Digital Commons Network^™

Nonexclusive Functions And Separation Of Powers Law, Ilan Wurman

Minnesota Law Review Vols. 106:2 onward (2021-present)

The Constitution’s text, structure, and history suggest that some governmental functions strictly and exclusively appertain to a particular branch, and to the exercise of a single vested power. Many governmental functions, however, are nonexclusive: their exercise has some combination of legislative, executive, and judicial characteristics and, as a result, can be exercised by different branches exercising different vested powers. This Article proposes to reorient our thinking around exclusive and nonexclusive governmental functions, and demonstrates how doing so clarifies many existing doctrines and debates in administrative and separation of powers law. This approach differs in important respects from standard functionalist and …

The Judicial System’S Unjust Relationship With Attorney-Client Privilege: How Judges Knowingly (And Erroneously) Abrogate Important Contractual Arrangements In Corporate Transactions, Edward S. Adams

Michigan Business & Entrepreneurial Law Review

A Delaware court has recently recognized the need to enforce contracts that delineate where the attorney-client privilege rests after an asset transfer. This Article will argue that courts across the country should recognize the important and legitimate reasons for this type of decision. Part I will review how the attorney-client privilege functions for corporations and how courts respect the importance of the privilege in other contexts. Part II will review the fundamental corporate changes in which these questions can arise and situations in which courts choose to recognize the importance of protecting the attorney-client privilege. Part III will argue that …

Closing The Auditor Loophole: Towards A More Perfect Work-Product Waiver Doctrine, Evan Mulbry

Michigan Business & Entrepreneurial Law Review

The Supreme Court created strong protections for the attorney’s thought processes and analysis in Hickman v. Taylor. However, the Court in Arthur Young & Co. created a loophole enabling opposing lawyers to access the lawyer’s thought processes and legal strategies. This loophole was created when the Court allowed discovery of an auditor’s tax workpapers, and lower courts then interpreted this decision to imply that disclosing information to the outside auditor constitutes a waiver of attorney work-product protections. This loophole can be corrected through a Congressional statute that impacts the Federal Rules of Evidence, which would protect communications between outside auditors …

Minimum Deadly Contacts, Jesse Noltimier

Minnesota Law Review Vols. 106:2 onward (2021-present)

Domestic violence is a national epidemic. Roughly one in three women will experience some form of domestic violence during their lifetime. Women are also seventy times more likely to be killed in the two weeks after leaving their intimate partner than at any other time during their relationship. Thus, it is not surprising that the only safe haven available to those who escape their abusers is often located outside of the state where the violence occurred. The difficulties do not end once a survivor moves to another state. If she wants to obtain a lifesaving domestic violence protection order, she …

The Efficacy Of A Key Word Signing Workshop, Krista Mcmorran-Maus

Education (PhD) Dissertations

This study examined the effect of a 1-day, 6-hour key word signing (KWS) workshop on in-service special education teachers’ and speech-language pathologists’ (SLPs) (a) skill identifying American Sign Language (ASL) signs; (b) skill producing ASL signs; (c) use of KWS in the classroom or therapy room; and (d) perceived changes from taking part in a KWS workshop. Participants included five special education teachers, three SLPs, and four students with complex communication needs (aged 3 to 14 years) participated in the study. All eight adult participants participated in a pretest-posttest design with repeated posttest measures over time, survey design, and phenomenological …

Tennessee Bed Space And Operating Capacities Report, December 2022, Tennessee. Department Of Correction.

Bed Space & Capacity Reports

No abstract provided.

Critical Race Feminism, Health, And Restorative Practices In Schools: Centering The Experiences Of Black And Latina Girls, Thalia González, Rebecca Epstein

Michigan Journal of Gender & Law

Restorative practices (RP) in K-12 schools in the United States have grown exponentially since the early 1990s. Developing against a backdrop of systemic racism, RP has become embedded in education practice and policy to counteract the harmful and persistent patterns of disparities in school discipline experienced by students of color. Within this legal, social, and political context, the empirical evidence that has been gathered on school-based restorative justice has framed and named RP as a behavioral intervention aimed at reducing discipline incidents—that is, an “alternative” to punitive and exclusionary practices. While this view of RP is central to dismantling discriminatory …

Gender And Corporate Crime: Do Women On The Board Of Directors Reduce Corporate Bad Behavior?, Ido Baum, Dalit Gafni, Ruthy Lowenstein Lazar

Michigan Journal of Gender & Law

Public debate on mandating gender representation on boards of directors in the United States is close to a boiling point. California introduced a mandatory quota in 2018 only to see it constitutionally disqualified in 2022, and the Nasdaq Stock Market followed suit with new diversity rules in 2021 for all corporations listed on the exchange. While public discourse focuses on corporate performance, not much is known about the link between gender diversity and corporate normative obedience.

In this study we explore the relationship between boardroom gender representation and corporate compliance with the law. We examine the impact of gender diversity …

Evaluating Mislabeling Of Raw, Ready-To-Eat Seafood Products In Orange County, California, Courtney Kitch

Food Science (MS) Theses

Raw, ready-to-eat (RTE) seafood products have become increasingly popular globally, but they are vulnerable to species mislabeling and substitution. DNA barcoding allows for fish species identification by extracting, amplifying, and sequencing a standardized gene target. A wide variety of fish products have been studied with DNA barcoding, but notably missing are ceviche and poke, particularly in the United States. Sushi is known to be a target of mislabeling but has not been extensively studied in Orange County, CA. The objective of this study was to investigate species labeling and use of acceptable market names for sushi, poke, and ceviche sold …

Faculty Dedication

Washington Law Review

No abstract provided.

The Fight For Equality: Black Lives Matter, Success, & Social Media, Metyia K. Phillips

Undergraduate Honors Theses

This thesis strives to assess how social media has impacted the success of the Black Lives Matter movement. By conducting a survey between September 30th, 2022 - October 12th, 2022, respondents were asked questions to gauge their attitudes about the Black Lives Matter movement, social media usage, and the success of the movement. The results of the survey (n=571) in conjunction with a 2016 Pew Research Center survey (n=2,144) were used to evaluate how social media has impacted the success of the Black Lives Matter movement. The survey was taken by a nonrandom group of respondents because I distributed the …

Jail Health And Early Release Practices, Brandon L. Garrett, Deniz Ariturk, Jessica Carda-Auten, David L. Rosen

William & Mary Bill of Rights Journal

Local jails in the United States incarcerate millions of people each year. The COVID-19 pandemic made jail health a pressing public health concern nationally, where releasing individuals from jails occurred across the country in order to prevent pandemic spread. But releases also faced substantial resistance and exposed long-standing challenges in delivering adequate healthcare in jail settings. People in jail have substantially higher levels of medical need than individuals in the general population, with large numbers having serious mental illnesses and substance use disorders. Further, overcrowded conditions and poor healthcare standards and delivery make jails harmful to those already-vulnerable people. What …

Advances In Nlp Algorithms On Unstructured Medical Notes Data And Approaches To Handling Class Imbalance Issues, Hanna Lu

Computational and Data Sciences (PhD) Dissertations

This dissertation is composed of three research projects, each addressing one aspect of the text classification tasks on unstructured medical notes.

The first study investigated the model performance of sequence deep learning models that are widely used in NLP tasks such as RNN, GRU, LSTM, Bi-LSTM, as well as CNN and the novel and more advanced attention-based algorithms such as the Transformer Encoder and BERT-Base. The model performances of these algorithms were evaluated with and without pre-trained word embeddings. The Transformer Encoder model stood out as the best model for all tasks and the CNN model produced comparable performance when …

Probing The Boundaries Of Human Agency, Sook Mun Wong

Computational and Data Sciences (PhD) Dissertations

In this dissertation, I aim to advance our understanding of human agency and how it is computed. First, I probe the limits of what behavior we can and cannot produce agentically. Secondly, I explore microdosing with psychedelic drugs as a method of perturbing and studying changes to the sense of agency. Thirdly, I use transcranial magnetic stimulation to induce body movements and investigate how the sense of agency is affected. Finally, I summarise my findings and synthesize insights to further our understanding human agency.

World Transit Research December 2022 Newsletter, Institute Of Transport Studies Monash University

World Transit Research Newsletter

No abstract provided.

Agent-Based Modeling Predicts Rac1 Is Critical For Ovarian Cancer Metastasis, Melanie Rivera, Leslie Toledo-Jacobo, Elsa Romero, Tudor I. Oprea, Melanie E. Moses, Laurie G. Hudson, Angela Wandinger-Ness, Martha M. Grimes

Pathology Research and Scholarship

Experimental and computational studies pinpoint rate-limiting step(s) in metastasis governed by Rac1. Using ovarian cancer cell and animal models, Rac1 expression was manipulated, and quantitative measurements of cell-cell and cell-substrate adhesion, cell invasion, mesothelial clearance, and peritoneal tumor growth discriminated the tumor behaviors most highly influenced by Rac1. The experimental data were used to parameterize an agent-based computational model simulating peritoneal niche colonization, intravasation, and hematogenous metastasis to distant organs. Increased ovarian cancer cell survival afforded by the more rapid adhesion and intravasation upon Rac1 overexpression is predicted to increase the numbers of and the rates at which tumor cells …

2022-December-01-Joseph Headrick Wins Etsu's 3mt Competition, University Marketing And Communication, East Tennessee State University

ETSU News

JOHNSON CITY – Master’s degree student Joseph Headrick won East Tennessee State University’s recent 2022 3 Minute Thesis (3MT®) Competition with a presentation on “Salicylic Acid Inhibits Desiccation Survival of Salmonella Typhimurium.”

This competition, created at the University of Queensland, Australia, provides graduate students the opportunity to develop professional presentation and research communication skills. Participants condense complex research projects into engaging, three-minute presentations designed for a general audience using just one slide. Audience members learn what students in master’s and doctoral programs are studying and gain insight into the future of research, design and innovation in a variety of disciplines. …

Ascat Wind Estimation At 2.5 Km Resolution Supported By Machine Learning Rain Detection, Joshua Benjamin Kjar

Theses and Dissertations

The Advanced Scatterometer (ASCAT) is a C-band scatterometer designed to be less sensitive to rain contamination than other higher frequency scatterometers. However, the radar backscatter is still affected by rain which increases error during wind estimation. The error can be reduced in rainy conditions by combining a rain backscatter model with the existing wind only (WO) backscatter model to perform simultaneous wind and rain (SWR) estimation. I derive and test several 2.5 km resolution rain backscatter models for ASCAT data which are used with the WO model to estimate the near surface winds. Various rain models optimal for different purposes …

Spacecraft Charging Test Considerations For Composite Materials, Allen Andersen, Wousik Kim, J. R. Dennison, Brian Wood, Todd A. Schneider, Jason Vaughn, Kenneth H. Wright Jr., Nelson W. Green, Eric Suh, Joel Schwartz, Abdul-Majeed Azad

Journal Articles

Composite materials present a growing challenge for spacecraft charging assessments. We review some recent lessons learned for charging tests of composite materials using both parallel-plate and electron beam test geometries. We also discuss examples of materials that exhibit significant variations between samples, despite them all having the same trade name.

A Mathematics Pipeline To Student Success In Data Analytics Through Course-Based Undergraduate Research, Kristin P. Bennett, John S. Erickson, Amy Svirsky, Josephine C. Seddon

The Mathematics Enthusiast

This paper reports on Data Analytics Research (DAR), a course-based undergraduate research experience (CURE) in which undergraduate students conduct data analysis research on open real- world problems for industry, university, and community clients. We describe how DAR, offered by the Mathematical Sciences Department at Rensselaer Polytechnic Institute (RPI), is an essential part of an early low-barrier pipeline into data analytics studies and careers for diverse students. Students first take a foundational course, typically Introduction to Data Mathematics, that teaches linear algebra, data analytics, and R programming simultaneously using a project-based learning (PBL) approach. Then in DAR, students work in teams …

Undergraduate Research In An Applied Probability & Statistics Course, Michael Smith

The Mathematics Enthusiast

The author modified a course entitled Applied Probability and Statistics to engage students in performing their own hypothesis tests in a course-based undergraduate research experience (CURE). This paper discusses the structure of the course, what it does to encourage undergraduate research, and changes one could make to tailor this experience to their own institutional needs.

Nurturing The Disease - A Glimpse From The Outside Looking In: An Autoethnographic Exploration Of The Nature Of Nurture And Its Role In Chronic Illness, Michelle Leeann Koudsi

Social Work Theses - Archive

This autoethnographic illness narrative explores nature versus nurture’s impact on chronic illness. The author argues that environmental factors play a significant role in the rise of chronic illnesses. My hope is that this study will allow society and healthcare providers to gain a deeper understanding of the connection between illness and trauma as well as the importance of quality, positive patient-provider relationships. This study also demonstrates the importance of establishing a connection within oneself to create self-awareness and emotional healing. Despite this study being one of the most mentally tasking things I have ever willingly chosen to do in my …

Age Differences In Preparing For, Responding To, And Recovering From The Covid-19 Pandemic: The Strengths Of Older Adults, Zhirui Chen

Social Work Dissertations - Archive

This dissertation consists of three independent articles, investigating the age differences in preparing for the continuation of COVID-19 pandemic, experiencing negative COVID-19 impacts across multiple domains, and psychologically recovering from cumulative disaster exposures during the COVID-19 pandemic, with an emphasis on the strengths of older adults. Data used were from the longitudinal research project “Vulnerability and Resilience to Disasters” conducted in Texas, Tennessee, and Alabama, USA. Multiple linear regressions from Article 1 (N = 450) showed that compared to those aged 65+, people aged 18-44 perceived a lower level of preparedness for the ongoing COVID-19; and there was no significant …

Open Educational Resources And Institutional Repositories: Roles, Challenges, And Opportunities For Libraries, James Hutson, Susan Edele, Elizabeth Macdonald, Paul Huffman, Nancy Messina, Maggie Pavone, Carla Mueller, Gabriela Romero

Faculty Scholarship

The adoption of digital-born, Open Educational Resources (OER) has been proven to improve student retention and learning outcomes, and OER has the flexibly to support multiple modalities of instruction. Institutional Repositories are uniquely situated to act as a platform to support and distribute content that can be created collaboratively between faculty researchers as well as students. However, faculty are still largely hesitant to adopt OER sources for a variety of reasons, not least among them being a lack of exposure and understanding of the potential benefits for both faculty and students in keeping curriculum affordable, up-to-date, and nimble through media-rich, …

Immigrant Students And Global Education, Felipe A. Filomeno, Christopher Brown

Journal of Global Education and Research

Research on immigrant students in higher education often articulates a deficit narrative emphasizing the challenges immigrant students face in comparison to their native-born peers. In education for global competence, however, immigrant students’ life experiences give them a potential advantage. This study investigated whether project-based learning designed to take advantage of immigrant students’ intercultural life experiences could contribute to the development of global competence among undergraduate students. Developing and teaching a collaborative, project-based course where undergraduate students researched the intercultural experiences of their immigrant peers, researchers measured specific learning outcomes using quantitative and thematic analysis of student research papers and reflective …

An Inclusive Framework For Ministry: Fostering The Spiritual Formation Of Children In A Multicultural Church, Jennifer Reinsch Schroeder

Doctor of Ministry Theses and Dissertations

This project thesis was designed to foster the spiritual formation of children in a multicultural church. A diverse team was assembled to design a curriculum to be used with volunteers in a children’s ministry context. Through seven two-hour sessions held over eight weeks in the spring of 2022, the curriculum development team first examined what it means to embody a multicultural perspective of the gospel while at the same time investigating the negative impact of a White, Eurocentric expression of Christianity. Next, they collaborated to develop a theological construct that centered around (1) the idea of being created in the …

Assessing Non-Motor Symptoms In Parkinson’S Disease Using A 6-Hydroxydopamine Lesion In The Substantia Nigra, Tiffany Aguirre

Psychology Theses - Archive

Motor symptoms within Parkinson’s disease (PD) are some of the most well-researched areas, whereas there remains an extensive gap in the literature researching non-motor symptoms, which include sleep, mood, pain and cognitive impairments to name a few. It is well-known that PD affects the brain by depleting dopamine within the nigrostriatal pathway, specifically targeting the substantia nigra, which plays a vital role in producing and controlling motor movements. However, the substantia nigra, as well as dopamine, also play a role in reward and motivation and yet there is still little research done to assess how the degeneration of dopamine within …

Crime Across The Ages: An Examination Of Intergenerational Crime And Recidivism Among Serious Juvenile Offenders, A'Maiya Brown

Criminology & Criminal Justice Theses - Archive

Although prior research has studied whether parents and their criminal histories impact a juvenile’s likelihood to commit crime, there has been little examination of whether the criminal histories of family members impact the likelihood of rearrest for juveniles who have already committed serious crimes. Using data from the Pathways to Desistance study (Pathways), this study examines the relationship between the criminal history of family members (i.e., mother, father, and other family members living within the home) and rearrest rates of participants. Results from negative binomial regressions reveal that the arrest records of the mother and father do have a significant …

Landed: The Pursuit Of An Army Flight School For The City Of Wichita Falls, Texas, 1917-1919, Lee Howell

History Theses - Archive

This thesis examines the acquisition of a flight training facility by the city of Wichita Falls, Texas during the early years of the twentieth century. During a period when progressive reform was addressing societal problems, members of the Wichita Falls Chamber of Commerce were diligently working to develop their community. At the time, aviation remained a relatively new technology. Chamber members, Joseph Kemp and Frank Kell, took the lead in the city's attempt to establish aviation as a developmental industry in its local commerce. The legacy left by both men is that of pioneer builders, whose focus for their city …

The Role Of Muscle Damage On Joint Tissue, Logan Nicholas Moore

Kinesiology Dissertations - Archive

The musculoskeletal system is a highly diverse network of tissue that operates in conjunction to one other, both mechanically and biochemically. In states of disorder such as musculoskeletal disorders, this cross-communication between tissues is pivotal in the progression of disease state in other tissues, or the prevention and healing of the effected tissue. Musculoskeletal disorders (MSkD) are a broad term encompassing disorders to bones, joints, muscles and connective tissues. These disorders include Osteoarthritis, Osteopenia, Sarcopenia, Tendonitis, Myopathies, and muscle weakness. Osteoarthritis (OA) is the most common joint disorder, characterized as damage to the articulating cartilage and alterations in other joint …