Digital Commons Network^™

Regulating By Example, Susan C. Morse, Leigh Osofsky

Faculty Publications

No abstract provided.

The Limits On Congress’S Power To Do Nothing, William P. Marshall

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 …

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

Faculty Publications

No abstract provided.

State Standing To Constrain The President, F. Andrew Hessick, William P. Marshall

Faculty Publications

No abstract provided.

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 …

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 …

Effects Of High Fat Exposure On Skeletal Muscle Autophagy And Endoplasmic Reticulum Stress, Adrienne Rose Herrenbruck

Theses and Dissertations--Kinesiology and Health Promotion

Autophagy is a major degradation mechanism, responsible for clearing damaged and dysfunctional organelles, including the endoplasmic reticulum, a structure essential for protein synthesis and myocellular hypertrophy. Alterations in autophagy throughout various tissues of the body have been linked to various negative side effects such as decreased myocellular hypertrophy and insulin resistance. High fat diets lead to changes (both increases and decreases) in autophagy in various tissues throughout the body in a tissue-specific manner.

Skeletal muscle autophagy is decreased in myotubes cultured from obese women, however the mechanism by which this occurs is unknown. As the largest organ system in the …

Community College Campuses And Sexual Minorities: The Experience Of Lgbtq Students At Community Colleges, Baron Guy Wolf

Theses and Dissertations--Educational Policy Studies and Evaluation

The purpose of this study was to examine national survey data from across the United States for respondents from two-year community colleges. Historically little empirical evidence exists in the literature about this population of students who identity as sexual minorities. The study begins with a historical overview of the LGBTQ rights movement. This provides a baseline for why studies including this invisible minority group are important and especially timely for two-year college campuses. Literature is barrowed from four-year college and university studies. Data were analyzed using the Rasch Partial Credit model. This analysis included testing for data-fit to the model, …

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 …

Informal Teacher Leadership For Technology Integration: A Multi-Site Case Study Of Distributed Leadership, Taylor J. Clements

Theses and Dissertations--Education Sciences

The goal of this study was to understand how a secondary principal uses a distributed perspective of leadership to support informal teacher leaders (ITLs) to improve classroom technology integration. Using a phenomenological lens, I employed a multi-site case study to inform the research goals. A conceptual framework based on Bandura’s (1977) social learning theory and Wenger’s (1998) communities of practice theory was used to guide the study’s methods and data collection.

Data were collected in three phases. At each site, the first phase consisted of a digital survey with only closed-ended questions that was administered to all classroom teachers. The …

Creating Identity: How Steve Biko Cultural Institute’S Black Consciousness And Citizenship Influences Student Identity Formation In Salvador, Bahia, Brazil, Sheryl Felecia Means

Theses and Dissertations--Education Sciences

The research presented in “Creating Identity” investigates Black identity formation within the Steve Biko Cultural Institute (Biko) in Salvador, Bahia, Brazil, a pre-vestibular – or college entrance exam preparation course – for Afro-Brazilian high school and aspiring college students. The curriculum, Cidadania e Consciência Negra (Black Consciousness and Citizenship; abbreviated CCN) serves as a vital pillar to the institutional approach to Black identity. In a Eurocentric society like Brazil and a world where Black identity is largely discriminated against including in educational spaces, Biko represents a movement to combat the exclusion of Afro-descendant youth from university, improve self-esteem and perceptions …

The Relationship Between Professional Development And Professional Capital: A Case Study Of International Schools In Asia, Dana Specker Watts

Theses and Dissertations--Education Sciences

The goal of this study was to investigate the interaction between professional development and professional capital within international schools in Asia. The researcher employed a multi-site case study to inform the research goals. A conceptual framework based on Hargreaves and Fullan’s (2012) professional capital theory was used to guide the study’s methods and data collection.

The data were collected in two phases. The first phase consisted of a digital survey that was distributed to ten international schools associated with the East Asia Regional Council of Schools (EARCOS) and the Office of Overseas Schools (OSS). The survey was analyzed to identify …

The Examination Of Hazing Case Law As Applied Between 1980-2013, Christopher Keith Ellis

Theses and Dissertations--Educational Policy Studies and Evaluation

This study contributes to the knowledge and understanding of the application of hazing law and response of courts to case law where hazing has been alleged between the years of 1980-2013. This study expands upon the 2009 research conducted by Carroll, Connaughton, Spengler and Zhang, which used a content analysis methodology to look at anti-hazing case law as applied in cases where educational institutions were named as defendants, and the 2002 unpublished dissertation of Guynn which explored anti-hazing case law and its application in cases involving high school students. This study examines all court cases between 1980-2013 where a judicial …

The Cinematic College Professor: Conceptions And Representations, John C. Fitch Iii

Theses and Dissertations--Educational Policy Studies and Evaluation

Depictions of college professors in American films are common, and while a number of studies have investigated various aspects of college life in motion pictures, few have focused exclusively on the cinematic professoriate. In addition to being an indelible part of history, cinematic depictions of college professors are part of the national discourse on the role and function of the faculty and university. An investigation of how college professors have been represented in American films, and how these representations are read and created by real-life college professors and filmmakers may provide a deeper understanding of the relationship between popular culture …

“From School Of Crisis To Distinguished”: How One School Continues To Defeat The Odds, Ben Crawford

Theses and Dissertations--Science, Technology, Engineering, and Mathematics (STEM) Education

Despite conditions that would work against a small rural school in an impoverish area of rural Kentucky, Fairway Elementary School has managed to excel in its accountability measures. This study used a mixed-methods approach with data collected through interviews and MAP student growth scores in reading and mathematics. Five themes emerged from the qualitative data regarding school success: (1) a well-organized intervention system, (2) a focus on and overall enjoyment of the discipline of mathematics, (3) involvement of parents in school functions, (4) transparency of needs and organization of resources, and (5) an overall school culture that is competitive, impactful, …

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 …

Paracest Agents Encapsulated In Reverse Nano-Assembled Capsules (Racs): How Slow Molecular Tumbling Can Quench Cest Contrast, Annah Farashishiko, Jacqueline R. Slack, Mauro Botta, Mark Woods

Chemistry Faculty Publications and Presentations

Although paraCEST is a method with immense scope for generating image contrast in MRI, it suffers from the serious drawback of high detection limits. For a typical discrete paraCEST agent the detection limit is roughly an order of magnitude higher than that of a clinically used relaxation agent. One solution to this problem may be the incorporation of a large payload of paraCEST agents into a single macromolecular agent. Here we report a new synthetic method for accomplishing this goal: incorporating a large payload of the paraCEST agent DyDOTAM3+ into a Reverse Assembled nano-Capsule. An aggregate can be generated between …

Drone Deliveries Logistics, Efficiency, Safety And Last Mile Trade-Offs, Miguel A. Figliozzi, Chad Tucker, Polina Polikakhina

Civil and Environmental Engineering Faculty Publications and Presentations

Unmanned aerial vehicles (UAV) or drone last mile deliveries are receiving a lot of attention from startups and big companies like Google, Amazon, and UPS. Around the world there are already examples of successful small scale delivery operations utilizing drones. Despite all the hype and excitement around this topic, there is surprisingly little research done on understanding the capabilities and technical tradeoffs among drones that are currently available in the market. The goal of this paper is to survey currently available multicopter drones and analyze them in terms of their potential for last mile and last yard deliveries. Novel data …

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%; …

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: …

Borders And Bits, Jennifer Daskal

Vanderbilt Law Review

Our personal data is everywhere and anywhere, moving across national borders in ways that defy normal expectations of how things and people travel from Point A to Point B. Yet, whereas data transits the globe without any intrinsic ties to territory, the governments that seek to access or regulate this data operate with territorial-based limits. This Article tackles the inherent tension between how governments and data operate, the jurisdictional conflicts that have emerged, and the power that has been delegated to the multinational corporations that manage our data across borders as a result. It does so through the lens of …

Introduction To “Dispute Resolution And Political Polarization", Rafael Gely

Journal of Dispute Resolution

Dispute resolution practitioners and scholars know conflict. In fact, some would say that we love conflict. And yet, despite our affinity with conflict, the polarization that is evident in today’s public space has been disconcerting. While we generally operate in a space where we are constantly exploring options, seeking compromise, helping participants explore their interests and finding ways to move towards agreement, what seems like an inability to even engage in any kind of dialogue is troubling. These and other related concerns led the editors of the Journal of Dispute Resolution to solicit contributions from seven well-known conflict resolution scholars …

Living With No: Political Polarization And Transformative Dialogue, Erik Cleven, Robert A. Baruch Bush, Judith A. Saul

Journal of Dispute Resolution

We argue that dispute resolution processes should not be seen as a substitute for the political process, but rather a complement that can help strengthen it. Based on this view, and on the authors’ experience with dialogue work in the former Yugoslavia, as well as in urban and rural settings in the United States, we argue that transformative processes, specifically an approach we call Transformative Dialogue, are best suited to addressing the challenges of political polarization both in the United States and internationally. This is because the primary goal of transformative processes is not to reach agreement or find common …

One Idea For Ameliorating Polarization: Reviving Conversations About An American Spirit, Nancy H. Rogers

Journal of Dispute Resolution

Historian David McCullough tells those discouraged about the nation’s current problems that Americans have an “inexhaustible source of strength”: “our story, our history, who we are, how we got to where we are, … all we have been through, what we have achieved” and our “national ambitions.” McCullough calls this the “American spirit” and urges Americans to articulate a current version. Some might express pessimism about this project – after all, one poll indicates that most Americans think we are losing an American spirit. Other commentators agree with McCullough, though, that Americans should endeavor to identify an American spirit that …

Building Conflict Resilience: It's Not Just About Problem-Solving, Robert C. Bordone

Journal of Dispute Resolution

Political polarization in the United States and internationally has increased enormously in the past decade, resulting in legislative impasse in some countries, political instability and partisan re-alignment in others, and decreased levels of communication, trust, and cooperation across partisan lines in schools, communities, and across the nation. As partisan polarization has increased, I have observed several perceptible changes in the way law school students engage each other around political differences and conflict in the classroom. From conversations with my colleagues, I am not alone in observing these trends.

State Legislative Update, Ryan Corrigan, Samantha Groark, Alison Matusofsky, John Roark, Joshua Sieg

Journal of Dispute Resolution

No abstract provided.

Online Dispute Resolution For Divorce Cases In Missouri: A Remedy For The Justice Gap, Danielle Linneman

Journal of Dispute Resolution

This Comment will analyze the use of ODR for divorce disputes in Missouri by first explaining the use of ODR and then analyzing its evolution. How ODR has grown on a global level and entered the realm of family law will also be viewed, as well as how other countries have used ODR to successfully resolve divorce case disputes. Recent proposals in the United States for use of ODR programs to resolve domestic disputes will be discussed, before evaluating how ODR programs could be implemented into Missouri’s legal system as a way to begin shaping the future of America’s family …

Multiple Acquisitions Of Pathogen-Derived Francisella Endosymbionts In Soft Ticks, Jonathan G. Gerhart, H. Auguste Dutcher, Amanda E. Brenner, Abraham S. Moses, Libor Grubhoffer, Rahul Raghavan

Biology Faculty Publications and Presentations

Bacterial endosymbionts of ticks are of interest due to their close evolutionary relationships with tick-vectored pathogens. For instance, whereas many ticks contain Francisella-like endosymbionts (FLEs), others transmit the mammalian pathogen Francisella tularensis. We recently sequenced the genome of an FLE present in the hard tick Amblyomma maculatum (FLE-Am) and showed that it likely evolved from a pathogenic ancestor. In order to expand our understanding of FLEs, in the current study we sequenced the genome of an FLE in the soft tick Ornithodoros moubata and compared it to the genomes of FLE-Am, Francisella persica—an FLE in the soft tick Argus (Persicargas) …

Connecting Chemistry To Community With Deliberative Democracy, Regis Komperda, Jack Barbera, Erin Shortlidge, Gwen Shusterman, Stem Education And Equity Institute, Portland State University

Biology Faculty Publications and Presentations

Science education communities have called for rethinking curricula to improve student understanding of the nature of science and the role of science in addressing controversial modern issues such as climate change, energy policy, and pollution levels. One approach to meeting this call is integrating these topics into class activities that require students to use discussion and scientific approaches to solve problems and deliberate potential policy solutions. Deliberative democracy (DD) is one such active learning approach in which students work in peer groups to reach a consensus on a scientific topic relevant to both real-world issues and course content. During DD …