Digital Commons Network^™

Group Homes For The Mentally Retarded In Maine: Legislative Intent And Administrative Process, James C. Hunt

Maine Law Review

Historically, mentally retarded citizens of Maine have been confined to Pineland Center, the state's principal institution for the mentally retarded. In 1975 a class action suit, Wuori v. Zitnay, was filed in federal district court on behalf of "involuntarily confined" Pineland residents and "conditionally released" residents "in need of care . . . in a humane and healthful . . . environment." Three years later agencies and officials of the State of Maine entered into a consent judgment which laid down a "comprehensive plan designed to bring about speedy and meaningful relief" to the plaintiff class. The relief granted was …

Personal Injury Compensation As A Tax Preference, Lawrence A. Frolik

Maine Law Review

Samuel Johnson tells us "[d]epend on it, sir, when a man knows he is to be hanged in a fortnight, it concentrates his mind wonderfully." Projected federal budget deficits in the realm of $200 billion a year for the foreseeable future ought to have a similar effect: a concentration on means of reducing these unacceptable deficits. The simple answer is either to spend less or tax more, or perhaps, a bit of both. If we choose to tax more, we must either raise tax rates or widen the tax base, or both. The former, a general rise in tax rates, …

In Re Daniel C.: Reunification Efforts And The Termination Of Parental Rights, James W. Claus

Maine Law Review

In In re Daniel C., the Maine Supreme Judicial Court, sitting as the Law Court, affirmed an order terminating a father's parental rights pursuant to title 22, section 4055 of the Maine Revised Statutes. The issue on appeal concerned the effect of a failure by the Department of Human Services (DHS) to make efforts toward family reunification. The appellant, Daniel C.'s father, Everett Co., argued that the DHS failed to make adequate reunification efforts as required by title 22, section 4041 of the Maine Revised Statutes and that this failure precluded the termination of his parental rights. The Law Court …

In Re Caulk: A Prisoner's Right To Die—The Factor Of Intent, Laurence H. Leavitt

Maine Law Review

In prisons throughout the United States, prisoners commonly use hunger strikes as an avenue of protest to make personal demands, to call attention to poor prison conditions, or to make various political statements. Prisoners typically choose this route because they view their own bodies as one of the few things over which they actually have control and because the extreme slowness of a hunger strike gives others the chance to meet their political or personal demands. When confronted with such attempts at starvation, prison officials almost invariably have resorted to force-feeding the hunger strikers, although in recent years some prison …

State V. Durepo: Toward A Principled Maine Version Of The Impeachment Exception To The Exclusionary Rule, Andre D. Bouffard

Maine Law Review

As one might have anticipated, the broad substantive mandates of the major Warren Court exclusionary rule decisions have not been left completely intact by later Supreme Court decisions. Instead, the scope of the evidentiary exclusionary doctrine established by the Warren Court has been significantly narrowed by later Supreme Court decisions that have created numerous exceptions to the general command of the exclusionary rule that evidence obtained through unconstitutional means is inadmissible in a criminal trial. Although some members of the present Court argue that the exceptions to the exclusionary rule are consistent with the purposes of the rule, and therefore …

State V. Farnham: The Defendant's Exercise Of The Right To Stand Trial As Negative Character Evidence, Richard F. Buckley

Maine Law Review

A defendant in a criminal case may not receive a more severe sentence because he exercised his sixth amendment right to stand trial. However, determining when a court has more severely sentenced a defendant for exercising his constitutional right to a jury trial is a difficult task. Some argue that a defendant's choice to stand trial is relevant to the sentencing process as character evidence. The decision to stand trial, the argument goes, indicates a defendant's lack of remorse and an unwillingness to take the first step toward redemption by admitting his guilt. Others take the position that consideration in …

American Home Assurance Co. V. Ingeneri: Misrepresentations In Insurance Applications, Richard P. Bennett

Maine Law Review

In American Home Assurance Co. v. Ingeneri, the Maine Supreme Judicial Court, sitting as the Law Court, addressed the issue of when an incorrect response to a question on an insurance application constitutes a sufficient misrepresentation to render the policy voidable under Maine law. Reversing the trial court, the Law Court held that to render the policy voidable, the applicable statutory provision required the insurer to prove that the insured's misrepresentation was fraudulent, material to the insured risk, and actually relied upon by the insurer. The Law Court determined that the word "or" in the misrepresentation statute should be read …

Keeping Big Issues Off The Table: The Supreme Court On Entrepreneurial Discretion And The Duty To Bargain, James Friedman

Maine Law Review

Over the past decade a number of major American industries have declined or radically restructured in the face of foreign competition. In 1982, for example, more than 1.2 million American workers were either temporarily or permanently laid off as companies curtailed operations or moved abroad. Two hundred thousand people lost their jobs in 1982 due to plant shutdowns. In recent times the steel and auto industries have provided the most visible examples of massive cutbacks in employment, but jobs have also disappeared in other industries such as electrical manufacturing, machine manufacturing and textiles. Although much public debate and disagreement exists …

Public School Integration Of Children With Handicaps After Smith V. Robinson: "Separate But Equal" Revisited?, Robert J. Goodwin

Maine Law Review

Under the direction of Chief Justice Burger the United States Supreme Court has issued several opinions limiting the availability of federal causes of action. While one benefit of this trend may be a reduction in the volume of federal litigation, the costs may include the limitation of substantive federal rights. The recent Supreme Court decision in Smith v. Robinson narrowly construed the availability of certain federal causes of action, and it illustrates how such a ruling, although procedural on its surface, in reality can operate to erode substantive rights. In Smith the Court concluded that a handicapped child could not …

Remediating Cloud Resource Misconfigurations Using Customizable Profiles, Ujwala Kawalay, Mukesh Marodia, Kishore Garg

Defensive Publications Series

This disclosure describes a system for remediating misconfigurations in cloud resources. Cloud resources can deviate from secure configurations, which can be time consuming for administrators to correct manually. This system provides resource configuration profiles that store a set of configuration steps designed to restore a cloud resource’s secure state. These resource configuration profiles can be created manually, derived from templates, or generated automatically by the system. In one variation, the system can use large language models (LLMs) to generate resource configuration profiles. This system can detect cloud resource deviations and can recommend cloud resource configuration profiles to an administrator for …

An Examination Of The Impact Of A Dishonorable Discharge Upon Second Amendment Rights., Heidi Timmerman

Lincoln Memorial University Law Review Archive

I participated in multiple court-martials and administrative discharges during my time of active-duty military service, primarily representing the servicemember’s command. Twenty years later, a federal criminal law course in law school drew my attention to specific consequences of military discharges. This article explores U.S. discharge policies, practices, consequences of discharge types, and the possible recourse paths. This examination started with research on discharge impacts on one’s Second Amendment right to bear arms; however, an array of discharge impacts emerged.While the U.S. Code provides discharge guidelines, each branch of the U.S. military is given a wide berth in application of the …

Expungement: Access To Justice Or Just More Bureaucracy? A Comparison Among The States, Meganne Lee-Rogers

Lincoln Memorial University Law Review Archive

A large percentage of the population have some sort of criminal record, whether felony or misdemeanor; however, only a small portion of Americans are aware that expungement of that record is an option. Expungement is the process of erasing a person’s criminal record from public records, such as that it is like the person was never arrested or convicted. However, there are universal limitations on this process, for example not all crimes are eligible for expungement. This Note discusses the vast array of expungement laws across the United States and the importance of these laws in providing convicted persons with …

The Small Business Killer: How Fincen Enforcement Of The Cta Could Destroy The Last Bastion Of The American Dream., Samantha M. Alecozay

Lincoln Memorial University Law Review Archive

This article addresses an urgent matter regarding the possible repercussions of FinCEN enforcement of the Corporate Transparency Act (“CTA”) against small businesses. The CTA, passed into law in 2021 and made effective January 1, 2024, mandates the creation of a nationwide database that collects owner information of certain legal entities to help prevent money laundering and other illicit financial activities. Further, a legal entity’s failure to comply with the statute may result in civil penalties of up to $591 per day of violation and even criminal penalties.As of January 1, 2024, tens of millions of small businesses in the U.S. …

Constructing And Testing Of Photomultiplier Tubes For Coincidence Experiments, Christepher Zamora

Physics Capstone Projects

Muons are particles that can be created by the collision and decay of cosmic rays with the upper atmosphere. Many detectors have been manufactured to detect these particles. This paper describes how muons can be detected. It details the process of constructing and testing of scintillation photomultiplier tubes. This paper also details what was observed during the construction and what was done by the experimenter to correct perceived issues.

From Beating Students Down To Building Students Up: Eradicating The School-To-Prison Pipeline, Aubrian Sanders

Lincoln Memorial University Law Review Archive

This note examines the school-to-prison pipeline, its impact on minority children, and strategies for its elimination. The school-to-prison pipeline systematically removes minority children from the classroom. This process facilitates their entry into the justice system through school punishments, the use of school resource officers, and the harsh conditions of the juvenile justice system which has devastating effects on the minority youths in America. To correct this problem, action must be taken at every step along the pipeline to completely alter the behavior that destines the minority youth of America to incarceration. These key steps include reforming school discipline, removing school …

Begin With Lemon, Fill To The Bri With Bremerton, Stir In Trinity Lutheran, Add A Pinch Of Espinoza, And Combine Carson: A Recipe For Educational Disaster, Brittany Lezu

Lincoln Memorial University Law Review Archive

The Establishment Clause of the First Amendment has steadily been eroded over the past ten years by the Supreme Court, but it all began with the infamous Lemon test in 1971. In _Lemon v. Kurtzman_, the Court established the Lemon test to create a “clearer” standard to determine if a government policy or action directly or indirectly advanced or accommodated religion in compliance with the Establishment Clause. Over time, the Lemon test has slowly be whittled away, leaving the opportunity for revision in _Kennedy v. Bremerton_. The Court in Bremerton interpreted the clause “by reference to historical practices and understandings.” …

Senate Meeting, December 11, 2024, Academic Senate

Academic Senate Minutes

No abstract provided.

Stress Testing Deep Learning Models For Prostate Cancer Detection On Biopsies And Surgical Specimens, Brennan T. Flannery, Anant Madabhushi

Faculty Scholarship

The presence, location, and extent of prostate cancer is assessed by pathologists using H&E-stained tissue slides. Machine learning approaches can accomplish these tasks for both biopsies and radical prostatectomies. Deep learning approaches using convolutional neural networks (CNNs) have been shown to identify cancer in pathologic slides, some securing regulatory approval for clinical use. However, differences in sample processing can subtly alter the morphology between sample types, making it unclear whether deep learning algorithms will consistently work on both types of slide images. Our goal was to investigate whether morphological differences between sample types affected the performance of biopsy-trained cancer detection …

Ucf Pegasus Plan - Kindergarten - American History, Chloe N. Murray, Brianna Scheetz, Kit Hutchins, Christine Ritchie

Pegasus Plans: Social Studies Unit Plans for Florida Teachers

During this unit, students will explore US Symbols through read alouds, coloring pages, videos, and songs. Students will learn about multiple key figures in American History and reflect on the choices and actions they took that made them “good citizens.” Lastly, students will identify and explore important holidays in America through collaborative, hands-on activities.

You're With Me While I Wait, Emily Williams

Masters Theses

The provided thesis is a compilation of an artistic statement, critical paper, and chapters of a novel which I have crafted during my MFA program. In essence, this thesis reflects all I have learned in my academic endeavors to this point and how those endeavors have encouraged my creativity.

For the artist statement, I share the creative process behind my manuscript, including the “why” of glorifying God with my writing that has fed the chapters for my novel. My critical paper highlights the craft element of medical theme weaved throughout the story. I examine the inclusion of medicine in literary …

A Text-Linguistic Analysis Of Deliberative Discourse In Hebrew With Review Of The Lxx Translation, Timothy C. Lang

Masters Theses

This thesis intends to demonstrate that linguistics, specifically the text-linguistic (TL method), may be practically applied to biblical translation and interpretation. Consequently, one may use text-linguistics to discover the biblical author’s intended meaning expressed through the structure of the text. Foundationally, the work of Robert Longacre and Kenneth L. Pike is applied. Functionally, this thesis tests the process described in the dissertation of Ewell Ray Clendenon. While the word test is used, the test is not intended to validate or invalidate the TL method. Rather, the test is analogous to that of a mathematician whereby a proof test is applied …

Verbal Working Memory And Syntactic Comprehension Segregate Into The Dorsal And Ventral Streams, Respectively, William Matchin, Zeinab K. Mollasaraei, Leonardo Bonilha, Chris Rorden, Gregory Hickok, Dirk Den Ouden, Julius Fridriksson Ph.D.

Faculty Publications

Syntactic processing and verbal working memory are both essential components to sentence comprehension. Nonetheless, the separability of these systems in the brain remains unclear. To address this issue, we performed causal-inference analyses based on lesion and connectome network mapping using MRI and behavioural testing in two groups of individuals with chronic post-stroke aphasia. We employed a rhyme judgement task with heavy working memory load without articulatory confounds, controlling for the overall ability to match auditory words to pictures and to perform a metalinguistic rhyme judgement, isolating the effect of working memory load (103 individuals). We assessed non-canonical sentence comprehension, isolating …

The Learner's Experience Using Augmented Reality, Michael Lionel Atkinson

Theses and Dissertations

Augmented reality (AR) is a promising learning tool that has the potential to improve learning experiences in unique ways. While AR has been extensively studied in terms of learning outcomes, relatively little has been researched about the qualitative aspect of the learner experience and how that may inform better instruction. This multi-article, journal-ready dissertation addresses this gap. The first article is a review of the literature on what researchers have learned about AR in learning, systematically identifying six areas that appear salient yet underrepresented in the literature. The second article expands further upon this theme by conducting a qualitative study …

Assessing Client Satisfaction In University Counseling: Factor Structure Of A Survey Developed For A Private, Religious-Affiliated Institution, Wai Man Cheng

Theses and Dissertations

This study examined the factor structure of a client satisfaction survey developed by BYU Counseling and Psychological Services (CAPS). The survey included (a) universal, (b) individual, (c) couple, and (d) group subscales. Only the universal and individual subscales were analyzed. The couple and group subscales were excluded due to limited sample sizes. For the universal subscale, the analysis supported a first-order model with three factors: (a) clarity, (b) cultural competence, and (c) progress. For the individual subscale, the analysis supported a second-order model. Three first-order factors including (a) symptom relief, (b) insight and awareness, and (c) guidance and coping skills, …

Michael Wiggins V. Jefferson Einstein Hospital

2024 Decisions

USDC for the Eastern District of Pennsylvania

What Makes A Great Movie Trailer?​, Bridget Hill

Honors Projects

This research analyzes four case study films across two genres to identify the best tactics used in trailer marketing and editing in order to create box office successful films that attract their identified target audiences. Existing research and a pre-existing interview were used to identify and define these tactics before then applying the strategies onto existing film trailers. The two genres chosen in this analysis include Romantic Comedies and Animated Action/Adventure Family Films. In each genre, a successful and unsuccessful film were chosen then compared against one another to determine if the successful film trailers utilized the previously identified tactics. …

Assessing Spatial Distribution And Quantification Of Native Trees In Saskatchewan's Prairie Landscape Using Remote Sensing Techniques, Elham Shafeian, Bryan J. Mood, Kenneth W. Belcher, Colin P. Laroque

Aspen Bibliography

The importance of trees in non-forest landscapes has been the focus of only a few studies. However, these trees provide many important ecosystem services. In this study, we mapped and quantified these trees using Sentinel-2 (S2) and very high-resolution (VHR) Google satellite imagery without any field campaigns. We performed a Random Forest (RF) classification to map the spatial distribution of native trees in different scenarios. The optimal model showed an overall accuracy and kappa of 0.99 and 0.98, respectively. We mapped 40,500 km² of tree cover, including native tree cover (approximately 29,565 km²≈10.5%), excluding plantations, regional and …

Enhancing Cybersecurity Strategies Through Automated Cti Extraction, Risk Prioritization, And Privacy-Conscious Information Sharing, Spencer Rian Massengale

Theses and Dissertations

Cybersecurity operations require the ability to collect and analyze large amounts of cyber threat intelligence (CTI) to assess risks and formulate defensive strategies against emerging threats. This task has become increasingly complex due to the rapid evolution of cyber threats and the growing volume of unstructured, natural-language CTI sources. The scale of data and analysis needed to utilize CTI effectively far exceeds humans' manual capacity, especially for organizations with limited resources. This research focuses on leveraging Large Language Models (LLMs) and machine learning techniques to enhance CTI extraction, risk assessment, and data sharing. We utilized LLMs to automate the extraction …

New Insights Into Supradense Matter From Dissecting Scaled Stellar Structure Equations, Bao-Jun Cai, Bao-An Li

Faculty Publications

The strong-field gravity in general relativity (GR) realized in neutron stars (NSs) renders the equation of state (EOS) P(ε) of supradense neutron star matter to be essentially nonlinear and refines the upper bound for ϕ≡P/ε to be much smaller than the special relativity (SR) requirement with linear EOSs, where P andεare respectively the pressure and energy density of the system considered. Specifically, a tight bound ϕ ≲ 0.374 is obtained by perturbatively anatomizing the intrinsic structures of the scaled Tolman–Oppenheimer–Volkoff (TOV) equations without using any input nuclear EOS. New insights gained from this novel analysis provide EOS-model-independent constraints on the …

Expressive And Epistemic Pedagogies: A Blended Approach To Voice Development, Raquel Esma Haddad

English Department Theses

As contemporary basic writing courses lean on Current Traditional texts that emphasize the inductive nature of thought in its relation to truth, this thesis explores expressivist and epistemic pedagogical approaches complemented by metacognition in their contribution to the development of voice with respect to student disengagement due to a disconnect in the understanding of writing for the academy in the basic writing student. The elements of the expressivist methodology as embodied in Writing with Power by Peter Elbow and the epistemic in Facts, Artifacts, and Counterfacts by Dave Bartholomae and Anthony Petrosky each contribute to the research of this thesis …