Digital Commons Network^™

Public Lands: Are U.S. Public Lands Unconstitutional?, John D. Leshy

The Judges' Book

No abstract provided.

What Would Justice Brennan Say To Justice Thomas, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Paris Agreement And Global Climate Litigation After The Trump Withdrawal, David Hunter

Scholarly Articles in Law Reviews & Journals

The article addresses the emergence of cases in many countries around the world that are addressing climate change by enforcing, or at least referring to, the Paris Agreement.

Adapting The Surveying Curriculum To New Dimensions Of The Profession, Fahria Masum, Reinfried Mansberger, Audrey Martin, Gerhard Navratil, Anthony Mushinge

Articles

Today the surveying profession is very different from what it was twenty years ago. Recent technological innovations, globalization, and global land-related challenges have allowed a wide range of advances in the surveying profession. The vision is to promote surveying practices that can enhance the quality of services in a variety of tracks in the land profession. According to the new adjacent professional areas and the needs of the labor market, academic courses for surveyors have to be adapted to meet the broader scope of the surveying profession and to supply highly qualified land professionals. This paper outlines the new challenges …

Best Practices For Facilitating Difficult Dialogues In The Basic Communication Course, Kristina Ruiz-Mesa, Karla M. Hunter

Journal of Communication Pedagogy

Effective facilitation of classroom dialogue can stimulate open discussion and debate, challenge students to consider diverse perspectives, and promote critical student reflection and growth. Unfortunately, some instructors may be hesitant to approach controversial topics, for fear of losing face or risking chaos in the classroom. By learning and practicing established facilitation techniques, teachers can develop confidence and competence in harnessing the pedagogical power of difficult dialogue while maintaining classroom cohesion and community. This article provides 10 best practices for facilitating difficult classroom dialogues. These practices equip instructors with resources for building community, maintaining classroom immediacy, and grappling with disagreements without …

Psychological Trauma And Resilience Of Police Officers Involved In An Ambush: An Exploratory Study, Erin A. Teaff

Graduate Theses, Dissertations, and Problem Reports (ETD)

Law enforcement officers are widely recognized as having one of the most dangerous and stressful occupations, which can lead to lasting physical and psychological impacts. While research has examined the psychological trauma and resilience experienced by police officers, there have been very few research studies involving ambushes. Due to the continued risk of ambushes on police officers, gaining insight into the trauma and resilience of officers during these types of situations would be beneficial in providing psychologists with information to aid in their treatment officers involved in an ambush and similar unprovoked attacks. The primary aim of this study was …

Identity Formation Of Adolescents Who Are Homeschooled: Mothers' Perceptions, Peggy Joan Mcqueen

Graduate Theses, Dissertations, and Problem Reports (ETD)

Homeschooling is a growing educational choice with very little research about the psycho-social outcomes associated with the process. This qualitative study sought to examine the potential facilitative benefit of homeschooling upon the formation of identity. The participants were 26 mothers of homeschooled adolescents in Pennsylvania. Parent responses were examined using thematic analysis. Constituent aspects of parental motivation and methodology were investigated to assess the presence of elements facilitative in the process of identity formation as identified by Erik Erikson (1959, 1963). In examining methods used in homeschooling, it was found that the mothers in this study are providing the support …

Multidimensional Analysis Of Vulnerability: Methodological Advances And A Case Study From Malawi., Park Mcmillan Muhonda

Graduate Theses, Dissertations, and Problem Reports (ETD)

Since 1990s rural households in Malawi, constituting 85% of the population, have experienced deepening livelihood vulnerability, often manifested as persistent food insecurity. Livelihood crises have since been blamed on or attributed directly to weather perturbations/climatic shocks i.e. El-Nino induced climate variability/drought conditions. This study revealed that persistent livelihood crisis in rural Malawi cannot be attributed to or squarely blamed on weather shocks alone, rather it is at the intersection of various livelihoods shocks that rural livelihood vulnerability in Malawi is exacerbated i.e. worsening and deepening.

Thus, rural livelihood vulnerability to climate shocks in Malawi is manifest not in isolation but …

Use Of Reflective Practices To Improve Self-Awareness In Youth Sport Coaches, Stephanie R. Mcwilliams

Graduate Theses, Dissertations, and Problem Reports (ETD)

In this dissertation, I explore the use of reflective practice among a group of youth sport coaches. More specifically, reflective practice as facilitated through use of videos and repeated interviews, with the intent to inspire greater awareness, malleability, and positive behavior change is presented. To synthesize this research, the following topics: coaching identity and the role of the coach, coach education and its misalignment with the goals of youth coaches, counseling as a means of mentoring, self-awareness and reflection, and behavior change, are discussed. In the current coach education literature, there is a gap in the types of education volunteer …

A Descriptive Analysis Of Pete Master’S Programs In The U.S. And Their Alignment With Advanced Teaching Standards, Jamie K. Gilbert

Graduate Theses, Dissertations, and Problem Reports (ETD)

Background: This study provided a descriptive analysis of PETE master’s degree programs in the United States. Program demographics and curriculum alignment with SHAPE America’s three advanced teaching standards and four guiding principles were the focus of this research.

Methods: This research utilized a non-experimental, cross-sectional descriptive research design and a two-phase approach to collect data. The quantitative survey component analyzed the demographics of programs (n=13) using descriptive analysis. Phone-based semi-structured interviews were conducted to collect data from program affiliates (n=4) concerning program adherence to three advanced PETE standards and four guiding principles.

Results: Public universities granting …

A Timeless Ritual, Luke Thomas Doyle

Graduate Theses, Dissertations, and Problem Reports (ETD)

This written thesis is the supporting documentation for A Timeless Ritual, my Master of Fine Arts thesis exhibition. The exhibition seeks to define my expression of aesthetics through utilitarian vessels to create a sense of nostalgia with the user my mimicking industrial objects.

The research pertaining to my thesis explores the interactions between object and user. A patina layered over time evokes a sense of age, weathered memories of a time once lived. I look for these subtle nuances in form. Borrowing an aesthetic from manufactured products and reviving it in a domestic space is where my pots takes life. …

Artifacts Of Imagination, Rachel Emily Simpson

Graduate Theses, Dissertations, and Problem Reports (ETD)

My MFA thesis and supporting exhibition focus on works ranging from video and sculpture to installation. The work has evolved from an intimate spiritual dialogue and interaction with the terrestrial world. This personal narrative is a jumping off point to pursue more universal themes and ideas of layering of information, shared versus collective perceptions and creating systems of understanding. Many of the processes involved in this exhibition contain some form of collage. The use of these various collage techniques furthers the idea of complexity in perception and expression and the many layers of experience. I will explain how the creation …

The Structural Information Filtered Features Potential For Machine Learning Calculations Of Energies And Forces Of Atomic Systems., Jorge Arturo Hernandez Zeledon

Graduate Theses, Dissertations, and Problem Reports (ETD)

In the last ten years, machine learning potentials have been successfully applied to the study of crystals, and molecules. However, more complex materials like clusters, macro-molecules, and glasses are out reach of current methods. The input of any machine learning system is a tensor of features (the most universal type are rank 1 tensors or vectors of features), the quality of any machine learning system is directly related to how well the feature space describes the original physical system. So far, the feature engineering process for machine learning potentials can not describe complex material. The current methods are highly inefficient …

Talking Foreign Policy: North Korea Summit, Paul Williams, Shannon French, Michael P. Scharf, Milena Sterio, Tim Webster

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Cracking The Copyright Dilemma In Software Preservation: Protecting Digital Culture Through Fair Use Consensus, Peter Jaszi, Patricia Aufderheide, Brandon Butler, Krista L. Cox

Scholarly Articles in Law Reviews & Journals

Copyright problems may inhibit the crucially important work of preserving legacy software. Such software is worthy of study in its own right because it is critical to accessing digital culture and expression. Preservation work is essential for communicating across boundaries of the past and present in a digital era. Software preservationists in the United States have addressed their copyright problems by developing a code of best practices in employing fair use. Their work is an example of how collective action by users of law changes the norms and beliefs about law, which can in turn change the law itself insofar …

Retraining The Brain To Prevent Disordered Eating: Approach Versus Avoidance, Maegan Elizabeth Jones

Human Development and Family Science

Emerging adult college women are at particular risk for developing unhealthy eating habits. Despite this, methods of intervention in this population are understudied. This study sought to test whether an implicit, cognitive retraining program could alter how women approach foods. Specifically, the researcher wanted to determine if the Behavioral Activation System (BAS), which encourages individuals to approach positive goals, and the Behavioral Inhibition System (BIS), which helps individuals avoid negative outcomes, could be manipulated. Thus, this study examined whether a dot-probe retraining program could significantly alter women’s approaches to healthy foods. Dot-probe programs present two pictures side-by-side; when the pictures …

Student-Instructor Out-Of-Class Communication: A Media Multiplexity Approach, Cathlin V. Clark-Gordon

Graduate Theses, Dissertations, and Problem Reports (ETD)

The present set of studies examined media multiplexity theory (MMT; Haythornthwaite, 2005) in the context of student-instructor out-of-class communication (OCC) in two samples: undergraduate and graduate students. It was predicted that student-instructor tie strength (closeness) would lead to a greater number of modes used for OCC, and subsequently, the number of modes used for OCC would predict positive classroom outcomes, including communication satisfaction, cognitive and affective learning, and motivation. It was also predicted that the effect of closeness on the number of modes used for OCC would be moderated by student’s enjoyment of online communication, insofar as it would suppress …

Nuanced Narratives: Reporting With Critical Race And Feminist Standpoint Theories, Emily Margaret Pelland

Graduate Theses, Dissertations, and Problem Reports (ETD)

The Google Expedition titled WWI Era Through the Eyes of the Chicago Defender explores African American experiences during the early years of the Great Migration (1910-1970). Conventional journalism relies on the false idea that journalists are meant to be, and can be, objective, outside observers. This report provides tools for journalists to create more nuanced, thorough storytelling endeavors. This report describes the theoretical framework and intent of the Virtual Reality (VR) project for students in grades 8 and above. It utilizes Feminist Standpoint Theory (FST) and Critical Race Theory (CRT) to cultivate a VR experience that acknowledges particular, overlooked aspects …

Ethofumesate 4sc Applied Postemergence In Sugarbeet, Alexa Lynn Lystad

Plant Sciences

Experiments evaluated sugarbeet tolerance, herbicide efficacy on common lambsquarters (Chenopodium album L.), redroot pigweed (Amaranthus retroflexus L.) and waterhemp (Amaranthus tuberculatus (moq.) J.D. Sauer), and rotational crop safety to ethofumesate (2-Ethoxy-2,3-dihydro-3,3-dimethyl-5-benzofuranol methanesulfonate) in 2017, 2018, and 2019. Ethofumesate applied at 2.24 or 4.48 kg ha-1 at the sugarbeet two-true leaf stage reduced sugarbeet stature and recoverable sucrose in field experiments. Ethofumesate at 1.12 kg ha-1 plus glyphosate at 1.26 kg ha-1 applied preemergence (PRE) or early postemergence (EPOST) to 1.3-cm weeds provided broad spectrum control with the least sugarbeet stature reduction in field and greenhouse experiments. Corn (Zea mays L.), …

Transfer Of Fusarium Head Blight Resistance To Hard Red Winter Wheat, Hongbin Tao

Plant Sciences

Fusarium head blight (FHB; caused by Fusarium graminearum Schwabe) is a serious disease of hard red winter wheat (HRWW) in North Dakota. Current varieties are lacking in resistance. Many resistance quantitative trait loci (QTL) were discovered in spring wheat that can be employed in HRWW. The North Dakota State University breeding program aims to acquire and pyramid useful FHB resistance QTL into its breeding population. Therefore, hybrid populations derived from CM82036 (Fhb1 and Qfhs.ifa-5A), PI277012 (Qfhb.rwg-5A.1 and Qfhb.rwg-5A.2), Frontana (Qfhs.ifa-3A), and TA5660 (Fhb6) were tested for type II resistance to: derive new FHB resistant HRWW lines with pyramided QTL (Fhb1+) …

Simulated Hail Damage On Spring Canola (Brassica Napus L.): Non-Uniform Stand Reduction And Stem Cut-Off, Jonathan Curtis Vollmer

Plant Sciences

Hail damage in canola has been characterized with symptoms such as randomly broken stems and loss of plants. The effect on stand reduction and stem cut-off in canola has yet to be addressed. Two separate experiments, stand reduction and stem cut-off, were conducted at six environments using a factorial arrangement, with four growth stages and five levels of intensity as the two factors, and four replications for each treatment. Data on seed yield, seed oil, and seed protein from each plot of five environments, and yield contributing traits from twenty plants per treatment from four environments were taken. Seed yield …

Helping David Fight Goliath: Preserving The Wto In The Trump Era, Michael Goodyear

Articles & Chapters

The Trump presidency and other reactionary conservative governments present an immensely powerful danger to the World Trade Organization (WTO). The WTO is largely built on Members’ willingness to comply with its rules, and the current Dispute Settlement Understanding (DSU) is too weak to deter an avowed enemy of the WTO, such as President Trump. This poor enforcement system particularly hurts developing countries, which lack the power under the DSU to effectively deter economic giants like the United States.

The recent Doha Round was supposed to create a more effective enforcement mechanism under the DSU, but it fell apart before any …

Some Things Are Too Hot To Touch: Competency, The Right To Sexual Autonomy, And The Roles Of Lawyers And Expert Witnesses, Michael L. Perlin, Alison Lynch, Valerie R. Mcclain

Articles & Chapters

No abstract provided.

Using Mid-Season Ndvi Data From Drones To Produce Variable Rate Fertilizer Maps In Wheat, Bethany Mariah Christensen

Plant Sciences

Variable rate prescription maps can improve nitrogen use efficiency within a field by directing N applications where it is needed. If NDVI collected with a drone could be used to predict yield, it also could be used to develop N rate prescription maps. Experiments on wheat were carried out in farmer fields and in small plots. Small plot experiments consisted of six rates of nitrogen and NDVI was collected from sensors on a drone and was correlated to yield and protein after harvest. NDVI measurements were also collected from farmer fields that had a nitrogen rich strip applied to the …

Privacy's Law Of Design, Ari Ezra Waldman

Articles & Chapters

Privacy by design is about making privacy part of the conception and development of new data collection tools. But how should we interpret “privacy by design” as a legal mandate? As it transitions from an academic buzzword into binding law, privacy by design will, for the first time, impose real responsibilities on real people to do specific things at specific times. And yet, there remains significant disagreement about what privacy by design actually means in practice: we have yet to define its who, what, when, why, and how. Different approaches to privacy by design have tried to answer those questions …

Safe Social Spaces, Ari Ezra Waldman

Articles & Chapters

Technologies that mediate social interaction can put our privacy and our safety at risk. Harassment, intimate partner violence and surveillance, data insecurity, and revenge porn are just a few of harms that bedevil technosocial spaces and their users, particularly users from marginalized communities. This Article seeks to identify the building blocks of safe social spaces, or environments in which individuals can be free of privacy and safety dangers. Relying on analogies to offline social spaces—Alcoholics Anonymous meetings, teams of coworkers, and attorney-client relationships—this Article argues that if a social space is defined as an environment characterized by disclosure, then a …

Judicial Activism In Trial Courts, Bruce Green, Rebecca Roiphe

Articles & Chapters

No abstract provided.

Punishment Without Process: Victim Impact Proceedings For Dead Defendants, Bruce Green, Rebecca Roiphe

Articles & Chapters

After Jeffrey Epstein committed suicide in jail, two judges allowed his accusers to speak in court. This article argues that the proceedings were inappropriate because the criminal case ends when the defendant dies. If the conviction and appeal are not final, there is no finding of guilt, and the defendant is still presumed innocent. Allowing accusers to speak at this time violates the principle of due process and threatens to undermine faith in judges and the criminal justice system in general. While courts are at times legally required to hear from victims of crimes, they were not allowed to do …

An Alternative Path To Rule Of Law: Thailand's Twenty-First Century Administrative Courts, Frank W. Munger, Peerawich Thoviriyavej, Vorapitchaya Rabiablok

Articles & Chapters

New courts in Asia’s rapidly developing states offer an opportunity to understand how a court system takes root in a society. This article presents a case study of the development of administrative court structure, functions, and practice in Thailand: Southeast Asia’s newest system of administrative courts. The study examines why courts made sense to those who established them and how the courts’ authority is being utilized. For relatively powerless and resource-poor litigants, barriers to litigation may be many, but when these barriers are overcome, administrative courts exercise extraordinary influence, even when they fail to render a decision fully vindicating a …

From Chevron To Consent Of The Governed, David Schoenbrod

Articles & Chapters

No abstract provided.