Digital Commons Network^™

Contracts In The Age Of Smart Readers, Yonathan A. Arbel, Becher, Shmuel I.

Articles

No abstract provided.

Federalism By Deception: The Implied Limits On Congressional Power, Bryan K. Fair

Articles

The purpose of this Article is to lay bare federalism by deception and the theory of implied limits on federal power. Other scholars have recently noted the rise of anti-federalist viewpoints in modern cases. I go a step further to demonstrate how Supreme Court Justices have embraced anti-federal ideology, but have cited Federalist sources, including Marshall, to announce unenumerated limits on federal legislative power.

On The Importance Of Being Earnest: Contrasting The Dangers Of Makeweights With The Virtues Of Judicial Candor In Constitutional Adjudication, Ronald Jr. Krotoszynski

Articles

No abstract provided.

Assessing Amateurism In College Sports, Casey E. Faucon

Articles

College sports generate approximately $8 billion each year for the National C[artel] Athletic Association and its member institutions. Most of this revenue flows from lucrative television broadcasting deals, which often incorporate the right to commercialize and sell the names, images, and likenesses of college athletes. Under its current revenue scheme, student-athletes-85 percent of whom live below the poverty line-receive a share of zero. For over a century, we've justified this exploitative distribution scheme under a cloak of student-athlete "amateurism." Antitrust challenges to the NCAA's amateurism rules clash with the assumption that "amateurism" is a revered tradition and an important tenet …

Bringing Predictability To The Chaos Of Punitive Damages, Benjamin Mcmichael, W. Kip Viscusi

Articles

Punitive damages remain unique in the American legal system. Awarded in the civil context with none of the protections offered in criminal law, courts levy punitive damages to punish and deter. The Supreme Court of the United States has clearly stated that courts may only seek to achieve these two goals when imposing punitive damages. A closer reading of the Court's punitive damages jurisprudence, however, reveals another goal that has largely been ignored: predictability. Unlike punishment and deterrence, predictability is not a purpose for which to award punitive damages. Instead, the Court requires that, when awarded, the level of punitive …

Exploring Cover Crops For Managing Plant-Parasitic Nematodes Heterodera Glycines And Pratylenchus Penetrans, Kamal Neupane

Plant Sciences

Three studies were conducted to assess the effects of cover crops on plant-parasitic nematodes (PPNs) of potato and soybean. The first study investigated the hosting and population reduction abilities of 25 cover crops to Pratylenchus penetrans and found alfalfa (Bullseye) to reduce the initial population densities consistently. The second study tested the population reduction abilities of ten cover crops to two soybean cyst nematode (SCN; Heterodera glycines) populations in the microplot. Sunnhemp (cultivar not specified) was the most effective to reduce both SCN populations. The third study evaluated ten cover crops in a growth chamber for their impacts on hatching …

Understanding The Mode Of Action Of Essential Oil Nanoemulsions To Inhibit Fusarium Growth And Mycotoxin Production In Cereal, Haiyang Jiang

Plant Sciences

Deoxynivalenol (DON) is a commonly occurred mycotoxin in cereal-based food, which is mainly produced by Fusarium spp. in the field. It is unfeasible to entirely avoid DON contamination in cereal grains with good agricultural practices. Therefore, it is of great importance to have a strategy for preventing DON contamination in our final food products. In recent years, utilization of plant extracts such as essential oils (EOs) as antifungal and mycotoxin inhibitory agents in foods have gained popularity. Depending on the EO type and chemical composition of EOs, the antifungal and mycotoxin inhibitory efficacies of different EOs might be varied. In …

Soybean Iron Deficiency Chlorosis And Amaranthus Suppression By An Oat Companion Crop, Jeffery Stith

Plant Sciences

Iron Deficiency Chlorosis (IDC) and weedy Amaranthus species are two production challenges affecting soybean production in North Dakota. Field experiments were conducted to evaluate the effect of an oat companion crop on soybean and to evaluate soybean preemergence herbicides effect on an oat companion crop and Amaranthus. An oat companion crop reduced IDC symptoms in one environment, but did not reduce IDC in others. An oat companion crop reduced Amaranthus biomass, but in many site years this suppression did not occur until soybean yield loss was realized. Flumioxazin and sulfentrazone consistently provided the greatest control of Amaranthus, but was also …

Identification Of Genomic Regions Associated With Color-Related Traits In Durum Wheat, Seyedali Hosseinirad

Plant Sciences

Durum wheat (Triticum turgidum L. ssp. durum Desf.) is one of the main crops for human consumption, and it is an essential ingredient for pasta production. The color of pasta can range from bright yellow to dim brown. Pasta brightness and yellowness are important quality indicators for producers and customers. Releasing durum wheat cultivars capable of producing pasta products with high yellow color can be an important goal for breeders. Yellow pigment content (YPC) is one of the important components that affect pasta color. The yellow color of pasta is not necessarily dictated by the presence of YPC; soluble brown …

Genome-Wide Association Study And Genomic Prediction For Pod Shatter Resistance In Brassica Napus L., Shakil Hosain

Plant Sciences

The release of seeds from a mature dry pod is known as shattering. Pod shattering results in significant yield losses in rapeseed/canola. An experiment was conducted in five environments in 2020 and 2021 under the field and the greenhouse conditions using 150 spring-type Brassica napus genotypes. Genome-wide association study (GWAS) identified 21 significant SNPs for pod shattering using eight different GWAS models. The phenotypic variation explained by these SNPs ranged from 3.8 -25.4%. Three potential candidate genes, IND, AGL65, and MAN7, were identified for the pod shattering. Genomic prediction was done using 14 genomic selection models. The prediction ability for …

Study Of Freezing Tolerance After Cold Acclimation Followed By Deacclimation In Winter And Spring Canola (Brassica Napus L.), Ashok Mandal

Plant Sciences

Winter canola/rapeseed (Brassica napus L.) produced 20 to 30% greater yield over spring canola. It overwinters to flower in spring. The winter type shows increased freezing tolerance after cold acclimation, which is crucial to survive in winter. However, short duration warm spells can cause canola to lose increased freezing tolerance in a process called “deacclimation” making it again vulnerable to freezing damage. We found canola almost completely deacclimated at 13°C or more for at least two days of deacclimation. However, longer duration of deacclimation (7 & 14 days) showed increased freezing tolerance as compared to 2 & 3 days at …

Biomass Yield And Nutritive Value Of Annual Forage Mixes Compared With Monocrops, Kenneth Mozea

Plant Sciences

Forage mixes could serve as a cover crop mix to protect the soil during the winter, for prevented planting areas or as a high nutritious feed for grazing livestock. The objective of this study was to determine the nutritive value and productivity of selected annual forage mixes compared with forage sorghum monocrops. The nutritive value of annual forage mixes and monocrops varied across environments and between treatments. Monocultures produced more biomass than annual forage mixes. The three most productive mixes in comparison to the others were hybrid brassica/oat/forage pea/forage sorghum x sudangrass/sweet sorghum blend/foxtail millet, turnip/forage sorghum x sudangrass/sweet sorghum …

Pre-Breeding To Combine Diverse Disease Resistance And Agrotype Genes In Hard Winter Wheat, Sagar Adhikari

Plant Sciences

The NDSU hard winter wheat (HWW) breeding program aims to develop improved varieties that are better equipped to cope with the environmental and disease challenges of the northern prairies. To achieve this, it is necessary to continually acquire and employ useful disease resistance and adaptation genes from other sources of HWW and hard spring wheat (HSW) germplasm. The first study pursued the transfer of the FHB resistance QTL Qfhb.rwg- 5A.1 and Qfhb.rwg-5A.2 (obtained from HSW PI 277012) through continued backcrosses into the HWW cultivar, ND Noreen, utilizing previously derived cross segregates and markers. A second study used modified single seed …

Griggs V. Duke Power Co., Angela Onwuachi-Willig, David Simson

Articles & Chapters

No abstract provided.

Lawyers And The Lies They Tell, Bruce Green, Rebecca Roiphe

Articles & Chapters

Noting that the First Amendment protects lies about the government made in the public square, this article explores whether lawyers’ free speech rights ought to be different from that of other speakers. The law holds lawyers to a more demanding standard of conduct than others when it comes to aspects of lawyers’ fiduciary relationships with courts and clients. But how much more demanding can the law be when it comes to lawyers’ speech — in this case, false political speech? Applying the current First Amendment framework, we question the bar’s assumption that lawyers’ speech outside of these contexts can be …

Role Of Aurora Kinase A, Rab4a, And Endolysosomes In The Development Of Alzheimer’S Disease-Like Pathology, Zahra Afghah

Theses and Dissertations

Endosomes and lysosomes (endolysosomes) are organelles that play key roles in cell survival and cell death. These acidic intracellular organelles are the principal sites for intracellular hydrolytic activity required for the maintenance of cellular homeostasis. Endolysosomes are involved in the degradation of plasma membrane components, extracellular macromolecules, as well as intracellular macromolecules and cellular fragments. Understanding the physiological significance and pathological relevance of endolysosomes is now complicated by relatively recent findings of physical and functional interactions between endolysosomes and other intracellular organelles including endoplasmic reticulum, mitochondria, plasma membranes, and peroxisomes. Indeed, evidence clearly indicates that endolysosome dysfunction and inter-organellar signaling …

The Experience Of Saudi Students Writing Academic English In Sex-Separated Classrooms, Rana Alsaadi

Theses and Dissertations

This is a qualitative research that investigates the experiences of undergraduate Saudi female and male students majoring in English at Taif University, Saudi Arabia. These students were part of different sections of a course that teaches academic English writing and research in an English as a Foreign Language context. These Saudi female and male students draw on their perceptions of three main points; First, how they experienced the academic English writing course in sex-separated classrooms. Second, how the current sex-separated classrooms influence their learning of English and how if this hypothetically change to mixed-sex classrooms their experiences in learning English …

The Discovery And Investigation Of Jig (Cg14850): A Previously Uncharacterized Novel Drosophila Melanogaster Protein, Sayem Hoque Bhuiyan

Theses and Dissertations

Despite Drosophila being one of the most studied model organisms in the world of research, one-third of 14,000 protein-encoding genes that the Drosophila genome possesses code for proteins that are yet uncharacterized. While investigating some of these uncharacterized Drosophila proteins, we identified a scarce protein type–a protein localized in both mitochondria and nucleus. Proteins, dual-localized in mitochondria and nucleus, establish communication between these organelles. This type of dual-localized protein is among the rarest of proteins, which limits us from fully understanding the mito-nuclear communication mechanism. Here, we tell the story of Jig, which we discovered to be one of those …

The Architecture And Dynamics Of Gene Regulatory Networks Directing Cell-Fate Choice During Murine Hematopoiesis, Joanna Handzlik

Theses and Dissertations

Mammals produce hundreds of billions of new blood cells every day througha process known as hematopoiesis. Hematopoiesis starts with stem cells that develop into all the different types of cells found in blood by changing their genome-wide gene expression. The remodeling of genome-wide gene expression can be primarily attributed to a special class of proteins called transcription factors (TFs) that can activate or repress other genes, including genes encoding TFs. TFs and their targets therefore form recurrent networks called gene regulatory networks (GRNs). GRNs are crucial during physiological developmental processes, such as hematopoiesis, while abnormalities in the regulatory interactions of …

Suitability Analysis Of Snow And Ice Changes For Ice Patch Archaeology: A Case Study In The Crazy Mountains, Montana, Christine Kay Lidenberg

Theses and Dissertations

As technology advances over the years there has been a growing interest in the application of using remote sensing for conveying the detection of alpine archaeological sites. As climate changes and global temperatures rise across the globe perennial snow/ ice patches are melting and disappearing in alpine areas. These alpine archaeological sites are being immensely affected and, in some cases, destroyed. The research was conducted to determine if using both remote sensing imagery and suitability models could detect the extent of perennial snow/ice patch loss and determine the ice patches most vulnerable to melting in the Crazy Mountains of Montana. …

Landscape Ecology Influence On Population Dynamics And Gene Flow: A Muskrat’S Tale, Ayla A. Morehouse

Theses and Dissertations

Understanding movement patterns across a landscape is an essential tool for wildlife managers to understand and predict population dynamics, interactions, and susceptibility to disease and environmental changes. Part of this is due to population spatial synchrony being driven by three primary factors: dispersal, the “Moran Effect”, and trophic interactions. We seek to understand if dispersal may play a larger role in population synchrony and, if so, what landscape features may hinder the movement of muskrats (Ondatra zibethicus), a small semiaquatic mammal that relies on ditches and shallow wetlands for habitat and local movement. In this study we genotyped eleven microsatellite …

Mosquito Fauna And Prevalence Of Avian Malaria In The Turtle Mountains, North Dakota, Kelsey J. Morin

Theses and Dissertations

Avian malaria is a disease caused by intracellular parasites transmitted by mosquitoes and is detrimental to individual birds and their populations. Although it is sub-lethal in most instances, avian malaria can result in anemia, lower fertility, and reduced migration ability. The Turtle Mountains is a unique ecoregion in North Dakota and provides habitat for various bird and mosquito species that differ from other parts of the state. Previous research has defined the mosquito fauna and occurrence of avian malaria in the Red River Valley region of eastern North Dakota and Northwest Minnesota; however, no research has been conducted in the …

Behavioral Responses Of Breeding Ducks To Unmanned Aerial Vehicle Surveys And Best Practices For Breeding Waterfowl Surveys Using Unmanned Aerial Vehicles, Mason Ryckman

Theses and Dissertations

Unmanned aerial vehicles (UAVs) have become a popular wildlife survey tool. As such, biologists are exploring the use of UAVs for surveying waterfowl. The most cited benefit of using UAVs over traditional methods is the idea of reduced disturbance, but this has had limited formal evaluation across species. We conducted UAV surveys with associated behavioral observations of ducks on wetlands and on nests during the 2019 – 2020 breeding seasons. We found species-specific behaviors among blue-winged teal (Spatula discors), northern shoveler (Spatula clypeata), and gadwall (Mareca strepera) including ducks noticing the aircraft, but reactions were generally less than traditional ground …

Effects Of Fractional Gravity On Human Gait, Elizabeth Nicole Smith

Theses and Dissertations

Only twelve humans have stepped on the Moon for a mere 80 hours. Further, noneof that Lunar exposure has been within the last 50 years. NASA’s Artemis Program recently announced that the next manned missions to the Moon will be scheduled for 2024 and 2025. With only a few years to prepare, it is pertinent that training for prospective astronauts reflects current scientific knowledge to ensure safety. In this study, the coordinative gait structures under 1.0g (Earth), as well as simulated 0.38g (Martian) and 0.17g (Lunar), were analyzed to discover critical changes in gait that may occur in these environments. …

Genetic Breed Association And Contraceptive Response Gwas Of The Feral Horses (Equus Caballus) Of Theodore Roosevelt National Park, Melissa Amy Thompson

Theses and Dissertations

Theodore Roosevelt National Park (TRNP) is home to a herd of feral horses (Equus caballus) which were present on the landscape prior to the establishment of the park and are now maintained as a living history demonstration herd. I used genomic analyses to investigate the TRNP horses’ relatedness to other breeds and the genetic basis for variation in response to a contraceptive vaccine. DNA from 118 horses was genotyped for 70k SNPs spread evenly across the genome. To clarify the relationship of this herd with other horses, I used population genomic analyses to compare the TRNP genotypes to a dataset …

Houghton Mifflin Harcourt Journeys Curriculum Series Longitudinal Effects On Grade 4 Student Reading Scores, Daniel Warcken

Theses and Dissertations

Within the last 100 years, the number of school districts in America has dropped by as much as 90% (Murdock, 2012), from 117,108 in 1939 to 13,452 in 2019 (National Center for Education Statistics [NCES], 2020). Funding and how to provide educational equity, equality, and justice for all is a critical conversation. According to the North Dakota Department of Public Instruction (NDDPI) (2018), 1.94% of the state’s $1.448 billion cumulative K-12 expenditures are associated with instructional media related to academic aids such as textbooks.

The purpose of this quantitative study was to identify if the major educational publishing company Houghton …

Meta-Analysis For Comparing Effect Between Game-Based Learning Versus Gamification Utilized In Nutrition Education, Chia-Lin Chang

Theses and Dissertations

The prevalence of obesity tripled from 1975 to 2016 and was declared as a global epidemic by the World Health Organization (WHO) in 1997 (Haththotuwa et al., 2020; "Controlling the global obesity epidemic," 2022). Nutrition education that involves knowledge and behavioral change is one major component addressing the problem ("Controlling the global obesity epidemic," 2022). Therefore, the effectiveness of each learning session is essential (Sharifirad et al., 2013). Thus, many nutrition educators have used gamified nutrition education to improve teaching effectiveness to increase healthy behavior or knowledge (Chow et al., 2020.; Munguba et al., 2008; Azevedo et al., 2019). Two …

Development Of The Share Your Story Program: Understanding How Self-Stigma And Mental Health Storytelling Influence Mental Health Experiences On College Campuses, Kyle Cromer Elliott

Theses and Dissertations

Mental health is a growing concern faced by college administrators. Self-stigma is a major barrier preventing mental health utilization and recovery on college campuses. The purpose of this research study is to understand how self-stigma influences the mental health experiences of college students.

The research study builds upon narrative inquiry—Honest, Open, Proud (HOP)—and the author’s lived experiences with mental health conditions to answer the research question: “How does self-stigma influence students’ mental health experiences on college campuses?”

Findings indicate that self-stigma and self-acceptance impacted if, how, and with whom research study participants shared their mental health conditions. Findings also show …

Evaluating Virtual Reality And Artificial Intelligence As Solutions For Delayed Flight Progress In Aviation Pilot Training, Ryan Paul Guthridge

Theses and Dissertations

Three studies in this dissertation examined a topic centered around delayed flight progress in aviation pilot training. Study one explored the impact of nonconcurrent flight laboratory training on the academic outcomes of collegiate aviation students, while studies two and three explored virtual reality and artificial intelligence as potential solutions to help alleviate the strain of delayed flight progress on the flight training organization. In the first study (n = 144), it was found that concurrent enrollment in an aviation classroom ground course and flight training laboratory positively impacts the mean academic block exam scores of students. In study two (n …

Small Mammal Community Ecology In A Northern Grassland, Lynda Lafond

Theses and Dissertations

I studied grassland small mammal community ecology at UND’s Oakville Prairie, in Grand Forks County, North Dakota summers 2018-2021. Specifically, I was interested in small mammal richness and abundance, investigating their habitat associations, investigating their phenotypic variation, and understanding their diets. I trapped small mammals for five consecutive nights at the end of June to early July 2018 – 2021. I also measured plant community composition and structure metrics. Over the four years, I captured 985 individuals from 11 species. Species richness and abundance varied spatially and temporally across the site. I most frequently captured meadow voles (Microtus pennsylvanicus), mice …