Digital Commons Network^™

Force Majeure Clauses At The Age Of Covid-19: How Should Courts Interpret Them And Why A Conservative Application Is Necessary, Dorothy Swagler

Global Business Law Review

A force majeure clause aims to define the scope of unforeseeable events that may excuse or delay a party’s performance. In the wake of the Coronavirus (COVID) pandemic, many parties to disputes attempted to turn to force majeure clauses written in boilerplate language. COVID is distinguishable, however, from other historical force majeure events because of its rapid global development and international economic impact brought upon by government restriction and access issues. In effect, these boilerplate clauses coupled with this novel pandemic, left parties in dispute ill-equipped to know whether their force majeure clause was enforceable. This resulted in a flood …

Lawrence County Archives Website, Brianna Hawkins, Areeb Mohammed, David Niederweis, Mary-Kate Rynders

Honors Capstone Projects and Theses

No abstract provided.

Gendered Patterns In Popular Asmr Roleplay, Jason Wayne Begg

Honors Capstone Projects and Theses

No abstract provided.

Polarmix: A General Data Augmentation Technique For Lidar Point Clouds, Aoran Xiao, Jiaxing Huang, Dayan Guan, Kaiwen Cui, Shijian Lu, Ling Shao

Computer Vision Faculty Publications

LiDAR point clouds, which are usually scanned by rotating LiDAR sensors continuously, capture precise geometry of the surrounding environment and are crucial to many autonomous detection and navigation tasks. Though many 3D deep architectures have been developed, efficient collection and annotation of large amounts of point clouds remain one major challenge in the analytics and understanding of point cloud data. This paper presents PolarMix, a point cloud augmentation technique that is simple and generic but can mitigate the data constraint effectively across different perception tasks and scenarios. PolarMix enriches point cloud distributions and preserves point cloud fidelity via two cross-scan …

Towards Improving Calibration In Object Detection Under Domain Shift, Muhammad Akhtar Munir, Muhammad Haris Khan, M. Saquib Sarfraz, Mohsen Ali

Computer Vision Faculty Publications

With deep neural network based solution more readily being incorporated in real-world applications, it has been pressing requirement that predictions by such models, especially in safety-critical environments, be highly accurate and well-calibrated. Although some techniques addressing DNN calibration have been proposed, they are only limited to visual classification applications and in-domain predictions. Unfortunately, very little to no attention is paid towards addressing calibration of DNN-based visual object detectors, that occupy similar space and importance in many decision making systems as their visual classification counterparts. In this work, we study the calibration of DNN-based object detection models, particularly under domain shift. …

The Minutes Of The Marshall University Faculty Senate Meeting, October 2022, Marshall University Faculty Senate

Faculty Senate Minutes

No abstract provided.

Sizeism--What Multicultural Education & Training Are Missing, Jen Rynes

Counselor Education Capstones

Training in multiculturalism is a major focus in most counselor education graduate programs. These programs seek to graduate competent counselors who aspire to serve all populations. The harsh reality is that many programs fail to acknowledge body diversity and sizeism in these multicultural courses and trainings. There are a multitude of reasons why body diversity needs to be a part of multicultural education and training. The literature reviewed in this paper has a purpose of discussing those reasons, dismantling the many myths associated with fatness, identifying how body size intersects with other diverse identities, and reviewing current multicultural guidelines and …

Scamazon?: Antitrust Concerns In An Incorporated E-Commerce Marketplace, Aidan Macsweeney

Honors Projects in Accounting

The purpose of this Honors Thesis is to develop an understanding of how Amazon Inc. operates and competes in its own e-commerce marketplace. The paper seeks to answer the research question: Is the relationship between Amazon seller type and list price consistent with regulator antitrust concerns? The goal is to analyze Amazon listings in 27 product categories and how their price/sales effects vary by seller type: Amazon, Fulfilled by Amazon (FBA), and Fulfilled by Merchant (FBM). Special attention will be given to identifying price trends by category, the impact of the "Buy Box", and competing offers on the same listings. …

No. 04: Pandemic Precarity And Food Insecurity: Zimbabwean Migrants In South Africa During Covid-19, Godfrey Tawodzera, Jonathan Crush

Migration and Food Security (MiFOOD) Network

A notable silence in the emerging literature on migrant precarity is any consideration of the relationship between precarity and food insecurity. The links between migrant precarity and sudden economic, political or environmental shocks are relatively untheorized. Researchers were thus conceptually under-prepared to understand how and in what ways the COVID-19 pandemic intersected with general forms of precarity and food insecurity. More recently, the concept of pandemic precarity has been proposed as a corrective. At its most basic, pandemic precarity refers to the increased incidence and severity of pre-pandemic conditions of poverty, inequality and economic insecurity during COVID-19. In relation to …

2022 Fall Commencement Program: Winona State University, Winona State University

WSU Commencement Programs

This is the Winona State University Fall 2022 commencement program. Commencement was on Friday, December 9, 2022.

Free And Open-Source Automated Open Access Preprint Harvesting, Jack Peplinski, Joanne Paterson, Courtney L. Waugh, Joshua M. Pearce

Western Libraries Publications

Universities are attempting to ensure that all of their research is publicly accessible because of funding mandates. Many universities have established campus open access (OA) repositories but are struggling with how to upload millions of manuscripts under numerous license agreements while also linking metadata to make them discoverable. To do this manually requires around 15 minutes per manuscript from an experienced librarian. The time and cost to do this campus-wide is prohibitive. To radically reduce the time and costs of this process and to harvest all past work, this article reports on the development and testing of a free and …

University Wind Symphony (December 9, 2022), John J. Cali School Of Music

2022-2023

The Wind Symphony presents the world premiere of In It Together by composer Armando Bayolo, featuring the ZZYZX Saxophone Quartet. The program will also feature the music of Nicole Piunno, Carolyn Bremer, and David Biedenbender.

Extracellular Vimentin Is Sufficient To Promote Cell Attachment, Spreading, And Motility By A Mechanism Involving N-Acetyl Glucosamine-Containing Structures, Robert Bucki, Daniel V. Iwamoto, Xuechen Shi, Katherine E. Kerr, Fitzroy J. Byfield, Lukasz Suprewicz, Karol Sklodowski, Julian Sutaria, Pawel Misiak, Agnieszka Z. Wilczewska, Sekar Ramachandran, Aaron Wolfe, Minh H. Thanh, Eli Whalen, Alison E. Patteson, Paul A. Janmey

Physics - All Scholarship

Vimentin intermediate !laments form part of the cytoskeleton

of mesenchymal cells, but under pathological conditions often

associatedwith in"ammation, vimentin !laments depolymerize as

the result of phosphorylation or citrullination, and vimentin

oligomers are secreted or released into the extracellular environment.

In the extracellular space, vimentin can bind surfaces of cells

and the extracellular matrix, and the interaction between extracellular

vimentin and cells can trigger changes in cellular functions,

such as activation of !broblasts to a !brotic phenotype. The

mechanism by which extracellular vimentin binds external cell

membranes and whether vimentin alone can act as an adhesive

anchor for cells is largely …

Brendan Chapman, December 09, 2022, Tisa Mason Ed.D.

Heart of a Tiger Columns

No abstract provided.

Same As It Ever Was: An Exploration And Demonstration Of Techniques For Repurposing And Modernizing Advanced Musical Vocabulary In Mainstream Commercial Music, Aidan Scrivens

Composition/Recording Projects

In the market for tertiary level commercial music education, educators find themselves pulled between students' commercial stylistic interests and the seemingly incommensurable genres better suited to exploring advanced theoretical concepts and vocabulary. This divide can lead to a motivational deficiency in a student that, in turn, can hinder their development and render their collegiate experience less worth the expense. In the interest of combating this potential motivational deficiency, this recording project and accompanying paper explores and demonstrates the process of modernizing and recontextualizing material found in these less commercially mainstream genres. By adapting vocabulary and approaches learned from the transcription …

Board Of Trustees Meeting Minutes 2022-12-09, Bowling Green State University

Board of Trustees Meeting Minutes

The official meeting minutes of Bowling Green State University's Board of Trustees.

Special Committee On Litigation Meeting - Notice And Agenda 12/09/2022, Uc Hastings Board Of Directors

2022 Board of Directors Agenda and Materials

No abstract provided.

Special Committee On Litigation Meeting - Open Session Packet 12/09/2022, Uc Hastings Board Of Directors

2022 Board of Directors Agenda and Materials

No abstract provided.

Comparative Intellectual Property Protection For Marijuana: United States Vs. The European Union, Jillian Gosser

Global Business Law Review

Protecting intellectual property relating to marijuana is a complicated endeavor. The federal ban on marijuana renders trademark protection difficult at best, and patent protection, while available, still rife with complications. In Europe, the laws pose similar challenges in the protection and enforcement of marijuana related intellectual property. This Note presents a comparative law analysis of the various ways marijuana related intellectual property may be protected in the United States and Europe. Different types of intellectual property protection explored include utility patents, design patents, trademarks, plant patents, Plant Variety Protection Act coverage, and Community Plant Variety Act coverage. This Note explores …

Cracks In The Clean Air Act: Fixing The Foundation Of Us Climate Policy, Emily Joshi-Powell

Brooklyn Law Review

The urgent need to cool the atmosphere and slow the effects of climate change is evident all around us. However, half of Congress and large swaths of the American public are still not on board, and the highest Court in the land just knee-capped the EPA’s power to regulate effectively. This note looks at the implementation and amendment of the Clean Air Act and subsequent deviation from the Act’s bipartisan roots to its current highly political polarizing status. It then reviews twenty-first century caselaw affecting climate policy to highlight statutory and judicial barriers to progress. Culminating with the recent Supreme …

"This Is The Way": Gender Representation In Disney's The Mandalorian, Brooke Solorio

Theses and Dissertations

When Disney released The Mandalorian, it quickly became the top show on its highly popular streaming platform. As with all media wielding this level of exposure, it is important to closely examine its content for depictions of peoples including females. In accordance with Sandra Bem's gender schema theory, the implicit messaging in this series can influence the formation of people's mental shortcuts about what it means to be female. This study employs content analysis to illuminate the portrayal of physical and non-physical attributes of the women present in the two seasons existing at the time of this study. Results reveal …

Is Teaching Experience A Predictor For School Psychologists' Confidence And Competence In Behavior Intervention Plans?, Misty Dawn Lainé Coplan

Theses and Dissertations

The Individuals with Disabilities Education Improvement Act (IDEIA) introduced Behavior Intervention Plans (BIPs) into United States law in 1990, and the reauthorization of IDEIA occurred in 2004. Even though BIPs have been codified into law, school personnel struggle to meet BIP mandates due to poor implementation fidelity. Barriers for BIP implementation are varied, but there is little research regarding whether practitioner competence and confidence through teaching experience is a factor. School psychologists (N = 122) from eight states completed a self-evaluation survey using the tailored design method. Results from the survey compared responses from school psychologists with and without teaching …

2022-12-09_Michiganoverview_Covidbedppe, Michigan Department Of Health & Human Services

Michigan COVID-19 Hospital Data

Contains the tables Statewide Hospital Capacity Report for COVID-19, COVID-19 Metrics, Statewide Hospital Available PPE Tracking for COVID-19, as well as the tables PPE Days On Hand and Patient Census.

Editorial: Current Approaches To Crispr/Cas9 Delivery, Hasan Uludağ, Hamidreza Montazeri Aliabadi, Giedrius Gasiunas

Pharmacy Faculty Articles and Research

Editorial on the Research Topic Current approaches to CRISPR/Cas9 delivery

Interview With Lily Benavides, Nhatii Shoulars

Immigrant Leaders

An interview with Lily Benavides, a leader with the Green Party of New Jersey and an activist. The interview covers life before immigrating, arrival and integration, and political participation.

Editorial: Adenylyl Cyclase Isoforms As Potential Drug Targets, Tarsis F. Brust, Rennolds S. Ostrom, Val J. Watts

Pharmacy Faculty Articles and Research

Editorial on the Research Topic Adenylyl cyclase isoforms as potential drug targets

Creation Of Preschool Evaluation For Children Experiencing Sensory Processing Disorders, Brittney Tuck

Honors Theses

For our thesis project, we partnered with Dr. Michelle Suarez, the co-director of the Resiliency Center at Western Michigan University. When we first met with her, she informed us about the high rates of expulsion for Kalamazoo preschool students with various regulation challenges relating to sensory processing disorders, regulation, autism, and trauma. In fact, according to the U.S. Department of Health and Human Services, preschool students are expelled at three times the rate of children in K-12 (2022). Additionally, according to the Equal Justice Society, 250 preschool children get suspended or expelled each day nationwide (2021). The article continues to …

Case Study - The Outcomes Of Occupational Therapy For An Autistic Teen, Molly Boyle

Honors Theses

This study sought to understand the outcomes of occupational therapy through interviews of a person with autism spectrum disorder (defined below), their family, and an occupational therapist. By interviewing each of these people, this study aimed to examine the impact of occupational therapy on the autonomy and independence of a young adult with autism and his family.

Untangling The Evolution Of Body-Part Terminology In Pano: Conservative Versus Innovative Traits In Body-Part Lexicalization, Roberto Zariquiey, Javier Vera, Simon J. Greenhill, Pilar Valenzuela, Russell J. Gray, Johann-Mattis List

World Languages and Cultures Faculty Articles and Research

Although language-family specific traits which do not find direct counterparts outside a given language family are usually ignored in quantitative phylogenetic studies, scholars have made ample use of them in qualitative investigations, revealing their potential for identifying language relationships. An example of such a family specific trait are body-part expressions in Pano languages, which are often lexicalized forms, composed of bound roots (also called body-part prefixes in the literature) and non-productive derivative morphemes (called here body-part formatives). We use various statistical methods to demonstrate that whereas body-part roots are generally conservative, body-part formatives exhibit diverse chronologies and are often the …

Explainable Ai Helps Bridge The Ai Skills Gap: Evidence From A Large Bank, Selina Carter, Jonathan Hersh

Economics Faculty Articles and Research

Advances in machine learning have created an “AI skills gap” both across and within firms. As AI becomes embedded in firm processes, it is unknown how this will impact the digital divide between workers with and without AI skills. In this paper we ask whether managers trust AI to predict consequential events, what manager characteristics are associated with increasing trust in AI predictions, and whether explainable AI (XAI) affects users’ trust in AI predictions. Partnering with a large bank, we generated AI predictions for whether a loan will be late in its final disbursement. We embedded these predictions into a …