Digital Commons Network^™

Possessing Intangibles, João Marinotti

Articles by Maurer Faculty

The concept of possession is currently considered inapplicable to intangible assets, whether data, cryptocurrency, or NFTs. Under this view, intangible assets categorically fall outside the purview of property law’s foundational doctrines. Such sweeping conclusions stem from a misunderstanding of the role of possession in property law. This Article refutes the idea that possession constitutes—or even requires—physical control by distinguishing possession from another foundational concept, that of thinghood. It highlights possession’s unique purpose within the property process: conveying the status of in rem claims. In property law, the concept of possession conveys to third parties the allocation of property rights and …

The American Experience With Employee Noncompete Clauses: Constraints On Employees Flourish And Do Real Damage In The Land Of Economic Liberty, Kenneth G. Dau-Schmidt, Xiaohan Sun, Phillip J. Jones

Articles by Maurer Faculty

Agreements not to compete are generally an anathema to free market advocates. Independent profit maximization is one of the fundamental assumptions of the neoclassical economic model and necessary to its conclusion that markets yield results that are Paraeto efficient. Consistent with this theory, and practical experience, agreements among competitors, or potential competitors, to divide a market, or fix price or quantity are per se violations under our antitrust laws.

Despite this fact, even some ardent free market advocates have argued on behalf of the enforcement of covenants not to compete in the employment relationship. The traditional economic argument in favor …

Examining The Impact Of Online Math Games On Student Performance And Attitudes, Tian Luo, Catherine Hickman, Pauline Muljana

STEMPS Faculty Publications

Low mathematics scores in the U.S. have been pressing the educators to find engaging strategies and effective tools to promote math performance. While emerging technologies, such as digital math games, show promises in improving mathematical education, existing studies have garnered mixed findings and thereby necessitating further investigation. This study aims to examine the impact of skill-based online math games on students’ math performance and attitudes, as well as students’ perceptions of the games. Thirty-eight students ranging from fifth to eighth grade participated in the study. The results showed a mixed picture of the impact of the online games on math …

Gender, Science, And The Natural World: Essays On Medieval Literature From The 2020 Gender And Medieval Studies Conference, Linda E. Mitchell, Daisy E. Black

Medieval Feminist Forum: A Journal of Gender and Sexuality

Introduction to the special issue of literature articles from the 2020 Gender and Medieval Studies Conference.

“Let Him Walk With You”: Telling Stories About Fifteenth-Century Men, And The Women They Left Behind, Rachel E. Moss

Medieval Feminist Forum: A Journal of Gender and Sexuality

In this article I use a blend of autoethnography and historical storytelling to explore the role of outdoor space in forming relationships between fifteenth-century men and their maintenance of hegemonic power. By weaving together three striking vignettes from late fifteenth-century England, constructed as creative retellings of the historical evidence, with autoethnographic notes on my own lived experience, I am able to fill in the gaps of the historical record and open up questions about the implications of what has been left out. I argue that the medieval cultural understanding of the outdoors as both spiritually and physically beneficial, as well …

Diversity And Inclusion In Science Teaching Learning (Distl): Focusing On The Perspectives Of Undergraduate Students And Graduate Teaching Assistants In The Chemistry Classroom, Albert Aidoo

Electronic Theses and Dissertations

Students in Science, Technology, Engineering and Mathematics (STEM) come with a wide range of experiences and educational backgrounds. There is high attrition rate and low academic achievement among students in STEM areas, specifically in college chemistry courses that are prerequisites for many STEM majors. Hence it is important to look at diversity and inclusion specifically in first- and second-year college chemistry courses to address the challenge of student attrition in STEM. Diversity can be understood as the differences each student brings along the dimensions of prior knowledge, skills, race, ethnicity, sexual orientation, gender, socio-economic status, age, ability, religious or political …

Genome-Wide Identification Of Wrky Transcription Factor Encoding Genes In Amborella Trichopoda Baill. (Amborellaceae), Bijaya Pradhan

Electronic Theses and Dissertations

WRKY transcription factors (TFs) are DNA-binding proteins, which play important roles in managing plant stresses and regulating growth and development processes. The WRKY TF family has expanded significantly through genome/gene duplications in the plant evolutionary process. Although the WRKY TFs have been identified in hundreds of plant species, they are yet to be identified in Amborella trichopoda, a species that represents the most basal group of Angiosperms. The main objectives of this study were to conduct genome-wide identification of the WRKY gene family in A. trichopoda and to assess their homologs in Angiosperms. In this study, we identified …

Effects Of Conservation Management Practices On Soil Health And Crop Yields In Eastern South Dakota, Alex Mclain

Electronic Theses and Dissertations

Conservation management practice adoption on agricultural land has increased in recent years due to increasing public and private investment. The anticipated impact of increasing conservation management practice adoption are reduced greenhouse gas emissions and improved soil, water, and air quality. Understanding how these conservation management practices affect agricultural producers economically is vital to properly incentivize these practices. The existing literature on how conservation management practices affect soil health and crop yields is mixed and generally has been conducted on experimental research stations. These studies may not fully account for the on-farm effects of conservation management practices. The objectives of this …

Trace Mineral Source And Inclusion Level On Wean-To-Finish Pig Production, Marissa Larosae

Electronic Theses and Dissertations

Trace mineral requirements to optimize production for swine are not well defined, leading to excess trace mineral supplementation in swine diets and ultimately to excess trace minerals excreted in swine manure. Potential strategies to reduce the waste of excess trace minerals in diets include utilizing organic sources with higher bioavailability or reducing the overall trace mineral supplementation in the diet. Two studies were conducted in an effort to determine if utilizing organic trace minerals or reducing trace mineral inclusion into diets has an impact on overall performance measurements for nursery and grow-finish pigs, respectively. The first experiment utilized 1,144 weaned …

E. Coli Persister Cell Survival And Rhizobia Attachment To Soybean Roots, Tanim Islam

Electronic Theses and Dissertations

The theme of this thesis revolves around how bacteria respond and thrive during stress. Chapters 1-3 are about how bacteria deal with life-threatening antibiotics. Chapter 4 covers new research on how bacteria can move from a stressful individual lifestyle (free-living bacteria) to initiating a symbiotic relationship with a plant (a less stressful lifestyle). In Chapter 1, I briefly summarize the current state of knowledge in the field of antibiotic resistance and persistence. In Chapter 2, I add to this knowledge by providing new insights into several antibiotics' potency and exploring the antibiotic Eagle effect. In Chapter 3, I use pyruvate …

Identification Of Chemical Components Of Fuel Derived From Two-Phase Electrolysis, Nafisat Lawal

Chulalongkorn University Theses and Dissertations (Chula ETD)

In this research, two-phase electrocoagulation approach was developed and used to investigate blend of bio-diesel and petro-diesel (B10) stability under the electrochemical treatment. Gas chromatography-mass spectrometry (GC-MS) was used to analyze the aliquots before and after the reaction. It was observed that major compounds were alkanes and aromatic compounds with the minor contents of aldehydes, ketones, esters, alkenes, alkynes, halogens, oxygenated compounds, and heterocyclic compounds. Compounds with both smaller and larger carbon numbers were identified after the treatment. The optimum condition for the reaction was 10 V and 60 min which resulted in about 9.8x109 (counts s) total peak area …

A Novel Crispr/Cas Gene Editing System For Plants Which Bypasses Genetic Transformation And Tissue Culture, Aastha Acharya

Electronic Theses and Dissertations

CRISPR/Cas system is a powerful gene-editing tool that has revolutionized gene editing in many ways. However, the current delivery methods for using CRISPR/Cas system inn plants have some drawbacks that have greatly limited their routine application in plant research and improvement. Specifically,, the methods heavily rely on either genetic transformation for delivering Cas and/or its gRNA coding sequences into the targeted cells or tissue culture, or both for recovering the whole edited plants. To overcome these drawbacks, we have developed a simple, easy to use yet effective system for CRISPR/Cas gene editing in plants that can bypass genetic transformation and …

Factors Associated With Unsafe Children's Stool Disposal: An Analysis From 2015-2016 Myanmar Demographic And Health Survey, Naw Lah Say Wah

Chulalongkorn University Theses and Dissertations (Chula ETD)

Introduction: Safe sanitation is essential for preventing the transmission of diarrhoeal diseases and other infections. Sanitation projects and programs targeted at household sanitation have paid little focus to the disposal of children's stools. Due to the common misconception of children’s stool as less infectious, parents improperly manage children's stools for disposal. Unsafe disposal of children's stools has become an unhindered part of public health problems primarily in low and middle-income countries. Objective: To identify the association between children's stool disposal methods and factors associated with unsafe children’s stool disposal methods in Myanmar Method: This study is the cross-sectional secondary data …

Small Mammal Community Ecology In A Northern Grassland, Lynda Lafond

Theses and Dissertations

I studied grassland small mammal community ecology at UND’s Oakville Prairie, in Grand Forks County, North Dakota summers 2018-2021. Specifically, I was interested in small mammal richness and abundance, investigating their habitat associations, investigating their phenotypic variation, and understanding their diets. I trapped small mammals for five consecutive nights at the end of June to early July 2018 – 2021. I also measured plant community composition and structure metrics. Over the four years, I captured 985 individuals from 11 species. Species richness and abundance varied spatially and temporally across the site. I most frequently captured meadow voles (Microtus pennsylvanicus), mice …

Covid-19, Chronic Stress, And Adolescent Mental Health, Corina Barker

DSW Capstone Projects

The COVID-19 pandemic has had an undeniable impact on adolescent mental health. Though not considered to be high risk when it comes to physically contracting the virus itself, adolescents have shown to be significantly impacted by the indirect effects of the pandemic. Because of the unique and formative time, this is in their lives, adolescents are already vulnerable to the impact of social stressors. Risk factors associated with the COVID-19 pandemic such as social isolation, disruption in routine, uncertainty, fear, and chronic stress have all proven to have a profound negative impact on adolescent mental health and overall well-being. It …

Assessing Veterans For Acquired Suicide Capability: Blocking The Intersection Of Desire And Ability, Jennifer Schneider

DSW Capstone Projects

The purpose of the capstone project was to identify a procedure to increase the number of lethal means safety encounters occurring with the veteran population. Ultimately, the capstone had a dual focus to address this goal, as the systematic literature review focused on a research question separate from the remaining papers.

The systematic literature review asked, “what are veterans’ perspectives of discussing firearm safety with healthcare providers?” Through the review process, and the utilization of a meta-ethnography approach, two third-order constructs were formulated. These constructs identified that veterans view the provider as responsible for trust and rapport development, in addition …

Snake Reciprocation In Terms Of Classical Conditioning: Scent And Auditory Stimuli, Zeina Y. Ghanem

Undergraduate Research Awards

This study explores the classical conditioning of a snake in order to understand and interpret the physiological responses and behavior exhibited regarding experimental design. The conditioning process involves scent and auditory stimuli where the snake is exposed to running water sounds and a mouse scent. The purpose of this research study is to examine how the snake will later associate the scent of the mouse to the sound and how it would react when sound is the only stimuli administered. The type of snake species used was a young Brook’s Kingsnake. The snake was placed in a test tank and …

Wearing Your Heart On Your Sleeve: Expressing Hecuba’S Emotions In Artistic Retellings, Marie Gruver

Undergraduate Research Awards

Hecuba has famously been regarded as the secondary character of the Fall of Troy and not as the maternal symbol of the city’s downfall itself as she deserves. Forever the overlooked heroine, I argue that it is not Euripides’ Hecuba per se, but readings of her story by empathetic artists, creators, and scholars of different time periods are who create new interpretations of Hecuba’s role within her own myth. As artistic renditions have progressed through time, Hecuba’s grief itself has become the central focus of the illustrated retellings of her story.

A Survey Of The Solitary Native Bees Of The Leach Botanical Garden, And Their Floral Associations, Joshua Page

Biology Undergraduate Honors Theses

Solitary native bees are known to be diverse, but are not well studied in Oregon. In order to identify the bee genera present in the Leach Botanical Garden, and their floral usage, a survey was conducted over 2020 and 2021. Biweekly sampling was used to collect bees on flowers, in order to obtain floral usage data. Bees were identified to genus with published taxonomic keys. In total, 19 genera of bees were found. Bee abundance fit a normal distribution, and peaked in July. Ceratina and Lasioglossum were a significant proportion of the population, and were present in the garden from …

Assessing The Accuracy And Deficits Of Popular Drug-Interaction Software Programs In Detecting Interactions Between Cannabis And Pharmaceutical Drugs, Nathan C. Ramsbacher

Undergraduate Theses, Professional Papers, and Capstone Artifacts

- Purpose – The management of drug interactions in healthcare is a large concern for pharmacists and other healthcare professionals, especially for patients requiring large amounts of medications. Healthcare professionals and patients alike utilize drug-interaction software programs (DISPs) frequently to manage medications and make clinical decisions. There is a large discrepancy between DISPs in terms of detecting clinically significant drug interactions. Notably, cannabis does not flag as an interaction as reliably as pharmaceutical drugs on many DISPs. With rising cannabis use in the United States, patients deserve to make decisions on how to safely use cannabis with their prescription drugs …

Winter Wings: An Introduction To Environmental Education, Samuel G. Mothner

Undergraduate Theses, Professional Papers, and Capstone Artifacts

No abstract provided.

Roots To Reasons: A Podcast Series - Emotional, Intellectual, & Substantive Environmental Conversations, Abigail Vogt, Damara Stewart, Sarah Griffin, Rowan Ulrigg, Sierra Franklin, Cara Shepard

Undergraduate Theses, Professional Papers, and Capstone Artifacts

As six students of the Resources and Sustainability Global Theme of the Franke GLI program our capstone project addresses the need for emotional, intellectual and substantive environmental conversations, a lack thereof we all have observed in our studies and daily lives. We conducted research of scholarly sources that found experience, upbringing, biases, and emotions are influencers of a person’s attitude and behavior toward the environment and climate change. Attitude is expressed through a person’s morals that inform behavior. The topics of environment and climate change are largely interpreted and expressed through pathos, which is easily manipulated by social media, marketing, …

The Future Of Food Production At Um: Learning From The Past & Envisioning The Future Of Campus Gardens, Elizabeth Todd

Undergraduate Theses, Professional Papers, and Capstone Artifacts

From 2010 to 2022, the Lommasson garden was a 3,600 square feet plot of land on the University of Montana’s campus in Missoula, Montana. The space produced mixed vegetables, herbs, native plants, a beehive, and seasonal duck occupants. It was used for educational purposes, internships, and employment, including 2-6 garden interns each year. In spring 2022, the garden was demolished to make room for a new campus dining hall and the start of a new student life center. Having a space centrally located on a college campus is a great way to promote healthy eating, teach students about food system …

Implementation And Evaluation Of A Psychoeducation Training Program For Correctional Psychiatric Nurses, Katie Lyn Araja

DNP Scholarly Projects

This article describes a quality improvement project undertaken at a northeastern prison focusing on the psychiatric hospital unit. The project's primary aim is to implement training in nurse-led psychoeducation groups for psychiatric hospital unit nurses with the outcome of increasing confidence and competency through improved self-efficacy. The secondary aim of this project is to positively impact the psychiatric hospital unit nurses' intuition as a component of clinical decision-making through skill training that improves KSAs and care delivery to the highest level of the nurses' licensure. Participating nurses received pre and post-intervention surveys, including the Psychiatric Nurse Self-Efficacy Scales and the …

Bostock: A Clean Cut Into The Gordian Knot Of Causation, Melissa Essary

Scholarly Works

Regardless of merit, most individual employment discrimination claims die a fast death at summary judgment. Judges apply the fine mesh net created by McDonnell Douglas v. Green, and most cases are caught in its trap. This dated, obfuscatory Supreme Court case creates a complex and flawed binary approach to causation: either discrimination or an innocent reason caused an adverse employment action. For decades, all three levels of the federal judiciary have wrestled with McDonnell Douglas, creating snarls and knots in construing causation. Because of this causal confusion, the ideal of equal opportunity in employment is on life-support.

Judges …

The Lawyer's Role In Improving "Humane" Meat Labeling, Ryne P. Smith

Mitchell Hamline Law Review

No abstract provided.

Storytelling And Truth-Telling: Personal Reflections On The Native American Experience In Law Schools, Angelique Eaglewoman, Dominic J. Terry, Lani Petrulo, Dr. Gavin Clarkson, Angela Levasseur, Leah R. Sixkiller, Jack Rice

Mitchell Hamline Law Review

No abstract provided.

Stumbling Over Trips: The International Intellectual Property Waiver Petition And The U.S. Executive, Jordan Paradise, Christina Conroy

Faculty Publications & Other Works

This article examines the relationship among intellectual property (IP) law protections; United States (U.S.) and international law and policy; and the actualization of diagnostics, drugs, and vaccines in the time of the COVID-19 coronavirus. Two key international treaties that relate to IP law--The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement and the Doha Declaration on the TRIPS Agreement and Public Health (Doha Declaration) - establish international norms for the protection of IP. Core aspects of each of these treaties are described along with the role of the World Trade Organization (WTO) and concepts of compulsory licensing. As a result …

Stumbling Over Trips: The International Intellectual Property Waiver Petition And The U.S. Executive, Jordan Paradise, Christina Conroy

Faculty Publications & Other Works

This article examines the relationship among intellectual property (IP) law protections; United States (U.S.) and international law and policy; and the actualization of diagnostics, drugs, and vaccines in the time of the COVID-19 coronavirus. Two key international treaties that relate to IP law--The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement and the Doha Declaration on the TRIPS Agreement and Public Health (Doha Declaration) - establish international norms for the protection of IP. Core aspects of each of these treaties are described along with the role of the World Trade Organization (WTO) and concepts of compulsory licensing. As a result …

A Grounded Approach To Integral Art Therapy: Initial Reflections On Art Materials, Natalia Gómez-Carlier

Journal of Conscious Evolution

Art therapy has the power to bring healing and wholeness as it expands globally, an awareness of the integral structure of consciousness can benefit an adaptation of this profession that is both integrative and respectful of multiple perspectives and cultural views. The art-making process in art therapy can ground experience, and art materials can serve as vehicles through which different structures on consciousness are elicited, experienced, documented, and integrated. Integral art therapy can study the use of art materials to activate an integral structure of consciousness. Integrality is defined by its ability to play simultaneously from all structures of …