Digital Commons Network^™

Improvisation And Interpretation For High School Instrumental Students, Jeffrey J. Bianchine Jr.

Masters Theses

Improvisation is associated with jazz or rap in modern western culture, but classical music has a long tradition of improvisation featuring famous improvises such as Mozart and Liszt. Improvisation develops critical thinking and problem solving, essential skills in the American job market. The typical instrumental student does not often get the opportunity to use this. Bloom’s Taxonomy explains that students who do critical thinking activities in class have a better understanding of the course material. This course will equip students to improvise with others, make executive decisions about artistic elements in the repertoire, self-cretic playing, and compose a short cadenza.

Cracking The Code: How To Prevent Copyright Termination From Upending The Proprietary And Open Source Software Markets, Grant Emrich

Fordham Law Review

Computer software is protected by copyright law through its underlying code, which courts have interpreted as constituting a “literary work” pursuant to the Copyright Act. Prior to including software as copyrightable subject matter, Congress established a termination right which grants original authors the ability to reclaim their copyright thirty-five years after they have transferred it. Termination was intended to benefit up-and-coming authors who faced an inherent disadvantage in the market when selling the rights to their works. In the near future, many software works will reach the thirty-five-year threshold, thus presenting courts with a novel application of termination to computer …

Health Insurance And Bankruptcy Risk: Examining The Impact Of The Affordable Care Act, Philip M. Pendergast, Michael D. Sousa, Tim Wadsworth

Brooklyn Law Review

The passage of the Patient Protection and Affordable Care Act (“ACA”) in 2010 represented a watershed moment for healthcare in the United States. As is well-noted, the federal courts are still wrangling over the constitutionality of the law, and there is significant uncertainty regarding the extent to which the ACA will survive these legal battles. Unquestionably, the ACA has expanded access to health insurance for many millions of Americans. Prior to the advent of the ACA, Medicaid income eligibility for adults without dependents was approximately 61 percent of the Federal Poverty Line. Empirical studies since the advent of the ACA …

Ai In Adjudication And Administration, Cary Coglianese, Lavi M. Ben-Dor

Brooklyn Law Review

The use of artificial intelligence has expanded rapidly in recent years across many aspects of the economy. For federal, state, and local governments in the United States, interest in artificial intelligence has manifested in the use of a series of digital tools, including the occasional deployment of machine learning, to aid in the performance of a variety of governmental functions. In this Article, we canvass the current uses of such digital tools and machine-learning technologies by the judiciary and administrative agencies in the United States. Although we have yet to see fully automated decision-making find its way into either adjudication …

Apocalypse Ahoy: How The Cruise Industry Boom Is Harming The World’S Oceans And Problems With Enforcing Environmental Regulations, Nicholas J. Sarnelli

Brooklyn Law Review

The global cruise line industry enjoyed an incredible surge in popularity before the coronavirus pandemic. While the industry nearly sank in the wake of the pandemic, cruise lines are poised to continue to enjoy record-breaking profits while continuing to build larger and more opulent ships. This boom exacts a heavy toll on the environment, as cruise ships burn dirty fuel and dump dirty water into the world’s oceans. The current international legal framework for regulating the world’s shipping industry allows companies to effectively select which nation’s environmental laws to submit to, with ships flying under so-called “flags of convenience”. While …

Federal Land Conservation In Rural Areas, Jessica Owley, Jess Phelps

Brooklyn Law Review

Rural land has an important role to play in environmental protection. This Article examines how the federal government works to further the goals of land conservation in rural areas—ranging from farmland to forests and wetlands; from working landscapes to national parks; and from private to public landownership. We note three approaches. The federal government mandates conservation through laws like the Endangered Species Act and the Clean Water Act. The federal government incentivizes conservation through Farm Bill programs and tax incentives. Finally, the federal government facilitates conservation through noncoercive funding, review, and technical assistance programs under the Farm Bill, the National …

Redefining The Safe Third Country Exception Of The Immigration And Nationality Act In The Wake Of Trump, Daniel E. Rabbani

Brooklyn Law Review

The U.S. Immigration and Nationality Act lays out when an asylum seeker has the right to apply for asylum in the United States. This right is not available, however, when an asylum seeker passes through a designated Safe Third Country. A Safe Third Country is an internationally used concept that, pursuant to an international agreement, requires refugees to seek asylum in the first safe country that they step foot in. As the Safe Third Country exception on the Immigration and Nationality Act stands now, there are no guidelines on how to evaluate whether a country is in fact safe. This …

Putting A Finger On Biometric Privacy Laws: How Congress Can Stitch Together The Patchwork Of Biometric Privacy Laws In The United States, Eliza Simons

Brooklyn Law Review

The use of biometric identification in the consumer industry has grown immensely over the last decade and is projected to continue growing at an even faster rate. As private entities abandon password-based security systems and opt for the more secure, convenient, and cost-effective method of using biometric data, individuals are worried how that information will be protected. Although the right to privacy has always been valued in the United States, Congress has yet to specifically address biometric privacy. This note sets the legal landscape of privacy law, through the lens of biometric privacy, by surveying four categories of privacy law: …

Avoiding Wasteful Competition: Why Trading On Inside Information Should Be Illegal, Michael D. Guttentag

Brooklyn Law Review

This article offers a new and compelling reason to make all trading based on inside information illegal. The value realized by trading on inside information is unusual in two respects. First, inside information is produced at little or no incremental cost and is nevertheless quite valuable. Second, profits made from trading on inside information come largely at the expense of others. When the value of something exceeds the cost to produce it, a wasteful race to be the first to capture the resulting surplus is likely to ensue. Similarly, resources expended solely to take something of value from others are …

A Call To Replace The Apa’S Notice-And-Comment Exemption For Guidance Documents, Crystal M. Cummings

Brooklyn Law Review

Section 553 of the APA requires public “notice-and-comment” before a federal agency issues substantive rules and exempts from these procedures guidance documents that merely offer nonbinding insight and assistance on existing law. The problem of federal agencies using the notice-and-comment exemption to issue legislative rules that are legally binding has garnered considerable attention. Congressional efforts to amend the APA in response have failed and, in turn, variations have been offered on a seemingly simple fix—mandate or encourage agencies to solicit public input before issuing guidance documents. This note characterizes these proposals as overlays on the § 553(b)(A) exemption. The note …

Remedies For Government Breach: Lessons From The United States And A Zone Of Appealable Remedies For Southeast Asia, Benjamin D. Black

Brooklyn Law Review

Though international investment treaties may supplant domestic contract law in cross-border government contracts, their limited use in Southeast Asia informs the continued importance of clear remedies for a government breach of contract under domestic law. As investment from China’s Belt and Road Initiative continues to flow into the region, private parties require clear rules and remedies when a government breaches a contract. This note argues that the lack of clear and codified public contract law in Southeast Asia presents a substantial risk to private contractors and that the extreme variance in public contract law is detrimental to both parties involved. …

Without A Voice, Without A Forum: Finding Iirira Section 1252(G) Unconstitutional, Amanda Simms

Brooklyn Law Review

The Federal Tort Claims Act (FTCA) abrogates sovereign immunity in certain circumstances to allow private individuals, regardless of citizenship, to sue the United States for specific torts committed by government officials. Yet when two lawful permanent residents—located in different parts of the country—separately tried to sue the government for wrongful removal, one court dismissed the suit for lack of subject matter jurisdiction while the other court did not. These decisions, though reaching opposite conclusions, both relied on federal immigration statute 8 U.S.C. § 1252(g) in order to determine whether judicial review of immigrants’ removal orders is precluded. This note argues …

Online Learning In Graduate Health Programs: Andragogy, Lecture Preference, And The Effectiveness Of Synchronous And Asynchronous Participation, Adam Ladwig

Dissertations and Theses

Accelerated by the COVID-19 pandemic, graduate health programs have undertaken greater utilization of online learning, employing synchronous and asynchronous online lectures as a replacement for traditional face-to-face instruction. Although supported in previous literature as a method at least equally effective to traditional learning, online learning has been a source of frustration for students and instructors expecting face-to-face instruction. This dissertation project seeks to explore (1) the ways in which principles of andragogy have been implemented in graduate health programs in response to the COVID-19 pandemic, (2) the factors that contribute to preference for online method of lecture participation (synchronous or …

Lower Extremity Power And Movement Velocity In Competitive Older Athletes, Becca D. Jordre

Dissertations and Theses

Older adults are a rapidly growing population which house a subset of older athletes who regularly engage in sport competition. The physical health and risk factors of this competitive older athlete population have been largely overlooked by healthcare providers and researchers and are poorly understood. Older athletes exhibit distinctly different measures of physical performance which require unique thresholds to identify health-related risk factors. While lower extremity power and movement velocity have been identified as valuable measures of physical performance and fall risk in community-dwelling older adults this relationship has not been explored in competitive older athletes. One method for analyzing …

Unsettling South Dakota Literature: Countering Lionized Representations Of A Frontier Fantasy Space, Lindsay R. Stephens

Dissertations and Theses

In this dissertation, I challenge the pervasive notion of South Dakota as a settler fantasy space by considering several of its twentieth and twenty-first century literary offerings through the lens of Settler Colonial Studies. Settler colonial ideology has long dominated historical, sociopolitical, and literary narratives in South Dakota, affecting state policy, Lakota and Dakota sovereignty, public school curricula, the state’s economy, and even state and local responses to the COVID-19 pandemic. Notions of Manifest Destiny and a Wild West frontier continue to evolve, shift, and resolidify in South Dakota, playing a key role in the perpetuation of institutionalized disenfranchisement and …

Mental Fatigue On Landing Performance, Madison Marie Gaffney

Dissertations and Theses

Mental fatigue has been shown to impair physical performance, especially for endurance-based sports. However, little research has been done regarding the impacts of mental fatigue on shorter maximal effort movements during a common sport related activity such as the depth jump. The purpose of this study was to investigate the effects of mental fatigue on short maximal performance efforts and predisposing biomechanical variables for non-contact ACL tears during depth-jumps in 18 Division I female soccer players. Each participant completed five depth jumps, followed by a 30-minute Stroop task to induce mental fatigue, and then completed five more depth jumps. Multiple …

Supporting Teachers Through Standardized Testing: Elementary Teachers' Perceptions Of Administrator Support, Erica Neeves

Dissertations and Theses

In recent years, standardized assessment has played a major role in the American school system. Standardized testing, sometimes referred to as high-stakes testing, is a measure to ensure accountability and equity. One standardized test, the NWEA MAP assessment, is used to measure growth and proficiency. When students complete the assessment, they receive a Rasch UnIT (RIT) score and a prediction of growth for the next time they take the assessment, as well as a projection of whether or not they are on track for that expected growth (NWEA, 2021). The purpose of this study was to explore teacher perceptions of …

Modulation Of Stress-Induced Behaviors Through Orexinergic Signaling In The Basolateral Amygdala, Jazmine D W Yaeger

Dissertations and Theses

Stress initiates behavioral disturbances, which are often seen as symptoms of psychiatric disorders, like post-traumatic stress disorder (PTSD), depression, and anxiety. While stress is involved in the formation of disordered states, only certain individuals are vulnerable to, and therefore experience, these outcomes. Further, females are more likely to be diagnosed with stress-induced psychiatric disorders. Elements within stress neurocircuitry offer insight into differential behavioral outcomes associated with stressful experiences; and the basolateral amygdala (BLA), where pro- and anti-stress signals are integrated, is likely an important mediator in phenotype development. The orexin system, too, while being strongly associated with sleep, motivation, and …

Restorative Practice In Secondary Schools: A Case Study On Leadership, Implementation, And Challenges, Sarah M. Gross

Dissertations and Theses

Students who receive exclusionary discipline (discipline that removes them from the classroom) are less likely to graduate from high school. It has long been documented that students of color, special education students, and boys are more likely to be assigned suspensions and miss classroom instruction. Discipline matrices have been in place across the country and disparities still exist in consequences assigned to individual students. To alter this current reality, school professionals have looked for alternatives. One possibility lies in restorative practices. Restorative practices are strategies that value the whole child and consider not only an act of harm, but also …

Adjunct Fenofibrate Up-Regulates Bile Acid Glucuronidation And Improves Treatment Response For Patients With Cholestasis, Gina M. Gallucci, Trottier, Christopher Hemme, David N. Assis, James L. Boyer, Olivier Barbier, Nisanne S. Ghonem

Pharmacy Practice and Clinical Research Faculty Publications

Accumulation of cytotoxic bile acids (BAs) during cholestasis can result in liver failure. Glucuronidation, a phase II metabolism pathway responsible for BA detoxification, is regulated by peroxisome proliferator–activated receptor alpha (PPARα). This study investigates the efficacy of adjunct fenofibrate therapy to up-regulate BA-glucuronidation and reduce serum BA toxicity during cholestasis. Adult patients with primary biliary cholangitis (PBC, n = 32) and primary sclerosing cholangitis (PSC, n = 23), who experienced an incomplete response while receiving ursodiol monotherapy (13-15 mg/kg/day), defined as serum alkaline phosphatase (ALP) ≥ 1.5 times the upper limit of normal, received additional fenofibrate (145-160 mg/day) as standard …

Personal Digital Health In Parkinson's Disease: Case Histories And Commentary, Aidan T. Boving, L. Shuster, Theodore A. Walls, Todd Brothers

Pharmacy Practice and Clinical Research Faculty Publications

The use of self-tracking of bio-behavioral states along with prescription dosing information is increasingly popular in the care and study of many human diseases. Parkinson’s Disease is particularly amenable to such tracking, as patients live with the progressive disease for many years, increasing motivation to pursue quality of life changes through careful monitoring of symptoms and self-guided management of their medications and lifestyle choices. Through the use of digital self-tracking technologies, patients independently or in conjunction with professional medical advice are modulating their medications and behavioral regimens based on self-tracking data. Self-trackers engage in self-experimentation with their health, and more …

Combination Intrathecal Drug Therapy Strategies For Pain Management, Jay Karri, Mani Singh, Devas J Modi, Vwaire Orhurhu, Caleb Seale, Michael Saulino, Anuj Marathe, Darrell Vydra, Jonathan M Hagedorn, Brian Bruel, Alaa Abd-Elsayed

Department of Rehabilitation Medicine Faculty Papers

Background: Numerous combination intrathecal drug therapy (CIDT) strategies exist and are utilized for varying pain syndromes, typically when monotherapy dose escalation or medication alternation is deemed untenable or unfeasible. Unfortunately, the supportive evidence basis for the use of these strategies and specific drug combinations is generally lacking and unclear, with many medications being used for off-label indications.

Objective: In this manuscript, we provide a robust exploration and analysis of the literature to provide an evidence-based narrative for the use of CIDT strategies in regard to clinical indications, pharmacologic parameters, specific drug combinations, safety profiles, and future directions.

Study design: Narrative …

Vaccine Hesitancy - When Emotions Trump Reason, Lawrence C. Scharmann

Department of Teaching, Learning, and Teacher Education: Faculty Publications

Isn’t getting a vaccine a decision of choice or personal liberty? Yes, but only if personal choices don’t create health risks for other citizens. We no longer permit individuals to smoke in public spaces in which second-hand smoke can harm the health of others. In the case of COVID-19, at best, individuals whose choice it is not to be vaccinated slow progress toward herd immunity. At worst, if enough individuals choose not to vaccinate, this pandemic continues unabated, enabling variants of the original virus to emerge – variants that are often of increasing virulence. Fear of ingredients, however, is but …

Empowering Computing Students With Proficiency In Robotics Via Situated Learning, Weitian Wang, Constantine Coutras, Michelle Zhu

Department of Computer Science Faculty Scholarship and Creative Works

With the increasing employment of robots in multiple areas such as smart manufacturing and intelligent transportation, both undergraduate and graduate students from computing related majors (e.g., computer science and information technology) demonstrated strong interests in learning robotics technology to broaden their career opportunities. However, instilling computing students with robotics knowledge remains a challenge since most of them have limited pre-training in engineering subjects such as electronics and mechatronics. Therefore, robotics education for computing students demands an immersive real-world learning environment by considering both theories and intensive hands-on projects. Different from traditional textbook-directed robotics learning, in this study, a situated learning-based …

Human Behavior In Domestic Environments: Prediction And Applications, Sharare Zehtabian

Electronic Theses and Dissertations, 2020-2023

A longstanding goal of human behavior science is to model and predict how humans interact with each other or with other systems. Such models are beneficial and have many applications, including designing and implementing assistive technologies, improving users' experiences and quality of life and making better decisions to create public policies. Behavior is highly complex due to uncertainties and a lack of scientific tools to measure it. Hence prediction of human behavior cannot be 100% accurate. However, prediction is also not hopeless because the biological needs, as well as cultural conventions (for instance, regarding meal times) set the general patterns …

Efficient Data Structures For Text Processing Applications, Paniz Abedin

Electronic Theses and Dissertations, 2020-2023

This thesis is devoted to designing and analyzing efficient text indexing data structures and associated algorithms for processing text data. The general problem is to preprocess a given text or a collection of texts into a space-efficient index to quickly answer various queries on this data. Basic queries such as counting/reporting a given pattern's occurrences as substrings of the original text are useful in modeling critical bioinformatics applications. This line of research has witnessed many breakthroughs, such as the suffix trees, suffix arrays, FM-index, etc. In this work, we revisit the following problems: 1. The Heaviest Induced Ancestors problem 2. …

Framework Of Big Data Analytics In Real Time For Healthcare Enterprise Performance Measurements, Ahmed Mohamed

Electronic Theses and Dissertations, 2020-2023

Healthcare organizations (HCOs) currently have many information records about their patients. Yet, they cannot make proper, faster, and more thoughtful conclusions in many cases with their information. Much of the information is structured data such as medical records, historical data, and non-clinical information. This data is stored in a central repository called the Data Warehouse (DW). DW provides querying and reporting to different groups within the healthcare organization to support their future strategic initiatives. The generated reports create metrics to measure the organization's performance for post-action plans, not for real-time decisions. Additionally, healthcare organizations seek to benefit from the semi-structured …

Depression Screening Upon Admission At An Addiction Facility: A Quality Improvement Project, Eric Aniekwena

Doctor of Nursing Practice

More than one in six Americans will have a diagnosis of a substance use disorder at some time in their life. According to the National Institute on Drug Abuse (2020), those with a substance use disorder will have an increased rate of having a comorbidity of depression or depression symptoms during treatment, leading to poorer outcomes. The purpose of this quality improvement project was to increase provider and staff adherence to the treatment standards outlined in the Veteran’s Affair/Department of Defense Clinical Practice Guideline for the Management of Major Depressive Disorder (Veteran’s Affairs/Department of Defense, 2016). During this 10-week process, …

Expansion Of A Comprehensive And Standardized Well-Woman Exam Program In A University-Based Clinic, Gabriela Trevino

Doctor of Nursing Practice

Background. Well-woman exams are an opportunity for women to receive focused screening, counseling, education, and care from a healthcare provider. Studies have found that 68% of women received well-woman exams between 2010 and 2016. During COVID-19 well-woman exams decreased by 80% in the United States. Standardized, comprehensive exams facilitate identification of the need for lifesaving care. Objective(s). The purpose of this quality improvement project was to expand a comprehensive and standardized well-woman exam program in a university-based clinic. Methods. Processes were implemented to promote well-woman exams, patient comfort measures, and completion of an evidence-based standardized comprehensive exam …

Providing Resources To Caregivers Of Pediatric Mentally Ill Clients And Assessing For Caregiver Burden, Stacy Dee

Doctor of Nursing Practice

Background. Provision of educational and supportive resources to the caregivers of children with mental illness can help create an environment of advocacy and understanding between the child, caregiver, and provider. In depth and comprehensive learning about their child’s mental illness cannot be accomplished in a one-hour new patient appointment or established patient appointment of 20 minutes. Purpose. The purpose of this practice improvement project was to facilitate educational and community support for caregivers of pediatric clients with mental illness and evaluate if caregivers require additional support due to burden. Objectives. (a) 100% of caregivers of pediatric clients who have appointments …