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Table Of Contents

Marquette Intellectual Property & Innovation Law Review

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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 …

Contractual Democracy From Statehouse To School Board: Shifts In Legislation And School Board Authority In Kentucky, Hannah M. Edelen

University of Kentucky Doctoral Dissertations

School boards have long been regarded as a cornerstone of American democracy, providing local governance over public education. While considerable scholarship highlights the increasing involvement of state and federal governments in education, relatively few studies examine with specificity how legislatures shape the local authority of these governance structures. This study investigates how the Kentucky State Legislature has influenced the authority of local school boards over three legislative sessions (2020–2022) and how board members perceive their evolving role. Using a multi-method approach and conceptualized in principal-agent theory, this research contributes to understanding how legislatures shape the governing responsibilities of school boards …

Masthead

NYLS Law Review

No abstract provided.

Table Of Contents, Volume 70, Issue 1

NYLS Law Review

No abstract provided.

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 …

Using Drawings To Understand Undergraduates’ Perceptions Of Politics—The Us And Ireland, John Hogan, Sharon Feeney, Paul Kosempel

Research Outputs: 2025-Present

Purpose: This article seeks to gain insights from the interpretations of freehand drawings produced by American and Irish students, young voters, in response to the question: “What is American/Irish politics?” Our goal in using freehand drawing is to foster a collaborative and critical learning environment where participants enhance their ability to interpret and engage in self-reflection. Design/methodology/approach: Freehand drawing is a visual representation method that can bypass cognitive verbal processing pathways as part of a critical pedagogy. This approach enables participants to create clear, more critical, and inclusive depictions of their understanding of a topic, regardless of their vocabulary. Over …

When Survival Becomes Politics: Necessity Activism And Identity Work Under Precarity, Lucia Garcia-Lorenzo, Lucia Sell-Trujillo, Paul Donnelly

Research Outputs: 2025-Present

Collective action is essential for tackling social, institutional, and environmental challenges, often fueled by shared identities, common norms, and a belief in the possibility of change. However, the impact of participating in collective action on individual identities, and how this knowledge can shape future efforts to maintain engagement and promote positive change, remains underexplored. This study uses a liminal and identity work approach to examine how precarious Spanish activists, involved in long-term struggles against precarity, develop and negotiate their identities as activists through protest participation. Based on a qualitative study spanning over 9 years, this research focuses on the experiences …

The Past, Present, And Future Of Customer Knowledge Management: A Review And Research Agenda, Victoria Y. Ourzik

Research Outputs: 2025-Present

We develop and present a framework for research in customer knowledge management (CKM) that synthesizes insights from a comprehensive literature review spanning 2000 to 2024. This framework highlights the determinants, impacts, and moderators shaping CKM and its role in contemporary organizations. Using this approach, we organize and categorize existing research across various disciplines, identifying multiple definitions of customer knowledge based on their theoretical underpinnings and research fields. Building on this synthesis, we propose an interdisciplinary definition of the CKM construct that integrates diverse perspectives. Finally, we outline evolving issues within CKM, highlight key research gaps, and set a forward-looking agenda …

I’M A Sucker For You: The Role Of Parasocial Relationships And Celebrity Worship In Predicting Loneliness Among Fans Of The Jonas Brothers, Samantha Lynn D'Anna

Antioch University Dissertations & Theses

The current study sought to better understand the dynamics between parasocial relationships and celebrity worship in predicting loneliness among the Jonas Brothers fan community. A comprehensive review of existing literature positioned this dissertation within the context of current research. A quantitative, survey-based methodology was used to examine associations between variables through correlational analyses, and a qualitative component invited participants to share written narratives about the impact the Jonas Brothers have had on their lives. Quantitative findings showed that although parasocial relationships did not directly relate to loneliness, they were strongly linked to celebrity worship, which then mediated the connection between …

The Crisis Of Appropriations Law, Samuel R. Bagenstos

Articles

Appropriations law is a unique body of federal law.  Appropriations law imposes its own somewhat baroque set of statutory interpretation principles, approves of very broad delegations to the Executive Branch without meaningful limiting principles, and is often exempt from judicial review.  But perhaps that is all about to change.  Donald Trump’s historically aggressive challenge to Congress’s power of the purse has spurred an unusually large volume of exceptionally high-stakes appropriations law litigation. 

The potential implications go beyond the high-profile issues such as enforcement of the Impoundment Control Act.  In general, the unusual features of appropriations law are built on a …

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 …

Examining The Spatial Variability Of Summer Heat In New York City Using Landsat Land Surface Temperature, Ryan Kabir

Dissertations and Theses

Extreme heat is the leading weather-related cause of death in the United States, and in New York City (NYC) approximately 370 heat-related deaths occur annually on average. The spatial distribution of surface heat exposure across NYC is highly uneven, low-income neighborhoods and communities of color consistently face higher temperatures, yet the intraurban spatial structure of land surface temperature (LST) during heatwave events has not been systematically characterized at high resolution. The New York City Panel on Climate Change Fourth Assessment (NPCC4) identifies this as an explicit research gap, noting that its own projections, based on global climate models downscaled to …

Spe 1200 - Interpersonal Communication Syllabus Redesigned For Use With Oer, Gordon Alley-Young

Open Educational Resources

This document is a syllabus for an Interpersonal Communication course that has been redesigned to be used with open educational resources (OERs). The class outlined in the syllabus is for first and second year college students.

Competitive And Priority Effects Of Native Cool-Season Grasses On Invasive Bromus Species In The Northern Great Plains, Tyler Michael Geltmacher

Electronic Theses and Dissertations

Native grasslands and restoration sites in the Northern Great Plains face pressure from invasive cool-season grass species, such as smooth brome (Bromus inermis) and cheatgrass (Bromus tectorum). Native cool-season grass species may compete in the same niche as the invaders and provide resistance to invasion of existing or restored grasslands. Green needlegrass (Nassella viridula) and junegrass (Koeleria macrantha) were evaluated in this study for competitive effect and priority effect against invasive bromes to inform management decisions. Greenhouse studies were conducted to evaluate competitive ability of the two native species as well as how priority influences competition. In my first chapter, …

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 …

The Influence Of Controlled Intake And Anabolic Implant Timing On Growth Performance And Carcass Traits In Feedlot Ruminants, Justin J. Delver

Electronic Theses and Dissertations

The objective of this dissertation was to evaluate how previous plane of nutrition and anabolic implant timing interact to influence growth performance, composition of growth, and the carcass characteristics in ruminants. Three experiments were conducted using cattle and sheep models to determine the metabolic adaptations driving compensatory growth. In experiment 1, yearling beef steers (n = 192) were fed ad libitum for 141 days (ADLIB) or restricted to 92% of ad libitum intake for 56 (RES56) or 86 (RES86) days followed by realimentation. Cumulative dry matter intake (DMI) was reduced in both restricted groups (P = 0.002) with no difference …

Securing Smart Agriculture With Communication-Efficient Federated Unlearning, Ujjwal Pudasaini

Electronic Theses and Dissertations

This thesis addresses the data poisoning attack in smart agricultural systems using federated unlearning, where the contribution of compromised field devices must be removed from the global model under communication constraints. We propose FedSCAN, a three-phase framework that identifies critical layers based on parameter sensitivity, classifies active neurons within these layers through relative weight change analysis, and performs unlearning via sparse low-rank adaptation to active neurons while freezing base model parameters. FedSCAN limits computational overhead to a compact parameter subset, enabling devices to participate in a communication-efficient manner. Experimental results on four datasets demonstrate that FedSCAN achieves up to 426.3× …

Finite Mixture Modeling Towards Applications In Material Science And Biomedical Data, Jason Hasse

Electronic Theses and Dissertations

This dissertation contains three chapters on different applications of mixture regression models, broadly in materials science and public health. We begin with a basic application of finite mixture models and regression mixture models. The materials science analysis was performed entirely using data from finite element simulations of the additive manufacturing process via powder bed fusion. Visualization of the clustering solution as applied to the additive manufacturing designs highlighted the intuitive patterns that could be found. These patterns simultaneously yield the regression coefficients and subgroups of the geometric regions, providing a way to predict stresses and strains in a new geometry …

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 …

Using L1-Magic For Feature Enhancement And Reduced Redundancy In Hyperspectral Data, Ashley Alfred

Mathematics Dissertations

Hyperspectral imaging offers detailed spectral information, but achieving high spatial resolution typically requires large and expensive equipment. This study explores an alternative approach: enhancing low-quality hyperspectral bands using an L1-norm minimization technique known as L1-magic. The goal is to improve the utility of low-cost hardware by preserving discriminative features, promoting sparsity, and reducing spectral redundancy. We apply L1-magic to enhance low-quality bands and hypothesize that this method selectively amplifies key features while suppressing redundant information. Experimental results indicate that the enhanced bands approach the quality of high-resolution data, enabling robust feature extraction without reliance on high-end hyperspectral cameras.