Digital Commons Network^™

Copyright And Fair Use For Graduating Studio Art Majors, Jessica Hronchek

Faculty Publications

This lesson was designed as a part of a seminar for art majors preparing work for their Senior Show and is intended to inform students preparing to begin careers as practicing artists or art educators. The lesson incorporates a short lecture on copyright and fair use, a class discussion about copyright and artistic practice based on preparatory readings, an in-class research exercise of art copyright case studies, and student presentations on their findings and opinions. In addition to raising awareness of copyright and the CAA Code of Best Practices in Fair Use for the Visual Arts, this lesson is particularly …

Invited Essay: Investigating Family Voices From The Margins, Lynn H. Turner, Richard West

College of Communication Faculty Research and Publications

This essay surveys articles from the Journal of Family Communicationto make the argument that our journal needs to feature more scholarship on families that heretofore have been virtually ignored or marginalized. We discuss four types of diversity to consider when exploring questions of family communication, and review three imperatives for making this argument.

Touch Dna And Chemical Analysis Of Skin Trace Evidence: Protecting Privacy While Advancing Investigations, Mary Graw Leary

Scholarly Articles

Forensic science transforms criminal investigations by resolving previously unsolvable cases and bringing an increased sense of justice to communities. This application of scientific disciplines to legal questions aids investigators in solving crimes. While many sciences can be utilized—such as physics (pattern evidence), chemistry (toxicology), or biology (cause of death), to name a few—two aspects of scientific advancement have played an outsized role in responding to crime. Trace evidence analysis—specifically, deoxyribonucleic acid (DNA) analysis—is an essential component to an effective and accurate criminal justice system. DNA evidence has emerged as a powerful tool to identify perpetrators of unspeakable crimes and to …

Re-Evaluating The Demise Of The Average, Ordinary, Reasonable Person: Unintended Consequences In The Law Of Nuisance, George P. Smith Ii, William P. Lane

Scholarly Articles

This Article advocates for a wider pleading use of the tort of nuisance—this, because of the unresolved complexities in the doctrine of causation which continue to plague an effective use of negligence. The confusing awkwardness or, perhaps, the actual demise, of the notion of an average, ordinary, reasonable person so essential to improving negligent wrongdoing has caused aggravation over the years and, indeed, given rise to a state of torbidity.

The judiciary can more easily resolve this evidentiary quagmire by shifting its judicial attention and analysis to the tort of nuisance. With alarming social indicators and statistical projections, confirming the …

Failed Charity: Taking State Tax Benefits Into Account For Purposes Of The Charitable Deduction, Roger Colinvaux

Scholarly Articles

The Tax Cuts and Jobs Act (TCJA) substantially limited the ability of individuals to deduct state and local taxes (SALT) on their federal income tax returns. Some states are advancing schemes to allow taxpayers a state tax credit for contributions to a charity controlled by the state. The issue is whether state tax benefits are deductible as a charitable contribution for purposes of the federal income tax. Under a general rule of prior law—the full deduction rule—state tax benefits were ignored for purposes of the charitable deduction. If the full deduction rule is applied to the state workaround schemes, then …

Kennedy’S Last Term: A Report On The 2017–2018 Supreme Court, Kevin C. Walsh, Marc O. Degirolami

Scholarly Articles

Twenty-eighteen brought the end of Justice Anthony Kennedy’s tenure on the Supreme Court. We are now entering a period of uncertainty about American constitutional law. Will we remain on the trajectory of the last half-century? Or will the Court move in a different direction?

The character of the Supreme Court in closely divided cases is often a function of the median justice. The new median justice will be Chief Justice John Roberts if Kennedy’s replacement is a conservative likely to vote most often with Justices Clarence Thomas, Neil Gorsuch, and Samuel Alito. This will mark a new phase of the …

The "Irish Born" One American Citizenship Amendment, Kevin C. Walsh

Scholarly Articles

Our Constitution has a deferred maintenance problem because we have fallen out of the habit of tending to its upkeep ourselves. The silver lining is a double benefit from any constitutional maintenance projects that we undertake now. These projects are good not only for what they do to our Constitution, but also for making us exercise self-government muscles that have atrophied from civic sloth.

Fortunately, the time has never been better to repeal one of our Constitution’s most pointlessly exclusionary provisions. The President of the United States is married to a naturalized citizen. And nobody can legitimately question the patriotism …

Without Evidence: Joel Richard Paul’S John Marshall, Kevin C. Walsh

Scholarly Articles

John Marshall—soldier, lawyer, legislator, statesman, and fourth chief justice of the United States—led a long public life that spanned from the American Revolution to the rise of Jacksonian democracy. Joel Richard Paul’s full-length biography takes the reader from Marshall’s birth on the Virginia frontier in 1755, to his death in 1835 at the head of an American judiciary that had gained significantly in power and respect because of Marshall’s leadership over the preceding 34 years.

You Are What You Write, Yumeng Wang

Graduate Theses/Dissertations

This creative thesis consists of six short stories with different lengths and styles. For the introduction, I discuss how my work is influenced by various aspects of cultural background, with examples including writers from Zitkala-Ša and Richard Wright to Celeste Ng. Cultural background is the key to understand most of the characters in the different stories. After the critical introduction, readers will have a general idea of my stories with a sense of how the relationship between different groups of people shape them to act and live under the influence of their cultural backgrounds and environment they were brought up …

Block-Copolymer Assisted Fabrication Of Anisotropic Plasmonic Nanostructures, Calbi J. Gunder

Graduate Theses/Dissertations

The anisotropic nanostructures of noble metals are of great interest for plasmonic applications due to the possibility of tuning the localized surface plasmon resonance (LSPR) across the UV-VIS-NIR without sacrificing the linewidth as well as to achieve larger local field enhancement. Here, we report a simple and promising fabrication method of anisotropic gold nanostructures film using polystyrene-b-2vinylpyridine (PS-b-P2VP) block copolymers (BCP) as a template. In this approach, PS-b-P2VP spherical micelles were first synthesized as a template followed by selective deposition of Au precursor inside P2VP core of the micelles using ethanol solution of Au salt. Subsequently, heat treatment of the …

Increasing Alligator Snapping Turtle Head-Starting Success Through Housing Enrichment And Inoculation Of Hatchlings With Digestive Microbiota, Kristen Erin Sardina

Graduate Theses/Dissertations

Due to historic overharvest and habitat degradation, the alligator snapping turtle (Macrochelys temminckii) has experienced population declines throughout its range. Tishomingo National Fish Hatchery in southern Oklahoma began a captive head-start program for this species in 2000 and has since released over 1,400 turtles in the region. However, there has been a recurring trend of turtles growing faster after release than while in captivity. My research sought to investigate this pattern by determining: 1) the influence of housing enrichment and housing density on juvenile growth rates and stress in indoor enclosures, and 2) the effects of supplementing hatchlings …

Who Are “Officers Of The United States”?, Jennifer L. Mascott

Scholarly Articles

For decades courts have believed that only officials with “significant authority” are “Officers of the United States” subject to the Constitution’s Article II Appointments Clause requirements. But this standard has proved difficult to apply to major categories of officials. This Article examines whether “significant authority” is even the proper standard, at least as that standard has been applied in modern practice. To uncover whether the modern understanding of the term “officer” is consistent with the term’s original public meaning, this Article uses two distinctive tools: (i) corpus linguistics-style analysis of Founding-era documents and (ii) examination of appointment practices during the …

Gundy V. United States: Reflections On The Court And The State Of The Nondelegation Doctrine, Jennifer L. Mascott

Scholarly Articles

This short "reflections" essay is an invited piece that addresses the Supreme Court's consideration of the "nondelegation doctrine" this coming Term in Gundy v. United States. The Court has not found any statutory provision to be unconstitutional on nondelegation grounds since 1935. Will that change this Term when the Court evaluates the Attorney General's authority to retroactively apply federal sex offender registration requirements to individuals convicted prior to enactment of those statutory rules? Will the new makeup of the Court after Justice Kennedy's retirement impact the likely outcome of this nondelegation challenge?

The Dictionary As A Specialized Corpus, Jennifer L. Mascott

Scholarly Articles

No abstract provided.

Unbundling Employment: Flexible Benefits For The Gig Economy, Seth C. Oranburg

Scholarly Articles

Federal labor law requires employers to give employees a rigid bundle of benefits, including the right to unionize, unemployment insurance, worker’s compensation insurance, health insurance, family medical leave, and more. These benefits are not free—benefits cost about one-third of wages—and someone must pay for them. Which of these benefits are worth their cost? This Article takes a theoretical approach to that problem and proposes a flexible benefits solution.

Labor law developed under a traditional model of work: long-term employees depended on a single employer to engage in goods-producing work. Few people work that way today. Instead, modern workers are increasingly …

Naming Brazil's Previously Poor: “New Middle Class” As An Economic, Political, And Experiential Category, Charles H. Klein, Sean T. Mitchell, Benjamin Junge

Anthropology Faculty Publications and Presentations

The early years of the 21st century were historic for socioeconomic relations in Brazil. While long known for stark socioeconomic inequality, the nation became internationally celebrated for its economic growth and successful poverty-reduction initiatives, which together propelled some 35 million “previously poor” Brazilians into what became called a “new middle class.” The apparent rise of this “new” class has generated contentious debates and a range of social science studies in Brazil; yet this literature is little known in the Anglophone academic world. While some have interpreted this demographic transformation as an expansion of the existing middle class, others have questioned …

The Extended Evolutionary Synthesis Facilitates Evolutionary Models Of Culture Change, Cameron M. Smith, Liane Gabora, William Gardner-O’Kearney

Anthropology Faculty Publications and Presentations

The Extended Evolutionary Synthesis (EES) is beginning to fulfill the whole promise of Darwinian insight through its extension of evolutionary understanding from the biological domain to include cultural information evolution. Several decades of important foundation-laying work took a social Darwinist approach and exhibited ecologically-deterministic elements. This is not the case for more recent developments to the evolutionary study of culture, which emphasize non-Darwinian processes such as self-organization, potentiality, and epigenetic change.

The Jackson Purchase: A Dramatic Chapter In Southern Indian Policy And Relations

Jackson Purchase Historical Society Journal Archive

The Jackson Purchase: A Dramatic Chapter in Southern Indian Policy and Relations

Thomas D. Clark

Factor Structure And Psychometric Properties Of Cognitive-Behavioral Scales In Caregivers Of Persons With Dementia, Abir K. Bekhet, Mauricio Garnier-Villarreal

College of Nursing Faculty Research and Publications

Background/Purpose

Caregiving can be costly to dementia caregivers' well-being. Assessing the factor structure and psychometric properties of Cognitive-Behavioral Scales in dementia caregivers is an essential step in addressing the gap in the current state of research. Specifically, it is essential to determine first whether the factorial structure of the three measures used in this study namely, the Positive Thinking Skills Scale, the Revised Memory and Behavior Problems Checklist, and the Zarit Burden Interview are good representation of the data by studying the good model fit. Next, evaluating the reliability of each factor of the three measures used are essential to …

Environmental And Genetic Factors Affecting Antibiotic Resistance Of Extended Spectrum Î?-Lactamase Bacteria From The Rio Grande River In El Paso, Tx And Cd. Juarez, Mexico, Maria D. Fuentes

Open Access Theses & Dissertations

Background: The Rio Grande River provides a major source of potable and agricultural water for the population of the Texas/Mexico border region. Cattle farming and ranching are the most prevalent activities, which may contribute to the microbial burden of pharmaceuticals into our state's water resources. Antibiotics, presumably released into the environment by discharges originating from waste-water treatment plants, septic disposal systems, animal feeding operations and urban runoff have a definite impact on the ecosystem and may contribute to an increase in antibiotic resistance. We hypothesized that waters of the Rio Grande River contained Multi Drug Resistant Organisms (MDRO) and mobile …

Communication Barriers Between Patients And Healthcare Providers Regarding Disclosure Of Herbal Product Use, Armando S. Gonzalez

Open Access Theses & Dissertations

A considerable portion of our international border Hispanic population traditionally uses medicinal herbs as an alternative option for treating various chronic diseases and may take them alongside prescribed medications. More in-depth research is very necessary to determine why and under what conditions patients use herbs concomitant to medications, and why many do not discuss this with their physicians. Barriers to communication between patients and healthcare providers can encourage non-disclosure of herbal product use, which may interfere with prescribed medications, placing patients at serious risk for various herb-drug interactions. This qualitative descriptive study utilized purposive sampling, employing six focus groups consisting …

2018-2019 Graduate Catalog, Morehead State University.

Morehead State Catalog Archive

2017-2018 Graduate catalog for Morehead State University.

An Adaptive Creep Modeling Approach Using Metamodeling, Mohammad Shafinul Haque

Open Access Theses & Dissertations

Recent drives to increase the efficiency of existing fossil energy power plants and the development of Advanced Ultrasupercritical power plants, have led to designs with steam pressures above 4000 psi and temperatures exceeding 1400°F. The complexity of the applied thermo-mechano chemical boundary conditions makes it critically important to consider creep and creep related failures. A primary concern to FE practitioners is the determination of which constitutive models are the "best", capable of reproducing the mechanisms expected in an intended design accurately; as well as what experimental data sets are proper or "best" to use for fitting the constitutive parameters needed …

Evaluating Fold And Thrust Systems Within An Inverted Basin: Indio Mounntains, West Texas, Myra Guerrero

Open Access Theses & Dissertations

Fold and thrust belts often are complicated by out of sequence thrust faulting and inverted basins display these structures particularly often due to reactivation of original normal faults as well as complex topographic evolution. The Indio Mountains lie along the northern margin of the Chihuahua trough which formed as a mid-Cretaceous extensional basin and was subsequently shortened during the Laramide orogeny, making the Indio Mountains an exceptional site for studies of structures produced by large scale basin inversion. This study focuses on the subsurface structures in a complexly imbricated thrust window developed along the paleo rift basin margin.

This study …

Literacies Of The Disaster Zone: New Media Genres And Participatory Rhetorics After The 2010 Gulf Of Mexico Oil Spill, R. J. Lambert

Open Access Theses & Dissertations

On April 20, 2010, explosions at the British Petroleum (BP) Macondo Project in the Gulf of Mexico initiated what would become the world's largest accidental release of oil into the ocean. This ecological disaster, a unique combination of natural and human causes, is one of many significant traumas over approximately the last two decades that various stakeholders have documented, participated in, and responded to largely through the expanding and increasingly ubiquitous media of the internet, computers, cell phones, and other networked communicative technologies, which both enable and constrain the variety of responses to traumatic events.

This Dissertation improves our understanding …

Change In The Organization Socialization Of The United States Border Patrol's Basic Law Enforcement Training Academy: A Supervisor's Perspective, Vic M. Manjarrez

Open Access Theses & Dissertations

This study examines the role of a changed organizational socialization process on supervisory adaptation. The research study is motivated by the central question: how do supervisors adapt in their role as supervisors when the initial organizational socialization process has changed. Literature on socialization in policing has focused almost exclusively on long-term job satisfaction, while literature on police supervisory adaptation centers on leadership approaches. Previous research on police socialization clearly indicates the process is a series of stages filled with "rite of passages". There is no distinction between the socialization of a non-supervisor officer versus a supervisory officer. The literature is …

On Racial Barriers, Kayla Rachel Mehl

Open Access Theses & Dissertations

My Thesis examines: the nature of racial barriers, by what means racial barriers manifest in society, and the ways in which we can use racial barriers to evolve toward a more just society. I argue that within particular contexts a look of the Other will construct a racial barrier between racialized bodies. More specifically, when one perceives a threat from a look of the Other, one will undertake a particular-what social psychologists call-self-representation, in attempt to exhibit a particular type of persona they feel is called for in that context. Furthermore, I argue in my paper that racial barriers emerge …

Spatial Genres Of Revitalization: Desiring-Machines And The Production Of Public Subjects, Larry S. Morgan

Open Access Theses & Dissertations

This project, Spatial Genres of Revitalization: Desiring-Machines and the Production of Public Subjects, is guided by the need to understand how the recent changes in El Paso's gentrifying downtown are impacting the development of public subjectivities. This Thesis is concerned with how the formation of public subjectivities is occasioned by changes in a city undergoing "revitalization" in terms of how people move through urban space. At the same time it is also concerned with how the people moving these spaces imagine and configure it to different ends which surpass the intention and violence of gentrification.

To this end, Spatial Genres …

Characterization Of 3d Printed Polylactic Acid/ Polycaprolactone/Titanium Dioxide Composites For Bone Replacement And Grafting, Sandra Elena Najera Beltran

Open Access Theses & Dissertations

A material that mimics the properties of bones was developed by optimizing the ratio of polymer composites of polylactic acid (PLA) and poly-ε-caprolactone (PCL), containing small amounts of titanium oxide (TiO2). Although titanium-based alloys have commonly been used for bone replacement procedures due to their biocompatibility with the human body and their mechanical properties, stress shielding continues to be a problem. The structure of a bone has a porosity which permits the flow of nutrients, blood, oxygen and minerals, and is an issue at the time of creating bone replacements using conventional methods. PLA and PCL have been used in …

Process Evaluation Of The Batterer Intervention And Prevention Program Of The Center Against Sexual And Family Violence In El Paso, Texas, Kathleen Anne O'Connor

Open Access Theses & Dissertations

Background: Intimate partner violence (IPV) is a significant public health issue. One in five women and one in seven men will experience severe physical violence from an intimate partner in their lifetime in the US; and one in three women globally (Breiding, Basile, Smith, Black, & Mahendra, 2015; World Health Organization, 2017). Notwithstanding such stark statistics, there is a gap in research on batterers and on batterer intervention and prevention programs (BIPP). Purpose: Program processes related to follow-up of clients were evaluated at the Center Against Sexual and Family Violence Batterer Intervention and Prevention Program (CASFV BIPP) through a mixed-methods …