Digital Commons Network^™

Interpreting Contracts Without Context, John F. Coyle, W. Mark C. Weidemaier

Faculty Publications

No abstract provided.

Sexual Orientation And Gender Identity Discrimination, Holning S. Lau

Faculty Publications

No abstract provided.

Regulating By Example, Susan C. Morse, Leigh Osofsky

Faculty Publications

No abstract provided.

Editing Nature: Reconceptualizing Biotechnology Governance, Jonas J. Monast

Faculty Publications

No abstract provided.

Sex And Religion: Unholy Bedfellows, Mary-Rose Papandrea

Faculty Publications

No abstract provided.

Automation And The Income Tax, Kathleen Delaney Thomas

Faculty Publications

No abstract provided.

The Madness Of Insane Delusions, Kevin Bennardo

Faculty Publications

This Article shares two ideas for reform of the law surrounding testators' expressed preferences and the doctrine of insane delusions.

First, the doctrine of insane delusions should not be applied to devises that seek to advance beliefs, ideas, or viewpoints. There is just too great of a risk that judges and juries will strike down such devises when the testator’s viewpoints diverge from their own.

Second, the time may have come to admit that the law of wills is not as committed to the principle of testamentary freedom as it is often espoused to be. The literature is rife with …

Beware The Trademark Echo Chamber: Why Federal Courts Should Not Defer To Uspto Decisions, Deborah R. Gerhardt

Faculty Publications

This Article explains why federal courts should not defer to United States Patent and Trademark Office (USPTO) trademark decisions. Under United States trademark law, actual use of a mark on specific goods or services is required to support federal trademark registration. The USPTO processes a tremendous volume of applications to register trademarks. In order to do so expeditiously, trademark examiners use heuristics drawn from past USPTO registration data. While markets continually change, each trademark registration is updated at five or ten-year renewal intervals. Accordingly, much of the data does not reflect current market use. A recent audit established that many …

Consenting To Adjudication Outside The Article Iii Courts, F. Andrew Hessick

Faculty Publications

No abstract provided.

Corporate Bankruptcy Hybridity, Melissa B. Jacoby

Faculty Publications

No abstract provided.

Devalued Liberty And Undue Deference: The Tort Of False Imprisonment And The Law Of Solitary Confinement, Efrat Arbel

All Faculty Publications

Despite numerous calls for reform and restraint, solitary confinement continues to be both misused and overused in Canadian prisons. This paper charts a path through which to address such misuse, but analyzing solitary confinement through the tort of false imprisonment. This analysis is new: while some scholars have examined how other branches of tort law can address harms caused by solitary confinement, none have examined the application of this tort. I argue that the tort of false imprisonment provides segregated prisoners with an effective means through which to seek compensation for individual harm. As an intentional tort that is actionable …

Survey Of Bibliotherapy In Hospital Libraries Of Iran Based On Swot Model, Hassan Behzadi Dr, Tayebeh Naser Delshad, Iraj Radad Dr

Library Philosophy and Practice (e-journal)

Abstract

Purpose: The present study was performed with aim to survey bibliotherapy in hospital libraries of Iran based on SWOT model.

Methods / Approach: The current applied research has been conducted through a survey method. The statistical population of the study consisted of 30 librarians and managers of 14 hospital libraries in Iran. The research tool was a researcher-made questionnaire consisting of 7 dimensions and 80 questions. Its validity was confirmed by experts and its reliability was confirmed by Cronbach's alpha coefficient.

Results: Hospital libraries of Mashhad had strength in 19 components and had basic weakness in 31 components. …

Uncovering The Lost Knowledge Of The Imagination In Films, Seda, Daniel A.

Journal of Conscious Evolution

Films have forever changed the way in which humans perceive reality and have provided significant opportunities to spread knowledge in ways that are both entertaining and deceptive. Uncovering the lost knowledge of the imagination shifts an individual’s perceptions of a shared experience and exposes film’s persuasive power to penetrate the psyche. This paper explores the constitutions of reality and how humans are able to tap into other realms of consciousness through mediums of creative expression. Topics such as the origins of life, the hidden knowledge of secret societies, and the burgeoning full disclosure movement for truth are discussed as a …

Muscle Synergy During A Single Leg Standing Test In Ambulatory Children With Cerebral Palsy, Brennan L. Smith

Theses and Dissertations--Kinesiology and Health Promotion

INTRODUCTION: Cerebral Palsy (CP) is a sensorimotor disorder characterized by dysfunctional motor coordination, balance problems, and loss of selective motor control. Motor coordination exhibited as co-contraction, has been subjectively quantified using gait analysis, but recent studies have begun to objectively analyze the amount of co-contraction by collecting electromyography (EMG) data. Center of pressure excursion (COPE) measurements collected during a single leg standing test (SLST) have shown to be more valid measurements of balance in populations with motor disabilities than a SLST alone. A recent study has correlated increased COPE velocity with a lower fall risk as determined by reported fall …

Predictors Of Arterial Stiffness In Law Enforcement Officers, Jason Michael Keeler

Theses and Dissertations--Kinesiology and Health Promotion

The prevalence of cardiovascular disease (CVD) among law enforcement officers (LEOs) is slightly higher than the general population. Furthermore, the prevalence of CVD doubles among LEOs following retirement compared to the general population. The measure of arterial stiffness serves as an independent risk factor that has prognostic value for future incidence of CVD. However, there is limited research on lifestyle, occupational, and demographic factors that may be associated with increased arterial stiffness in LEOs. Therefore, the purpose of this investigation was to compare the level of arterial stiffness among LEOs versus the general population and to identify lifestyle, occupational, and …

Muscle Activation Analysis With Kinematic Comparison Between Wind-Up And Stretch Pitching With Respect To The Upper And Lower Extremities, Megan M. Smidebush

Theses and Dissertations--Kinesiology and Health Promotion

Introduction: Baseball pitching is considered one of the most intense aspects within the game of baseball, as well as the most complicated dynamic throwing task in all of sports. The biomechanics of pitching have been heavily investigated in an attempt to identify optimal pitching mechanics in terms of pitching performance. Previous quantified upper body kinetics research has concluded that improved muscle strength is needed in attempting to achieve adequate upper body kinetics and efficient pitching performances. Therefore, it is the purpose of this research study to compare the lower extremity muscle and upper extremity muscle activation patterns and kinematic variables …

Effects Of Inertial Load On Sagittal Plane Kinematics During Flywheel-Based Resistance Training Squats, Katherine Sara Worcester

Theses and Dissertations--Kinesiology and Health Promotion

Background: Training to increase muscular power is essential for improving athletic performance in most sports. Weight training (WT) is a common means for training muscular power. Another modality, flywheel resistance training (FRT), may be superior for improving muscular power. However, few studies have examined if FRT is kinematically similar to WT, or if FRT kinematics change with increasing inertial load. The purposes of this study were to determine how sagittal plane joint kinematics are affected by increasing inertial load during FRT squats, and to determine how FRT squat joint kinematics compare to WT squat joint kinematics.

Methods: Subjects (n=9) completed …

The Biomechanical Impact Of Weight On The Lower Extremity, Amanda Lee Ransom

Theses and Dissertations--Kinesiology and Health Promotion

Background: Obesity is a chronic disease characterized by a body mass index (BM1) of ≥ 30 kg/m² which negatively impacts the musculoskeletal system and has been found to be a major contributing factor to obesity-induced biomechanical alterations during activities of daily living (ADLs). A certain level of mobility is required for all populations to maintain independence and a good quality of life becomes more difficult with excess weight. Using a reduced weight-bearing activity, such as the Alter Gravity treadmill, would be beneficial in an obese population to reduce the load on the joints and potentially decrease the risk of …

An Examination Of Relations Among Fear, Guilt, Self-Compassion, And Multicultural Attitudes In White Adults, Whitney W. Black

Theses and Dissertations--Educational, School, and Counseling Psychology

Structural racism is often perpetuated by well-intentioned White individuals who passively accept or are unaware of its existence. However, when their perceptions and understanding of the world are challenged through learning about structural racism, White people may experience emotions such as fear, and guilt, which seem to serve either a debilitating or a motivating role in multicultural attitude development. Self-compassion, which is the ability to process distressing emotions without resorting to avoidance of the emotional experience, may help White individuals work through strong negative affect that accompanies an awareness of structural racism and ultimately aid in the development of multicultural …

Physical Educator Perceptions Of Professional Development: A Phenomenological Study, Eric T. Moore

Theses and Dissertations--Education Sciences

The objective of this study was to explore the perceptions physical educators had of a phenomenon: professional development (PD). Specifically, the study sought to understand the following question: how do physical educators perceive PD? Said in the spirit of phenomenological research, this study aimed to explore the lived experience of PD from the perspective of elementary physical education teachers. Subsequent research questions included: (a) How do physical educators perceive PD in relation to their physical education program’s role in public health?; (b) What perceptions, including potential barriers and facilitators, do physical educators have of PD?; and (c) In what ways …

Examination Of Resistance Settings Based On Body Weight For The 3-Minute All-Out Critical Power Test, Marlene J. Schulte, Jody L. Clasey, Bradley S. Fleenor, Haley C. Bergstrom

Kinesiology and Health Promotion Faculty Publications

There are conflicting suggestions regarding the most valid resistance (3-5% of body weight) to use for the critical power (CP) 3-min all-out (CP_3min) test to estimate CP and anaerobic work capacity (AWC). The purpose of this study was to determine if the CP and AWC estimates from the CP_3min test were affected by the percentage of body weight used to set the resistance on a Monark cycle ergometer. Ten recreationally trained participants (mean ± SD: Age: 22.2 ± 2.2 yrs.) completed the CP_3min test at resistances of 4.5% (CP_4.5%) and 3% (CP_3%) …

The Birth Of The Movement To Prohibit The Unauthorized Practice Of Law, Laurel A. Rigertas

Faculty Articles, Papers, and Other Scholarship

Despite its omnipresence in the field, there is no comprehensive history of the legal profession's effort to prohibit the unauthorized practice of law ("UPL"), by persons or entities who do not have a license to engage in such work. Drawing on original historical research, this article provides the most comprehensive view, to date, of the birth of the modem movement to prohibit the unauthorized practice of law. While bar associations' efforts to prohibit the unauthorized practice of law exploded nationwide in the 1930s, they sowed the seeds for the movement during the several decades preceding the Great Depression. Focusing on …

Benefit Of Polyandry In A Monandrous Species When Females Mate With Already Mated Males, Bethia H. King

Faculty Articles, Papers, and Other Scholarship

Female mating frequency varies among animal taxa. A benefit to females of remating has usually been found, but almost all tests have been with polyandrous species. A species being monandrous does not guarantee that mating only once benefits the female, instead the monandry may result from sexual conflict, where her failure to remate benefits her mate, but not her. The parasitoid wasp Spalangia endius (Hymenoptera: Pteromalidae) is highly monandrous. Females do not benefit from either immediate or delayed remating when their first mate is virgin. However, some females are likely to mate with already mated males because sex ratios are …

Sunning Themselves In Heaps, Knots, And Snarls: The Extraordinary Abundance And Demography Of Island Watersnakes, Richard B. King

Faculty Articles, Papers, and Other Scholarship

Snakes represent a sizable fraction of vertebrate biodiversity, but until recently, data on their demography have been sparse. Consequently, generalizations regarding patterns of variation are weak and the potential for population projections is limited. We address this information gap through an analysis of spatial and temporal variation in demography (population size, annual survival, and realized population growth) of the Lake Erie Watersnake, Nerodia sipedon insularum, and a review of snake survival more generally. Our study spans a period during which the Lake Erie Watersnake was listed as threatened under the U.S. Endangered Species Act, recovered, and was delisted. We collected …

Mechanisms Controlling Copper Transport In Natural Soils, Julie A. Luisi

Civil and Environmental Engineering Master's Project Reports

Biosolids are used as amendments to agricultural soils and can be a source of trace metals. It is unknown if these land-applied trace metals travel through the soil column to the water table. This study aims to determine the transport behavior of copper in natural soils, including 'aged' soils, commercial agricultural soils that have had multiple years of biosolids applications. Using acid digests and Darcy column apparatus it was determined that factors such as pH, soil composition, especially organic matter content, and the presence of other trace metals influence copper’s complex transport behavior in these soils. Natural soil appears to …

Evaluation Of The Influence Of Wording Changes And Course Type On Motivation Instrument Functioning In Chemistry, Regis Komperda, Kathryn N. Hosbein, Jack Barbera

Chemistry Faculty Publications and Presentations

Increased understanding of the importance of the affective domain in chemistry education research has led to the development and adaptation of instruments to measure chemistry-specific affective traits, including motivation. Many of these instruments are adapted from other fields by using the word ‘chemistry’ in place of other disciplines or more general ‘science’ wording. Psychometric evidence is then provided for the functioning of the new adapted instrument. When an instrument is adapted from general language to specific (e.g. replacing ‘science’ with ‘chemistry’), an opportunity exists to compare the functioning of the original instrument in the same context as the adapted instrument. …

Boiling Points Of The Propylene Glycol + Glycerol System At 1 Atmosphere Pressure: 188.6–292 °C Without And With Added Water Or Nicotine, Anna K. Duell, James F. Pankow, Samantha M. Gillette, David H. Peyton

Chemistry Faculty Publications and Presentations

No abstract provided.

Device Therapies Among Patients Receiving Primary Prevention Implantable Cardioverter-Defibrillators In The Cardiovascular Research Network, Robert T. Greenlee, Alan S. Go, Pamela N. Peterson, Andrea E. Cassidy-Bushrow, Charles Gaber, Romel Garcia-Montilla, Alan H. Kadish

Office of the President Publications and Research

BACKGROUND: Primary prevention implantable cardioverter-defibrillators (ICDs) reduce mortality in selected patients with left ventricular systolic dysfunction by delivering therapies (antitachycardia pacing or shocks) to terminate potentially lethal arrhythmias; inappropriate therapies also occur. We assessed device therapies among adults receiving primary prevention ICDs in 7 healthcare systems.

METHODS AND RESULTS: We linked medical record data, adjudicated device therapies, and the National Cardiovascular Data Registry ICD Registry. Survival analysis evaluated therapy probability and predictors after ICD implant from 2006 to 2009, with attention to Centers for Medicare and Medicaid Services Coverage With Evidence Development subgroups: left ventricular ejection fraction, 31% to 35%; …

Outer Limits Of Biotechnologies: A Jewish Perspective, John D. Loike, Alan H. Kadish

Office of the President Publications and Research

A great deal of biomedical research focuses on new biotechnologies such as gene editing, stem cell biology and reproductive medicine, which have created a scientific revolution. While the potential medical benefits of this research may be far-reaching, ethical issues related to non-medical applications of these technologies are demanding. We analyze, from a Jewish legal perspective, some of the ethical conundrums that society faces in pushing the outer limits in researching these new biotechnologies.

Secondary Teachers' Perceptions And Self-Efficacy Regarding Technology Integration: A Phenomenological Study, Christopher Brantley

Doctoral Dissertations and Projects

The purpose of this phenomenological study was to examine how teachers from various levels of technology self-efficacy perceive and implement technology within their specific classroom. Using a qualitative approach, I explored four public schools from a medium to large-sized school district in the Southeastern United States. The Technology Integration Confidence Scale (TICS) was used to purposively select 10 secondary teachers from the west side of Beach County (a pseudonym). The secondary teachers were placed into three groups based upon their individual self-efficacy level towards technology integration: (a) low, (b) average, and (c) high. Data was collected through the following methods: …