Digital Commons Network^™

Visuals And Voice: The Aesthetics Of Legal Writing & Persuasion Through Prose, Nathan D. Clark

Nebraska Law Bulletin (Selected Issues)

Professor Clark delivered these remarks—published here in their unedited form—during the Nebraska Law Review’s annual end-of-the-year banquet in the spring of 2023. To those at the start of their law school journey and considering joining the Law Review, they provide a glimpse into the future and a taste of the joys and challenges to come. To those nearing their journey’s end, these words provide—through playful reminiscence—a look back on all they have endured and achieved. And to those whose law school days have long since passed, they offer a reminder of the oft forgotten joys unique to the legal profession.

Public Health Importance Of Preventive Measures For Salmonella Tennessee And Salmonella Typhimurium Strain Lt2 Biofilms, Simen Asefaw, Sadiye Aras, Md Niamul Kabir, Sabrina Wadood, Shahid Chowdhury, Aliyar Cyrus Fouladkhah

Biology Faculty Research

Various serovars of Salmonella had been the subject of research for over 150 years; nonetheless, the bacterium has remained an important pathogen of public health concern to date. The tremendous ability of Salmonella to form biofilms on biotic and abiotic surfaces is an important underlying reason for the prevalence of this opportunistic pathogen in healthcare, manufacturing, and the food chain. The current study illustrates that using very common industrial antimicrobial treatments at the highest concentrations suggested by the manufacturers is only efficacious against planktonic and one-day mature biofilms of the pathogen while exhibiting a lack of efficacy for complete removal …

A Critical-Inclusive Approach To Instructing On Genocide Education In The United States: Delivering An Equally Critical And Inclusive Approach To Professional Development, Cassidy S. Ernst

Master's Projects and Capstones

This paper presents a new approach to teaching the preconditions for genocide. Bringing together a number of theoretical insights from recent research, it focuses on the pedagogical value of a critical inclusive approach to genocide education. Such an approach incorporates persecuted groups commonly excluded from educational narratives, such as the experiences of homosexuals during the Holocaust. It also places genocide education within a wider framework focused on prevention and advocacy. Through utilizing a critical-inclusive approach to genocide education in the classroom, youth will be equipped with a stronger conception of genocide, genocidal ideologies, and measures that can be taken to …

Balancing The Inequities In Applying Natural Property Rights To Rights In Real Or Intellectual Property, Lolita Darden

Texas A&M Journal of Property Law

Eric Claeys’s book, Natural Property Rights, introduces a Lockean-based theory of interest-based natural property rights. Central to Claeys’s theory are the concepts of justified interests and productive use. A justified interest, Claeys writes, exists when an individual demonstrates a stronger interest in a resource than anyone else in the community and uses the resource productively in a manner that is “intelligent, purposeful, value-creating, . . . sociable,” and leads to survival or flourishing. Claeys’s theory demonstrates “how a standard justification for property gets implemented in practice” and how a community’s “goods” build on the individual’s goods.

Claeys’s community “goods” focus, …

The Natural Right Of Property, Timothy Sandefur

Texas A&M Journal of Property Law

This Article offers a critical examination of Eric Claeys’s argument for natural property rights, focusing in particular on the questions of self-ownership and the so-called “Lockean proviso.” It argues that while Claeys is generally on the right track in his argument for natural property rights, he errs in omitting a self-ownership argument, some version of which is necessary for a proper naturalistic account of property, and that the Lockean proviso is neither necessary for such an account nor defensible in its own right. I conclude that the concerns animating the Lockean proviso argument are adequately dealt with by an alternative …

Ad Coelum And The Design Of Property Rights, Joseph A. Schremmer

Texas A&M Journal of Property Law

This Article seizes on a specific doctrinal discussion in Eric Claeys’s Natural Property Rights to argue for the importance of understanding property doctrines in the context of a system of interconnecting rules and standards and not in isolation. The ad coelum doctrine provides that land ownership entails ownership of the suprajacent airspace as well as the underlying subsurface. As Claeys’s discussion highlights, scholars disagree about the significance of ad coelum both conceptually, as to what function the rule serves in defining and allocating property, and normatively. It is only by viewing ad coelum in the context of how it interacts …

Natural Property Rights: A Reply, Eric R. Claeys

Texas A&M Journal of Property Law

This Reply concludes the symposium hosted by the Texas A&M University Journal of Property Law on the author’s forthcoming book Natural Property Rights. The Reply shows how natural law and rights apply to a wide range of doctrinal examples raised in this symposium—including business associations, correlative oil rights, timber extraction, sinking coastlands, water law, nuisance law, property rights in subsurface minerals, and the issues about sovereignty and property disposition associated with Johnson v. M’Intosh (1823). The Reply also addresses a wide range of skeptical objections to natural law—especially the arguments that it relies too much on intuitions and …

Business Organizations As Natural Objects Of Ownership, Kevin Douglas

Texas A&M Journal of Property Law

Given the importance of “property rights” in American law and cul- ture, academic and judicial disagreement over the content of the con- cept is a problem. Professor Eric Claeys makes considerable progress toward resolving this problem in his forthcoming book, Natural Prop- erty Rights. Using John Locke’s labor theory of property, the treatise identifies intelligible limits to the kinds of objects that qualify as prop- erty and provides guidance on how legal rights should operate for a given category of objects. It also identifies several examples of American law that already follow a Lockean framework. The chapters Designing Property Rights …

Natural Law, Assumptions, And Humility, Ezra Rosser

Texas A&M Journal of Property Law

This review of Natural Property Rights celebrates Eric Claeys’s efforts to resuscitate natural law as a viable approach to property law. Although readers unlikely to be convinced that natural law is the way to best understand property rights, Claeys succeeds in breathing new life into natural law. Natural Property Rights’ emphasis on use as property law’s fundamental value creates space to reconceptualize the rights of property owners and the place of non-owners within a just theory of property rights. The main critiques of Natural Property Rights offered in this review center around the choice to prioritize rights over duties …

The Future Of Natural Property Law: Comments On Eric Claeys’S Natural Property Rights, Christopher Serkin

Texas A&M Journal of Property Law

Professor Eric Claeys is among the most thoughtful modern proponents of natural property rights. His new book, provided to conference participants in draft form, is typical of his rigorously analytical approach. It is an impressive articulation of a natural rights-based account of property. It significantly advances the debate over natural rights and should be taken seriously even by those who do not find it entirely convincing.

There are real-world political stakes in abstract-seeming questions of property theory because natural rights are often deployed to limit government regulation of property. Natural rights contrast with positivist accounts that locate the content of …

Pandemic Upon Pandemic: Middle-Aged And Older Men Who Have Sex With Men Living With Hiv Coping And Thriving During The Peak Of Covid-19, Sherry Bell, Brandon Ranuschio, John M. Waldron, Lianne Barnes, Nadia Sheik-Yosef, Esmeralda Villalobos, Janelle Wackens, Renato M. Liboro

Psychology Faculty Research

When the COVID-19 pandemic emerged in early 2020, not only did it abruptly impede the progress that was being made toward achieving global targets to end the HIV pandemic, but it also created significant impacts on the physical and mental health of middle-aged and older men who have sex with men living with HIV. Utilizing a qualitative, community-based participatory research approach, we conducted semi-structured, one-on-one interviews with 16 ethnoracially diverse, middle-aged and older men who have sex with men living with HIV residing in Southern Nevada, to examine the different ways the COVID-19 pandemic directly impacted their physical and mental …

Natural Property Rights: An Introduction, Eric R. Claeys

Texas A&M Journal of Property Law

This Article introduces a symposium hosted by the Texas A&M University Journal of Property Law. The symposium is on a forthcoming book, and in that book the author introduces and defends a theory of property relying on labor, natural rights, and mine-run principles of natural law. Parts I and II of the Article preview the main claims of the book, summarizing part by part and chapter by chapter.

The rest of the Article illustrates how the theory introduced in the book applies to a contemporary resource dispute. The Article studies an ongoing lawsuit styled Campo v. United States, now …

Too Simple Rules For A Complex World? Prior Appropriation Water Rights As Natural Rights, Vanessa Casado-Pérez

Texas A&M Journal of Property Law

This Article assesses the fit of Professor Claeys’s theory of Natural Property Rights to traditional prior appropriation, the regime that allocates water in the West, and its capacity to fit the future of the regime. Natural Property Rights does not offer clear answers to the conflicts under the prior appropriation doctrine of water when there is scarcity. This Article explores the lack of determinacy of Claeys’s theory and the maladjustment between the theory and some of the foundational prior appropriation principles, which cannot be ignored even in the most stylized form of the regime. In particular, the Article analyzes the …

Oil, Trees, And Water: Evaluating The Transition From Natural Property Rights To Property Conventions, John A. Lovett

Texas A&M Journal of Property Law

In his new book, Natural Property Rights, Eric Claeys offers a property theory grounded in a person’s ability to make productive or purposive use of a resource and the requirement of clear communication about the extent of a person’s claim to that resource. This Article illustrates some of the normative and practical advantages of Claeys’s theory by using it to explicate three property disputes that have arisen in Louisiana concerning highly contested natural resources—oil, trees, and water. The Article argues that Claeys’s theory illuminates a major focal case in the development of Louisiana’s law of the obligations of neighborhood, …

Opus As The Core Of Property, Adam Macleod

Texas A&M Journal of Property Law

No account of property law can achieve a comprehensive understanding without factoring in natural rights. Professor Eric Claeys’s new book offers a significant contribution to contemporary property theory by setting out the most comprehensive and defensible theory of natural property rights to appear in a long time. Claeys describes the function of property as productive work. Intentional planning, purposeful effort, and creative ordering enable people to achieve lives of flourishing. And, as Claeys demonstrates in careful detail, the various norms and institutions of property law make possible those exercises of practical reason and the flourishing that results from them. Natural …

Ud Now Publishing African Policy Journal, Maureen Schlangen

University Libraries Blog Archive

On May 1, a printed journal whose scholarly analysis of African policy had grown difficult to find in the digital age gained a much larger audience through the University of Dayton’s open-access institutional repository, eCommons.

A Longitudinal Qualitative Study On Teachers’ Technology Barriers To Distance Learning: A School For Students With Dyslexia, Holli Bice, Hengtao Tang

Journal of Educational Technology Development and Exchange (JETDE)

The purpose of this qualitative case study was to develop an account of teachers’ perception of barriers to technology integration throughout distance learning. COVID-19 pandemic forced schools to adopt distance learning to cope with the crisis, but whether teachers are prepared for this change is unknown. Therefore, this study described teachers’ experience of technology integration over the course of distance learning and identified the barriers they faced at a small, private school for students with dyslexia. The findings found distance learning influenced teachers’ technological knowledge, attitudes, and beliefs about technology integration. Barriers to technology integration were identified by all participants, …

Websites Of Library And Information Network In India: A Webometric Analysis, Ziaur Rahman Dr, Goutam Dinda

Library Philosophy and Practice (e-journal)

The websites of the Library and Information Networks are one of the main sources of information in academic, management and other research fields. This type of network creates a cooperative bonding between various types of the subject area in the field of research. As we know library consortia and library resource sharing is one activity that promotes Network connectivity and communication between various areas of the subject field. In terms of research, Library and Information Network websites can give the existence and relevance of the achievements of individuals, research groups, institutions and various departments. This study tries to examine the …

Natural Law, Assumptions, And Humility, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

This review of Natural Property Rights celebrates Eric Claeys’s efforts to resuscitate natural law as a viable approach to property law. Although readers unlikely to be convinced that natural law is the way to best understand property rights, Claeys succeeds in breathing new life into natural law. Natural Property Rights’ emphasis on use as property law’s fundamental value creates space to reconceptualize the rights of property owners and the place of non-owners within a just theory of property rights. The main critiques of Natural Property Rights offered in this review center around the choice to prioritize rights over duties and …

Greenland Subglacial Discharge As A Driver Of Hotspots Of Increasing Coastal Chlorophyll Since The Early 2000s, Hilde Oliver, Donald Slater, Dustin Carroll, Michael Wood, Mathieu Morlighem, Mark J. Hopwood

Faculty Research, Scholarly, and Creative Activity

Subglacial discharge emerging from the base of Greenland's marine-terminating glaciers drives upwelling of nutrient-rich bottom waters to the euphotic zone, which can fuel nitrate-limited phytoplankton growth. Here, we use buoyant plume theory to quantify this subglacial discharge-driven nutrient supply on a pan-Greenland scale. The modeled nitrate fluxes were concentrated in a few critical systems, with half of the total modeled nitrate flux anomaly occurring at just 14% of marine-terminating glaciers. Increasing subglacial discharge fluxes results in elevated nitrate fluxes, with the largest flux occurring at Jakobshavn Isbræ in Disko Bay, where subglacial discharge is largest. Subglacial discharge and nitrate flux …

Developing Reading Habits Among Secondary Students In Benue State, Helen Famaren Tor-Akwer, Dominic Aondohemba Ihongo

Library Philosophy and Practice (e-journal)

In recent times, lack of cultivating the habit of reading has been the concern of all stakeholders. The lack of enthusiasm of secondary school students for reading has contributed to many failures such as poor writing and limited understanding about what they are taught in class. This growing concern provides motivation for this study. Thus, this study seeks to discover and elucidate the various ways whereby secondary school students in Benue state could develop the habits of reading amidst divergent distractions around them especially in the 21^st century society as well as the roles of stakeholders towards enhancing the …

Relevance Of Information And Communication Technology In Higher Education For National Development In The 21st Century, Peter Olubunmi Olubiyo, Jude Olutimi Olubiyo

Library Philosophy and Practice (e-journal)

In recent years, there has been a groundswell of interest on how computers and the internet can best be harnessed to improve the efficiency and effectiveness of education and training in both formal and informal settings. For effective and modern information services, the use of information and communication technology is indispensable. Not only does ICT introduce new ways of information handling in universities, it also brings about change in the very structure of information and its communication concepts like universal bibliography, accessibility to and availability of documents irrespective of location, highly personalized services, matching users needs interests with document databases, …

Roles Of School Library In The Education Of African Child In Nigeria, Peter Olubunmi Olubiyo, Lydia Mercy Olubiyo

Library Philosophy and Practice (e-journal)

School libraries have been seen as parts of the most effective ways of renewing education because of their roles in transforming changes in children’s reading abilities in which girls and boys everywhere are meant to learn how to read and write. As such, one of the significant purposes of the school library is to aid students develop love for reading, and to promote reading culture among its users. This implies the need to create the awareness of information resources, the need to read not only textbooks, but also to engage in creative, leisurely, and pleasurable reading. However, the paper discussed …

Digital Paradigm In Medical Libraries Of Bangladesh With Special Reference To Icddr,B Library: Key Observations And Future Directions, Dr. Md. Shafiur Rahman, M Al Mamun

Library Philosophy and Practice (e-journal)

Medical libraries are facing new challenges and opportunities due to dynamic changes in the digital era for offering excellent services to health scientists and professionals. The usage of information and communication technology (ICT) has become increasingly important in various fields, including the healthcare industry. Medical libraries, in particular, have also witnessed a significant transformation in terms of their functions and services due to the adoption of the digital revolution. This article aims to investigate the usage of ICT in the selected medical libraries in Bangladesh, with a special reference to the icddr,b Library. In this connection, a comparative study is …

Artificial Intelligence: Interactive Effect Of Google Classroom And Learning Analytics On Academic Engagement Of Business Education Students In Universities In Nigeria, Friday Ekahe Abanyam (Ph.D), Nathaniel Ifeanyi Edeh (Ph.D), Victor Attah Abanyam (Ph.D), Jossica Isioma Obimgbo (M.Ed), Felicia Ogonna Nwokike (Ph.D), Promise Emeka Ugwunwoti (Ph.D), Victoria Obiageli Nnamani (M.Ed), Fabian Ugbe Udida (M.Ed), Anthonia Ngozi Ibelegbu (Ph.D), Joseph Tunga Yaro (M.Ed), Ozioma Patience Nwokedi (M.Ed), Joseph Bonglo Kingsley (M.A), Benuh Adama Idris (Ph.D)

Library Philosophy and Practice (e-journal)

The zeal to determine an interactive digital learning environment that supports students’ academic engagement and improve learning outcome necessitated this study. The study adopted quasi-experimental and non-equivalent control-group research design. We used purposive sampling technique to select the sample for the study. Also, the study draws from longitudinal research survey responses of 422 undergraduate marketing students from four universities in South-South Nigeria to test the study hypotheses. The universities include University of Calabar (UNICAL), Ambrose Alli University, Ekpoma (AAU), University of Uyo (UNIUYO), and Delta State University Abaraka, (DSUA). While students of UNICAL and AAU formed the treatment groups, …

Navigating Accountability In Swamped Fields: Why Texas Needs Uniform Regulation For Well Collision Liability, Iliana Martinez

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

The Coral Bleaching Automated Stress System (Cbass): A Low‐Cost, Portable System For Standardized Empirical Assessments Of Coral Thermal Limits, Nicolas Evensen, Katherine E. Parker, Thomas A. Oliver, Stephen R. Palumbi, Cheryl A. Logan, James S. Ryan, Courtney N. Klepac, Gabriela Perna, Mark E. Warner, Christian R. Voolstra, Daniel J. Barshis

Marine Science Faculty Publications and Presentations

Ocean warming is increasingly affecting marine ecosystems across the globe. Reef-building corals are particularly affected by warming, with mass bleaching events increasing in frequency and leading to widespread coral mortality. Yet, some corals can resist or recover from bleaching better than others. Such variability in thermal resilience could be critical to reef persistence; however, the scientific community lacks standardized diagnostic approaches to rapidly and comparatively assess coral thermal vulnerability prior to bleaching events. We present the Coral Bleaching Automated Stress System (CBASS) as a low-cost, open-source, field-portable experimental system for rapid empirical assessment of coral thermal thresholds using standardized temperature …

A Pilot Project For Tuberculosis Education In College Students, Sarah Williams

Doctor of Nursing Practice Final Manuscripts

Background: San Diego’s Tuberculosis (TB) incidence is more than double the national rate. The majority of cases of active TB are due to the progression of latent TB infection (LTBI).

Objectives: This evidence-based practice (EBP) project aimed to increase knowledge, awareness, and improve attitudes and practices regarding TB among college students.

Participants: Twenty Community College Students in San Diego participated in the project.

Methods: Students attended an in-person educational session. A pre-post knowledge, attitudes and practices (KAP) questionnaire measured the impact.

Results: The intervention improved knowledge and attitudes. The average post-intervention TB knowledge score was 95.8% compared to 57% …

Decreasing Weight Bias Among Aprns, Aprn Students, And Rn Nursing Students Through Educational Seminars, Apryl Cutler

Doctor of Nursing Practice Final Manuscripts

Introduction: The purpose of this evidence-based practice Doctor of Nursing Practice (DNP) project was to systematically review research-based evidence and best practice guidelines brought forth by other researchers, experts and organizations. The goal was to implement an enlightening and educational intervention via seminar to Pre-licensure RN students, APRN students and APRNs on the topics of the non-controllable causes of obesity, weight bias in healthcare and patient-centered approaches to ultimately improve the delivery and quality of care provided to patients living with obesity.

Background: The prevalence of overweight and obesity has been steadily increasing over the past three decades with up …

Better Sleep, Brighter Mornings: A Sleep Hygiene Protocol For Older Adults As A Quality-Of-Life Enhancement, Melissa Baltazar

Doctor of Nursing Practice Final Manuscripts

Purpose: The purpose of this evidence-based practice Doctor of Nursing Practice (DNP) project was to emphasize the importance of and educate patients on primary prevention techniques for sleep hygiene to use as a tool to enhance quality of life by increasing patient’s self-reported sleep quality.

Background: Sleep patterns change as we age, however, aging itself is not necessarily a cause of sleep problems. Sleep is one of the most important activities for a person’s health and overall well-being. A growing body of literature shows that not enough sleep and poor sleep quality is associated with hypertension, heart disease, stroke, diabetes, …