Digital Commons Network^™

Ethical Compass: Three Different Judicial Treatments For Settlement Fever, Elayne E. Greenberg

Faculty Publications

(Excerpt)

This is the first of a three-part series that examines different aspects of the settlement fever that has stricken our justice system. What can we learn from judicial decisions about how individual judges assess the settlement means that lawyers, in consultation with their clients, have chosen to resolve their case?

Co-Opting Coronavirus, Assailing Asylum, Ashley B. Armstrong

Faculty Publications

The Centers for Disease Control (CDC) issued an Order on March 26, 2020, under Title 42, Section 265 of the Public Health Service Act, in the name of combatting the spread of coronavirus. The Order has been called the “Asylum Ban” because it effectively has sealed the southern border to protection-seekers, resulting in the pushback of nearly 400,000 asylees and unaccompanied children. This Article argues that the Trump administration has contravened the rule of law by using the coronavirus pandemic as a convenient pretext to end asylum in the U.S., and by violating the rights of protection-seekers. In doing so, …

Fluid Dynamics: Representations Of Water In Music, James E. Evans

Theses and Dissertations--Music

Water has remained a subject of all kinds of musical works since at least the middle ages. These musical works lack the concrete representational capacity of paintings, photographs, and films, relying instead on more abstract metaphorical constructs to convey water imagery. Current scholarship on water music typically centers on Romantic and Impressionist works and does not examine the process of signification by which musical signs portray water. The principal goal of this study is to determine how musical devices convey specific aspects of bodies of water and how such devices interact and contribute to musical depictions of streams, rivers, lakes, …

Ant Fauna (Hymenoptera: Formicidae) Of Central Anatolian Region Of Turkey, Kadri̇ Kiran, Celal Karaman

Turkish Journal of Zoology

The Central Anatolian part of Turkey was investigated with the aim of determining its Formicidae fauna. Specimens were collected by hand sampling and pitfall traps in 24 habitats in 383 different localities in Central Anatolia Region during 2001-2016. As a result, 137 species belonging to 34 genera were determined. Messor incorruptus Kuznetsov-Ugamsky, 1929 and Ponera testacea Emery, 1895 are new records for Turkish ant fauna. We excluded four species, Camponotus sylvaticus (Oliver, 1792), Messor meridionalis (André, 1883), Proformica striaticeps (Forel, 1911) and Tapinoma nigerrimum (Nylander, 1856), from Turkish ant fauna due to recent taxonomic data and distribution pattern. With these …

Capoeta Kosswigi Karaman, 1969 A Junior Synonym Of Capoeta Damascina(Valenciennes, 1842) (Teleostei: Cyprinidae), Erdoğan Çi̇çek, Soheil Eagderi, Burak Seçer, Sevi̇l Sungur

Turkish Journal of Zoology

Capoeta kosswigi was described from Lake Van basin, Turkey, being close to C. damascina and C. umbla. It is distinguished from them by a pointed snout and a small horseshoe-shaped mouth, and differing from C. damascina by having smaller scales, and from the C. umbla by processing larger scales. In this study, we tested the suggested synonymy hypothesis of C. kosswigi and C. damascina by comparing the morphometric and meristic data. The results revealed that all morphometric and meristic characters of C. kosswigi overlap with those of C. damascina. In line with previous molecular studies that COI, cytb and 16S …

Selenium Removal And Pollution Swapping Potentials Of Passive Anaerobic Bioreactors Receiving Coal Slurry Impoundment Wastes, Md Anik Mahmud

Theses and Dissertations--Plant and Soil Sciences

Worldwide, selenium is a major contaminant of concern for coal and metal ore mining industries. In coal mining regions of the eastern USA, for example, billions of liters of wastewaters with elevated Se oxyanion concentrations (primarily SeO₄^2- and SeO₃^2-) are generated during coal washing which is often stored in > 700 man-made impoundments built into remote mountain valleys. Because impoundments are unlined systems, they tend to leak contents into nearby streams, which has detrimental effects on sensitive biota, particularly fish. The primary goal of this project was to evaluate the capacity of passive anaerobic bioreactors (PAB) …

Efficacy And Mechanism Of Acs811 In Tomato Immune Responses, Layne Ellen Harris

Theses and Dissertations--Plant and Soil Sciences

Biologicals are increasingly becoming an important part of sustainable integrated pest management in agricultural crop production and encompass a wide variety of products with varying degrees of efficacy and available research data. As biologicals become more integrated into commercial production systems, it is critical to rigorously evaluate biological product efficacy and mode(s) of action in crops. The better that biologicals are understood in terms of effective application, integration into commercial programs, and their specific mechanisms in crop growth and protection, then the greater the opportunity for increasing yields and food security.

ACS811 is a microbial fermentation-based biological product from Alltech …

Characterizing Galectin And Lysosomal Rupture's Role In Spreading Parkinson Disease Pathology, Kevin Burbidge

Dissertations

The misfolding and subsequent accumulation of alpha-synuclein (α-syn) is central to the pathogenesis of Parkinson's disease (PD). Several lines of evidence suggest pathological α-syn spread cell-to-cell via a "prion-like" mechanism. Furthermore, this pathological α-syn is capable of "seeding" further misfolding of non-pathological α-syn, converting them to the pathological form. While a vast body of both genetic and experimental evidence indicates that α-syn is critical to PD development, how α-syn induces progressive neuronal dysfunction and cell death remains unclear.Autophagy, conventional for macroautophagy, is the primary degradation pathway for α-syn aggregates. Autophagy also influences the unconventional secretion of both pathological and non-pathological …

Effective Design Of Online Intercultural Exchanges Among Successful Efl Teachers In Slovakia, Nikola Lehotska

Master's Theses and Doctoral Dissertations

This mixed-method research examined the reasons, challenges, and use of online intercultural exchanges (OIEs) among Slovak English as foreign language (EFL) teachers in order to maximize the potential of OIEs for English language learning. The study collected data from an online survey, semi-structured interviews, and artifact analysis. The key findings of this study demonstrate that Slovak EFL teachers engage in OIEs to develop their learners’ intercultural competence and to collaborate with other European teachers despite the time-consuming nature of the OIEs. Based on the results of the study, effective OIE projects include clear task instructions, information-exchange, and collaborative tasks. In …

Sleep And Athletic Performance Of Formula 1 Race Car Drivers During The 2019 Season, Alexander Pollack

Master's Theses and Doctoral Dissertations

Sufficient, good quality sleep is associated with better performance in many sports; however, this relationship has not been examined among motorsport athletes. The purpose of this thesis is to investigate the relationship between sleep quality (SQ), sleep duration (SD), and performance metrics among professional racecar drivers. During the 2019 season, five Formula 1 drivers reported SQ, SD, and hours of time change for each race. Performance data (finishing position and points earned) were obtained from a public website. Relationships between sleep variables and driving performance were examined using correlations. Correlations between SQ and driving performance were not significant. SD and …

Predictability Of Vo2max From Three Commercially Available Devices, Luke Daniel Mccormick

Master's Theses and Doctoral Dissertations

The Polar V800TM, A300TM, and Garmin Forerunner 235TM predict VO2max from a submaximal effort. Purpose: To examine the predictability of VO2max from two heart rate monitors (Device A and V) and a global positioning system (GPS) watch compared to measured VO2max. Methods: Forty participants, 22 males and 18 females ages 18 to 55, came to the Running Science Laboratory at Eastern Michigan University. During visit 1, participants completed a maximal graded exercise test (GXT) to determine VO2max. At visit 2, each device’s protocol was followed to estimate VO2max. Pearson correlations, repeated measures ANOVA, and a paired samples t-test were utilized …

Nurturing Creativity And Innovation Through Activity-Based Courses For Undergrad Interior Design Curriculum, Katherine Jean-Maxim Sword

Master's Theses and Doctoral Dissertations

Different strategies that have the capability of encouraging creative and innovative thought need to be evaluated by traditional literature review methodology. This study designed a four-part course to better teach creativity and innovation through design by using two principle questions. (a) What learning models are most effective at teaching creativity and innovation? (b) What teaching strategies are most effective at teaching creativity and innovation? The spectrum of research on creativity and innovation revealed four principles: fostering mastery of a discipline, reducing internal barriers, encouraging people to have divergent thinking, and crossing over disciplines can make new ideas emerge.Using the above …

The Blackbird's Sonnet And Other Tales: Stories Imagining An Art-Eco-Mad Ethic, Jacquie Pruder St. Antoine

Master's Theses and Doctoral Dissertations

Writing about experiences as a white, middle-class Madwoman, this dissertation explores the intersections between Mad studies and EcoJustice education using an arts-based, specifically poetic inquiry and fiction-based research, and autoethnographic approach. Weaving together the creative and academic, this writing is combined memoir, fiction, poetics, and theory on living Mad in a saneist, anthropocentric culture. In considering hierarchized thinking across disciplines, this collection of manuscripts examines how arts-based and autoethnographic approaches provide holistic, engaged, and accessible opportunities to Mad scholars to resist and explore experiences of oppression, Othering, and dominance while exploring how these ideologically relate to the larger living world. …

The Subdelegation Doctrine As A Legal Tool For Establishing Tribal Comanagement Of Public Lands: Through The Lens Of Bears Ears National Monument, Daniel Franz

Colorado Environmental Law Journal

No abstract provided.

What's Mine Is Yours: An Analysis Of The Federal Laws Used To Compensate The Navajo Nation And Remediate Abandoned Uranium Mines And Mills On The Reservation, Cody Philips

Colorado Environmental Law Journal

No abstract provided.

Green Infrastructure: Strengthening Federal Policy For Flood Mitigation, Ecosystems, And Community Well-Being, Mckenzie Brandon

Colorado Environmental Law Journal

No abstract provided.

Let My People Go Fishing: Public Stream Access And Navigability On Colorado's Rivers, Peter Jaacks

Colorado Environmental Law Journal

No abstract provided.

Inherent Powers And The Limits Of Public Health Fake News, Michael Goodyear

Articles & Chapters

The world has changed dramatically over the past year. The COVID-19 pandemic has presented unprecedented challenges and has caused a catastrophic loss of over 300,000 U.S. lives. This crisis has been compounded by an infodemic, an effusion of misinformation and fake news about COVID-19. This incorrect information has flooded social media and online platforms, confusing and misleading the American public. Yet U.S. constitutional law largely upholds fake news as protected free speech under the First Amendment. This legal reality has significantly compounded the COVID-19 crisis.

But U.S. law is not limited to only constitutional enumerated powers. An underexamined approach to …

Playing To Heal: The Impact Of Bereavement Camp For Children With Grief., Clarissa L. Salinas

Counseling Faculty Publications

Child bereavement is a difficult topic to explore and study because of stigmas in discussing death, and because of restrictions in doing research with young children. Thus, research in childhood bereavement is limited. This study focused on children who attended a bereavement camp after the traumatic loss of a loved one. The purpose was to understand the participants’ grief experiences. This research study used phenomenological inquiry and analysis methodology. Five female participants were interviewed for this study. In addition, participants created a sandtray world to convey their experiences at bereavement camp. The essence of participants’ experiences as revealed through verbal …

Preservice Teachers’ Use Of The Technology Integration Planning Cycle: Lessons Learned, Kristi Tamte Bergeson, Beth Beschorner

Reading Horizons: A Journal of Literacy and Language Arts

Preservice teachers (PSTs) often feel unprepared to utilize digital tools in meaningful ways that support learning in the elementary classroom. It is imperative that teacher preparation programs provide support in this area so that children can learn to use digital tools to communicate in the 21st century. Previous research suggests that the Technology Integration Planning Cycle (TIPC) can support teachers in making wise decisions related to the use of digital tools to support a literacy goal. In the present study, the authors examined how the TIPC can be used with PSTs as they develop technological, pedagogical, and content knowledge and …

From The Eyes Of Yellowstone National Park Visitors: Current And Future Desired Conditions, Glenna J. Hartman

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

"Its Own Little City": Service Work In Truck Stops, Michelle Elizabeth Williams

Graduate Student Theses, Dissertations, & Professional Papers

Montana truck stops act as a meeting place for long-haul truckers, vacationers, local commuters, and the workers simply trying to earn a living. The employees at such truck stops must navigate working-class customer service norms while interacting with a unique and diverse set of customers. The ethnographic and interview data that I collected during the 2020 offers a unique view of how customer service employees fared during political unrest, global health concerns, and financial struggle. Additionally, this study highlights the power dynamics that exist in the service industry by examining how such dynamics manifest in the interactions surrounding face masks, …

Ungulates Search For The Ideal Home: How Predation And Forage Differentially Affect Males And Females In A Partially Migratory Population, Hans William Martin

Graduate Student Theses, Dissertations, & Professional Papers

Migration is a strategy used across taxa to access resources in temporally heterogenous landscapes. Migratory species can attain higher abundances because access to higher quality resources, and/or reduction in predation risk. However, most migratory species occur in partially migratory populations, a mix of migratory and non-migratory, resident individuals. I first investigate the potential mechanisms maintaining partial migration in a partially migratory elk (Cervus canadensis) population. I test whether the theory of Ideal Free Distribution (IFD) can explain the coexistence of different migratory tactics in a partially migratory population. IFD predicts that individuals exhibit density-dependent vital rates and should select different …

Effects Of Weather, Parental Behavioral Plasticity, And Life History Traits On Offspring Growth, Development, And Energy Expenditure In Songbirds, Adam Elliot Mitchell

Graduate Student Theses, Dissertations, & Professional Papers

Weather creates energetic and survival challenges for organisms that can influence demography. Harsh weather often causes increased energy expenditure in adults, but how weather affects other life stages is less well understood. Juveniles are especially vulnerable because they must use energy to survive weather effects and maintain growth and development while having poorly developed thermoregulatory capabilities. Juveniles that spend energy overcoming harsh weather can have delayed growth and maturation, which can negatively affect competitive abilities, survival, and lifetime fitness. Understanding weather effects on offspring is particularly challenging in altricial species because parents have evolved strategies to ameliorate such effects. However, …

Prepare To Pivot: Shifting From The Projection Surface To The Zoom Screen Necessitated By Global Pandemic, David E. Mills-Low

Graduate Student Theses, Dissertations, & Professional Papers

Design for theatre is an endeavor in which the physical, the corporeal, the defined, is applied to an ephemeral artform, one meant to happen only in the moment and then fade away. As such, building the world of the theatrical space, whether physical or digital, is similar to shooting at a moving target. While one angle of approach may be perfect for a moment, being ready and flexible enough to pivot, whether to reimagine due to limitation or to adjust an entire project due to calamity, like the shift from in person to online streaming. This paper investigates the joy …

Cobalt Blue, Connor W. Southard

Graduate Student Theses, Dissertations, & Professional Papers

Cobalt Blue is a collection of three pieces of fiction. The first piece is the titular short story, “Cobalt Blue.” The second is the short story “The Martyrdom of St. Canisius.” Finally, there is an excerpt from a novel-in-progress, Hawkfeather. Thank you for your reading and consideration.

Evaluating A Need For Somatic Access To Classical Objects In Public Museums, Jerod G. Peitsmeyer

Graduate Student Theses, Dissertations, & Professional Papers

Physical experiences with ancient art objects in museums are rare. Display paradigms in most public institutions continue to propagate systems of participant interaction that reinforces unequal power structures. The Montana Musuem of Art and Culture (MMAC) is the current custodian of an ancient, Rhodian wine amphora that provides an opportunity to examine a novel system of somatic participation. This proposal upends traditional gatekeeping practices and serves as a powerful and progressive, humanist touchstone; an olive branch extended to the general public from behind the walls of higher education and the ramparts of privileged scholarship. This study reimagines the amphora's future …

Estimating Wolf Predation Metrics, Patterns, And Dynamics Across Time And Space In The Multi-Prey System Of Yellowstone National Park, Matthew Caldwell Metz

Graduate Student Theses, Dissertations, & Professional Papers

Predation is a fundamental driver in ecology, structuring ecosystems across the globe. However, understanding the effects of large carnivore predation is limited by both the observation process and the shorter duration of many studies. I used data from 23 years in Yellowstone National Park to disentangle both the importance of wolf predation on prey, and the imperfect observation process of studying predation. I first used field observations to test whether a sexually-selected trait, antlers in male elk, deterred wolf predation. I found that antlers reduced predation risk, emphasizing the selective nature of predation. Next, I used GPS data and ground-based …

Building Bridges: How Collaboration Is Addressing Wildlife-Vehicle Conflicts In Montana's Upper Yellowstone Watershed, Daniel Phelps Anderson

Graduate Student Theses, Dissertations, & Professional Papers

In my first semester of graduate studies at the University of Montana – Fall, 2019 – I was given an assignment from one of my professors to research a “landscape-scale” conflict of my choosing and compose a professional memo that could be sent to key influencers or stakeholders tied to the issue. Naturally, I directed my attention to a community I know and love, the Upper Yellowstone, and a conflict that is ubiquitous across the West: Wildlife-Vehicle Conflicts (WVCs).

In the pages that follow I describe how Yellowstone Safe Passages came to be, who is involved, and the steps we …

Equality, Animus, And Expressive And Religious Freedom Under The American Constitution: Masterpiece Cakeshop And Beyond, Daniel O. Conkle

Books & Book Chapters by Maurer Faculty

Professor Conkle's contribution to this volume, pre-print attached, is the chapter "Equality, Animus, and Expressive and Religious Freedom Under the American Constitution: Masterpiece Cakeshop and Beyond."

CHAPTER ABSTRACT: Does the First Amendment protect religious wedding vendors from anti-discrimination laws that require them to provide goods or services for same-sex weddings? The fundamental question is whether equality or religious freedom should prevail in this setting, but the complexities of American free speech and free exercise law—exacerbated by the Supreme Court’s decision in Masterpiece Cakeshop—have obscured the debate with dubious distinctions and highly contentious rationales and arguments. In this Essay, I present …