Digital Commons Network^™

Executive Committee - Agenda 1/31/2023, Academic Senate

Academic Senate Agendas

No abstract provided.

Tennessee Technological University For The Year Ended June 30, 2022, Tennessee. Comptroller Of The Treasury.

Financial and Compliance Audit Reports

No abstract provided.

Planning An Escape: Considerations For The Development Of Applied Escape Rooms, Shawn M. Doherty, Andrew Griggs, Elizabeth Lazzara, Joseph Keebler, Tara N. Cohen, Bruce L. Gewertz

Publications

Background. Teams are essential to a wide array of applications and organizations often utilize varying interventions to improve the effectiveness of their teams. Due to their collaborative and modifiable characteristics, escape rooms are being increasingly utilized as an avenue to both deliver team interventions and to function as testbeds in research. Escape rooms are complex, interdependent activities which warrant careful planning to be effectively implemented. Despite the growing literature base concerning escape rooms, there is still limited practical guidance to inform the development of an escape room. Aim. The purpose of this article is to provide seven considerations that are …

An Integrated Multi-Omics Analysis Of Sleep-Disordered Breathing Traits Implicates P2xr4 Purinergic Signaling, Nuzulul Kurniansyah, Danielle A Wallace, Ying Zhang, Bing Yu, Brian Cade, Heming Wang, Heather M Ochs-Balcom, Alexander P Reiner, Alberto R Ramos, Joshua D Smith, Jianwen Cai, Martha Daviglus, Phyllis C Zee, Robert Kaplan, Charles Kooperberg, Stephen S Rich, Jerome I Rotter, Sina A Gharib, Susan Redline, Tamar Sofer

Faculty, Staff and Student Publications

Sleep Disordered Breathing (SDB) is a common disease associated with increased risk for cardiometabolic, cardiovascular, and cognitive diseases. How SDB affects the molecular environment is still poorly understood. We study the association of three SDB measures with gene expression measured using RNA-seq in multiple blood tissues from the Multi-Ethnic Study of Atherosclerosis. We develop genetic instrumental variables for the associated transcripts as polygenic risk scores (tPRS), then generalize and validate the tPRS in the Women's Health Initiative. We measure the associations of the validated tPRS with SDB and serum metabolites in Hispanic Community Health Study/Study of Latinos. Here we find …

Germania Our Mother, Columbia Our Bride: Das Arkansas Echo In The First World War, Harrison Mitchell

Theses and Dissertations

This thesis explores the tone and content that appeared in the German-language Arkansas newspaper, Das Arkansas Echo, during the First World War. The newspaper’s content between the American neutrality period (1914-1917) was compared to the American war period (1917-1918) to see how it changed as political situations changed and anti-German sentiment grew. Additionally, the actions of the Echo’s editorial staff outside of the newspaper were explored within the context of their published content. This thesis found that both periods contrasted sharply with each other. The newspaper expressed support for the Central Powers and the actions of Germany in the American …

Emotional Intelligence And Empathy Of Nursing Students In An Immersive Capstone Clinical Course, Michelle L. Finch

Dissertations

Today's baccalaureate nursing students need to be prepared to care for patients in an ever-changing, high acuity environment. Many programs offer a capstone immersive clinical experience. However, the benefits of this experience have not been fully explored, and the effect on patient care is unknown.

The purpose of the study was to determine if there was a change in levels of Emotional Intelligence (EI) and empathy in senior students who completed a capstone immersive clinical experience in the final semester of a baccalaureate nursing program.

How To Boost Egyptian Pharmaceutical Exports? Challenges And Opportunities, Shereen Mohamed Abdelgawad

Theses and Dissertations

One of the key pillars of the Egyptian economic reform adopted in 2016 was to raise the export rate. Since the pharmaceutical sector is one of Egypt's most established industries, the Egyptian government worked on a national plan to support the exports of medicines. Despite the impact of pharmaceutical exports on economic growth, there was limited research on this topic in Egypt. This study aims to provide a better knowledge of the problems of exporting medications in Egypt by investigating barriers and Covid-19 influence on pharmaceutical export. In-depth semi-structured interviews with representatives from pharmaceutical exporting companies have been conducted. The …

The Impact Of Gender Differences And Geographic Locations On Social Media Literacy Among Public Universities Students, Heba Tallah Moustafa Helmy

Theses and Dissertations

The objective of this study was to investigate the effect of both gender difference and geographic location on social media literacy levels among undergraduate students in public universities in Egypt. Four aspects related to social media literacy were considered in the Likert-scale survey, including basic technical skills, digital interactions, information evaluation, and privacy and security practices. A total of 520 students participated in this exploratory research, of which 265 males and 255 females enrolled at four public universities in different geographic locations. Cairo University and Ain Shams University represent the urban areas. The other two universities are located in center-periphery …

Legality Of Autonomous Weapons: Where To Draw The Line?, Nayra Abdeltawab Ibrahim Abdeltawab

Theses and Dissertations

Inspired by Koskenniemi’s work, From Apology to Utopia, this paper attempts to engage in the discussion on the legality of autonomous weapons by showing the conflicting arguments presented by advocates of each side of the debate. The paper does not aim at finding the answer to whether autonomous weapons can be lawfully deployed or not, but rather its main interest is to highlight the indeterminacy within international law that allows both advocates and opponents of banning autonomous weapons to hold to their arguments and legally defend them on basis of the same legal rules used by their adversaries to refute …

A Captive’S Subjectivity, Rebeca J. Blemur

Theses and Dissertations

The project discusses the effects of Haiti’s colonization as the space transitions from Hispaniola to Saint-Domingue and later to the free state of Haiti. This is done by studying the concept of the right to conquest and the absurdities that exist around the first appearances of international law. The project focuses on the pre-revolutionary period starting around the 1750s, the revolutionary period that began in the 1790s, the French oligarchical class’s attempt for social equality, and the war for ultimate colonial conquest between the French, Spanish, and British. The project will display how legally objectifying a human being manifests subjects …

2023 Byu Law Review Masthead

BYU Law Review

No abstract provided.

Byu Law Review Subscription Information

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

Interested Voting, Matteo Gatti

BYU Law Review

Corporate law is attentive to transactions with a controlling shareholder, but such transactions hardly cover all instances in which an interested shareholder may harm the corporation by casting a pivotal vote to pass a resolution. Interested votes cast by directors, managers, acquirers, cross-holders, arbitrageurs, institutional investors, hedge funds, and several other actors can be as detrimental as votes by a controlling shareholder. Yet, despite the ever growing influence of shareholders in corporate governance, interested voting has received scant attention.

This Article is the first to offer a systematic mapping of interested voting based on type of shareholder and type of …

A Basic Needs Baseline For Distributional Analysis, Ari Glogower

BYU Law Review

Studies of income inequality and the distributive effects of taxes and government spending drive debates over progressive fiscal reform and economic justice. These distributional studies provide vital information on inequality in market outcomes and how government policies mitigate these disparities.

Despite its critical importance, however, distributional analysis encounters inevitable and familiar limitations. These studies face practical challenges in measuring income and the distributional impacts of government policies. Distributional analysis also faces inherent complications in seeking to distinguish between the effects of the market and the government.

Even if distributional analysis could precisely measure income and the effects of government policies, …

Searches Without Suspicion: Avoiding A Four Million Person Underclass, Tonja Jacobi, Addie Maguire

BYU Law Review

In Samson v. California, the Supreme Court upheld warrantless, suspicionless searches for parolees. That determination was controversial both because suspicionless searches are, by definition, anathema to the Fourth Amendment, and because they arguably undermine parolees’ rehabilitation. Less attention has been given to the fact that the implications of the case were not limited to parolees. The opinion in Samson included half a sentence of dicta that seemingly swept probationers into its analysis, implicating the rights of millions of additional people in the United States. Not only is analogizing parolees and probationers not logically sound because the two groups differ in …

The Federalist And The Fourteenth Amendment — Publius In Antebellum Public Debate 1788–1860, Kurt T. Lash

BYU Law Review

No abstract provided.

The Unconstitutional Assertion Of Inherent Powers In Multidistrict Litigations, Robert J. Pushaw, Charles Silver

BYU Law Review

This Article examines the constitutional basis of the federal courts’ independent exercise of “inherent powers” (IPs) that Congress has not specifically authorized. Our analysis illuminates the grave constitutional problems raised by the freewheeling assertion of IPs in multidistrict litigations (MDLs), which comprise over half of all pending federal cases.

The Supreme Court has rhetorically acknowledged that the Constitution allows resort to IPs only when doing so is absolutely necessary to enable Article III courts to exercise their “judicial power,” but has then sustained virtually all exercises of IP, whether essential or not. The Court’s excessive deference has emboldened trial judges …

Publius’S Protectors Of Liberty: A Still Important Role For States, Adam Reed Moore

BYU Law Review

No abstract provided.

2023 Byu Law Review Masthead

BYU Law Review

No abstract provided.

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.

Byu Law Review Subscription Information

BYU Law Review

No abstract provided.

Remand Without Vacatur And The Ab Initio Invalidity Of Unlawful Regulations In Administrative Law, John Harrison

BYU Law Review

An important administrative law doctrine developed by the lower federal courts called remand without vacatur rests on a mistaken premise. Courts that embrace the doctrine maintain that when they find that a federal agency regulation is unlawful, they have discretion to remand the regulation without vacating it. The remand gives the regulatory agency an opportunity to correct the flaws that render the regulation unlawful. When a regulation is remanded but not vacated, the courts assume the regulation binds regulated parties despite its illegality. Unlawful regulations, however, are in general void ab initio, just as unconstitutional statutory rules are void ab …

The Constitutional Model Of Mootness, Tyler B. Lindley

BYU Law Review

Article III limits the federal courts to deciding cases and controversies, and this limitation has given rise to the black-letter law of standing, ripeness, and mootness. But the law of mootness presents a puzzle: Over time, the Court has recognized various "exceptions" to ordinary mootness rules, allowing federal courts to hear arguably moot cases. On one hand, the Court consistently asserts that mootness doctrine, including its exceptions, is compelled by the original understanding of Article III. On the other hand, the scholarly consensus is that these exceptions are logically inconsistent with the Court s claims about Article III and that …

Good Representatives, Bad Objectors, And Restitution In Class Settlements, Jay Tidmarsh, Tladi Marumo

BYU Law Review

This Article uses two recent decisions — one prohibiting incentive awards to class representatives and one permitting disgorgement of side payments to class objectors — to explore deeper connections between class action settlements and the law of restitution. The failure to correctly apply the law of restitution led both courts astray. First, courts can approve incentive awards, as long as an award properly reflects the benefit that the representative's efforts bestowed on the class. Second, restitution provides a basis to disgorge improper side payments to objectors, but only under conditions different from those that the court described. More broadly, attention …

Osha’S Covid-19 Vaccine Mandate: Why Justice Gorsuch’S Analysis Of The Mandate As An Elephant In A Mousehole Misses The Mark, Wyatt Rex Allred

BYU Law Review

Administrative law doctrines such as Chevron seek to strike a balance between adequate delegated power and sufficient checks on such power. The major questions doctrine reinforces the latter. Recent decisions finding major questions, however, have shown a departure from textualist principles, which formed the doctrine s foundation. Justice Gorsuch's opinion in NFIB v. OSHA is an example of this desertion of textualist principles and should thus be viewed as an improper application of the major questions doctrine. Rather than remodeling the major questions doctrine, textualist judges should acknowledge that this form of anti-textual analysis is nothing short of a revival …

Resolving Unfairness In A Fair Way: How The Grantor Trust Rules Should Be Reformed, Aaron T. Anderson

BYU Law Review

Affluent taxpayers often create one or more grantor trusts to achieve significant tax savings. By leveraging mismatches in the rules between the income and estate tax systems, these taxpayers avoid the compressed income tax brackets of trusts while minimizing the property that is included in their estates for estate tax purposes. Some commentators have argued that reform is needed to remove such mismatches. Yet, trusts that rely on the current grantor trust rules abound.

This Note (1) provides a background and history of the rules and use of grantor trusts, (2) argues that harmonizing the estate and income tax systems …

Visual Literacy Of Molecular Biology Revealed Through A Card-Sorting Task, Dina L. Newman, Hannah Spector, Anna Neuenschwander, Anna J. Miller, Lauren Trumpore, Leslie Kate Wright

Articles

Visual literacy, which is the ability to effectively identify, interpret, evaluate, use, and create images and visual media, is an important aspect of science literacy. As molecular processes are not directly observable, researchers and educators rely on visual representations (e.g., drawings) to communicate ideas in biology. How learners interpret and organize those numerous diagrams is related to their underlying knowledge about biology and their skills in visual literacy. Furthermore, it is not always obvious how and why learners interpret diagrams in the way they do (especially if their interpretations are unexpected), as it is not possible to “see” inside the …

Influence Of Aerobic Exercise On Appetite-Regulating Hormones, Ghrelin-O-Acyltransferase And Perceived Hunger In Normal Weight And Obese Adults, Michael Bruneau, Richard Wood, Susan Sotir, Samuel Headley, Elizabeth O'Neil, Juan Muñiz, May Cheung, Marissa Pontarelli

Department of Medical Oncology Faculty Papers

Background: Obesity is a major public health issue in the United States (U.S.), affecting an estimated 78 million US adults. Aerobic exercise (AE) is recommended by the American College of Sports Medicine to prevent and treat obesity, yet the effects of AE on circulating hunger hormones including acylated ghrelin and its biological catalyst, ghrelin o-acyltransferase (GOAT) are less known. Objectives: We investigated the effects of AE on circulating concentrations of appetite regulating hormones and GOAT in a pilot sample of adults classified with normal weight (NW) and obese (OB) body weight status. Methods: Using a quasi-experimental design, nine adults with …

The Myth Of Shared Governance In Higher Education, Aaron W. Hughey

Faculty/Staff Personal Papers

“Mr. President, we are not employees of the university. We are the university.” Some of you are no doubt familiar with this quote. It was the response Isidore Rabi, a distinguished member of the faculty at Columbia University, had for President Dwight Eisenhower, who referred to the faculty as “employees of the university” in 1950.