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Point Break: Exploring Associations Of Burnout, Locus Of Control, And Engagement In The Principalship, Matt Condon Jan 2024

Point Break: Exploring Associations Of Burnout, Locus Of Control, And Engagement In The Principalship, Matt Condon

Dissertations of Practice

This quantitative study examined the constructs of burnout, workplace engagement, and locus of control in a sample of 278 public school principals in the state of Illinois. Data were collected via Qualtrics and consisted of the self-report measures of the Maslach Burnout Inventory, the Utrecht Work Engagement Scale, the Rotter Locus of Control Scale, as well as several demographic questions about the characteristics of the school and district as well as the personal characteristics of the survey respondents. Research questions were examined via MANOVAs, multivariate regressions, and Pearson correlations. Findings suggest gender differences in self-perceptions of personal accomplishment but there …


College Freshman Or College Junior? A Phenomenology Of The Experiences Of Dual-Enrolled Students Who Complete An Associate’S Degree While In High School And Attend A Public 4-Year University, Shari K. Ruehling Jan 2024

College Freshman Or College Junior? A Phenomenology Of The Experiences Of Dual-Enrolled Students Who Complete An Associate’S Degree While In High School And Attend A Public 4-Year University, Shari K. Ruehling

Dissertations of Practice

ABSTRACT COLLEGE FRESHMAN OR COLLEGE JUNIOR? A PHENOMENOLOGY OF THE EXPERIENCES OF DUAL-ENROLLED STUDENTS WHO COMPLETE AN ASSOCIATE’S DEGREE WHILE IN HIGH SCHOOL AND ATTEND A PUBLIC 4-YEAR UNIVERSITY

Dual enrollment opportunities in the United States continue to grow with more students completing college credentials such as degrees, diplomas and certificates while in high school. Some states, such as Iowa, lead the way in dual enrollment participation and credential completion while in high school. Many quantitative studies have shown positive graduation, retention, and completion rates among dual-enrolled students. However, there is a lack of qualitative research on the transition experiences …


Commitment To Teaching: The Enabling Conditions For Collective Efficacy, Collective Efficacy, School Climate, And Job Satisfaction, Greta Behan Jan 2024

Commitment To Teaching: The Enabling Conditions For Collective Efficacy, Collective Efficacy, School Climate, And Job Satisfaction, Greta Behan

Dissertations of Practice

The purpose of this study was to examine the relationships among collective efficacy, school climate, job satisfaction and the enabling conditions of collective efficacy. This study also looked at the relationship those variables had with the likelihood to stay in the teaching profession. The objective of this research was to gather more information on teachers’ perception of their schools’ climate, job satisfaction, collective efficacy, and enabling conditions for collective efficacy.

This study used quantitative survey instruments to examine collective efficacy, school climate, job satisfaction, and the enabling conditions of collective teacher efficacy. Participants took the Collective Efficacy Short Survey (CE-S), …


From Mind To Matter: Patterns Of Innovation In The Archaeological Record And The Ecology Of Social Learning, Kathryn Demps, Nicole M. Herzog, Matt Clark Jan 2024

From Mind To Matter: Patterns Of Innovation In The Archaeological Record And The Ecology Of Social Learning, Kathryn Demps, Nicole M. Herzog, Matt Clark

Anthropology Faculty Publications and Presentations

Archaeology and cultural evolution theory both predict that environmental variation and population size drive the likelihood of inventions (via individual learning) and their conversion to population-wide innovations (via social uptake). We use the case study of the adoption of the bow and arrow in the Great Basin to infer how patterns of cultural variation, invention, and innovation affect investment in new technologies over time and the conditions under which we could predict cultural innovation to occur. Using an agent-based simulation to investigate the conditions that manifest in the innovation of technology, we find the following: (1) increasing ecological variation results …


What’S Up With Words?: A Systematic Review Of Designs, Strategies, And Theories Underlying Vocabulary Research, Cherrynn Kast Black, Katherine Landau Wright Jan 2024

What’S Up With Words?: A Systematic Review Of Designs, Strategies, And Theories Underlying Vocabulary Research, Cherrynn Kast Black, Katherine Landau Wright

Curriculum, Instruction, and Foundational Studies Faculty Publications and Presentations

Strong academic vocabulary is necessary for students’ success in school. Recently, researchers recommended studying integrated approaches for developing vocabulary, which is predictive of students’ long-term school success. Based on the premise that teachers who understand the theoretical foundations guiding their practice are better equipped to adapt strategies to meet the needs of their students, other researchers have attempted to identify theories underlying vocabulary instruction. Because teachers require the support of researchers who combine best practices in instruction with the theoretical frameworks on which they are based, we combined approaches implemented in three systematic reviews with an exploration of a variety …


Utilizing A Structured Music Therapy Program For Adolescents With Anxiety And Depression, Amy Haagen Jan 2024

Utilizing A Structured Music Therapy Program For Adolescents With Anxiety And Depression, Amy Haagen

West Chester University Doctoral Projects

Anxiety and depression are two of the most common mental health issues that affect children and adolescents. It has been noted that twenty percent of adolescents will have a depressive episode or be affected by anxiety by the time they are 18 years old. Mental health issues affecting children and adolescents majorly impact all aspects of their lives, most notably academic success, behavior, growth, and development (Porter et al., 2017). Current treatments for mental disorders, including depression and anxiety, include pharmacological and psychotherapeutic treatments. In the adolescent population, there are conflicting opinions on the use of antidepressants due to risks …


Community Cultural Wealth And Its Impact On Pandemic Relief Funding For Small Businesses, Brett Smith Jan 2024

Community Cultural Wealth And Its Impact On Pandemic Relief Funding For Small Businesses, Brett Smith

West Chester University Doctoral Projects

This dissertation investigates the impact of social, navigational, familial, aspirational, and resistant capital on the ability of small business owners in Pennsylvania to access relief funding during the COVID-19 pandemic, primarily the period from March 2020 to December 2020. Utilizing Dr. Tara Yosso’s Community Cultural Wealth framework, the study explores systemic barriers within relief initiatives and how they affect marginalized communities.

To meet business owners where they were, and to utilize technologies born as a result of the pandemic, this study utilized Asynchronous Video Interviews (AVI) and online surveys, to capture the lived experiences of these small business owners. Not …


Development And Validation Of The Spatial Separation Sentence Test In Kannada, Asish Mervin Hermon, Kanaka Ganapathy, Hari Prakash Palaniswamy, Arivudai Nambi Pitchai Muthu Jan 2024

Development And Validation Of The Spatial Separation Sentence Test In Kannada, Asish Mervin Hermon, Kanaka Ganapathy, Hari Prakash Palaniswamy, Arivudai Nambi Pitchai Muthu

Open Access archive

Background and Objectives: This study aimed to develop and validate a modified version of the Speech in Noise Sentence Test in Kannada, which would be appropriate for testing the speech comprehension ability of children aged 8–12 years. Subjects and Methods: A total of 120 sentences were chosen from 200 familiar sentences and split into four lists. Continuous discourse was used as a competition or distractor. Using MATLAB, the target stimulus was presented at 0-degree azimuth while the distractor’s location varied (+90° and -90° azimuth). The test was programmed to dynamically adjust the signal-to-noise ratio (SNR) based on participants’ responses. After …


Demystifying Multiple Sclerosis Diagnosis Using Interpretable And Understandable Artificial Intelligence, Krishnaraj Chadaga, Varada Vivek Khanna, Srikanth Prabhu, Niranjana Sampathila Jan 2024

Demystifying Multiple Sclerosis Diagnosis Using Interpretable And Understandable Artificial Intelligence, Krishnaraj Chadaga, Varada Vivek Khanna, Srikanth Prabhu, Niranjana Sampathila

Open Access archive

Multiple sclerosis (MS) is a dangerous illness that strikes the central nervous system. The body's immune system attacks myelin (an entity above the nerves) and impairs brain-to-body communication. To date, it is not possible to cure MS. However, symptoms can be managed, and treatments can be provided if the disease is diagnosed early. Hence, supervised machine learning (ML) algorithms and several hyperparameter tuning techniques, including Bayesian optimization, have been utilized in this study to predict MS in patients. Descriptive and inferential statistical analysis has been conducted before training the classifiers. The most essential markers were chosen using a technique called …


Awareness Of Deleterious Oral Habits And Knowledge Of Habit Breaking Appliance Among Parents In Alkharj - A Cross Sectional Study, Sultan Abdulrahman Almalki, Inderjit Murugendrappa Gowdar, Saeed N. Asiri, Praveen Jodalli Jan 2024

Awareness Of Deleterious Oral Habits And Knowledge Of Habit Breaking Appliance Among Parents In Alkharj - A Cross Sectional Study, Sultan Abdulrahman Almalki, Inderjit Murugendrappa Gowdar, Saeed N. Asiri, Praveen Jodalli

Open Access archive

Background: Actions that are repetitive and being practiced automatically are called habits. Oral habits can be classified as normal or deleterious. Oral health education starts from footprints of awareness. Growing children require appropriate guidance for healthy growth and maintenance of their teeth, which makes the parent an active participant in the prevention and treatment of malocclusion and thus is majorly affected by their knowledge and attitude regarding various deleterious oral habits and habit breaking appliances. Aim: To assess and compare awareness of deleterious oral habits and knowledge of habit breaking appliance, among parents at Alkharj Saudi Arabia. Methodology: Study assessed …


Multifaceted Therapeutic Approaches For The Management Of Dyspareunia: A Narrative Review, Muskan Rastogi, Kuldeep Deka, Shyam Krishnan K, Amitesh Narayan Jan 2024

Multifaceted Therapeutic Approaches For The Management Of Dyspareunia: A Narrative Review, Muskan Rastogi, Kuldeep Deka, Shyam Krishnan K, Amitesh Narayan

Open Access archive

Background: Dyspareunia is a complex health issue in women and causes an increased risk of sexual dysfunction, relationship conflict, mood disorders, and decreased quality of life. This narrative review aimed to explore the different therapeutic approaches for managing this complex health problem among the women population. Materials and Methods: Articles published in English in Google Scholar, PubMed, Scopus, ScienceDirect, Embase, CINAHL, Cochrane Library, and SAGE databases from 2017 to 2023 were searched. Twelve studies with dyspareunia as the primary clinical problem were chosen. The clinical efficacy of pelvic floor muscle training, perineal massage, biofeedback, manual therapy, dilator therapy, extracorporeal shockwave …


Examining The Impact Of Wine Influencers’ Characteristics On Consumer Attitudes, Purchase Intention, And Actual Wine Purchase, Senthilkumaran Piramanayagam, Jyothi Mallya, Vageesh Neelavar Kelkar Jan 2024

Examining The Impact Of Wine Influencers’ Characteristics On Consumer Attitudes, Purchase Intention, And Actual Wine Purchase, Senthilkumaran Piramanayagam, Jyothi Mallya, Vageesh Neelavar Kelkar

Open Access archive

Wine influencers have emerged as one of the crucial elements in shaping consumer perceptions and behaviours. However, the specific characteristics of these influencers that effectively influence consumer attitudes, purchase intentions, and actual buying decisions remain inadequately understood. Therefore, using the Elaboration Likelihood Model, this study examines the impact of wine influencers’ characteristics on consumers’ attitudes, purchase intentions, and actual buying behaviour. A survey of 404 social media users was conducted using a structured questionnaire. The structural equation modelling analysis found that perceived credibility impacts attitudes toward influencers but not recommended brands. However, perceived expertise and trust strongly predict attitudes toward …


Analysis Of The Magnetohydrodynamic Effects On Non-Newtonian Fluid Flow In An Inclined Non-Uniform Channel Under Long-Wavelength, Low-Reynolds Number Conditions, Manjunatha Gudekote, Rajashekhar Choudhari, Prathiksha Sanil, Hanumesh Vaidya Jan 2024

Analysis Of The Magnetohydrodynamic Effects On Non-Newtonian Fluid Flow In An Inclined Non-Uniform Channel Under Long-Wavelength, Low-Reynolds Number Conditions, Manjunatha Gudekote, Rajashekhar Choudhari, Prathiksha Sanil, Hanumesh Vaidya

Open Access archive

This study utilises mathematical modelling and computations to analyse the magnetohydrodynamic (MHD) effects on non-Newtonian Eyring-Powell fluid flow in an inclined non-uniform channel under long-wavelength, low Reynolds number conditions. The governing equations are solved by applying slip boundary conditions to determine the velocity, temperature, concentration, and streamline profiles. The key findings show that the magnetic parameter dampens the flow rate. The relationship between the variable viscosity, velocity, and temperature is nonlinear. The wall rigidity parameter and axial velocity are directly proportional until a threshold. Increasing inclination angles distorts streamlines. The magnetic field alters concentration contours and thermal transport. MATLAB parametric …


Detection Of Epilepsy Disorder Using Spectrogram Images Generated From Brain Eeg Signals, Venkatesh Bhandage, Tejeswar Pokuri, Devansh Desai, Andrew Jeyabose Jan 2024

Detection Of Epilepsy Disorder Using Spectrogram Images Generated From Brain Eeg Signals, Venkatesh Bhandage, Tejeswar Pokuri, Devansh Desai, Andrew Jeyabose

Open Access archive

Epilepsy (EP) is a persistent neurological condition of chronic brain disorder characterized by repeated seizures and causes psychological issues such as anxiety and depression. There is a need to detect the presence of epilepsy at an earlier stage with the help of technological intervention. Early detection of epilepsy can help medical practitioners treat patients effectively and in a better way. Electroencephalography (EEG) signals are more suitable for monitoring brain activity and detecting brain disorders. In this paper, we propose a deep learning based approach for the early detection of epilepsy via EEG Spectrogram images. The proposed approach is 3-fold. First, …


Stories Of Dismantling Whiteness In Social Work Educational Spaces, Jeanean Mohr Jan 2024

Stories Of Dismantling Whiteness In Social Work Educational Spaces, Jeanean Mohr

West Chester University Doctoral Projects

Social work and higher education are rooted in systems of racism and exclusion and continue to operate as racialized spaces. As the social work profession grapples with its past and calls upon social work educators to support efforts to undo structural racism, paying attention to what is happening in educational spaces is essential. In this study, I examined the stories and tensions of White Social Work faculty engaged in efforts to dismantle whiteness in their classrooms, departments, and universities. Using narrative inquiry, I interviewed nine White faculty from different universities representing five regions across the United States. I explored their …


Amplifying Voices Of Postsecondary Outcomes For Physically Disabled Students A Qualitative Research Study, Jessica Keogh Jan 2024

Amplifying Voices Of Postsecondary Outcomes For Physically Disabled Students A Qualitative Research Study, Jessica Keogh

West Chester University Doctoral Projects

The present qualitative research study analyzed and amplified the voices of physically disabled and/or chronically ill students' perspectives of their postsecondary transition process. Previous transition research dating back to 1983, just a decade after the passage of Section 504 of the Rehabilitation Act, focuses on students with cognitive disabilities, Autism, and Intellectual Disabilities (Will, 1983). From my professional and lived experiences, there appears to be a gap in postsecondary transition services for youth with physical disabilities, which is further substantiated in previous bodies of research (Faggella-Luby et al., 2014; Targetta et al., 2013). This research study is important as it …


Impact On Abortion Rates: An Interrupted Time Series Analysis Of Planned Parenthood’S Refusal Of Title X Family Planning Funding, Carrissa Griffing Jan 2024

Impact On Abortion Rates: An Interrupted Time Series Analysis Of Planned Parenthood’S Refusal Of Title X Family Planning Funding, Carrissa Griffing

West Chester University Doctoral Projects

Planned Parenthood Federation of America (PPFA) decided to reject federal family planning funds when faced with a “gag rule” that would prevent PPFA from providing abortion services. The economic theory of scarcity and everyday human experience teach that a reduction in available resources or means will necessarily impact the ends to which those means are expended. This dissertation tests the prediction of economic theory that a reduction in available means results in a sacrifice in given ends, like a paycheck reduction might result in less food on a family dinner table. Planned Parenthood’s behavior is examined in light of this …


Classrooms, Hallways, And Peleas: The Violence And The Education Of Latino Students, Pamela Margolis Jan 2024

Classrooms, Hallways, And Peleas: The Violence And The Education Of Latino Students, Pamela Margolis

West Chester University Doctoral Projects

Latino children attend schools that are informed by violent, biased, and racist beliefs that make it difficult for them to attain educational success. Informed by Latino Critical Race Theory (LatCrit) this qualitative study examined the narratives and lived experiences of bilingual Latino children and their families and the educational violence they were subjected to in schooling. The research team completed 8 semi structured family interviews equaling twenty-five people with 12 parents and 13 children. Children ranged in age from 8 to 17 years old. Methodologies included family interviews in which most of the parents’ interviews were conducted in Spanish and …


Is Involvement The Key To Students' Post-Graduate Success? A Study Of Undergraduate University Exit Survey Results And Co-Curricular Activity Participation, Kari Harris Jan 2024

Is Involvement The Key To Students' Post-Graduate Success? A Study Of Undergraduate University Exit Survey Results And Co-Curricular Activity Participation, Kari Harris

West Chester University Doctoral Projects

The connection between co-curricular activities and student’s undergraduate university experience was explored in this study. Descriptive statistics were used to analyze existing university exit survey data from the Arkansas State University Leaving the Den survey. The survey was designed to gather feedback on students’ university experiences. This study explored the feasibility of using an existing exit survey to gather data on students’ co-curricular experiences, perceived and real return on investment in their education, and post-graduate plans. Co-curricular experiences identified in the survey were connected to NACE Career Competencies. The outcomes of the descriptive analysis indicate strong connections between student participation …


A Little Bird Told Me: The Lived Experiences Of Officers Who Participated In Deep Undercover Programs, Oakley Fungaroli Jan 2024

A Little Bird Told Me: The Lived Experiences Of Officers Who Participated In Deep Undercover Programs, Oakley Fungaroli

West Chester University Doctoral Projects

This study used interpretative phenomenological analysis to gather and analyze semi-structured interviews of seven participants who took part in deep undercover programs between the 1970s and 1990s. In the early 1980s, under pressure from civil rights advocates, law enforcement implemented policies restricting the use of undercover police officers in non-violent intelligence investigations. The new guidelines resulted in robust selection and training requirements for deep undercover assignments which became focused on those who advocated criminal acts in furtherance of social or political objectives. The lived experiences revealed that while intelligence guidelines intended to protect civil rights applied to all personnel, training …


Wine Consumer Studies: Current Status And Future Agendas, Vageesh Neelavar Kelkar, Jyothi Mallya, Valsaraj Payini, Vasanth Kamath Jan 2024

Wine Consumer Studies: Current Status And Future Agendas, Vageesh Neelavar Kelkar, Jyothi Mallya, Valsaraj Payini, Vasanth Kamath

Open Access archive

Background: As wine has become more than just a drink, exploring wine consumer studies provides a better understanding of various factors that shape the wine industry. Therefore, this paper aims to review and map the landscape of wine consumer literature using bibliometric analysis and systematic review. It identifies the key areas, clusters, antecedents, mediators, moderators, and outcomes to propose the framework for future research directions. Methods: This study adopts an integrative review approach: a bibliometric and systematic review. The data for this study were retrieved from the Scopus database. While the bibliometric analyses are conducted using VoSviewer software, a systematic …


Effect Of Telerehabilitation In A Patient With Pulmonary Tuberculosis: A Case Study, Muddaiah Srinivas, Guruprasad T. Jagadeesh, Prabhakar Kamarthi, N. J. Patil Jan 2024

Effect Of Telerehabilitation In A Patient With Pulmonary Tuberculosis: A Case Study, Muddaiah Srinivas, Guruprasad T. Jagadeesh, Prabhakar Kamarthi, N. J. Patil

Open Access archive

Tuberculosis (TB) is one of the top communicable diseases responsible for more deaths worldwide. Patients with pulmonary TB (PTB) suffer from lung damage, including fibrosis, cavitation, muscle weakness, and other radiological changes, leading to decreased lung function, quality of life (QoL), breathlessness, and physical and psychological impairments. So, the Present case study of a 58-year-old female with sputum-positive PTB suffering from breathing difficulties after the start of anti-TB treatment (ATT) was given online pulmonary rehabilitation therapy. The present study aimed at assessing the effect of yoga and respiratory care therapy (RCT) on PTB patients. This study is unique and rare …


From Runway To Homepage: Synthesizing Luxury Brand Strategies In Digital Scape, Diksha Agarwal, Rajeev Kumra Jan 2024

From Runway To Homepage: Synthesizing Luxury Brand Strategies In Digital Scape, Diksha Agarwal, Rajeev Kumra

Open Access archive

The increasing preference of consumers to purchase luxury online has caught the attention of luxury retailers over time. It has encouraged retailers to formulate strategies that boost their online revenue. Owing to the importance of the topic, this article presents a detailed and critical review of brand strategies that induce luxury consumption using digital platforms. Using the PRISMA approach and following the systematic review process, the authors have identified five major brand strategies that can help them strengthen their digital game. The article presents a conceptual framework that will help luxury retailers understand the current state of online brand strategies, …


Why Is There No Social Citizenship In Puerto Rico? The Demise Of Section 20, Haley Powell Jan 2024

Why Is There No Social Citizenship In Puerto Rico? The Demise Of Section 20, Haley Powell

Indiana Journal of Law and Social Equality

Part I will define T.H. Marshall’s theory of citizenship rights and explain how that framework pertains to the denial of social welfare rights in Puerto Rico’s constitution. It will also delineate the larger context of social welfare in the United States using the contract versus charity paradigm posited by two historians, New School Professor Nancy Fraser and New York University Professor Linda Gordon. Part II will explore the legislative history of the Puerto Rican Constitution at the Puerto Rican Constitutional Convention and the U.S. Congress debates following the convention. Part III will examine the ramifications of the removal of Section …


Building And Fostering Honors Communities: Lessons From Social Distancing, Anne Dotter, Kathleen King Jan 2024

Building And Fostering Honors Communities: Lessons From Social Distancing, Anne Dotter, Kathleen King

National Collegiate Honors Council Monographs: Chapters

While scholars of online education have been developing ways to foster a sense of belonging in online spaces for years, many of us in honors were thrown into the deep end for the first time in March 2020. As a result, we are now able to see the potential of online practices in a way we could not previously. This chapter tells the story of how we came to see the value of virtual community made possible by digital technology as an invaluable complement to the in-person work of a twenty-first-century honors program. Before the Work from Home (WFH) era, …


Udl As A Framework For Expanding Liaison Work And Engaging With Students, Erica Defrain Jan 2024

Udl As A Framework For Expanding Liaison Work And Engaging With Students, Erica Defrain

University of Nebraska-Lincoln Libraries: Faculty Publications

This chapter examines the development of a series of virtual workshops designed to strengthen research and information strategies in the social sciences. Guided by the principles of Universal Design for Learning (UDL)—emphasizing equity, flexibility, and simplicity—the program evolved into both a successful synchronous learning experience and a sustainable suite of asynchronous instructional objects accessible across the university. Now in its third semester, the workshops have expanded beyond traditional liaison boundaries, increasing awareness of library resources and services throughout the academic community. The chapter details the iterative process of developing, designing, and assessing the workshops through a UDL framework, highlighting pedagogical …


A Sensory Perspective On High-Ranked Women’S Dress In The 8th To 4th Century Bc In The Mediterranean And Central Europe, Karina Grömer, Susanna Harris, Audrey Gouy, Cecilie Brøns Jan 2024

A Sensory Perspective On High-Ranked Women’S Dress In The 8th To 4th Century Bc In The Mediterranean And Central Europe, Karina Grömer, Susanna Harris, Audrey Gouy, Cecilie Brøns

Textile Crossroads: Exploring European Clothing, Identity, and Culture across Millennia

In the late 20th century, the study of western science was dominated by a philosophical approach to evidence as text and meaning. In archaeology, material culture was treated like text, to be read through systems of signs, symbols, and indices put together in syntax. For studies of dress, this was influential in understanding dress as a cognitive system compiled to create identities and meaning. In this approach, textiles, fastenings, hairstyles, and gestures are presented as signs and symbols used to form a statement about identity, to be read by others. There was a focus on the visuality of dress and …


Facilitating Children’S Musical Development, Andrew Aprile Jan 2024

Facilitating Children’S Musical Development, Andrew Aprile

Open Educational Resources

In this course, early childhood teacher candidates will explore significant issues and current research regarding the musical development of young children, as related to emotional, cognitive and physical musical growth. Observations of natural music-making behaviors, interactive music making experiences, as well as integrative pedagogy focused on children’s engagement with music and movement will be salient to teacher candidates’ learning process.


Introductory Sociology, Talha Issevenler Jan 2024

Introductory Sociology, Talha Issevenler

Open Educational Resources

A syllabus for "Introductory Sociology" that familiarizes students with basic sociological concepts such as norms, institutions, class, and power with interpretative exercises designed for students to develop ability to apply sociological analysis to particular contexts.


Failure To Function: A Potential New Shield Against Trademark Infringement?, Alyssa Yoshino Jan 2024

Failure To Function: A Potential New Shield Against Trademark Infringement?, Alyssa Yoshino

IP Theory

The United States Patent and Trademark Office (“USPTO”) has recently been characterized as having a “penchant” for refusing trademark registrations on the grounds of failure to function. This trend has come with commentary, both praising the doctrine’s ability to efficiently supplement the distinctiveness analysis by assessing use and criticizing the inconsistent application of the doctrine. The sources of this academic commentary, from Alexandra J. Roberts and Lucas D. Cuatrecasas, serve as the heads of two camps regarding the failure to function doctrine. The first encourages an increased application of the doctrine as a combined distinctiveness and use analysis. The second …