Digital Commons Network^™

Bad Paper & The Problems With Moral Turpitude In The Va Context, Rebecca L. Feldmann

Missouri Law Review

Moral turpitude serves as a way to exclude former servicemembers from the U.S. Department of Veterans Affairs (“VA”) definition of a veteran. As a result, servicemembers who commit offenses deemed morally turpitudinous cannot access VA disability compensation, burial in a VA cemetery, education benefits, many types of VA healthcare, or any other of the multitude of benefits offered by the VA. This issue is especially problematic for veterans with “bad paper”—i.e., those with a less than fully honorable discharge—whose underlying misconduct is related to post-traumatic stress disorder (“PTSD”), a traumatic brain injury (“TBI”), or another mental health condition.

The Second Bite At The Apple Watch Through The United States Customs And Border Protection: A Further Whittling Of Patent Rights Post-Ebay, Thomas R. Langdon

Missouri Law Review

Underlying the patent system is a bargain between the general public and patent owners. In exchange for the limited-time right of the patentee to exclude others from making, using, or selling their patented invention or process, the public receives the benefit of both the disclosure of new and useful inventions and processes and the increased incentive to innovate. The Supreme Court’s eBay v. MercExchange decision, however, fundamentally changed this bargain by removing the presumption of injunctive relief for patent owners upon a finding of infringement in Article III courts. The Court replaced this presumption with a four-factor test, making it …

Burdening Caregivers With But-For Causation, Jessie L. O'Brien

Missouri Law Review

It is human nature to depend on one another. You may depend on your friend for a laugh after a hard day or your classmate to bring a strong work ethic to a group project. Whether the dependence stems from a comfortable bond, a familiar relationship, or a passing expectation, we rely on each other daily. However, some people experience a deeper level of need where they are dependent on another person to navigate even the basic necessities of life. Imagine if your loved one required this level of dependence—where even the smallest of tasks required your support. Now imagine …

My Pillow Or Yours?: Balancing Personal Property Rights And Government Interests, Griffin Roster

Missouri Law Review

When an individual is involved in a criminal investigation, the government may obtain a valid warrant allowing agents to seize property related to the alleged criminal activity. The government may seize personal property because it is either contraband or evidence of the crime being investigated. The types of property the government can seize are vast, ranging from $65,000 to sixty-five-million-year-old dinosaur bones, to something as personal as an individual’s private cell phone. Ultimately, when the government has a valid warrant to seize property, there is not much an individual can do to prevent the seizure.

More Than A Coin Flip: Bielski V. Coinbase And The Presumption In Favor Of Arbitration, Austin Siener

Missouri Law Review

Arbitration agreements are frequently found in consumer contracts, diverting disputes away from litigation and toward arbitration, in which a third party resolves the dispute and renders a binding award. Parties often challenge the enforceability of arbitration agreements and seek to bring the issue to court, where they believe litigation of a dispute would be advantageous under the circumstances. This can be viewed as a game, with arbitration on one side and litigation on the other. It seems obvious that, as with most games, both teams would begin on equal footing, each with the same chance of winning—think of the jump …

The Civil War In The Jackson Purchase Region Of Kentucky: A Preliminary Bibliography

Jackson Purchase Historical Society Journal Archive

The Civil War in the Jackson Purchase Region of Kentucky: A Preliminary Bibliography

William H. Mulligan, Jr.

Sara Smith Campbell And The City Flag Of Paducah

Jackson Purchase Historical Society Journal Archive

Sara Smith Campbell and the City Flag of Paducah

Hugh L. Brady

Jackson Purchase Railroads

Jackson Purchase Historical Society Journal Archive

Jackson Purchase Railroads

Ricky-Dale Calhoun

A Trip From New York To Mayfield - 1885: A Vignette

Jackson Purchase Historical Society Journal Archive

A Trip from New York to Mayfield - 1885: A Vignette

Ricky-Dale Calhoun

Lost, Courtney Rose Kostopoulos

Honors Theses and Capstones

No abstract provided.

The Impact Staphylococcus Aureus Has On Conventional And Organic Dairy Herds In New Hampshire And New York, Jacqueline Rose Holmes

Honors Theses and Capstones

Staphylococcus aureus is a potentially virulent bacterium that causes mastitis in dairy cattle. The toxins produced from S. aureus impact host immunity, damage the mammary gland, and can adapt to cause antimicrobial resistance. It is important to manage both organic and conventional farms correctly by practicing proper hygiene while milking and providing a clean environment. There is a significant increase of S. aureus cases on organic farms compared to conventional, so there may be ways in which organic management and treatment options could be altered to reduce economic loss and animal suffering. The thesis focuses on the involvement S. aureus …

Evaluating The Causes Of Land Subsidence On The U.S. Mid-Atlantic Coast Measured With Insar, Jordan Leigh Diprima

Honors Theses and Capstones

Land subsidence is a frequently overlooked geologic hazard that is caused by natural processes and anthropogenic stressors. The goal of this study is to quantify vertical land motion (VLM) on Long Island, New York and Virginia’s Eastern Shore and evaluate the potential causes of subsidence. The causes considered in this work are glacial isostatic adjustment, groundwater extraction, infrastructure loading, and land cover. This study utilizes interferometric synthetic aperture radar (InSAR) satellite data from Sentinel-1 to calculate linear VLM trends from 2017 to 2023. Datasets for each hypothesis were qualitatively compared to VLM data. Subsidence rates in both regions were found …

Project Tackle 12 Years Of Cia And Taiwanese Joint Reconnaissance Overflights, Maximilian Digiovanni

Honors Theses and Capstones

Project TACKLE was a joint collaborative project between the CIA and the Taiwanese government to facilitate U-2 spy plane missions flown by Taiwanese pilots over China. These missions, conducted from 1962 to 1974, provide critical insights regarding the US and Taiwan’s fluctuating relationship during this period. TACKLE missions played a crucial role in informing policymakers on a variety of subjects, such as the progress of China’s rapidly evolving nuclear weapons program. This paper situates the TACKLE missions within the broader political context of their time to highlight the constant prioritization challenge that plagued the program.

Hit Me, Baby, One More Time: A Critical Discourse Analysis Of The Celebrity Gossip Magazine Shaming Of Britney Spears, Anna Rae Drabik

Honors Theses and Capstones

Britney Spears is an American pop star who rose to fame in the late 1990s at the age of 17 with her music, performances, and fashion. Spears was a prominent figure in celebrity gossip magazines, a genre which grew to prominence alongside and, in many ways, because of Spears. The distinct aesthetic and style of celebrity gossip magazines involved stories, blurbs, and images which wielded praise and shame—directly and indirectly—as tools to enforce norms and expectations for both female celebrities and female readers. Through a critical discourse analysis of 378 People and Us articles throughout the first ten years of …

18s Metabarcode Analyses Of Eukaryotic Species In The Respiratory Microbiomes Of Wild Canids From New Hampshire, Collin Sinclair Blake

Honors Theses and Capstones

This study is of an exploratory nature and focuses on characterizing the eukaryotic microbiota present in the respiratory tissues of six wild canids and one domestic canine. The contents of this document largely pertain to dry lab analyses of 18S barcodes in bioinformatics programs – primarily QIIME2 running in the GitBash command line, service for which was hosted by the UNH Ron Bioinformatics training server. All procedures listed within the section below were performed by second parties at the UNH Hubbard Center for Genomics Studies (HCGS), the New Hampshire Veterinary Diagnostics Lab (NHVDL), and the UNH Microbial Ecology and Emerging …

Mental Health Outcomes And Client Perception Of Religious/Spiritual Integration In Psychotherapy, Cole R. Bouchard-Liporto

Honors Theses and Capstones

Religion and spirituality have been shown to have positive effects on physical and mental health in recent years. Despite this, research suggests religion and spirituality as characteristics of clients to be overlooked in modern secular psychotherapy treatments. This study investigated mental health outcomes from psychotherapy related to the perceived integration of religious and spiritual beliefs. A survey was administered to and taken by 178 University of New Hampshire students on the web-platform Qualtrics to investigate client psychotherapy experiences and their perception of how their religious and spiritual beliefs and values were integrated. The research conducted for this study points to …

Understanding Brady Violations, Jennifer Mason Mcaward

Journal Articles

This largest-ever study of adjudicated violations of Brady v. Maryland provides a detailed and nuanced understanding of who suppresses material evidence in criminal cases, as well as why, how, where, and how often. Its findings complicate the conventional wisdom that Brady violations are the work of nefarious prosecutors who intentionally withhold material evidence from criminal defendants. While it is true that “bad faith” permeates this area of constitutional noncompliance, a substantial minority of Brady cases stem from “good faith” errors by prosecutors and suppression by law enforcement officers. Most Brady violations occur in a small number of states, and most …

Human Rights Methodology For Clinical Instruction: Legal Theory And Interdisciplinary Practices To Realize Human Rights Outcomes, Diane Desierto

Journal Articles

The interdisciplinary fact-finding and analytical methodologies of global human rights law, when translated to experiential learning practices (e.g., in the form of human rights legal assessments that integrate international law with domestic law and inject rigorous plausibility evaluations of client claims applicable to global as well as domestic fora) can usefully enhance and expand United States law school clinical teaching practices and the transfer of practical lawyering skills. By teaching law students: (1) the wide range of available human rights factfinding and empirical tools; (2) the techniques for broad use and application of primary and secondary evidentiary sources; and (3) …

Severability And Liberty, Randy J. Kozel

Journal Articles

In US federal courts and the courts of many states, the presumption of statutory severability leads judges to separate a statute’s unlawful elements from its lawful ones. This article contends that the presumption becomes problematic when the effect of severing is to restrict the constitutional rights of a group whom the legislature exempted from regulation. Presumptive severability draws on a conception of judicial review that aspires to minimize interference with enacted legislation. But there is a countervailing constitutional interest in protecting exempted groups from restrictions on their liberty unless and until the legislature directs otherwise. It is these competing strands …

Meta-Interpretive Questions And The Aims Of Theories Of Interpretation: Beyond The Remedial Answer, Francisco J. Urbina

Journal Articles

This invited Response to Bill Watson’s “What Are We Debating When We Debate Legal Interpretation?” examines the point and purpose of interpretive theories. Watson argues that theories of interpretation are about how legal actors should exercise discretion when the law runs out. The Response builds on Watson’s sophisticated conceptual framework to explain that interpretive theories can be about at least two other topics. They can be about the most normatively appealing way of operating with sources—whether this tracks legal content or not—and they can be about which criteria for identifying something as law the legal community should adopt.

Are Nonprofit Tax Exemptions And Deductions “Federal Financial Assistance”? Should They Be?, Lloyd Hitoshi Mayer

Journal Articles

Two recent federal court decisions have reignited the debate over whether “Federal financial assistance” as used in four federal anti-discrimination statutes includes the tax benefits enjoyed by most nonprofit organizations. Both courts concluded that it does. While an appellate court reversed one decision, and the other case settled without appellate review, these holdings create significant uncertainty. And this uncertainty affects the more than 1.8 million tax-exempt nonprofits, many if not most of which do not receive federal financial assistance through other channels and so could safely conclude these statutes do not reach them, absent these decisions.

This Article first considers …

Continuous Quality Improvement In Social Needs Screening: Evaluation Of An Intervention In Bariatric Specialty Care, Claire Chang, Samantha Cooley, Bradley Iott, Jordan Greene, Dilhara Muthukuda, Renuka Tipirneni

Student Publications

_{Introduction:}

With growing recognition of the influence that social risks, such as food insecurity and housing instability, have on individual and population health, social risk screening and social care interventions have proliferated across the health system. Social needs intervention research on screening and referral in specialty care is limited, despite evidence that social needs influence access to and outcomes of surgical and specialty care.

_Methods:

This study is a qualitative, formative evaluation of a quality improvement-oriented social needs screening and referral pilot program implemented in a bariatric surgery practice and aims to share lessons related to the structure and process …

Teacher Moves For Building A Mathematical Modeling Classroom Community, Ayse Ozturk

Teaching & Learning Faculty Publications

This study investigates the role of teacher talk moves in cultivating a mathematical modeling classroom community. From the models and modeling perspective, it explores how specific teacher talk moves promote student participation in modeling phases and the exchange of ideas with other students. Through a four-week after-school program involving eight secondary students, data were collected from small-group and whole-class discussions. The findings reveal that teacher talk moves can be categorized into three core types: eliciting students’ ideas, introducing key terms and ideas used in mathematical modeling, and encouraging students to take a position during discussions. These moves are shown to …

Fostering Critically Conscious Lesson Planning In A Generative Artificial Intelligence Era, Derek Riddle, Paula Cristina Azevedo, Catharyn Shelton, Jaime Colwell, Jori Beck

Teaching & Learning Faculty Publications

Teacher candidates (TCs) use digital resources and social media to plan and develop learning material, and with publically accessible generative artificial intelligence (GAI), TCs are able to generate lesson plans within seconds rather than hours or days. While there is research on how to support TCs' evaluation of reliable digital media, there is little known on how to prepare TCs for GAI content. Using the complementary frameworks of Freire’s (1970) critical consciousness and Jonnasen’s (1991) theory of constructivism, this in-progress design based research seeks to develop an adaptable framework that addresses the evolving nature of technology, specifically GAI, and the …

Securitizing The University, Maryam Jamshidi

Publications

Since October 7, 2023, public and private actors have doubled down on efforts to securitize the American university. In large part, these initiatives aim to quash a vocal pro-Palestine movement that has become highly visible across U.S. campuses since October 7th. In targeting this group, these efforts have variously treated the university as an "object" of national security, namely, as a potential site of national security risk, while simultaneously encouraging or pressuring universities to "participate" in national security, namely, by actively and, in many cases, voluntarily furthering U.S. national security objectives. The university's status as object of and participant in …

A New Satanic Panic, Jonathon J. Booth

Publications

A broad backlash to LGBTQ visibility and equality has emerged in recent years. Its conservative proponents have asserted that queer people are Satanic, called gender affirming healthcare child abuse, and labeled adults who teach about gender and sexuality "groomers." This rhetorical shift, combined with an explosion of anti-transgender legislation, may presage a revival of the 1980s Satanic Panic, when fears of brutal crimes allegedly committed by Satanic cults swept the nation. These accusations spurred the longest trial in American history, commanded tabloid news, and led dozens of people to be convicted of lurid crimes, nearly all of whom were later …

Religious Freedom And The Fertilized Egg, Rabea N. Benhalim

Publications

Anti-abortion activism and litigation have challenged established caselaw on the legality of in vitro fertilization (IVF) and the legal treatment of IVF fertilized eggs. These challenges rely on conservative Christian ideologies that full personhood occurs at fertilization. Litigation has primarily arisen out of wrongful death suits and divorce proceedings, wherein a party either has destroyed or seeks to dispose of frozen blastocysts. Some legislatures now seek to regulate the treatment of IVF fertilized eggs vis-á-vis legislation, as politicians increasingly seek to ban any destruction of human fertilized eggs by legally defining human life as beginning at fertilization. However, the question …

Prosecutorial Reform And The Myth Of Individualized Enforcement, Justin Murray

Publications

The American prosecutor’s legitimacy faces unprecedented challenges. A new wave of reformist prosecutors has risen to power promising to transform the criminal justice system from within, sparking fierce backlash from defenders of the prosecutorial status quo. Central to this conflict is a debate over the nature of prosecutorial discretion, influenced by a set of claims and assumptions that this Article terms the myth of individualized enforcement. This myth posits that prosecutors base discretionary decisions on case-specific facts and equitable circumstances rather than generalizable criteria or categorical nonenforcement practices, such as the policies some reformist prosecutors have adopted that disfavor prosecuting …

Physics-Informed Deep Learning With Kalman Filter Mixture For Traffic State Prediction, Niharika Deshpande, Hyoshin (John) Park

Engineering Management & Systems Engineering Faculty Publications

Accurate traffic forecasting is crucial for understanding and managing congestion for efficient transportation planning. However, conventional approaches often neglect epistemic uncertainty, which arises from incomplete knowledge across different spatiotemporal scales. This study addresses this challenge by introducing a novel methodology to establish dynamic spatiotemporal correlations that captures the unobserved heterogeneity in travel time through distinct peaks in probability density functions, guided by physics-based principles. We propose an innovative approach to modifying both prediction and correction steps of the Kalman Filter (KF) algorithm by leveraging established spatiotemporal correlations. Central to our approach is the development of a novel deep learning model …

Sampling Balanced High-Quality Data To Train An Automatic Mesh Generator, Jie Pan, Jingwei Huang, Gengdong Cheng, Yong Zeng

Engineering Management & Systems Engineering Faculty Publications

In real-world scenarios, high-quality data are often scarce and imbalanced, yet it is essential for the optimal performance of data-driven algorithmic models. Data synthesis methods are commonly used to address this issue; however, they typically rely heavily on the original dataset, which limits their ability to significantly improve performance. This article presents a quality function-based method for directly generating high-quality data and applies it to a mesh generation algorithm to demonstrate its efficiency and effectiveness. The proposed approach samples input-output pairs of the algorithm based on their feature spaces, selects high-quality samples using a defined quality function that evaluates the …