Digital Commons Network^™

Revisiting Innovative Technologies To Determine Substantial Similarity In Musical Composition Infringement Lawsuits, Yvette Joy Liebesman

All Faculty Scholarship

A music video by Sir Mashalot² combines six award-winning popular country-western songs,³ demonstrating the amazing similarity among the tunes. Not mentioned by the mash-up⁴ artist is that none of the songs are infringing on any of the others. While all copied the same chord progressions, none copied any protected copyrightable expression, and thus none of the authors of the melodies are infringing.

It is often difficult to determine if there has been unlawful copying of a song. Currently, a judge or jury relies on music experts who analyze the songs based on a limited number of characteristics …

A Critical Examination Of A Third Employment Category For On-Demand Work (In Comparative Perspective), Miriam A. Cherry, Antonio Aloisi

All Faculty Scholarship

A number of lawsuits in the United States are challenging the employment classification of workers in the platform economy. Employee status is a crucial gateway in determining entitlement to labor and employment law protections. In response to this uncertainty, some commentators have proposed an “intermediate”, “third,” or “hybrid” category, situated between the categories of “employee” and “independent contractor.”

After investigating the status of platform workers in the United States, the authors provide snapshot summaries of five legal systems that have experimented with implementing a legal tool similar to an intermediate category to cover non-standard workers: Canada, Italy, Spain, Germany, and …

Insubstantial Burdens, Chad Flanders

All Faculty Scholarship

In order to win a claim under the Religious Freedom Restoration Act (or “RFRA”), you have to show that your religious beliefs have been “substantially burdened” by a governmental law or practice. In her dissent to Hobby Lobby, Justice Ginsburg accused the majority of taking an approach to defining “substantial burden” that abdicated the judicial role in determining what a substantial burden was. In her dissent to the denial of cert in the Wheaton case, Sotomayor advanced the same line. “I do not doubt that Wheaton genuinely believes that signing the self-certification form is contrary to its religious beliefs,” she …

Talking Trump And The Twenty-Fifth Amendment: Correcting The Record On Section 4, Joel K. Goldstein

All Faculty Scholarship

The first year of the presidency of Donald J. Trump brought attention to Section 4 of the Twenty-fifth Amendment, the constitutional provision that allows the Vice President and a Cabinet majority to transfer presidential powers and duties from a President who is “unable to discharge the powers and duties” of his office. Although the ensuing media discussion included many thoughtful contributions, it also produced many mistaken assertions by scholars, journalists and other commentators regarding the importance, scope, operation, and effect of Section 4. These mistakes are troubling because they may produce enduring misunderstanding regarding a provision designed to handle some …

New Takes On Jim Crow: A Review Of Recent Scholarship, Anders Walker

All Faculty Scholarship

More than half a century has passed since C. Vann Woodward penned his iconic monograph, The Strange Career of Jim Crow, and legal segregation continues to compel. Recent works have reassessed Jim Crow’s birth, its life, and its aftermath, suggesting that the system was at once more implicated in the reproduction of racist ideas than had been previously assumed, and also more fluid: a variegated landscape of rules and norms that lent themselves to various forms of political, legal, and cultural resistance.

Energy Efficiency Effectiveness Of Smart Thermostat Based Bems, Koushik Mandlem

Graduate Theses, Dissertations, and Problem Reports (ETD)

Building Energy Management System (BEMS) is a computer-based system that can control, monitor and optimize energy consumption of the buildings. Though there are many advancements in this technology, many residential users who plan to install this technology are unaware of its economic feasibility. To determine the economic feasibility, the user should know the energy costs associated with the current HVAC system and the proposed HVAC system after installing BEMS and the implementation costs associated with the installation of the system. The work that is being proposed here is to develop a software that allows the user to observe the estimated …

Composites For Hydraulic Structures: A Review, Yingxiang Lu

Graduate Theses, Dissertations, and Problem Reports (ETD)

Composites for hydraulic structures: a review Composites have evolved over the years and are making major in-roads into the marine, aviation and other industries where corrosions and self-weight are the major impediments to advancing the state-of-the-art. Civil Works engineers have been reluctant to make use of these composite advantages, partially because of the absence of well documented success stories, accepted design and construction practices or specifications, and limited understanding of composites, higher initial costs and others. A few navigational structures using FRP composites have been designed, manufactured and installed in the United States of America and Netherlands, recently. US Army …

Spontaneous Formation Of Ion Holes And Ion Beams In Expanding Plasmas, Evan M. Aguirre

Graduate Theses, Dissertations, and Problem Reports (ETD)

Presented here are direct, spatially resolved measurements of the spontaneous formation of a steady-state, ion accelerating structure and an ion hole in the plume of an expanding, low- pressure plasma. Ion velocity distribution function (IVDF) measurements, obtained with laser induced fluorescence, are taken parallel and perpendicular to the background magnetic field in an argon helicon plasma. The parallel IVDFs show an ion beam with v ≈ 8,000 m/s flowing downstream and confined to the center of the discharge. The ion beam is measurable for tens of centimeters along the expansion axis before the LIF signal fades, likely a result of …

Adaptive Methods For Point Cloud And Mesh Processing, Zinat Afrose

Computational Modeling & Simulation Engineering Theses & Dissertations

Point clouds and 3D meshes are widely used in numerous applications ranging from games to virtual reality to autonomous vehicles. This dissertation proposes several approaches for noise removal and calibration of noisy point cloud data and 3D mesh sharpening methods. Order statistic filters have been proven to be very successful in image processing and other domains as well. Different variations of order statistics filters originally proposed for image processing are extended to point cloud filtering in this dissertation. A brand-new adaptive vector median is proposed in this dissertation for removing noise and outliers from noisy point cloud data.

The major …

Examining The Role Of Behavioral Inhibition In Harsh Parenting Preferences: An Analog Study, Kelsey T. Ellis

Psychology Theses & Dissertations

Understanding the cognitive processes involved in harsh parenting behavior would have broad implications for parenting interventions and training programs. Few studies have addressed how parental stressors, specifically infant crying, can influence individuals’ self-regulatory cognitive capacities and ultimately their preference for harsh parenting strategies. Furthermore, little research has explored the link between these cognitive processes and harsh parenting preferences; thus, little work has been done to establish a true causal relationship. This study examined the role of behavioral inhibition in harsh parenting preferences when individuals were exposed to an infant crying noise.

Participants (n = 129) were undergraduate students (Mage = …

Fiscal Effort For Pre-Kindergarten Spending And Early Literacy Achievement In Virginia, Patricia S. Williams

Educational Leadership & Workforce Development Theses & Dissertations

There is a plethora of available early childhood education research linking participation and funding to short- and long-term benefits for individuals, society, and the economy. Educational advocates, social justice proponents, and economists agree that pre-kindergarten (Pre-K) education is the best human capital investment to spur economic growth and wealth. States are faced with choices and challenges concerning Pre-K investments as a vehicle to realizing desired literacy outcomes. Virginia, in particular, is stifled by below-average proficiency rates on national and state reading assessments, as well as declines school readiness skills and early literacy rates. For this reason, the intent of this …

The Effects Of Automation Transparency And Ethical Outcomes On User Trust And Blame Towards Fully Autonomous Vehicles, Nathan Andrew Hatfield

Psychology Theses & Dissertations

The current study examined the effect of automation transparency on user trust and blame during forced moral outcomes. Participants read through moral scenarios in which an autonomous vehicle did or did not convey information about its decision prior to making a utilitarian or non-utilitarian decision. Participants also provided moral acceptance ratings for autonomous vehicles and humans when making identical moral decisions.

It was expected that trust would be highest for utilitarian outcomes and blame would be highest for non-utilitarian outcomes. When the vehicle provided information about its decision, trust and blame were expected to increase. Results showed that moral outcome …

Synthesis And Characterization Of Glycolipids, Glycoclusters And Glycomacrocycles, Anji Chen

Chemistry & Biochemistry Theses & Dissertations

Low molecular-weight gelators (LMWGs) are a fascinating and interesting class of compounds that can self-assemble and form supramolecular structures in appropriate solvents. The gelators form fibrous networks which entrap the solvent and result in a supramolecular gel. Carbohydrate-derived LMWGs are especially useful since they are more likely to be biocompatible and biodegradable. Dendritic gelators are branch-shaped molecules with precise molecular weight that are between small molecules and polymer gelators. Glycoclusters with sugar moieties at the periphery of the molecules are important classes of bioactive compounds due to the multivalency effect. Lower generation glycoclusters are relatively small branched systems that have …

Effects Of Knee Sleeves On Knee Mechanics During Squats At Variable Depths, Alexandria A. Trypuc

Human Movement Studies & Special Education Theses & Dissertations

The squat is a functional, compound and multi-joint exercise that targets several muscles of the lower body and is widely used in both athletics and many exercise programs. This exercise has been the subject of many studies, comparing different squat variations and examining how external gear, such as squat suits and knee wraps impact the exercise. The aim of this study was to assess the effects of wearing neoprene knee sleeves on lower extremity kinematics, kinetics, and muscle activations during weighted back squats. Fifteen resistance trained men and women, aged 28±5 years, from the local fitness community and university campus …

Characterization Of Language Cortex Activity During Speech Production And Perception, Hassan Baker

Electrical & Computer Engineering Theses & Dissertations

Millions of people around the world suffer from severe neuromuscular disorders such as spinal cord injury, cerebral palsy, amyotrophic lateral sclerosis (ALS), and others. Many of these individuals cannot perform daily tasks without assistance and depend on caregivers, which adversely impacts their quality of life. A Brain-Computer Interface (BCI) is technology that aims to give these people the ability to interact with their environment and communicate with the outside world. Many recent studies have attempted to decode spoken and imagined speech directly from brain signals toward the development of a natural-speech BCI. However, the current progress has not reached practical …

Coexistence And Secure Communication In Wireless Networks, Saygin Bakşi

Electrical & Computer Engineering Theses & Dissertations

In a wireless system, transmitted electromagnetic waves can propagate in all directions and can be received by other users in the system. The signals received by unintended receivers pose two problems; increased interference causing lower system throughput or successful decoding of the information which removes secrecy of the communication. Radio frequency spectrum is a scarce resource and it is allocated by technologies already in use. As a result, many communication systems use the spectrum opportunistically whenever it is available in cognitive radio setting or use unlicensed bands. Hence, efficient use of spectrum by sharing users is crucial to increase maximize …

Applying Machine Learning To Advance Cyber Security: Network Based Intrusion Detection Systems, Hassan Hadi Latheeth Al-Maksousy

Computer Science Theses & Dissertations

Many new devices, such as phones and tablets as well as traditional computer systems, rely on wireless connections to the Internet and are susceptible to attacks. Two important types of attacks are the use of malware and exploiting Internet protocol vulnerabilities in devices and network systems. These attacks form a threat on many levels and therefore any approach to dealing with these nefarious attacks will take several methods to counter. In this research, we utilize machine learning to detect and classify malware, visualize, detect and classify worms, as well as detect deauthentication attacks, a form of Denial of Service (DoS). …

Testing A Model Of Servant Leadership's Influence On Follower Outcomes: Exploring Mediation Effects Of Follower Trust And Prosocial Identity, Dante P. Myers

Psychology Theses & Dissertations

Servant leadership is beginning to emerge as a premier positive leadership approach in the 21st century. However, recent theoretical propositions detailing the process through which servant leadership impacts outcomes has not been tested. Using the JD-R framework, the present study investigates follower prosocial identity and follower trust as key mediators of the relationship between servant leadership and follower job satisfaction, organizational commitment, organizational citizenship behaviors, community citizenship behaviors, and turnover intentions. Research participants included 578 working adults recruited from Amazon’s Mechanical Turk (MTurk) that responded to three surveys separated by approximately one month each. The hypothesized model was tested using …

Development Of A 300 Kv Dc High Voltage Photogun And Beam Based Studies Of Alkali Antimonide Photocathodes, Yan Wang

Physics Theses & Dissertations

To advance magnetized gun research in the United States, a compact DC high voltage photogun with inverted-insulator geometry was designed, built, and operated reliably at - 300 kV bias voltage using alkali-antimonide photocathodes. This photogun will provide a magnetized electron beam for the future Jefferson Lab Electron-Ion Collider (JLEIC) cooler. This research describes key electrostatic design features of the photogun and evaluates the performance of the in-house fabricated photocathodes and the quality of the electron beams. The thermal emittance of the electron beam was measured with various conditions: different gun bias voltages, different laser spot sizes, and photocathodes with different …

A Study Of Late Registration At Four Community Colleges, Meredith Courtney Nourie-Manuele

Educational Leadership & Workforce Development Theses & Dissertations

At the community college level, a debated policy is whether to keep the option for late registration. Most colleges define late registration as registration that occurs any time after the first day of the semester (O’Banion, 2012). Some community colleges have opted to eliminate late registration, believing, based on previous studies, that late registration is a barrier to students and their success (Bolt, 2013; Hale & Bray, 2011; Jones, 2015; Smith, Street, & Olivarez, 2002; Weiss, 1999). Others assert late registration remain an option maintaining that the open access designation associated with the community college demands that students not be …

Characterizing Power For Seperation-Of-Powers Purposes, Tuan N. Samahon

Faculty Publications

No abstract provided.

The Catholic Tradition On The Due Use Of Medical Remedies: The Charles Gard Case, Michael P. Moreland, John J. Paris ,Sj, Brian M. Cummings

Faculty Publications

The widely publicized British case of Charlie Gard became an international cause célèbre when the treating physicians petitioned the British courts to prevent the parents from taking their dying child to America where a physician held out promise of an unproven experimental therapy. The case became more sensationalized when the press reported that Pope Francis had intervened in the case against the position of the Vatican’s Academy for Life on the appropriate response to a patient with a lethal genetic disorder for which there was no known treatment. A review of the centuries-long teaching of Catholic moral theology on care …

A Descriptive Analysis Of The Fourth Amendment And The Third-Party Doctrine In The Digital Age, Lawrence J. Trautman, Peter Ormerod

Faculty Publications

There are few areas of constitutional law that raise scholars’ ire and trouble jurists like the Fourth Amendment’s third-party doctrine. Making sense of the Court’s distinctions between content and metadata and between personal communications and business records was already difficult with physical documents and analog technologies. But the proliferation of digital technologies has rendered obsolete the factual predicates underpinning those distinctions, and courts have struggled mightily with adapting third-party rules forged over thirty years ago to new technologies.

At the same time, the Supreme Court has become more explicit in fashioning distinct Fourth Amendment rules for digital 74 ALB. L.J. …

Addicts Speak: An Exploratory Ethnographic Study Of Opioid Addiction, James A. Hamm

Honors Theses

This thesis explores the experiences of people in recovery from opioid addiction in order to better understand the many process of recovery. Employing both participant observation and focused life history interview, and utilizing a grounded theory approach to data analysis, this research emphasizes data-driven conclusions. The research provides numerous insights into the process of recovery from opioid addiction, as well as factors that help to facilitate and sustain the process, the role that services play, and how services can be developed to better meet the needs of those in recovery.

Toward A Sociology Of Forensic Knowledge: A (Supplementary) Response To Cole, David S. Caudill

Faculty Publications

No abstract provided.

A Literacy Narrative Of A Female Saudi English Teacher And A Qualitative Case Study: 12 Multilingual Writers Identify Challenges And Benefits Of Daily Writing In A College Composition Class, Ghassoon Rezzig

EWU Masters Thesis Collection

The author begins this thesis with her literacy narrative and practices what Kirsch and Royster call “strategic contemplation” about the material conditions of her mother’s life leaving school at 12 to marry and to raise 12 children. Her mother’s illiteracy is not the focus, however. Rather it is her mother’s strengths and her commitment to educating her children—all of whom earned college degrees before her mother died. The case study that follows emphasizes that developing English writing skills among multilingual speakers is considered a hard task. In order to improve academic writing, writers must make a tremendous effort and practice …

“If You Wanted Me To Speak Your Language Then You Should Have Stayed In Your Country”: A Critical Ethnography Of Linguistic Identity And Resiliency In The Life Of An Afghan Refugee, Logan M. Amstadter

EWU Masters Thesis Collection

Nasreen and her family had not wanted to leave their native Afghanistan, but when the Taliban’s violence forced them to seek refuge in Iran, Nasreen found herself a teenager on the outskirts of Tehran. Discrimination, lack of opportunity, and an unwelcoming environment compelled her to make the dangerous overland journey from Iran to Turkey along with her husband, her brother, and her two sons. Now, they have asylum in the United States, where Nasreen is thriving—earning a degree at a community college and translating for other members of her community. Refusing to dwell on the past and enduringly optimistic about …

The Lasting Impact Of Intraprofessional Education Between Dentists And Dental Hygienists, Kimber Satter

EWU Masters Thesis Collection

Purpose: The Regional Initiatives in Dental Education (RIDE) program at the University of Washington (UW) allows first year dental students to take courses with Eastern Washington University dental hygiene (DH) students. This study was conducted to see if the RIDE program is effective as an Intraprofessional Education (IntraPE) program in improving dentists’ attitudes towards teamwork and understanding the roles and responsibilities of the DH.

Methods: UW School of Dentistry alumni from 2012-2017 were invited to participate in this study. Attitudes towards teamwork and roles and responsibilities were assessed using two online surveys: a demographic survey containing open-ended questions, and a …

Efficacy Of Brushing With Probiotics For The Reduction Of Gingivitis, Cheri L. Barton

EWU Masters Thesis Collection

Purpose: The primary aim of this study was to evaluate the efficacy of brushing with the probiotic Lactobacillus reuteri on plaque accumulation and gingival inflammation. This study included 34 healthy adult subjects, ages 18-65, exhibiting gingivitis. Participants were asked to participate in a randomized, double-blind, placebo controlled study testing whether brushing with L. reuteri probiotic drops added to toothpaste reduced the clinical parameters of gingivitis more than brushing with a placebo drop added to toothpaste.

Methods: Biological measurements of plaque accumulation were recorded using disclosing solution and an O’Leary Plaque Score (PS), and gingival inflammation was recorded using a modified …

A Survey Of Dental Hygiene Program Directors: Curriculum Development And Implementation For The Dental Hygiene-Based Dental Therapist, Heidi Desmarais

EWU Masters Thesis Collection

Purpose: This study used a survey of program directors and program chairs to analyze relationships related to curriculum development for a dental hygiene-based dental therapist and the question of how external variables affect allied health workforce development and implementation.

Methods: A survey instrument was utilized to help identify the relationship between a dental hygiene-based dental therapist curriculum and the external influences of future needs of the dental hygiene profession and workforce; external influences; and institutional influences on curriculum design and implementation using Spearman’s rho testing. The open-ended question was studied through the application of grounded theory analysis. (N=340).

Results: Upon …