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Entropy And Incarnation In The Duchamp Room: An Inquiry Into Aesthetic Time, Jesse Goodman

Electronic Theses and Dissertations

This thesis investigates the posthumous installation of Marcel Duchamp, Étant donnés, as a test case for how particularly historically situated artworks may or may not change over time. It begins with an overview of Duchamp’s biography, and his own theories of art’s relationship to temporality (which influenced the piece’s construction). It then moves through contrasting accounts of aesthetic time from Adorno and Robert Smithson. Section two works with Walter Benjamin’s writing on photography and aura to produce an account of estrangement between the piece and the viewing subject induced by the historical development of the artwork’s “translation” and “replication”—through …

Kenneth Burke's Epideictic Rhetoric Of Science, Andri Kosasih

Electronic Theses and Dissertations

This dissertation addresses Kenneth Burke’s challenges, notions, and perspectives on modern science and how we should view, utilize, and apply science to our lives. This project argues that we need more than the rhetoric of science; we need an epideictic rhetoric of science. The term epideictic is important because the encounter between science and society creates a tension between maintaining and changing beliefs. Because science involves belief and is itself a belief, every time we engage with science, it demands a verdict from us: to believe or to reject it. On the other hand, as we seek to maintain our …

217 E. 93 Llc V. Edwards

All Decisions

In a post-stipulation holdover for lease expiration, the tenant moved to stay execution of a warrant of eviction beyond the stipulated vacate date. The landlord opposed, arguing that RPAPL §753 imposed a one-year time bar on such relief. The court analyzed the statutory tension between RPAPL §§749(3), 753, and CPLR §2201, concluding that §749(3) governs post-issuance stays and lacks a temporal limit. It exercised discretion to extend the eviction stay until June 17, 2025, citing the tenant's health, minor children with educational needs, and lack of prejudice to the landlord. The decision clarifies that courts retain discretion under RPAPL §749(3) …

Murphy’S Canon: Leadership In The Age Of Uncertainty, Ray Forbes

All Faculty and Staff Scholarship

How might the nefarious “Murphy’s Law,” allegedly created by a disgruntled American aerospace engineer in the 1950s, apply in today’s chaotic world? Just how applicable is the law now in a new era that has been characterized by the descriptive label of FUD, or Fear, Uncertainty, and Doubt? This paper will explore the infamous Murphy adage, as well as describe who Murphy was and how he came to formulate his cheeky directive. Additionally, this piece will expand on Murphy’s original provocative rule, feature several versions of it, provide alternative formulations, and discuss how the law might be reinterpreted to more …

Developing Novel Radical Protein Footprinting Methods For Application In Living Systems, Lyle Tobin

Honors Theses

Radical protein footprinting (RPF) is a family of structural biology techniques that generate radicals in situ to label solvent-accessible amino acid residues. Coupled with liquid chromatography/mass spectrometry, RPF enables the characterization of protein higher order structure and sites of protein-protein and protein-ligand interactions. While traditionally performed in vitro, recent advancements have extended RPF to ex vivo and in vivo applications, including intact cells, nematodes, and 3D cell cultures. RPF in living systems allows the structural analysis of proteins and protein complexes in their native environment, preserving physiological interactions, dynamic conformational changes, and structural contexts that might otherwise be lost …

A Qualitative Evaluation Of Diabetes Solutions Telehealth Coaching Services, Caroline Brock

Honors Theses

Diabetes remains a growing public health concern, particularly in underserved regions such as rural Mississippi, where barriers to healthcare access and diabetes education contribute to poor disease management. This qualitative study explores the lived experiences of 27 participants enrolled in Diabetes Solutions, a telehealth-based diabetes self-management education and support (DSMES/T) program offered by the Mississippi Diabetes Network. Using a phenomenological approach and structured interviews, the study identifies four major themes: structural benefits of the program, knowledge gained, common changes by participants, and quality of life outcomes. Participants consistently emphasized the value of personalized coaching, emotional encouragement, and practical education on …

Differing Judicial Perspectives: A Look Into The Evolution And Constitutionality Of The United States' Administrative State, Buchanan Albert Cook

Honors Theses

Over time the United States’ administrative state has evolved into something that is quite unrecognizable from its inception in the early years of the nation. This essay will provide an account of the founding of the United States Constitution while recognizing the intent and design of the framers of the Constitution. In juxtapositioning this account with the current state of administrative agencies, questions over the constitutionality of such agencies will be posed. To answer these questions, an overview of the history of administrative agencies in the United States will be given alongside accompanying and significant Supreme Court Cases. This overview …

Jarkesy’S Stakes For The Sec, James Fallows Tierney

Duke Law Journal

This Article examines the implications of the Supreme Court’s decision in SEC v. Jarkesy for the Securities and Exchange Commission (“SEC” or “Commission”). In Jarkesy, the Court held that Congress cannot assign the adjudication of securities antifraud violations seeking civil penalties to an administrative agency without a jury trial, for such punitive actions involve “private rights.” Although this ruling might suggest a reduction in SEC enforcement actions due to the higher costs of federal jury trials, the SEC had already adjusted its practices following Lucia v. SEC in 2018. The Commission shifted away from using administrative law judges for civil …

Communicative Harmonics: A Synchronization Of Minds, Manners, And Emotions As A Phenomenological Approach To Resonant Leadership, Victor J. Grigsby

Electronic Theses and Dissertations

At the heart of human relationality and resonant leadership is an interpersonal vibration that creates group coherence. The fusion of minds, manners, and emotions is a synchronization of individual vibrations and frequencies that unite the human spirit. Communicative harmonics presupposes the necessity for dialogue as the interconnection of contrasting perspectives. The auditory framework of speaking and listening parallels that of leading and following and is used to explore dialogic leadership as a major element in leadership communication. This dissertation is modeled after the work of Kenneth Burke’s dramatistic pentad and incorporates a musical pentad of tone, rest, frequency, rhythm, and …

Analyzing Decolonial Subjectivities In Reggaeton And Latin-Trap Music In Puerto Rico: A Critical Discourse Analyisis, Andres I. Rivera Amador

Electronic Theses and Dissertations

This project studies decolonial possibilities for subjectivities in the urban music genres of reggaeton and Latin-trap in Puerto Rico. Using Ian Parker’s critical discourse analysis to analyze the lyrics and videos of three key songs, it systematically examines subjects constructed in songs, objects, discourses, and their relationships to each other. In addition to studying reggaeton and Latin-trap lyrics, the project highlights the emergence of social themes that guide the critical discursive analysis. Psychological literature and decolonial theory supplement the analysis, bringing in important theoretical insights regarding the songs’ salient social themes, such as black pride and resistance, gender fluidity and …

Exploring The International Terminology Associated With Nurses Caring For Neonates, Infants, Children, Young People And Their Families., Matt Carey, Jane Coad, Imelda Coyne, Suja Somanadhan, Sarah Neill

School of Nursing and Midwifery

The terminology used for Registered Nurses specializing in caring for neonates, infants, children, young people (CYP), and their families varies globally. While many countries’ nursing students qualify as “Registered Nurses” upon completion of undergraduate education, specialist titles like “Children’s Nurses” in the United Kingdom or “Pediatric Nurses” in Italy denote expertise in CYP care. In countries like the United States and Canada, neonatal and pediatric nursing specialization typically requires postgraduate study. However, there is limited evidence on the range of international terms for nurses in this field. This expert opinion paper presents the results from a scoping survey designed to …

The Form Knows Best, Tara Chowdhury, Faith Chudkowski, Mitu Gulati

University of Miami Law Review

Law students learn that contracts are carefully negotiated, precisely drafted, and shaped by doctrine. But lawyers tell a different story. This article compares six pillars of contract law with what we heard in over 170 interviews with senior transactional lawyers across M&A, sovereign bonds, and leveraged loans. The result is a gap between the Official Story taught in classrooms and the Unofficial Story told by practitioners—where boilerplate dominates, case law is rarely consulted, and market custom often prevails over efficient design. We suggest that many contract provisions are better understood as historical artifacts: products of inherited forms and production pressure. …

Foreword, Hon. Nancy G. Abudu

University of Miami Law Review

No abstract provided.

Erie Mistakes: The Eleventh Circuit Misconstrues Already Problematic Georgia Precedent On Choice Of Law, Jeffrey A. Van Detta

University of Miami Law Review

This Article explores the Eleventh Circuit’s precedent that has struggled with an unusual Georgia choice-of-law rule. The rule in question applies when the conflicting law of a sister state is a common law rule or doctrine (such as in tort or contract law) rather than a specific statute and has been a feature of Georgia law since the 19th century. The approach has lingered in scattered Georgia and related federal cases over many decades but was not given much attention in modern times until the Georgia Supreme Court decided to reaffirm and amplify it unanimously and defiantly in Coon v. …

Imposing Restrictions On The First Step Act’S Retroactive Application To Vacated Sentences, Isabelle M. Carbajales, Lauren O’Neil Hamilton

University of Miami Law Review

The First Step Act has been called “the most significant criminal justice reform bill in a generation.” Until recently, the Eleventh Circuit had not weighed in on whether Section 403 of the First Step Act’s sentencing reforms applies to defendants whose initial sentences were vacated and who face resentencing after the Act’s enactment. On July 2, 2024, the Supreme Court agreed to squarely consider this issue, despite the Department of Justice siding with defendants yet calling the issue “shallow.” On July 8, 2024, the Eleventh Circuit held these defendants are not entitled to the benefits of the First Step Act …

What’S In A Name? How The Eleventh Circuit Ignored The Fourth Amendment To Hold That A Warrant For One Person Authorizes The Detention Of Others, Jared Mcclain, Dylan Moore

University of Miami Law Review

Odds are, your name isn’t all that unique. Most people share the same first and last name with hundreds, if not thousands, of other Americans. The frequency with which people share a name raises an important question of civil rights: What happens when officers arrest and detain an innocent person based on an arrest warrant that was issued for someone else with the same name?

In the Eleventh Circuit, the answer is almost always “nothing.” So long as a mistaken detention lasts three days or fewer, officers are free from accountability for apprehending the innocent—even if those officers have good …

The Legal Acrobatics Of Dealing With International Arbitral Awards Rendered In The United States, Damon R. Duchenne

University of Miami Law Review

International arbitration has become a preferred method for resolving cross-border commercial disputes, largely due to its efficiency and flexibility compared to traditional court litigation. However, the post-award phase, particularly the process of vacating or enforcing arbitral awards, presents significant complexities, especially in the United States. Despite the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “Convention”) guiding the international recognition and enforcement of arbitral awards, the U.S. has introduced an anomaly by categorizing certain awards rendered within its jurisdiction as “nondomestic,” subjecting them to the Convention’s framework. This has led to confusion regarding whether such awards are …

Normative Contestation In The International Order: Is China Remaking Global Governance?, Kal Raustiala

International Law Studies

This essay explores China’s approach to global order. China’s remarkable rise has coincided with increasing engagement with the institutions of global governance. These institutions—in particular the United Nations—make up the core of what U.S. leaders have often referred to as the liberal world order or the rules-based order. Many U.S. officials see China as a deep threat intent on challenging, and perhaps even seeking to replace, this rules-based order. This essay, however, makes the case that China’s near-term goals for global governance appear more modest. Much of China’s behavior within institutions such as the UN suggests that what it seeks …

Preparatory Processes Before Labquakes Conducted On Cylindrical Westerly Granite In Triaxial Experiments, Kiran Pandey

Electronic Theses and Dissertations Archive

The ability to forecast future earthquakes before they occur to minimize seismic hazards is known as earthquake prediction or forecasting. The main aim of earthquake prediction is to find the expected time of occurrence, the location of the expected rupture, and how big the earthquake will be (i.e., magnitude). Earthquake prediction and the study of the indications prior to major earthquakes (precursory signals) have been key objectives since the beginning of earthquake research. In addition, a better understanding of earthquake nucleation and how faults progress toward failure is very important for seismic hazard assessments. The occurrence of earthquakes is known …

Meritocracy Unmasked: Oppression And Its Links To Abuses Of African Americans From 1865 To 1930, Madison Zada Cothern

Electronic Theses and Dissertations Archive

Meritocracy has often been a foundational aspect of Western society and legal development. However, this foundation is a façade to uplift those in power while leaving others oppressed. This project critically examines the myth of meritocracy in the context of the Reconstruction and Great Migration eras, with dates spanning from 1865 to 1930. Using an interdisciplinary approach, this study is an intellectual history of the use of meritocracy in correlation to the maintenance of social hierarchies. Through exploring the role of Enlightenment era philosophers, racial violence, and legal developments, this project explores the failures of policies such as the Fourteenth …

Detection, Analysis, And Modeling Of Time-Scale Separated Modulatory Brain Dynamics: Methods And Applications In Neurocritical Care, Maren Elizabeth Loe

McKelvey School of Engineering Graduate Student Theses & Dissertations

Clinical monitoring of patients with neurological disease generates large volumes of data, including electrophysiology (e.g. EEG), heart rate, blood pressure, and other physiological measures. The use of these data to generate actionable prognostic measures is a long-held goal in clinical neurophysiology. In this regard, the use of engineering theory, including signal processing methods and computational modeling paradigms, is providing new ways of interpreting neurological data and yielding new insights into brain mechanisms and disease pathophysiology. This research focuses on the analysis and modeling of aberrant brain dynamical phenomena that occur over hours-long temporal epochs. Particularly, we consider time-scale separated electrophysiological …

Understanding And Mitigating Timing Issues In Autonomous Systems, Ao Li

McKelvey School of Engineering Graduate Student Theses & Dissertations

Autonomous systems, such as self-driving cars and drones, have become a part of our daily lives. Since these systems operate in and interact with the physical world, their correctness depends on both functional and temporal aspects. However, the increasing complexity of modern computing hardware and software often leads to unpredictable timing behavior in these systems, making temporal properties particularly challenging to ensure. This dissertation proposes novel approaches to specify and enforce temporal properties based on a comprehensive empirical study of real-world issues. The first half of this dissertation presents an empirical study that dissects the timing issues. The dissection begins …

Mirroring Society’S Struggles Storytelling At The European Court Of Justice, Fernanda G. Nicola

Popular Media

The Court of Justice of the EU (CJEU) stands as a central institution in the European legal and political landscape. Its judgments not only shape the trajectory of European integration but also reveal deeper EU Law Stories – ideological clashes, conflicting narratives and distributive consequences with the subtle emergence of winners and losers in each case. Yet, these dimensions often remain hidden behind the opaque language of the increasingly lengthy rulings and traditional doctrinal analysis.

Tanner Msw Portfolio, Shannon Tanner

Graduate Student Portfolios, Professional Papers, and Capstone Projects

This is the narrative section of the MSW Portfolio for Shannon Tanner.

Msw Portfolio: My Journey Of Understanding Social Work Through Mind, Body, Emotion, & Spirit, Olivia Kern

Graduate Student Portfolios, Professional Papers, and Capstone Projects

No abstract provided.

Scientific And Technical Expertise After Loper Bright, Sapna Kumar

Duke Law Journal

Courts once trusted federal agencies for their expertise in administering complex statutory schemes, particularly regarding science and technology. Unlike judges, agency officials can narrowly focus on a specific area of law and have access to experts to inform their decision making. In Chevron U.S.A., Inc. v. Natural Resources Defense Council, the Supreme Court created a presumption that, absent language to the contrary, Congress intends for agencies to interpret statutory ambiguities. Chevron allowed agencies to utilize their varied forms of expertise while ensuring oversight from generalist judges. This court–agency partnership abruptly ended, however, in Loper Bright Enterprises v. Raimondo. The Court …

Our Marbury: Loper Bright And The Administrative State, Cass R. Sunstein

Duke Law Journal

Loper Bright, overruling Chevron, is unmistakably part of administrative law’s current “Grand Narrative,” which sees contemporary administrative agencies with suspicion, as a product of successive breaches of Article I, II, and III of the Constitution. The decision should be seen as our Marbury v. Madison—an effort to insist that it is emphatically the province and duty of the judicial department to say what the law is. But will the decision produce large changes? The answer depends, of course, on the meaning of both Chevron and Loper Bright. Under Chevron, courts hardly gave a blank check to agencies; on the contrary, …

For The Marginalized: A Purposeful Path To Social Work, Sarah Christina Stenseth Mathias

Graduate Student Portfolios, Professional Papers, and Capstone Projects

In For the Marginalized: A Purposeful Path to Social Work, I reflect on the journey that led me from education into social work, grounded in a commitment to advocacy, ethical practice, and systemic change. Using my experiences in a therapeutic day-treatment school setting, I integrated trauma-informed, culturally responsive approaches with evidence-based practice to support marginalized students navigating mental health challenges, systemic barriers, and educational inequities. My portfolio highlights growth across the Five Elements of Advanced Integrated Practice, focusing on self-reflection, social justice advocacy, interdisciplinary collaboration, research-informed practice, and leadership. Throughout this journey, I remained anchored in the belief that …

Final Portfolio, Terence G. Shelly

Graduate Student Portfolios, Professional Papers, and Capstone Projects

This narrative provides a comprehensive reflection on my academic and professional development throughout the Master of Social Work (MSW) program at the University of Montana. Framed by the Advanced Integrated Practice (AIP) model and the Just Practice Framework, the paper explores the integration of theory, personal values, and experiential learning across the ten core social work competencies. Drawing from practicum experiences with the Crisis Intervention Team (CIT), the Montana Safe Schools Center (MSSC), and private practice at Meadowlark, I demonstrate growth in critical self-reflection, clinical skill development, advocacy, and systems-based theory. Special emphasis is placed on the application of trauma-informed …

Master’S In Social Work: Professional Portfolio, Josephine Star Lange

Graduate Student Portfolios, Professional Papers, and Capstone Projects

No abstract provided.