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Two Cheers For Cox V. Sony, James Gibson

Law Faculty Publications

There’s a lot to dislike about the Supreme Court’s opinion in Cox Communications, Inc. v. Sony Music Entertainment. It mischaracterizes, oversimplifies, and ignores precedent. It fails to engage with important arguments. It mangles the meaning of “intent.” And it introduces uncertainty into the workings of secondary liability across other intellectual property regimes.

For these reasons, the decision doesn’t deserve three cheers. But it deserves two. Because in two important ways, the Supreme Court has succeeded. First, the opinion fixes some misguided appellate court holdings by articulating a relatively workable standard for future copyright cases involving secondary liability. Second, despite …

Trial By Character, Hillel J. Bavli

Faculty Journal Articles and Book Chapters

In this Article, I argue that courts regularly deviate from Federal Rule of Evidence 404(b), which prohibits character evidence—evidence of a defendant’s past misdeeds offered to prove that the defendant acted in conformity with a certain character trait on the occasion in question. These deviations undermine the fairness of a trial and the presumption of innocence. The Article addresses this problem in three ways. First, it explains how courts have misinterpreted Rule 404(b)—an error that I call the permitted-purpose fallacy—and how they have fortified this misinterpretation with a body of flawed principles and precedent. Second, it reports the results of …

Performing Democracy, Carliss N. Chatman

Faculty Journal Articles and Book Chapters

American universities are frequently portrayed as stewards of democracy—sites where dissent is protected, truth is pursued, and diversity is championed. Yet these institutions often betray these ideals, especially under the pressures of donor influence, reputational risk, and political retrenchment. This Essay interrogates the internal contradictions of the university by centering one of its most guarded rituals: faculty hiring. Building on my 2021 article The Soft Shoe and Shuffle of Law School Hiring Committee Practices, I argue that hiring serves as both a performance of inclusion and a mechanism for preserving institutional whiteness, elite networks, and gatekeeping norms. I extend …

Values Primacy & Total Governance Through Activism, Carliss N. Chatman, Sergio Alberto Gramitto Ricci

Faculty Journal Articles and Book Chapters

In the aftermath of George Floyd’s murder, public companies swift-ly pledged sweeping equity commitments—only to abandon them under political and market pressure. These reversals were not aberrations. They were opportunistic, performative, and reactionary marketing responses. They expose a governance regime in which stakeholder interests are structurally reversible because they remain doctrinally optional, lacking the institutional interlock needed to create binding accountability across stakeholder roles.

This Article explores how stakeholder power is already embedded in corporate governance through interlocking initiatives grounded in shared values. Stakeholder activism—boycotts, proxy votes, viral campaigns—is not merely expressive; it is an overlooked form of governance. Drawing …

Rethinking Courtroom Presence In The Virtual Era, Jenia Iontcheva Turner

Faculty Journal Articles and Book Chapters

Technological innovation has made virtual appearances by criminal defendants increasingly common. These appearances have advanced efficiency but also raised questions about the scope of both the right and the duty of defendants to be physically present in court. Should judges, for example, be allowed to hold virtual arraignments, even if a defendant wishes to appear in person? Can defendants opt for virtual appearances at will? While courts are beginning to address these questions, they have yet to develop a coherent framework to evaluate when virtual appearances are constitutional and appropriate. This Article seeks to contribute to this project by examining …

A New View Of Taxation, Christopher H. Hanna

Faculty Journal Articles and Book Chapters

Tax scholars have made a number of breakthrough discoveries in tax law going back to at least Thomas Hobbes and his observations on a consumption tax almost 400 years ago. In more recent times, in the 1970 and 1980s, a number of tax law scholars made very important contributions in understanding the similarities and differences between an income tax, a consumption tax and a wage tax, as well as developing a greater understanding in a related area—the time value of money. It seems, however, that in the last 30 years or so, the only breakthrough or significant discovery in tax …

Negotiated Outcomes And Abbreviated Trials In Criminal Cases: Balancing Fairness And Efficiency In Three Legal Systems, Michele Caianiello, Jenia I. Turner, Thomas Weigend

Faculty Journal Articles and Book Chapters

Facing expanded criminal dockets, justice systems around the world are looking for ways to expedite proceedings and save resources while still offering credible procedures for adjudicating criminal cases. In the United States, defendants tend to face an all-or-nothing choice between two alternatives: a full trial at which all relevant evidence is presented and examined; or a plea bargain leading to a conviction without any presentation of evidence and the waiver of the defendant’s procedural rights in exchange for a reduced sentence. Even in routine misdemeanor cases, a full trial requires substantial expenditures of resources, and its procedural complexity may be …

Preoperative Glucagon-Like Peptide-1 Therapy In Bariatric Surgery Patients With Morbid Obesity (Premo): Rationale And Study Design For A Randomized Controlled Trial, Varun Jain, Colleen A. Mcmullen, Joy I. Kimbrough, Anna K. Rockich, Daniel L. Davenport, Gregory S. Hawk, Barbara S. Nikolajczyk, Philip A. Kern, Simon J. Fisher, Joshua P. Steiner, William B. Inabnet Iii, Marlene E. Starr

Surgery Faculty Publications

Introduction: Bariatric surgery is the most effective treatment modality for individuals with morbid obesity, providing significant and durable weight loss and comorbidity resolution. Glucagon-like peptide-1 (GLP-1) and glucose-dependent insulinotropic polypeptide receptor agonists have shown promise as weight loss drugs, in addition to their use in the treatment of metabolic disorders. While multimodal weight management is the standard of care for individuals with morbid obesity, the benefit of antecedent GLP-1 therapy prior to bariatric surgery has not been well-studied. The objective of this study is to conduct a clinical trial testing the hypothesis that preoperative treatment with a dual GLP-1/glucose-dependent insulinotropic …

Amustaline/Glutathione Pathogen-Reduced Red Cell Hemoglobin Utilization In Complex Cardiac Surgery, Ian J. Welsby, Michael E. Sekela, Edward L. Snyder, James D. Gorham, John S. Mcneil, Kathy Liu, Stanley Bentow, Thomas Gniadek, Laurence Corash, Nina Mufti, Richard J. Benjamin

Surgery Faculty Publications

Background: The ReCePI randomized, controlled trial compared amustaline/glutathione pathogen-reduced (PR) and conventional red blood cell (RBC) transfusions in cardiac surgery. Study design and methods: We performed a post-hoc analysis of hemoglobin (Hb) utilization and safety outcomes. Hb content of study RBCs was measured at manufacture. Subject Hb levels, estimated blood loss and blood product use were recorded during and for 7 days post-surgery. Acute kidney injury (AKI) incidence was graded over 7 days, and adverse events were assessed for 28 days. Results: PR-RBCs contained 5.2% less Hb (mean [SD] Test 58.1 [6.5] g; Control 61.5 [6.8] g Hb, p <.001) due to manufacturing volume losses. Four hundred fifty-six PR- and 524 conventional RBCs were transfused to 159 Test and 162 Control subjects, respectively. Mean subject baseline and post-surgery Hb levels, and blood loss were not different between groups. Test subjects tended to require fewer total RBCs (3.5 [2.7] Test vs. 4.0 [3.5] Control, p =.08) resulting in 17.6% significantly less mean total Hb transfused (Test 203.2 g; Control 246.8 g Hb, p =.01). The proportions of subjects transfused with, and the number of platelet and cryoprecipitate units transfused were not different. Test subjects received less plasma (2.3 [1.8] units Test vs. 3.5 [3.8] Control, p =.03). Overall incidence of adverse events and AKI were not clinically different. Imbalances in AKI severity (Grade III Test 15/159 [9.4%]; Control 7/162 [4.3%], p =.07) may suggest under-transfusion in the highest-risk Test subjects. Discussion: Test patients required less transfused Hb than control subjects to maintain equivalent daily hemoglobin levels following similar blood loss.

Prolonged Invasive Mechanical Ventilation Is Associated With Decreased Survival After Lung Transplantation Among Recipients With Primary Graft Dysfunction, Meghan Aversa, Shaf Keshavjee, Tereza Martinu, Marcelo Cypel, Andrew T. Sage, Joshua M. Diamond, Jonathan P. Singer, Scott M. Palmer, Krishna Pandya, Edward Cantu, Jason D. Christie, Michaela R. Anderson

Surgery Faculty Publications

Introduction: Prolonged invasive mechanical ventilation (IMV) after lung transplantation is an appealing early prognostic outcome as it can be reproducibly assessed both prospectively and retrospectively. Whether use of IMV at 72 h after lung transplantation is associated with post-transplant graft survival is unknown. Methods: We performed a retrospective cohort study of 1511 participants in the multi-center Lung Transplant Outcomes Group cohort (2011–2018). Using Cox proportional hazards models and restricted mean survival time, we investigated whether IMV at 72 h was associated with post-transplant graft survival. We secondarily evaluated whether IMV at 72 h was concordant with severe primary graft dysfunction …

Mouse Models For Post-Sepsis Syndrome, John Matthew K. Ang, Stephanie F. Mori, Erick Lewis, Maria E.C. Bruno, Arnold Stromberg, Hiroshi Saito

Surgery Faculty Publications

Background – Sepsis survivors commonly suffer from chronic Post-Sepsis Syndrome (PSS). To understand the mechanisms of PSS, it is critical to utilize appropriate animal models. While cecal ligation and puncture (CLP) is a widely used model of sepsis, a concern exists regarding its suitability for studying long-term outcomes. Alternatively, we previously optimized a highly reproducible murine cecal slurry (CS)-injection model of sepsis. The objective of this study was to compare the suitability of CS and CLP models for investigating PSS. Methods – Male 4-month-old C57BL/6 mice were divided into 7 groups: (1) Naïve control; (2) Sham: laparotomy control; (3) CL: …

Symbolic Logistic Regression For Interval-Valued Predictors: A Simulation Study And Application To Health Data, Soad Abdullah

Graduate Research Theses & Dissertations

This thesis investigates symbolic logistic regression for interval-valued predictors through simulation studies and a real health data application. Classical logistic regression assumes exact predictor values, whereas in many practical settings variables are available only in interval form due to coarsening or reporting uncertainty. Two simulation studies examine the impact of interval uncertainty under asymmetric intervals and measurement error. Symbolic models based on midpoint and midpoint-plus-width representations are compared with the classical approach. Results show that midpoint modeling captures the general relationship but introduces bias under asymmetry, while incorporating width reduces this distortion. Under measurement error, classical logistic regression exhibits attenuation …

The Only Duck I’Ve Ever Loved Is Daffy In Drag: A Textual Analysis Of Gender Norm Reinforcement In The Looney Tunes Show, Sara Bahaji

Graduate Research Theses & Dissertations

In 2011, Warner Brother’s latest attempt to make Looney Tunes appeal to modern audiences was released, The Looney Tunes Show. This was a departure from classic Looney Tunes, from its slice-of-life sitcom setting to the changes in the characters. But one of the ways it stood out in not just classic Looney Tunes but contemporary cartoons, was its treatment of Daffy Duck. This thesis is a textual analysis of the show’s presentation of Daffy Duck’s gender. Different frameworks were used to build the analytic tools: signifying theory, as presented by Savoy (1995), gender accountability from West & Zimmerman (1987) and …

Bayesian Inference For A 12-Level Galton Board Using Terminal Bin Counts, Ace Frieders

Graduate Research Theses & Dissertations

A Galton board is a physical device in which a ball passes through a triangular array of pegs and is deflected left or right before landing in one of several bins. Under an idealized model, deflections are independent with probability 0.5 of moving right, implying a binomial distribution for the terminal bin location. Physical boards may deviate from this ideal due to asymmetries and other sources of bias. This thesis develops a Bayesian model for a 12-level Galton board in which each peg has its own right-move probability. Independent Beta priors are assigned to peg probabilities, and terminal bin counts …

A Multi-Study Examination Of Student-Athlete Mental Health And Mental Health Service Delivery In Mid-Major College Athletic Programs, Grace Louis

Graduate Research Theses & Dissertations

Student-athlete mental health has become a central priority in intercollegiate athletics, with the NCAA emphasizing its Mental Health Best Practices (2016) and strengthening and expanding these standards through updated recommendations in 2024. These efforts reflect a broader cultural shift toward recognizing the unique psychological stressors faced by college athletes, including performance pressure, identity foreclosure, high time demands, and transitions both into and out of sport (Moreland et al., 2018; Hughes & Leavey, 2012). Additionally, student-athletes frequently delay or avoid help-seeking due to stigma, time constraints, identity-protective behaviors, cultural norms emphasizing toughness, and limited mental health literacy (Gulliver et al., 2012; …

Mistreatment As Instrumental Or Obstructive? How Appraisals Of Customer Mistreatment Impact Entrepreneurial Action, Nicholas A. Smith

Graduate Research Theses & Dissertations

Theory on entrepreneurial action emphasizes the role of cognition in guiding when and how entrepreneurs act. Research in this area has accordingly focused on identifying antecedents of entrepreneurs’ cognitive processes, often emphasizing environmental or economic conditions that broadly influence how entrepreneurs evaluate opportunities. Yet, much less attention has been given to how everyday social interactions spark cognitive processes that influence venture-directed behavior. This dissertation integrates the transactional theory of stress to examine customer mistreatment, defined as low-quality interpersonal treatment from customers, as a social stressor that impacts entrepreneurs’ cognitive appraisals and resulting venture-directed behavior. Here, I argue that mistreatment from …

Instruction Vs. Infrastructure: Asymmetric Returns In U.S. Higher Education, Shaibu Yahaya

Graduate Research Theses & Dissertations

Despite massive increases in funding, U.S. higher education degree output has stagnated—a paradox often attributed to external cost pressures like Baumol’s cost disease. This paper tests an alternative hypothesis: that internal resource misallocation, specifically the accumulation of noninstructional liabilities, actively crowds out educational productivity. Using a panel of 26,603 institution-year observations, I estimate the university production function via a fixed-effects Poisson specification, adjusting all financial inputs using the Higher Education Price Index. The results expose a stark asymmetry in productive returns: a 10% increase in instructional spending drives a 1.76% increase in degree production (β = 0.176). In contrast, the …

International Students Experience Show: A Television Content To Prepare African Students For Study In The United States., Eric Atsu Senyo

Masters Theses

For many African students, studying in the United States begins with hope but often leads to confusion, isolation, and unmet expectations. This creative thesis presents International Students Experience Show, a 26-minute television shows designed to prepare African students for the realities of studying in the U.S. Grounded in Uses and Gratifications Theory, the project positions media as an active tool for empowerment through storytelling, practical guidance, and emotional engagement.

The series addresses key challenges, housing, transportation, mobile communication and daily life experiences through a hybrid format of personal testimonies, panel discussions, expert interviews, and field segments. Featuring nine African international …

Replication Of The Construct Validity Of The Cas2: Rating Scale, Isabelle Joann Kurowski

Masters Theses

Naglieri et al. (2014) created the Cognitive Assessment System Second Edition: Rating Scale (CAS2: Rating Scale) to assess cognitive functioning of children based on teacher observations for use in Tier I screening purposes. The current study is a replication of Graham (2025) study that assessed the construct validity of the CAS2: Rating Scale by comparing it to the Learning Behaviors Scale (LBS). Based on prior findings from Canivez and Gaboury (2016), this study hypothesized that the Attention and Planning subscales of the CAS2: Rating Scale would be most closely related to the Attention/Persistence and Strategy/Flexibility subscales of the LBS, respectively. …

Shadow Of The Rising Sun: How Japanese Culture Was Transferred To The United States Via Foreign Policy, Alex Pearson

Masters Theses

Post-World War II U.S. economic foreign policy towards Japan aimed to revitalize the war-torn country’s economy and spread democracy to the East. The economic foreign policy enacted by the United States to revitalize the Japanese economy resulted in an increase and “normalization” of Japanese culture in America. This thesis explores the connection of post-war American foreign policy to the increase of American exposure to Japanese culture that sparked normalization. By focusing on the efforts of U.S. policymakers and the positive media coverage of Japanese culture in the United States, a clear correlation between economic foreign policy and the normalization of …

Hierarchical Analysis Of Predictors Of Public Speaking Anxiety, Ruimin Peng

Masters Theses

Public speaking anxiety (PSA) is a prevalent type of phobia that shares many similarities with social anxiety. This paper examines factors related to social anxiety and PSA. Previous literature has identified self-efficacy, perfectionism, and fear of negative evaluation (FNE) as factors related to both social anxiety and PSA. However, less attention has been given to fear of positive evaluation (FPE) and international status, although these two factors are likely related to PSA. This study employed hierarchical regression analysis to investigate the predictive power of FPE and international status on PSA, while controlling for self-efficacy, perfectionism, and FNE. FPE, academic status, …

Personality-Based Clinical Predictors Of Transdiagnostic Suicidality In Emotional Disorders, Harshini Arun

Masters Theses

No abstract provided.

Layers Of Biodiversity: Linking Urban Garden Plants And Arthropods, Chenyang Su

Dartmouth College Ph.D Dissertations

Diverse arthropods play essential roles in urban agriculture, while urban agriculture provides food and habitat that support arthropod biodiversity in fragmented urban landscapes. In urban community gardens, a form of urban agriculture characterized by allotment-style gardens, arthropods interact with plants and green space across multiple spatial scales of management, from individual gardeners' plots to broad urban landscapes. Understanding how plant communities in urban community gardens and urban landscapes shape arthropod biodiversity and interactions across scales can inform both agricultural management and urban biodiversity conservation. In this thesis, I conducted a series of field studies on ecologically and economically important arthropods …

Rntuple For Atlas Analysis Workflow, Fatima Ariana Rodriguez

Graduate Research Theses & Dissertations

RNTuple is the new data storage format set to replace TTree at the start of the High-Luminosity LHC. An investigation was conducted to evaluate how analysis workflows for ATLAS researchers will change with RNTuple, using reading speed, writing speed, disk space, and memory consumption as metrics. In this study, all metrics were measured using converted RNTuple inputs from ATLAS Open Data, compared to their TTree equivalents. Additionally, RNTuples produced with the LZ4 compression algorithm were generated and compared with those produced using ZSTD. Finally, two new versions of the Analysis Grand Challenge (AGC) using ATLAS Open Data were completed for …

Impact Of Water Level Fluctuations On Fish Populations In Eastern South Dakota Rivers, Benjamin Schall

Electronic Theses and Dissertations

Riverine systems are highly dynamic, and changes in flow conditions can impact the population dynamics of fishes. Increased flows from historical averages in eastern South Dakota rivers have likely impacted fish populations. The goals of this study were to 1) better understand the changes in resource use by Blue Suckers Cycleptus elongatus through retrospective eye lens stable isotope analysis, 2) determine the effects of record flooding in the James River on complex woody habitat and Flathead Catfish Pylodictis olivaris population structure, and 3) assess the influence of river discharge and temperature on Channel Catfish Ictalurus punctatus and Flathead Catfish condition …

Rebooting Administrative Enforcement For The Information Economy, Nina-Simone Edwards

Library Scholarship

This concept paper considers how to strengthen the enforcement of public mandates to deter harmful practices and business models. The paper offers principles for reinvigorated enforcement such as enhanced visibility, the increased use of design as a remedial lever, and personal responsibility for responsible individuals, not only the corporations that employ them.

To advance these principles, we call for new or amended laws that require companies to document how policy becomes code, grant agencies authority to order design changes to products and services, create pathways for charging responsible individuals, and cabin some forms of prosecutorial discretion. We would support these …

Exploring The Academic Trajectories Of Transfer Students Enrolled In An Introduction To Proof Course And Their Self-Efficacy For Proving, Sundas Hussain

Mathematics Dissertations

Transfer students entering proof-based mathematics courses face a double transition: they are adjusting to a new institution while simultaneously learning to construct mathematical proofs. Although transfer students have been widely studied in higher education and self-efficacy for proving has received increasing attention in mathematics education, little research has examined the intersection of these two areas. The purpose of this study was to better understand how transfer students’ academic trajectories shape their self-efficacy for proving. This multiple case study examined twelve transfer students enrolled in an Introduction to Proofs (ITP) course, using Bandura's (1997) four sources of self-efficacy as the …

Targeting Nuclear Receptors In Muscular Dystrophies And Regenerative Myogenesis, Eira Mann, Hoang Vu, Vihang A Narkar, Yu Liu

The Brown Foundation: Institute of Molecular Medicine

Skeletal muscle is a highly plastic tissue with a robust capacity for regeneration, largely driven by resident satellite cells. Muscular dystrophies comprise a heterogeneous group of inherited disorders characterized by progressive muscle degeneration, chronic inflammation, and impaired regenerative capacity. Despite well-defined genetic etiologies, effective disease-modifying therapies for these disorders, as well as many acquired myopathies, remain limited. Emerging evidence identifies nuclear receptors (NRs) as key regulators of skeletal muscle homeostasis, integrating hormonal, metabolic, and environmental signals to control transcriptional programs governing mitochondrial function, metabolism, inflammation, and myogenesis. In this review, we summarize the diverse roles and mechanisms of action of …

Immune Checkpoint Inhibitor-Induced Cardiotoxicity: From Immune Mechanisms To Clinical Surveillance And Targeted Therapies, Nathan K Chen, Kathryn D Hok, Narsi Chokshi, Anthony Shadid, Haydn E Rich, Lavanya Gunamalai, Marie-Francoise Doursout, Nirmal K Banda, Pooja Shivshankar

The Brown Foundation: Institute of Molecular Medicine

Immune checkpoint inhibitors (ICIs) have transformed the treatment landscape across a broad range of malignancies by restoring antitumor immunity through blockade of key inhibitory immune pathways, including programmed death receptor-1 (PD-1), programmed death ligand-1 (PD-L1), and cytotoxic T-lymphocyte-associated antigen-4 (CTLA-4). Yet the same widespread immune activation that drives their therapeutic benefit renders patients susceptible to immune-related adverse events (irAEs). Among these cardiovascular toxicities have emerged as a particularly critical concern, drawing growing attention within the evolving field of cardio-oncology. ICI-associated cardiotoxicity encompasses a broad clinical spectrum, ranging from myocarditis and pericarditis to arrhythmias, heart failure, and vascular complications. Of these, …

Course Portfolio For A New Course On Data Analysis And Visualization In Animal Research, Jessie C. Morrill

UNL Faculty Course Portfolios

This course portfolio describes the design and development of a new course focused on data analysis and visualization in animal research at the University of Nebraska – Lincoln. The course was developed to meet the needs of students enrolled in Master of Science and Doctor of Philosophy graduate programs in the Department of Animal Science as well as those in the Master of Applied Science in Beef Cattle Production program. The new course was taught on an exploratory basis in Fall 2024 and Fall 2025; the perspectives of both students and the instructor are contained within this portfolio. The reflections …