Digital Commons Network^™

History And Tradition In First Amendment Intellectual Property Cases: A Critique, Rebecca Tushnet

Marquette Intellectual Property & Innovation Law Review

This Article examines the increasing reliance on "history and tradition" as a method of constitutional analysis in First Amendment cases involving intellectual property. The author argues that, although the Supreme Court has recently embraced this methodology in other constitutional contexts, particularly Second Amendment jurisprudence, it has long relied on similar reasoning to uphold intellectual property rights against First Amendment challenges. Through an analysis of cases involving the right of publicity, copyright, and trademark law, the Article contends that the Court has used historical analogies to justify expanding intellectual property protections while giving insufficient consideration to their impact on free expression. …

Not All Sunshine In Wisconsin: The Cloudy Public Disclosure Predicament Surrounding Trade Secrets, Amelia S. Murray

Marquette Intellectual Property & Innovation Law Review

This Comment will explore the current landscape surrounding trade secret protections in Wisconsin Open Records Law requests. The lack of access to state-protected trade secrets, and overall lack of transparency, effectively endangers the general health and safety of the Wisconsin public and environment. When a request is made for information under the Wisconsin Open Records Law pertaining to state information protected by trade secret, and the requester is denied access to such information due to its trade secrecy status, the state should have to disclose trade secret information if it poses a greater danger to environmental health, human health, or …

From Software To Multimedia: How Warhol's Refinement Of The First Fair Use Factor Upholds Prior Rulings Across The Copyright Landscape, Graham Lemke

Marquette Intellectual Property & Innovation Law Review

“Fair use” is a commonly invoked term of legal art that dates back to the 19th century and has undergone significant transformation since its inception. Specifically, the first factor of fair use, encompassing transformativeness, purpose, and commercial use, has generated significant circuit splits, leading to disparate outcomes for litigants depending on the presiding circuit. In an attempt to alleviate the unharmonious application of the fair use doctrine, the Supreme Court of the United States granted certiorari to a 2023 Second Circuit case involving the famed Andy Warhol Foundation. However, in the wake of the opinion’s release, critics have claimed that …

Blood Diamonds Of The Digital Age: The Need For Multi-Perspective Legislation On Cryptocurrency, Peter Derdzinski

Marquette Intellectual Property & Innovation Law Review

This comment examines how cryptocurrency is used in illicit cross-border transactions before examining some of the means currently employed to combat this criminal activity. Through analysis of the European Union’s Markets in Crypto-Assets (MiCA) regulations, this Comment proposes a multi-perspective approach for new legislation in the United States beyond the GENIUS Act of 2025. Specifically, this Comment argues that any new legislation needs to approach cryptocurrency as both a medium of exchange and as an investment vehicle or a store of value. Such legislation is necessary to create a trellis for cryptocurrency growth and to provide an organized approach for …

Risk, Reward, And Renewable Collateral: Can Ip Sustain Financing In Green Energy?, Nigel Blake

Marquette Intellectual Property & Innovation Law Review

As the transition from fossil fuels to renewable energy accelerates, intellectual property has become one of the most valuable assets held by emerging green technology companies. Patents, trademarks, copyrights, and trade secrets often comprise a greater share of these companies' value than tangible assets, making intellectual property an increasingly important source of collateral for commercial financing. At the same time, the renewable energy industry presents unique valuation challenges. Rapid technological innovation, shifting government policies, evolving consumer preferences, and uncertain market demand can significantly affect the value of intellectual property, creating substantial risks for both borrowers and lenders.

This Comment examines …

The Impact Of A Kentucky Nutrition Education Program Social Marketing Campaign On Resident Health, Trinity Elizabeth Foster

Theses and Dissertations--Agricultural Economics

Poor diet quality and physical inactivity are common health issues in the United States. To remedy these issues among low-income households, the United States Department of Agriculture created the Supplemental Nutrition Assistance Program Education Program (SNAP-Ed), which promoted healthy eating and physically active lifestyles through multiple avenues. The social marketing approach of SNAP-Ed uses marketing strategies to relay information to the public. In Kentucky, a statewide billboard campaign was launched in 2018 encouraging residents to focus on nutrition and physical activity. This study investigates the impact of that campaign on health outcomes in counties throughout the state. Using billboard location …

A Golden Opportunity For New York: Caveat Emptor And Revised Mckinney's 465, Grady Miller

NYLS Law Review

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For centuries, the doctrine of caveat emptor has governed New York residential real estate transactions, rewarding sellers who do not disclose material defects affecting the property, and punishing unsuspecting buyers who fail to exercise due diligence. To alleviate the doctrine’s inherent unfairness to buyers, the New York …

Emden V. Museum Of Fine Arts, Houston, Beau Van Der Meulen

NYLS Law Review

No abstract provided.

People V. Riche, Timothy Mccormick

NYLS Law Review

No abstract provided.

Soft Diplomacy Today...Global Influence Tomorrow, Michael Sutnick

NYLS Law Review

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The United States stands at a critical juncture where its global influence depends on adapting visa and tourism …

How Does Residing In A Battleground State Explain Republican Elites Election-Denial Rhetoric On Social Media?, Caedmon P. Brewer

Theses and Dissertations--Political Science

After the 2020 election the U.S. democratic process was challenged by Republican challengers many of which were office holders including the president. Many of these criticisms were shared and perpetuated in online spaces What encourages elites to post on social media about election denialism? This paper attempts to partially answer the question by performing an analysis on Facebook posts made by 1,154 congressional candidates between 2023 and 2024 using a dictionary search method to flag posts for election denialism. I propose a theory that suggests the combination of political, financial, and media attention given to battleground states encourages candidates in …

Investigating The Cumulative Effect Of Nutrition Education And Nutrition Assistance On Measures Of Participant Health, Adity Chowdhury Kankon

Electronic Theses and Dissertations

This study examined the individual and combined associations of participation in the Expanded Food and Nutrition Education Program (EFNEP) and nutrition assistance programs with diet quality and biomarkers of chronic disease risk. Multistate longitudinal data were analyzed using triple difference-in-differences regression models for body mass index (BMI), systolic and diastolic blood pressure, hemoglobin A1c (HbA1c), and Diet Quality Index (DQI). EFNEP participation was associated with a reduction in BMI over time among participants not receiving nutrition assistance, but this association was attenuated among assistance participants. A similar differential pattern was observed for HbA1c. No significant differential changes were found for …

Primary Avian Tracheal Cell Models For The Isolation Of Emerging Avian Metapneumovirus Strains, Tricia Serrao

Electronic Theses and Dissertations

The emergence of avian metapneumovirus (aMPV) subgroups A and B in the United States poultry industry has created an urgent need for standardized, host-specific diagnostic platforms. Historically, reliance on continuous, multi-species cell lines has limited the primary isolation of field strains and introduced potential adaptation artifacts. To address these challenges, this research first established and characterized a reproducible primary cell culture system derived from the tracheal tissues of 1-day-old turkey poults. This system was maintained in an optimized DMEM/F-12 formulation supplemented with 5% FBS, EGF, and ITS, with early-passage cultures achieving 90% confluence within 24 to 48 hours. Morphological and …

Engagement Across The Cultural Divide: Accommodative Communication In The Study Abroad Context, Charles W. Choi Ph.D.

All Faculty Open Access Publications

Study abroad contexts can generate apprehension and reluctance to communicate across cultural difference, constraining opportunities for meaningful intercultural engagement. This qualitative study examines how students described intercultural willingness to communicate and intercultural competence during study abroad. Using Communication Accommodation Theory (CAT) as an interpretive framework, semi-structured interviews were analyzed thematically, yielding four interrelated themes: intercultural apprehension as it relates to a willingness to communicate, intergroup dynamics, accommodation, and intercultural communication competence. Participants described how apprehension and perceived group boundaries shaped whether interaction felt possible or worthwhile, while accommodation (both behavioral and psychological) helped them remain engaged, manage perceived distance, and …

Understanding Motor Competence In Autism And Developmental Coordination Disorder: From Everyday Performance To Underlying Postural Control Mechanisms, Crystal E. Alvarez

Kinesiology Dissertations

Motor competence plays a foundational role in children’s participation, physical activity, adaptive behavior, and overall quality of life. Although motor difficulties are highly prevalent in autism spectrum disorder (autism) and developmental coordination disorder (DCD), these challenges are frequently under-identified and insufficiently characterized, particularly in autistic populations. Existing research demonstrates substantial overlap in motor challenges across autism and DCD; however, relatively little work has integrated caregiver perceptions, standardized motor assessment, and mechanistic postural control measures within the same investigation. Therefore, the purpose of this dissertation was to examine motor competence and postural control in autistic children, children with DCD, and neurotypical …

Ultra-Low Noise Ion Detection For Neutrinoless Double Beta Decay Searches, Karen E. Navarro

Physics Dissertations

Neutrinos are the most abundant particles in the universe that carry mass. Yet, we know very little about them since they are electrically neutral and interact weakly. A small instance after the Big Bang, an imbalance occurred that caused matter to be produced in greater quantities than antimatter. A leading candidate for this unexplained process is leptogenesis. Leptogenesis predicts that neutrinos are Majorana particles: a particle that is its own antiparticle. Today, particle detectors are being constructed to search for this property through the yet unobserved neutrinoless double beta decay (0νββ) . If observed, this would demonstrate that neutrinos are …

Nuclear Deterrence And Nuclear Modernization: A Strategic Analysis Of Global Nuclear Threats And U.S. Policy, Abraham Morland

Graduate Theses/Dissertations

The nuclear imperative comes from the idea that all three legs of the Triad must be retained to ensure a viable deterrent posture, provide flexibility in a response, and give decision makers options to create uncertainty in an adversary’s decision calculus. The nuclear imperative is the need to fund suggested shortfalls in the nuclear enterprise and modernize the U.S. Triad, not just one or two legs, but all three, due to the ever-increasing nuclear risk. To understand the current state in which the United States finds itself and the need for the nuclear modernization program, this thesis will review nuclear …

Drone Dichotomy: Investigating The Application Of Unmanned Aerial Systems For Offensive And Defensive Chemical, Biological, Radiological, And Nuclear-Related Tasks, Evan Jacob Martinovitch

Graduate Theses/Dissertations

This thesis investigates the application of unmanned aerial systems (UAS) for both offensive and defensive chemical, biological, radiological, and nuclear (CBRN) tasks to determine if they serve as a force multiplier on the modern battlefield. As CBRN weapons reemerge as realistic threats alongside the rapid proliferation of UAS, the intersection of these fields presents unique challenges and opportunities. Through a methodology that examines the history of the UAS-CBRN intersection, military doctrine, and the status of UAS technology, this research evaluates the capability of current and emerging UAS against specific CBRN delivery, reconnaissance and surveillance, and decontamination tasks. The analysis conducted …

Northern Luzon In A Taiwan Flashpoint: The Philippines’ Place In U.S. Strategy, Carson Keller

Graduate Theses/Dissertations

While the defense of Taiwan from a potential invasion by the People’s Republic of China (PRC) has long been a topic of debate and scrutiny in U.S. strategic thinking, the role of its southern neighbor, the Philippines, has received far less attention. This thesis argues that northern Luzon would constitute key terrain in a cross-strait conflict and may become an early target of People’s Liberation Army (PLA) operations. Its proximity to Taiwan and position along the Luzon Strait, particularly the Bashi Channel, places it at the center of efforts to control access to the hypothetical battlespace. Drawing on PLA and …

The Use Of Performance Feedback To Decrease Latency Of Clinical Documentation, Taylor Reynolds

Graduate Theses/Dissertations

Organizational behavior management (OBM) applies behavior-analytic principles to workplace settings. This study evaluated the effects of performance feedback on documentation latency among full-time staff in an ABA clinic. Reducing documentation latency is intended to improve the timeliness and accuracy of clinical documentation and to reduce risk related to non-reimbursement and liability. An ABABC design was used to evaluate the effects of performance feedback and the addition of a lottery reinforcement system on documentation latency. For each participant, the sequence consisted of a standard feedback phase (A), an enhanced feedback phase (B), a return to standard feedback phase (A), a reintroduction …

Gene Editing And The Accessibility Of Bioterrorism: Rethinking Global Biosecurity In The Post-Covid-19 Era, Nicholas Morales

Graduate Theses/Dissertations

COVID‑19 demonstrated how a single biological event can strain health systems, disrupt supply chains, undermine national security, and erode public trust. This shock occurred as biotechnology became dramatically more accessible: gene editing and synthetic biology tools once limited to specialized laboratories are now widely available through inexpensive equipment, open‑source data, and decentralized expertise.

This expanded access accelerates innovation but also broadens the threat landscape. The ability to reconstruct pathogens using publicly available sequences and mail‑order DNA shows that complex biological synthesis is no longer confined to state programs. These risks are amplified by opaque biotechnology activities in China, Russia, and …

Perfluorooctane Sulfonate (Pfos)-Induced Disruption Of Mitochondrial Activity And Cell Adhesion In Liver Cells, Phuong Dam Nam Tran

Graduate Theses/Dissertations

Perfluorooctane sulfonate (PFOS) is a persistent environmental pollutant associated with potential hepatoxic effects and other health risks. Despite its widespread distribution, the mechanisms underlying its toxicities remain to be fully understood. To investigate PFOS toxicology, my study utilized HepG2 and THLE-2 human hepatic cell models to replicate conditions reflecting PFOS accumulation in the liver. Cell viability, cell stress, and cell death assays were conducted to assess the toxicological influence of the chemical on both cell lines. Total RNA extraction was performed, followed by cDNA sequencing, and RT-qPCR. The XTT viability assay revealed a dose-dependent decrease in number of viable cells …

When Speech Speaks Louder Than Truth: Language Variation And Credibility In The Courtroom, Melanie E. Spinnie

Graduate Theses/Dissertations

This study aims to investigate how linguistic variation affects perceptions of credibility in courtroom settings. It focuses on how jurors, judges, and other individuals in the legal system may exhibit bias (consciously or unconsciously) based on how a defendant or witness speaks-- this could include speech disorders as well as differences in dialect, accent, and speech style. Through review of relevant literature, review of a relevant historical case, conducting a survey, and conducting a semi-structured interview, this study explores whether certain speech patterns or characteristics are disproportionately associated with negative judgments during legal proceedings, such as reduced credibility and trustworthiness. …

Resisting Empire, Promoting Peace: Churches Confront The ‘Russian World’ Ideology Conference Statement, Katharina Kunter

Occasional Papers on Religion in Eastern Europe

From 1-3 December 2025, about 90 church leaders and representatives of churches, national councils of churches, ecumenical partners, and scholars gathered in Helsinki, Finland, for the conference, organised by the Conference of European Churches (CEC) in collaboration with the Evangelical Lutheran Church of Finland and the Orthodox Church of Finland.

The statement underscores that Russia’s war against Ukraine—fuelled by the ‘Russian World’ ideology—is a military, political, and humanitarian assault that threatens both the lives of millions and the democratic foundations of Europe.

Établissement De L'Équivalence De La Méthode Irsst 381 Pour La Mesure De L'Exposition Professionnelle Aux Fumées D'Asphalte En Conformité Avec La Nouvelle Valeur D'Exposition Admissible, Simon Aubin, Ousmane Bangoura, Corina Tue

États de la question, rapports d’expertise et revues de littérature

Depuis quelques décennies, la valeur d’exposition admissible consiste en une valeur d’exposition moyenne pondérée (VEMP) des fumées d’asphalte est de 5 mg/m³, prélevée en fraction « particules totales », pour laquelle une mesure gravimétrique non spécifique est préconisée. (Règlement sur la santé et la sécurité du travail) Une nouvelle VEMP entre en vigueur en mars 2026 avec la valeur et l’expression suivante : 1,5 mg/m³ [particules et vapeur exprimée en fraction soluble dans le benzène ou son équivalent] prélevé en fraction « particules totales » (Pt). La méthode préconisée pour soutenir cette VEMP est la …

Les Répercussions Des Changements Climatiques Sur La Sst : État Des Lieux Et Pistes D'Action, Sophie De Serres, Alain Marchand

États de la question, rapports d’expertise et revues de littérature

Cet état des lieux expose les répercussions multidimensionnelles des changements climatiques (CC) sur la santé et la sécurité du travail (SST), en se concentrant sur les contextes nord-américain et européen. L'augmentation de la température moyenne mondiale, qui atteint désormais +1,2 °C par rapport à l'ère préindustrielle, transforme les conditions de travail et exacerbe les dangers professionnels existants. Le stress thermique induit par la chaleur excessive provoque des pathologies allant de l'épuisement au coup de chaleur mortel, tout en dégradant la vigilance et en augmentant le risque de blessures traumatiques. Au-delà des atteintes physiques, les CC aggravent les risques psychosociaux, engendrant …

Concentrate_Mycotoxins_2_No_Code.Pdf, Yasha Kahn, Lori Nichols, Panduka Nagahawatte

Concentrates

No abstract provided.

Predicting The Effectiveness Of Transcranial Magnetic Stimulation Using Personality Assessmente, Seth Sizemore

Psychology Doctoral Specialization Projects

Depression, a pervasive and historically stigmatized disorder, has been treated through various paradigms over centuries, from spiritual to medical frameworks. Despite advances, Treatment-Resistant Depression (TRD) remains a significant clinical challenge, affecting a substantial proportion of patients. Transcranial Magnetic Stimulation (TMS) offers a promising approach for those unresponsive to conventional treatments. This study aims to assess the efficacy of TMS in treating TRD and its broader psychological effects using the Minnesota Multiphasic Personality Inventory-3 (MMPI-3). Participants undergoing TMS at Lexington Forensic Psychiatry were invited to partake in the study. The treatment regimen consisted of 36 TMS sessions over nine weeks. Psychological …

Assessment Of Risk Factors In Sexual Offenders, Jennifer Bulin

Psychology Doctoral Specialization Projects

This review provides a comprehensive overview of the importance and historical development of sex offender risk assessment, highlighting its critical role in managing public safety and guiding treatment interventions. This project traces the evolution of these assessments, from early methods focused on static risk factors to contemporary approaches that incorporate dynamic elements. The review discusses the most commonly used risk assessment tools for both adults and juveniles, evaluating their methodologies, strengths, and limitations. Assessments reviewed to be used with adults include the Static-99, Static-2002, Minnesota Sex Offender Screening Tool Revised (MNSOST-R), Rapid Risk Assessment for Sex Offence Recidivism (RRASOR), Sex …

The Underdiagnosis Of Neurodevelopmental Disorders In Women: Recognizing A Spectrum Of Symptoms, Taylor D. Bloomhuff

Psychology Doctoral Specialization Projects

Autism spectrum disorder (ASD) and attention-deficit/hyperactivity disorder (ADHD) have long been viewed as predominantly male diagnoses. Based on foundational studies for these disorders, not only are they more prevalent in male children, but symptom severity is also higher in male children. In attention-deficit/hyperactivity disorder in particular, it has become a common assumption that hyperactive/impulsive and combined types are ‘male’ ADHD presentations, while the inattentive type corresponds to the few female children who meet diagnostic criteria. However, emerging research looking at the decrease in autism spectrum disorder and attention-deficit/hyperactivity disorder prevalence rates between gender in adulthood suggests that these neurodevelopmental disorders …