Digital Commons Network^™

The Death Of Amateurism In The Ncaa: How The Ncaa Can Survive The New Economic Reality Of College Sports, Claire Haws

Michigan Business & Entrepreneurial Law Review

In October 2019, the National Collegiate Athletic Association (NCAA) announced it would be making a major change to its rules: student-athletes would soon be permitted to receive compensation for the use of their name, image and likeness (NIL). The announcement came in response to an increasing volume of state legislation allowing for student-athlete NIL compensation. On July 1, 2021, student-athletes finally had the opportunity to receive NIL benefits as the NCAA’s interim NIL policy went into effect. This change represents a nail in the coffin for traditional notions of amateurism.

For decades, the NCAA defended its rules from antitrust challenges …

Sex And The Superman: Gender And The Superhero Monomyth, Christopher Maverick

Electronic Theses and Dissertations

Since the 1938 introduction of Superman, superheroes have been ever-present in American popular culture. Indeed, with the modern preponderance of comic book movies dominating the American cinematic box-office, superhero fantasy is arguably the most important genre of fiction being produced in the contemporary moment. Peter Coogan, Kurt Busiek and many other scholars have discussed the prominence and relevance of the superhero fantasy as a genre. Still others, including Umberto Eco and Marco Arnaudo, have asserted that the superhero is not so much a genre and as it is the evolution of mythology. In Sex and the Superman, I argue …

In Vitro Rooting Techniques In Prunus Spp. For Propagation And Disease Screening For Armillaria Root Rot (Arr) Resistance, John Lawson

All Theses

Prunus is a genus widely cultivated to produce edible fruit including almond (P. amygdalus), peach (P. persica (L.) Batsch), cherries (P. avium and P. cerasus), among others. The cultivation of Prunus is economically important for several regions of the United States and relies on appropriate cultivars and rootstocks that are adapted to a growing region. Encroaching plant pathogens are forcing breeders to use sexually compatible germplasm from related species for introgression of novel alleles that confer tolerance or resistance. This is especially true in the rootstock breeding where interspecific hybridization is often used …

Koopman Operator Theory And The Applied Perspective Of Modern Data-Driven Systems, Alex Krolicki

All Theses

Recent theoretical developments in dynamical systems and machine learning have allowed researchers to re-evaluate how dynamical systems are modeled and controlled. In this thesis, Koopman operator theory is used to model dynamical systems and obtain optimal control solutions for nonlinear systems using sampled system data. The Koopman operator is obtained using data generated from a real physical system or from an analytical model which describes the physical system under nominal conditions. One of the critical advantages of the Koopman operator is that the response of the nonlinear system can be obtained from an equivalent infinite dimensional linear system. This is …

Performance Based Design And Machine Learning In Structural Fire Engineering: A Case For Masonry, Deanna Craig

All Theses

The volatile and extreme nature of fire makes structural fire engineering unique in that the load actions dictating design are intense but not geographically or seasonally bound. Simply, fire can break out anywhere, at any time, and for any number of reasons. Despite the apparent need, fire design of structures still relies on expensive fire tests, complex finite element simulations, and outdated procedures with little room for innovation. This thesis will make a case for adopting the principles of performance-based design and machine learning in structural fire engineering to simplify the process and promote the consideration of fire in all …

Learning To Reason About Code With Assertions: An Exploration With Two Student Populations, Sarah Blankenship

All Theses

Code tracing is fundamental to students’ understanding of a program, and symbolic reasoning that entails learning to use assertions with abstract input and output values, as opposed to concrete values, enhances that understanding. Symbolic reasoning teaches students valuable abstraction and logic skills that will serve them well in all aspects of programming and their software
development careers.
We use lessons integrated into an online educational tool to supplement classroom instruction to help students learn symbolic reasoning. We explore two ways for students to learn about assertions: Writing assertions to capture the behavior of given code and solving Parsons-style problems in …

Aiii Sài Gòn Hông?, Jackie Ta, Ngoc Uyen Phuong Ta

All Theses

“Aiii Sài Gòn Hông?”

In Saigon, “Ai… hông?” is a phrase that street vendors often shout to advertise what they sell for the day. This body of work, “Aiii Sài Gòn Hông?” (Translates: “Saigon, anyone?”) invites the audience to take a glimpse into the vivid everyday life in contemporary Vietnam through a perspective of a Saigon local. Utilizing the modalities of painting and sculpture, I collect, accumulate and organize parts of the streets and marketplace by manipulating and amplifying certain key visual elements. The goal of the work is to reconstruct an experiential space that speaks not only to the …

Overview Of Triple Negative Breast Cancer Prognostic Signatures In The Context Of Data Science-Driven Clinico-Genomics Research., Enrico Capobianco

Faculty Research 2023

No abstract provided.

Analysis Of Genome-Wide Knockout Mouse Database Identifies Candidate Ciliopathy Genes., Kendall Higgins, Bret A Moore, Zorana Berberovic, Hibret A Adissu, Mohammad Eskandarian, Ann M Flenniken, Andy Shao, Denise M Imai, Dave Clary, Louise Lanoue, Susan Newbigging, Lauryl M J Nutter, David J Adams, Fatima Bosch, Robert Schneider, Steve D M Brown, Mary E Dickinson, Michael Dobbie, Paul Flicek, Xiang Gao, Sanjeev Galande, Anne Grobler, Jason D Heaney, Yann Herault, Martin Hrabe De Angelis, Hsian-Jean Genie Chin, Fabio Mammano, Chuan Qin, Toshihiko Shiroishi, Radislav Sedlacek, J-K Seong, Ying Xu, K C Kent Lloyd, Colin Mckerlie, Ala Moshiri

Faculty Research 2022

We searched a database of single-gene knockout (KO) mice produced by the International Mouse Phenotyping Consortium (IMPC) to identify candidate ciliopathy genes. We first screened for phenotypes in mouse lines with both ocular and renal or reproductive trait abnormalities. The STRING protein interaction tool was used to identify interactions between known cilia gene products and those encoded by the genes in individual knockout mouse strains in order to generate a list of "candidate ciliopathy genes." From this list, 32 genes encoded proteins predicted to interact with known ciliopathy proteins. Of these, 25 had no previously described roles in ciliary pathobiology. …

Implementing Oer At Laguardia Community College: Three Case Studies, Ian Mcdermott, Joshua P. Tan, Alioune Khoule, Marta Kowalczyk, Emma Handte, Rena D. Grossman

Publications and Research

LaGuardia Community College, City University of New York (CUNY) began receiving funds from a New York State Open Educational Resources (OER) grant in 2017. Since then, several departments have made significant strides in the implementation of OER. We offer three case studies of putting OER into practice, in math, astronomy, and chemistry. Each case study presents the context for OER conversion, the steps taken, early results from OER implementation, and the main takeaways. A common feature across courses and departments is a process-oriented implementation of OER, namely, one that is constantly improving and moving towards the goal of openness and …

Ancient Marine Sediment Dna Reveals Diatom Transition In Antarctica, Linda Armbrecht, Michael E. Weber, Maureen E. Raymo, Victoria L. Peck, Trevor Williams, Jonathan Warnock, Yuji Kato, Iván Hernández-Almeida, Frida Hoem, Brendan Reilly, Sidney Hemming, Ian Bailey, Yasmina M. Martos, Marcus Gutjahr, Vincent Percuoco, Claire Allen, Stefanie Brachfeld, Fabricio G. Cardillo, Zhiheng Du, Gerson Fauth, Chris Fogwill, Marga Garcia, Anna Glüder, Michelle Guitard, Ji Hwan Hwang, Mutsumi Iizuka, Bridget Kenlee, Suzanne O’Connell, Lara F. Pérez, Thomas A. Ronge, Osamu Seki, Lisa Tauxe

Department of Earth and Environmental Studies Faculty Scholarship and Creative Works

Antarctica is one of the most vulnerable regions to climate change on Earth and studying the past and present responses of this polar marine ecosystem to environmental change is a matter of urgency. Sedimentary ancient DNA (sedaDNA) analysis can provide such insights into past ecosystem-wide changes. Here we present authenticated (through extensive contamination control and sedaDNA damage analysis) metagenomic marine eukaryote sedaDNA from the Scotia Sea region acquired during IODP Expedition 382. We also provide a marine eukaryote sedaDNA record of ~1 Mio. years and diatom and chlorophyte sedaDNA dating back to ~540 ka (using taxonomic marker genes SSU, LSU, …

Projecting Electric Vehicle Charging Demand In North Dakota And Minnesota, University Of North Dakota. Energy And Environmental Research Center

EERC Brochures and Fact Sheets

Fact sheet projecting the demand for electric vehicle (EV) charging and the future of EVs and EV charging stations in North Dakota and Minnesota.

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 …

Front Matter, Michigan Business & Entrepreneurial Law Review

Michigan Business & Entrepreneurial Law Review

Front Matter for Voluem 11, Issue 2 of Michigan Business & Entrepreneurial Law Review

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 …

Essential Property, Timothy M. Mulvaney, Joseph William Singer

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

For a sizable swath of the U.S. population, incomes and wealth are insufficient to cover life’s most basic necessities even in the most ordinary of times. A disturbingly resilient explanation for this state of affairs rests on the view that resource inequities are avoidable through self-reliance, a stance that invites observers to see people in poverty as morally suspect. This Article advances a counterview in contending that the widespread lack of essential resources did not simply arise naturally via individuals’ life choices but instead has been, in very meaningful part, created and perpetuated by our system of property laws. The …

Say It Ain’T Roe: Dobbs And Reason Bans Are Trojan Horses For The Down Syndrome Community, Calvin Lee

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

In recent times, one of the most in vogue methods for curtailing abortion rights has been through the enactment of “reason bans,” statutes precluding abortions if the procedure is being sought due to the sex, race, or potential genetic abnormality of the fetus. This note_comment focuses on the contemporary litigation and discourse concerning reason bans’ genetic abnormality prong. In the immediate lead-up to the Supreme Court’s ruling in Dobbs, several reason ban statutes faced facial challenges in federal court, with the plaintiffs alleging that the statutes violated Casey’s undue burden standard by imposing categorical prohibitions on pre-viability abortions. Reason ban …

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 …

Brady Lists, Rachel Moran

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

Brady lists, named after the Supreme Court’s 1963 decision Brady v. Maryland, are lists some prosecutors maintain of law enforcement officers with histories of misconduct that could impact the officers’ credibility. The lists serve as tools for prosecutors to track officer misconduct and disclose that information to defense counsel where appropriate. Although Brady lists have existed in some form for decades, they have garnered considerably more attention and controversy in the past several years. Brady lists are the subject of extensive media interest and litigation, but surprisingly little legal analysis or scholarship. This article provides a thorough examination into laws …

Why Are There So Many Taxes?: Teleworking And The Multiple Taxation Dilemma—Time To Standardize And Apportion, Xiaoyuan Zhou

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

Due in large part to the COVID-19 pandemic, remote teleworking has become the new norm for many professions. This dramatic shift in the workforce has raised serious tax concerns, and it has caused double taxation troubles for millions of remote workers. The fallout from COVID-19 continues to have a significant impact on the ways employers conduct business, with some major companies planning on a remote work mode permanently. This note_comment examines the current complicated and inconsistent state individual income tax schemes around the country. The goal is to urge Congress and the Supreme Court to reconsider the importance of this …

Notre Dame Lawyers Connect: December 2022, Notre Dame Law School

Notre Dame Lawyers Connect

Merry Christmas from ND Law!

Passing the baton at Jones Day

Chancellor McCormick speaks at ND Law

Honoring Father Link’s legacy

More news

• 2L Macio Sexton Jr.
• Honor Scholars Programs
• Dean G. Marcus Cole to be inducted into American College of Bankruptcy
• Professor Emily Bremer wins Emerging Scholar Award from AALS

Events

• Save the Date: March 2 Dean Marcus Cole and the Irish Theatre of Chicago present one-hour ethics CLE on the history of St. Thomas More and a reenactment of his trial
• Save the Date: September 23 The Law School’s 2023 Homecoming

In Memoriam - Paul J. Polking

Alumni …

Efficacy Of A Typical Clean-In-Place Protocol Against In Vitro Membrane Biofilms, Diwakar Singh, Sanjeev Anand

Dairy Science and Food Science Faculty Publications: 2022 to Present

This study evaluates the effectiveness of a typical clean-in-place (CIP) protocol against in vitro biofilms on whey reverse osmosis (RO) membranes developed under static condition. Bacterial isolates obtained from RO membrane biofilms were used to develop single and multispecies biofilms under laboratory conditions. A typical commercial CIP protocol was tested against the 24-h-old biofilms, and included 6 sequential treatment steps based on alkali, surfactant, acid, enzyme, a second surfactant, and a sanitizer treatment step. Experiments were conducted in 4 replicates and the data were statistically analyzed. The results revealed a variation in the resistance of mixed-species biofilms against the individual …

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.

Introduction, David Groves

Visions in Leisure and Business

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 …

International Investment Policy And The Coming Wave Of Data-Flow Disputes, Lucas Daniel Cuatrecasas

Michigan Business & Entrepreneurial Law Review

The ability to move digital data internationally has become an asset to countless businesses. Yet an increasing number of countries’ data regulations hinder these cross-border data flows. As such, many have speculated that companies could protect their interests in data flows through international investment law, a regime that lets companies sue foreign governments for harm to private assets. Yet the literature has largely been cursory or equivocal about these suits’ likely success. This Article argues that, under current law, such suits have a strong—if not unassailable—legal basis. Critically, the reality of global data regulation and digital commerce means such suits …