Digital Commons Network^™

Improper Appropriation, Daniel Gervais

Lewis & Clark Law Review

The traditional test for copyright infringement is satisfied when the owner of a valid copyright establishes, first, that her work was actually copied and second, that the copying amounts to an improper or unlawful appropriation. As applied by courts, the second prong of the test is often applied quantitatively that is, when the amount of the copyrighted work that is copied is more than de minimis. This seems odd for a test expressed using a term wrought with moral overtones (impropriety). This Article discusses whether this test could be applied differently by requiring an examination of the (im)propriety of the …

Proving Infringement: Burdens Of Proof In Copyright Infringement Litigation, Lydia Pallas Loren, R. Anthony Reese

Lewis & Clark Law Review

The Copyright Act says very little about the plaintiff’s burden of proof in establishing liability in an infringement case, although courts have, to varying degrees, allocated burdens of proof, including identifying certain defense arguments as affirmative defenses. The Article seeks to provide greater analytical clarity to the complicated area of the burdens of proof in copyright infringement litigation. In particular, the Article identifies many “defenses” to a copyright infringement claim as not being true affirmative defenses but rather being rebuttals to a plaintiff’s efforts to satisfy the burden of persuasion. Careful understanding of the burdens of persuasion, the different types …

Reefer Madness In Federal Court: An Overview Of How Federal Courts Are Dealing With Cannabis Litigation And Why It Is Necessary To “Dig Into The Weeds”, Blake Marvis

Lewis & Clark Law Review

Litigation stemming from the state-legal cannabis industry has presented many unique questions for federal courts to grapple with. Can federal courts provide equitable relief to state-legal cannabis litigants, despite being in violation of federal law? Can workers in the state-legal cannabis industry sue their employers to recover required minimum wage under federal statutes? Is a contract that is made in a state-legal cannabis market automatically void? This Comment examines the precarious nature of state-legal cannabis litigation in federal courts through a dissection of how litigation has progressed. It also examines the framing of the arguments made in cannabis disputes. Although …

Cannabis Law, The Constitution, And The Aba Model Rules, Hayley Hollis

Lewis & Clark Law Review

Though a growing number of states have legalized recreational or medical cannabis use, cannabis is still categorized as a Schedule I substance under the Controlled Substances Act, and its use, possession, and cultivation are federal offenses. This conflict between state and federal law creates a unique challenge for the legal community. Unless states with legalized cannabis programs have amended their state rules of professional conduct or provided advisory opinions on the matter, local attorneys assume a great deal of risk when representing clients within the cannabis industry.

To further complicate matters, what happens when a lawyer, who is licensed to …

Reasonable Royalties, Thomas F. Cotter, John M. Golden, Oskar Liivak, Brian J. Love, Norman Siebrasse, Masabumi Suzuki, David O. Taylor

Faculty Journal Articles and Book Chapters

This chapter:

(1) describes the current state of, and normative basis for, the law of reasonable royalties among the leading jurisdictions for patent infringement litigation, as well as the principal arguments for and against various practices relating to the calculation of reasonable royalties; and

(2) for each of the major issues discussed, provides one or more recommendations.

The chapter’s principal recommendation is that, when applying a “bottom-up” approach to estimating reasonable royalties, courts should replace the Georgia-Pacific factors (and analogous factors used outside the United States) with a smaller list of considerations, specifically:

(1) calculating the incremental value of the …

The Correlation Between Sleep And Lifespan In Drosophila Melanogaster, Joshua Randall Lisse

Masters Theses

”Adequate sleep is associated with an individual’s health. Too little sleep is associated with many health problems, including cardiovascular disease, obesity, and a general increase in all-cause mortality. Yet the molecular changes that link poor sleep and changes in health are still not well understood. Individuals have a unique daily need for sleep, and deviations from the animal’s regular sleeping patterns can be indicative of, or result in, underlying changes in its health. Therefore, we hypothesize that changes in the sleep architecture in Drosophila melanogaster reflect changes in the fly’s health.

We determined sleep architecture in wild-type male flies over …

Asphaltene Stability In Crude Oil During Carbon Dioxide Injection And Its Impact On Oil Recovery: A Review, Data Analysis, And Experimental Study, Sherif M. Fakher

Masters Theses

"Crude oils are usually associated with many compounds, some of which are favorable and others, which are not. One of the most unfavorable components of crude oil that pose severe operational problems and decreases oil production significantly are asphaltenes. These compounds are solids that are homogenized in the crude oil at room temperature but tend to separate from solution when agitated. They can deposit in the reservoir pores, wellbore, and transportation pipelines thus causing severe operational problems and oil recovery reduction.

Even though researchers have been studying asphaltenes for more than 100 years, there is still an ambiguity concerning asphaltene …

Propagation Of Uncertainty Through Coning, Sculling, And Scrolling Corrections For Inertial Navigation, James Daniel Alan Brouk

Masters Theses

"This thesis investigates the propagation of estimation errors through generalized coning, sculling, and scrolling algorithms used in modern day inertial navigation systems, in order to accurately quantify the uncertainty in the estimation of position, velocity, and attitude. The corrections for coning, sculling, and scrolling algorithms have an often unaccounted for effect on documented and empirically derived error statistics for measurements used to predict the uncertainty in a vehicle's position, velocity, and attitude estimates. Through the development of an error analysis for these generalized algorithms, mappings of the measurement and estimation errors through the correction termare generated. Using the developed mappings, …

Changes In Fresh Properties Of Flowable Concrete Induced By Pumping And Composition Of The Lubrication Layer, Alexis Salinas

Masters Theses

"Pumping is an easy method to move concrete while keeping stability. It is worldwide accepted as one of the principal methods for concrete placement, as it accelerates construction. Typically, concrete acceptance in terms of fresh quantitative empirical properties (i.e. slump/slump flow and air content) are performed prior to the pumping process. However, empirical measurements have the drawback that they only measure 1 point. Rheology is better tool to evaluate the behavior of concrete. Pumping is a process that induces considerable shearing in the concrete that can impact its rheological properties. Therefore, the magnitude of these changes in fresh properties depends …

Automating Securities Class Actions Settlements, Jessica M. Erickson

Law Faculty Publications

Securities class actions are supposed to vindicate the rights of investors injured by corporate fraud. Yet, despite multimillion- or even multibillion- dollar settlements, many injured investors never receive a dime in compensation. To receive money from a settlement in a securities class action, investors must comply with a cumbersome claims process, documenting their transactions in the defendant corporation’s stock and detailing their losses. Faced with this hurdle, many investors never claim their shares of the settlement funds. Courts continue to insist that investors comply with cumbersome claims processes because they do not think they have another way to accurately identify …

The Popular Constitutional Canon, Thomas G. Donnelly

Law Faculty Publications

Popular constitutionalism scholarship has often left out the American people. Sure, ordinary citizens make cameo appearances—often through the actions of elected officials and elite movement leaders. However, focusing on high politics among elite actors—even if those actors are not judges—simply is not enough. If popular constitutional views do, indeed, matter, then we can expect constitutional partisans to try to manipulate the processes through which these views emerge. Some constitutional scholars have made a start, reflecting on the importance of the constitutional canon. However, these scholars focus mostly on the legal canon and often ignore its popular analog. At the same …

Presidential Responses To Protest: Lessons Jefferson Davis Never Learned, Ashlee A. Paxton-Turner

Law Faculty Publications

In 1865, the Confederacy fell. This is not a secret. In April 1865, in the Virginia village of Appomattox Court House, Confederate General, Robert E. Lee, signed the terms of surrender, thus triggering the beginning of the end of the American Civil War. As writer and historian Fletcher Pratt describes the scene, after signing the terms of surrender, Lee “clasped hands with [Union General, Ulysses S. Grant], stepped to the door and rode out of history.” But neither Lee nor the Civil War has ridden out of history. Indeed, a deep fascination with the American Civil War persists. Well over …

The Effect Of Training And Institutional Support On Title Ix Coordinators' Responses To Sexual Violence On College Campuses, Mercedes M. Pino

Theses and Dissertations

One out of five women in college are victims of sexual assault. The uptick in cases being brought before the US Department of Education for the mishandling of sexual assault cases on college campuses raises a question about the adequacy of the training and support being received by Title IX Coordinators. This study was designed to determine whether Title IX Coordinators are receiving adequate support and sufficient training necessary to adhere to the federal mandates regarding sexual assault on campus, as well as how the Title IX Coordinators’ years of experience relate to the challenges they face.

Using SurveyMonkey, a …

Persons And The Point Of The Law, Richard W. Garnett

Journal Articles

This short essay is a comment and reflection on a manuscript by Professors John Breen and Lee
Strang, "A Light Unseen: A History of Catholic Legal Education in the United States." It is based on remarks presented at a February 14, 2020 conference, sponsored by the Journal of Catholic Legal Studies and the Center for Law and Religion at St. John's University School of Law. It
addresses, among other things, Breen and Strang's argument that a Catholic law school should have a distinctive "intellectual architecture" and proposes that a distinctive moral anthropology -- that is, an account of what the …

A Student Journal To Celebrate, Preserve, And Improve Beginning Undergraduate Writing, Ann E. Biswas, Maureen E. Schlangen, Heidi Gauder

Books and Book Chapters by University of Dayton Faculty

At the end of each semester, composition instructors at the University of Dayton (UD) collected portfolios of student writing for the annual program assessment, encouraging their students to return the following semester to pick up their folders of work. However, the stacks of unclaimed portfolios that piled up in faculty offices each year was an indication that students cared little about what they had written, perhaps believing no one beyond their instructor was interested in reading their writing now or in the future. Nevertheless, academic scholars have recognized that student writing improves—as do a sense of ownership and pride in …

Bergson’S Philosophy Of Self-Overcoming, Messay Kebede

Books and Book Chapters by University of Dayton Faculty

This book proposes a new reading of Bergsonism based on the admission that time, conceived as duration, stretches instead of passes. This swelling time is full and so excludes the negative. Yet, swelling requires some resistance, but such that it is more of a stimulant than a contrariety. The notion of élan vital fulfills this requirement: it states the immanence of life to matter, thereby deriving the swelling from an internal effort and allowing its conceptualization as self-overcoming. With self-overcoming as the inner dynamics of reality, Bergson dismisses all forms of dualism and reductionist monism because both the absence of …

Investigation Of Amyloid Β Oligomer Dissociation Mechanisms By Single Molecule Fluorescence Techniques, Hope Cook Abdalla

Theses and Dissertations--Chemistry

Alzheimer’s disease (AD) is currently considered the most prevalent neurodegenerative disease and places a large financial burden on society as healthcare resources are limited and the disease does not have a cure. Alzheimer’s disease is characterized by the presence of amyloid beta (Aβ) plaques and neurofibrillary tangles; however current literature suggests Aβ oligomers are the main aggregating species leading to AD symptoms. Therefore, the underlying cause of Alzheimer’s, accumulation of amyloid beta, is currently being studied in hopes of developing treatment options. Our research aims at determining the mechanism and kinetics of Aβ oligomer dissociation into non-toxic monomers in the …

Tools For Change: Measuring Student Conceptual Understanding Across Undergraduate Biology Programs Using Bio-Maps Assessments, Michelle K. Smith, Sara E. Brownell, Alison J. Crowe, N. G. Holmes, Jennifer K. Knight, Katharine Semsar, Mindi M. Summers, Cole Walsh, Christian D. Wright, Brian A. Couch

School of Biological Sciences: Faculty Publications

Assessing learning across a biology major can help departments monitor achievement of broader program-level goals and identify opportunities for curricular improvement. However, biology departments have lacked suitable tools to measure learning at the program scale. To address this need, we developed four freely available assessments—called Biology-Measuring Achievement and Progression in Science or Bio-MAPS—for general biology, molecular biology, ecology/evolution, and physiology programs. When administered at multiple time points in a curriculum, these instruments can provide departments with information on how student conceptual understanding changes across a major and help guide curricular modifications to enhance learning.

Migration And Remittances, Seyedsoroosh Azizi

Graduate Research Theses & Dissertations

My dissertation focuses on three topics: motivations behind remittances, cyclicality of remittances, and the impacts of remittances on human capital and labor supply in developing countries.

In the first chapter, I introduce the three topics. In the second chapter, I examine the primary incentives of remitting. Using estimated bilateral data on remittances, this chapter demonstrates that a rise in the remittance-receiving countries' GNI per capita leads to fewer remittances and that a rise in the host remittance-sending countries' GNI per capita motivates migrants to remit more. Real exchange rates and real interest rates have no effect on remittances. These results …

Exploring A Bayesian Analysis Of Opinion Dynamics Using The Approximate Bayesian Computation Method, Jessica L. Bishop

Graduate Research Theses & Dissertations

Social media has created a whole new framework in the way we understand ones expression of opinion, and how ones' opinion can influence others. Models of opinion dynamics, such as a probabilistic modeling framework of opinion dynamics over time are given by Abir De, Isabel Valera, Niloy Ganguly, Sourangshu Bhattacharya, and Manuel Gomez Rodriguez in ``Learning and Forecasting Opinion Dynamics in Social Networks." In this paper, we will continue to explore their models, now coming from a Bayesian statistical standpoint, specifically looking at the Approximate Bayesian Computation (ABC) method for the computation of better estimations for the data. We will …

Study Of The Systematic Uncertainties Associated With The Tracking Detectors, Daniel William Boyden

Graduate Research Theses & Dissertations

The muon g-2 experiment at Fermilab looks to measure the anomalous magnetic moment of the muon to an unprecedented precision of 0.14 ppm to verify results from the E821 experiment at Brookhaven National Laboratory. In addition to the anomalous magnetic moment of the muon the project also seeks to search for a muon electric dipole moment with a better precision than has previously has been achieved. These measurement along with standard model predictions may result in a discrepancy between the standard model and experimental results which may give some insight to beyond standard model physics.

This thesis will present the …

Psychological Reactance Applied To Instruction To Disregard, Jessica Louise Bozeman

Graduate Research Theses & Dissertations

This study applies theory of psychological reactance to instructions to disregard (ITD). When inadmissible testimony is made in front of jurors, a judge may issue an ITD that orders jurors to not consider the inadmissible evidence when making their verdicts. The theory of psychological reactance proposes that when a person’s choices are limited or their freedom is threatened, there will be a resulting attempt to regain or prioritize their freedom. Using a jury transcript study, the experiment has both a control condition including the evidence but without an ITD and a condition where the ITD is included. Results showed that …

From Tony Soprano To Donald Trump: Situating The Rhetoric Of The 2016 Trump Presidential Campaign In The Antihero Genre, Harry Bodell

Graduate Research Theses & Dissertations

In the wake of Donald Trump’s stunning victory over Hillary Clinton in the 2016 U.S. presidential election, scholars and political pundits alike were left scrambling to understand what had occurred. While there is no single explanation for this unexpected turn of events, the present study argues that an overlooked and central aspect of Trump’s appeal was foreshadowed by the increased prominence of antihero protagonists in American media, particularly exemplified by the recent “Golden Age” of television wherein television series like The Sopranos, Breaking Bad, Mad Men and Dexter found critical and popular success by building compelling narratives around morally flawed …

Impact Of Agreeableness On Virtual Team Performance Through Team Identification And Shared Mental Models, Alexandria Brown

Graduate Research Theses & Dissertations

Virtual teams help organizations efficiently utilize their employees for a task without the requirement of co-location. The literature on team performance suggests that teamwork is integral to a team’s success; however, in virtual teams this is often a challenge. Certain personality characteristics on virtual teams may be particularly important to the development of effective teamwork. An under-investigated factor is the role agreeableness in virtual team processes and how it affects the overall team performance. The main research question of this study is how the degree of agreeableness on a virtual team affects the overall team performance through predicted associations with …

Providing Counseling In A Rural Setting: A New Multicultural Perspective, Danessa Ann Carter

Graduate Research Theses & Dissertations

Counseling research shows a lack of information regarding training counselors to work in rural communities. However, more than 80% of the United States land is considered rural. This appears to be an extremely desperate combination of lack of information and training for a large portion of the country’s population. An additional complication to this dynamic is that neither CACREP standards nor the ACA Code of Ethics mandate any specific trainings or address any specific needs of rural communities.

To improve the understanding of rural community dynamics, this qualitative study explored the phenomenological experiences of counselors working in rural communities. This …

Validation Of A Low-Cost Sensor For Development Of Wearable And Handheld Spectrometers, Justin Leslie Cathey

Graduate Research Theses & Dissertations

This study examined the possibility of creating a quantitative radiometric spectrometer from a low-cost relative radiometric spectrometer sensor through the use of statistical analysis and development of a correction factor (p > 0.05). Radiometric spectrometers are able to measure and fully characterize the radiometric and photometric characteristics of light, while relative spectrometers are not able to fully, quantitatively characterize the radiometric response from a light source, thus they are less expensive. The spectrometer created in this research is able to measure and produce comparative lighting parameters as well as an actual radiometer spectrometer.

The photoreceptors cells within the human eye allow …

Resonant Extraction For Mu2e, Prudhvi Raj Varma Chintalapati

Graduate Research Theses & Dissertations

Charged Lepton Flavor Violations (CLFVs) are probed in an attempt to search Beyond Standard Model (BSM) Physics. The sensitive channel available for experiments around the world is to probe through muons. No conclusive evidence of CLFV is found so far but $\mutoe$ experiment at Fermi National Accelerator Laboratory (Fermilab) aims to improve the current experimental sensitivity by searching for $\mu^{-}N \longrightarrow e^{-}N$ transition. To provide the high intensity beam that can be handled to achieve desired sensitivity, slow spill using resonant extraction is used at the accelerator complex.

Understanding the motivations behind the experiment and simulating the crucial stage in …

"Bachelor Buttons": Feminist And Womanist Essays And Poems, Billy E. Clem Jr.

Graduate Research Theses & Dissertations

In this critical and creative dissertation, I sketch a brief study of selected multicultural hybrid texts in contemporary US Anglophone literary studies; discuss their implications for reading, writing, and teaching; and present my own hybrid text.

Second-wave feminist and womanist theories and practices opened literary and cultural studies to new and exciting ideas and methods for reading, teaching, and writing both canonical and non-canonical Anglophone texts. One genre emerging anew by these theories, practices, and practitioners is the literary hybrid text, a multi-genre form composed of a variety of prose genres, poetry, drama, and/or visual imagery. Hybrid texts ask readers …

Still A Hollow Hope: Significant Social Change, The Second Amendment, And State Political Culture, Anthony David Cooling

Graduate Research Theses & Dissertations

This dissertation expands the literature on law, courts, and social change. The Supreme Court increasingly matters in American political life when those across the political spectrum look at the Court for relief from policies they oppose and as another venue for advancing their own policy agendas. This dissertation expands the volume of case studies that research the ability of Courts to make major political and social change to include the topic of firearms in the wake of the Supreme Court’s controversial and divided opinions in D.C. v Heller (2008) and McDonald v Chicago (2010). These decisions interpreted the Second Amendment …

An Assessment Of The Effectiveness Of Positive Self-Talk On Engagement With Feared Stimuli And Control Related Beliefs, Sara Louise Conley

Graduate Research Theses & Dissertations

Obsessive-Compulsive Disorder (OCD) is a disorder characterized by obsessions and compulsions that causes noticeable impairment across multiple life domains. Various mechanisms have been implicated in the development of OCD, including maladaptive control-related beliefs related to: (1) individuals’ sense of control over any given situation, and (2) trait motivation for desire of control. Specifically, low levels of perceived control and/or an elevated desire for control have been linked to obsessive-compulsive symptoms across a variety of OCD subtypes, including contamination concerns. The current gold-standard treatment for OCD is exposure and response prevention (ERP), which requires individuals to yield control and confront a …