoption of the LMS is a stepping stone to understanding how faculty may …

Measuring Learning, Not Time: Competency-Based Education And Visions Of A More Efficient Credentialing Model, Jessica E. Horohov

Theses and Dissertations--Educational Policy Studies and Evaluation

Competency-based education is intended to benefit working non-traditional students who have knowledge and skills from prior work experiences, but it also enables self-motivated students to accelerate their time to degree, thereby increasing affordability and efficiency. Competency-based education clarifies what a credentialed student will be able to do and makes assessment more transparent and relevant to those outside of higher education. Competency-based education has arisen in response to the problem defined by the national reform discourses of accountability and affordability.

In the first manuscript, History & Objections Repeated: Re-Innovating Competency-Based Education, I review the history of social efficiency reform efforts in …

Utilizing The Social Ecological Model To Address Drinking Behaviors Among College Students Participating In Ncaa Division I Non-Revenue Generating Sports, Andrew M. Smith

Theses and Dissertations--Educational Policy Studies and Evaluation

College students between the ages of 18 and 24 are considered high-risk for alcohol-related negative consequences due to drinking at high-risk levels (Barry, Howell & Salaga, 2015). Within that population, varsity student athletes are considered at even greater risk for those issues (Druckman, 2015; Wechsler, 2002).

With football and men’s basketball being considered the only revenue-generating NCAA Division I sports, non-revenue-generating sports consist of the majority of student athletes (NCAA, 2016). This study is designed to examine high-risk drinking as well as alcohol-related consequences among non-revenue-generating student athletes attending a National Collegiate Athletic Association (NCAA) Division I school.

The sample …

Determined To Make A Difference: A Qualitative Study Of College Women Student Leaders, Heather Yattaw Wagoner

Theses and Dissertations--Educational Policy Studies and Evaluation

While research has grown related to the experiences of gender and leadership in the workplace, little research exists on the experiences of gender and leadership in collegiate student organization settings. This study explores the experiences of college women holding executive leadership roles in highly visible on-campus registered student organizations. More specifically, the study seeks understanding of how social role expectancies interfaced with the women’s perceptions and experiences as college leaders.

Data were generated with undergraduate women leaders at a large, public research institution in the southeast during the fall of 2014 using qualitative methods including individual interviews, group interviews, and …

"A World To Suit Themselves": Student-Constructed Narratives And The Hidden History Of College Life, David M. Brown

Theses and Dissertations--Educational Policy Studies and Evaluation

An individual’s years in college are a time of trial and transformation. This dissertation examined college students’ self-created accounts of their time in college in order to identify students’ significant meaning-making activities during those years. Four primary areas of student life were investigated: the rules that students were expected to adhere to, the ways in which students and their class cohorts antagonized one another, hazing, and class competitions.

A comparative historical approach was used to analyze student-created accounts of college life in the years 1871-1941. Archival research at a geographically diverse sample of fourteen colleges and universities provided primary source …

Self-Authoring Gender Performance: A Narrative Analysis Of Gay Undergraduate Men, Casey Shadix

Theses and Dissertations--Educational Policy Studies and Evaluation

The perspectives of gay men on college and university campuses is informed by a rich gay social history and extensive roots of community politics. The experiences of gay undergraduate men have been illuminated in segmented ways in scholarly literature to date. This narrative inquiry develops and advances those efforts by exploring how gay undergraduate men construct, experience, and make meaning of their gender as a population ascribing to both liberationist and assimilationist viewpoints. Data for this qualitative study were collected at one public, four-year research university in the southeastern United States in the fall 2015 semester using recorded personal interviews …

Do Intercollegiate Athletics Subsidies Correlate With Educational Spending? An Empirical Study Of Public Division-I Colleges And Universities, Michael J. Rudolph

Theses and Dissertations--Educational Policy Studies and Evaluation

Intercollegiate athletics are a prominent feature of American higher education. They have been characterized as the “front door” to the university due to their unique ability to draw alumni and other supporters to campus. It is often supposed that the exposure from high-profile athletics produces a number of indirect benefits including greater institutional prestige. Such exposure comes at a cost, however, as most Division I athletics programs are not financially self-sufficient and receive institutional subsidies to balance their budgets. At present, it is unclear how institutions budget for athletics subsidies or whether the recent increases in subsidies have impacted the …

Understanding The Links Of Mindfulness, Relationship Satisfaction, And Sexual Satisfaction, Elizabeth N. Greer

Theses and Dissertations--Kinesiology and Health Promotion

The purpose of the present study was to examine the relationship between mindfulness and its link to sexual satisfaction and relationship satisfaction. Data were collected from 809 individuals (18.8% bisexual, 60.7% straight, 19.2% gay/lesbian) in romantic relationships. Participants completed an online survey to measure mindfulness (five facets: observing of experience, describing with words, acting with awareness, non judging of inner experience, non reactivity to inner experience), sexual satisfaction, and relationship satisfaction. Results from two multivariate analyses (predicting sexual satisfaction and relationship satisfaction) revealed that relationship satisfaction is significantly predicted by three of the five facets of mindfulness – acting with …

Design And Implementation Of An Orientation To Online Learning Mini Course With Undergraduate And Graduate Students With Varying Levels Of Online Course Experience, Heather E. Arrowsmith

Theses and Dissertations--Curriculum and Instruction

This case study examined the implementation of an orientation to online learning mini-course that introduced the learning management system (LMS) and the support services available for online learning students involved in undergraduate and graduate coursework. The purpose of the mini-course was to address issues with online course attrition related to students' technology preparation and skills described in the literature (Bozarth, Chapman, and LaMonica, 2004; Dupin-Bryant, 2004). The course design featured elements of Keller’s (1968) Personalized Systems of Instruction and Bloom’s Mastery Learning (Guskey, 1997), specifically, student demonstration of unit mastery, monitored by the instructor, and the use of correctives. Sixty-five …

The Effect Of Haptic Interaction And Learner Control On Student Performance In An Online Distance Education Course, Marty J. Park

Theses and Dissertations--Curriculum and Instruction

Today’s learners are taking advantage of a whole new world of multimedia and hypermedia experiences to gain understanding and construct knowledge. While at the same time, teachers and instructional designers are producing these experiences at rapid paces. Many angles of interactivity with digital content continue to be researched, as is the case with this study.

The purpose of this study is to determine whether there is a significant difference in the performance of distance education students who exercise learner control interactivity effectively through a traditional input device versus students who exercise learner control interactivity through haptic input methods. This study …

The Effects Of Golf Stance On The Peak Knee Adduction Moment During The Golf Swing, Quenten L. Hooker

Theses and Dissertations--Kinesiology and Health Promotion

INTRODUCTION: The knee joint is one of the most frequently injured structures in the game of golf. The loads experienced by the knee during the golf swing are typically greater than those experienced during walking. In particular, a heightened lead limb peak external knee adduction moment has been linked to the progression of medial compartment knee osteoarthritis (OA). Altering movement patterns is a common strategy that can be used to reduce loading on the knee joint but has received little attention during the golf swing. Also, while such manipulations may be beneficial from an injury prevention perspective, they may have …

Nonparental Childcare And Child Contact Orders For Grandparents, Jeffrey A. Parness, Alexander Yorko

Faculty Articles, Papers, and Other Scholarship

The U.S. Supreme Court has long recognized that the regulation of certain areas of domestic relations, including standing to seek a childcare order, rests within the virtually exclusive province of the states. State lawmakers recently have undertaken many new domestic relations initiatives relevant to parental and nonparental childcare, prompted by new forms of human reproduction, large numbers of nonmarital births, and shifts in in family structures. In this article we review past, current and future state lawmaking on the availability of nonparental childcare and child contact orders for grandparents. Our work coincides with the current inquiries into new model childcare …

Trace Metals In Stormwater: Alternative Best Management Practices, Jennifer Ibeth Mora

Civil and Environmental Engineering Master's Project Reports

Heavy metals, such as copper (Cu) and zinc (Zn), are considered hazardous in natural waters due to their toxicity and non-biodegradability. The focus of this study is to use batch experiments to investigate the heavy metal (Cu and Zn) removal efficiency of perlite and Earthlite^TM to improve in-situ filtration systems for stormwater catchment basins. Stormwater samples from two field sites in Portland, OR, chosen to represent a high-use commercial site and high-traffic urban road, were characterized to inform experimental design and compare to values found in literature. The Linear, Freundlich, and Langmuir isotherm models were used to describe equilibrium …

Sidekick, Brian (Kyu Won) Yum

Quill & Scope

No abstract provided.

Home Rule In An Era Of Local Environmental Innovation, Sarah Fox

Faculty Articles, Papers, and Other Scholarship

As 2016’s national election made clear, striking ideological differences between cities and their surrounding states exist in many parts of the country. One way in which this divide manifests itself is in state governments passing laws with the sole purpose of outlawing particular local conduct. For instance, recent state legislation has prohibited local governments from establishing a minimum wage, from prohibiting the use of plastic bags, and from protecting the rights of transgender individuals to use the bathroom of their identified gender. These state actions do not create substantive law; instead, they merely curtail the grant of authority—known as home …

Sharia Law And International Commercial Arbitration: The Need For An Intra-Islamic Arbitral Institution, George Khoukaz

Journal of Dispute Resolution

The goal of this Comment is to address the relationship between Middle-Eastern Islamic countries with the rest of the world from an international commercial arbitration perspective. To do that, we will first briefly address the historic sectarian divide between the two main sects in Islam—Sunna and Shia—which will allow the reader to gain a better understanding of the theoretical differences within Islam, resulting in different legal systems and competing political interests. Section II will also briefly address the modern history of both the Kingdom of Saudi Arabia (KSA) and the Islamic Republic of Iran (Iran) because these two countries are …

Negotiation Is Changing, Noam Ebner

Journal of Dispute Resolution

Many changes – those we notice, and those that escape our attention until we are quite a ways down a new path – are only the tip of the iceberg of the change that individuals and society are experiencing as a result of the technological developments of the past couple of decades. Introducing technology into every area of our lives, every aspect of our work, and every pocket of our clothes has far-reaching effects, which researchers are only just now uncovering.

We are not only changing our behaviors; we are being changed by our new behaviors: We now conduct our …

Arbitration Clause Issues In Sharing Economy Contracts, Carissa Laughlin

Journal of Dispute Resolution

This Comment will explicate the successes and failures of sharing economy arbitration clauses, and discuss the future legal climate for companies like Airbnb and Uber. First, this Comment will give an overview of the sharing economy and its current legal implications, then it will provide an overview of arbitration clauses and their success in sharing economy contract agreements, and finally, it will evaluate the potential advantages and disadvantages of arbitration clauses in the future based on a current labor and employment suits pending against Uber.

Glacial Deposits, Vol. 42, 2017, Department Of Geography, Geology, And The Environment

Glacial Deposits

Newsletter of the Department of Geography, Geology, and the Environment