Digital Commons Network^™

When Everything Is Small: The Regulatory Challenge Of Scale In The Sharing Economy, Kellen Zale

San Diego Law Review

The sharing economy—the rapidly evolving sector of peer-to-peer home- sharing and ride-hailing transactions facilitated by platforms like Airbnb and Uber—offers the potential for economic growth, greater sustainability, and expanded access for underserved groups. But the massive number of small-scale activities that these platforms facilitate also causes negative cumulative impacts and exposes regulatory fractures, from the loss of long-term rental housing to discrimination against protected classes to increased burdens on public infrastructure. This Article contends that scale is a defining feature and fundamental challenge of the sharing economy. Small may be beautiful, but when everything is small, the regulatory challenge is …

Saving The Farm Or Giving Away The Farm: A Critical Analysis Of The Capital Gains Tax Preferences, Phyllis C. Taite

San Diego Law Review

This Article addresses some of the inequities and offers a multi-faceted proposal to raise revenue and incentivize preferences for a more balanced approached to tax policy. First, I advance a proposal that offers solutions to shift certain aspects of the capital gains tax preferences toward the middle and lower class. To balance the costs, I then propose an option to phase out or eliminate other preferences that primarily benefit the wealthiest taxpayers. This balanced approach will allow the government to raise revenue and change the capital gains tax preferences from a rewards to an incentive-based system. Part II of this …

Building A Bench: A Close Look At State Appellate Courts Constructed By The Respective Methods Of Judicial Selection, Diane M. Johnsen

San Diego Law Review

This Article analyzes detailed career-path and other demographic data to determine the extent to which the various judicial selection methods advance diverse candidates to the bench. The results show many similaritiesamong the mix of objective characteristics found on appellate benches across the states, regardless of selection method, but there are some important differences ... Part I discusses the history of judicial selection in the states and reviews the prior empirical and theoretical literature concerning judicial selection methods and the differences among judges produced by those selection methods, mainly with respect to gender, race, and localism. Part II identifies the data …

Vista: November 17, 2016, University Of San Diego

USD Vista

No abstract provided.

Vista: September 22, 2016, University Of San Diego

USD Vista

No abstract provided.

Usd Magazine Fall 2016, University Of San Diego

USD Magazine

From the President; Contents; Torero News; Torero Athletics; Extraordinary Moments; Hints of Hope in the Middle East; The Road to Sainthood; Alumni Update; Class Notes; Global Changemakers

The "Rib" Of The South? An Analysis Of Feminine Agency Among Southern Elite Women Of The Antebellum Period (1815-1860), Louann Marie Sabatini

Theses

No abstract provided.

Virgil In Virginia: Eighteenth-Century Pastoralism And The Novus Ordo Seclorum, Alley Jordan

Theses

This work examines classical reception in early America. Specifically, it addresses the role of classical ideas on pastoralism in the thought of one of America’s founders, Thomas Jefferson. Jefferson is best known for his role in the forming of United States government, but he was also influential on developing the idea of “America.” As such, his political theory on agrarian republicanism has strong ties to how the classical poets, such as Virgil and Theocritus, likewise thought about the relationship between land and government.

Attitudes About Work And Time In Los Angeles, 1769-1880, Tyler D. Lachman Mr.

Theses

This thesis argues that the industrious Californio people continued to prosper in Los Angeles after statehood in 1850. Certain historians have emphasized the hardworking Californio culture at various points in Los Angeles history. But no one has defended their overall work ethic. Thus, this thesis goes farther than other historians in discrediting the notion that Californio Angelinos died out quickly because they could not sustain success under American leadership.

Family Asset Building Coalition's Case For Support, Nada Bakir, Kailyn Wells

Fundraising and Marketing

The Family Asset Building Coalition (FABC) is a partnership of nonprofit and community organizations united by the common goal of assisting low-income families achieve economic mobility.

This is their case for support.

Tijuana: The Third Space, Maribel Tovar

Undergraduate Honors Theses

The war between the United States and Mexico took place in 1846. It was in 1848 that the Treaty of Guadalupe Hidalgo was formed and México lost more than half of their territories. Nearly one hundred thousand Mexicans who lived in these lands at this time became displaced. Around ninety-eight percent of the Mexicans chose to remain where they lived. Faced with territorial changes, Mexicans were then forced to devise defensive strategies of adaptation and survival in an intermediate, “third” space located in between the dominant national and cultural systems of both the United States and Mexico.

This bicultural region …

Health Care Transition Program For Adolescents With Spina Bifida, Teresa M. Scavone

Doctor of Nursing Practice Final Manuscripts

The purpose of this evidence-based project was to evaluate the feasibility of implementing an NP facilitated formal transition program for adolescents with Spina Bifida. There is an increased awareness of the need for health care transition for youth with special health care needs (YSHCN) due to the 2009-2010 Maternal Child Health Branch National Survey findings that only 40% of YSHCN receive adequate support for transition that meets the core outcome measures. Recent studies have investigated transition in youth with chronic disease specific conditions such as diabetes, cystic fibrosis, and congenital heart defects, and provide valuable insight into possible strategies for …

Shared Medical Appointments For Pediatric Asthma, Casey Mcginnis, Kathleen Sweeney Cpnp

Doctor of Nursing Practice Final Manuscripts

No abstract provided.

Obstructive Sleep Apnea: Emphasis On Discharge Education After Surgery, Arbert Almoite Nazareno, Cresilda Newsom, Esther Lee, Joseph Burkard

Doctor of Nursing Practice Final Manuscripts

Purpose: The purpose of this evidence-based practice project is to evaluate the effectiveness of discharge education (DCE) on obstructive sleep apnea (OSA) for increasing continuous positive airway pressure (CPAP) compliance after surgery among adult surgical patients diagnosed with OSA, who use CPAP.

Background & Evidence for Problem: In the United States, the prevalence of OSA in the adult population is approximately 20%. Over half of the surgical patients with OSA are predisposed to increased incidence of perioperative complications. Based on recent evidence, obstructive events are at the highest on the third day after surgery, which predisposes them for postoperative complications. …

Vista: May 4, 2016, University Of San Diego

USD Vista

No abstract provided.

Vista: April 21, 2016, University Of San Diego

USD Vista

No abstract provided.

Vista: April 13, 2016, University Of San Diego

USD Vista

No abstract provided.

2016 Food, Friends, And Health: An Evaluation Of North County Senior Connections Thyme Together Food Truck Lunch Program, Michelle Ahearne, Azadeh Davari, Tessa Tinkler, Mary Jo Schumann

Seniors

The North County Senior Connections Thyme Together Food Truck Lunch Program (subsequently referred to as NCSC) is a collaborative project initiated in November 2014 that provides affordable, nutritious lunches, recreational programming, and community information to seniors in the northern region of San Diego County (North County).

In May 2015, six months after NCSC launched, the Rancho Santa Fe Foundation commissioned the University of San Diego’s Caster Family Center for Nonprofit and Philanthropic Research (Caster Center) to: 1) evaluate NCSC’s progress towards meeting its objectives, and 2) provide feedback and recommendations for programmatic changes as necessary. This report presents the findings …

Cadenas De Auyuda Volunteer Toolbox & Resource Guide, Krista Fiser, Rebecca Nussbaum

Human Resource and Volunteer Management

This resource guide has been created specifically for Cadenas de Ayuda and includes an overview as well as information regarding best practices related to developing and maintaining an effective volunteer program.

Connecting The Dots: How Iot Is Going To Revolutionize The Digital Marketing Landscape For Millennials, Chloe E. Spilotro

Undergraduate Honors Theses

The growing phenomenon of the Internet of Things (IoT), which is that any item capable of being connected to the Internet will be, presents an unprecedented opportunity for businesses. Using an extensive literature review, the current research examines the significant shift in marketing strategies that need to take place to target the millennial generation of as they adopt IoT. Most research defines the Millennial generation as those born from the early 1980s to the early 2000s. As individuals in this generation grow older, there are two behavioral implications: 1) their acceptance of technology suggests they will be quick to adopt …

Vista: March 16, 2016, University Of San Diego

USD Vista

No abstract provided.

The Good, The Bad, The Ugly: Human Rights Violators In Comparative Perspective, Austin Choi-Fitzpatrick

School of Peace Studies: Faculty Scholarship

A large and growing wave of scholarship has focused attention on a variety of contemporary forms of slavery. Early attention went to victims of sexual exploitation, though this is starting to slowly change with a growing body of work on labor exploitation. Previous studies focused exclusively on international trafficking and on the Global South whereas newer studies emphasize domestic trafficking and exploitation in the Global North. This article, and the special issue it introduces, suggests that it is high time scholars and advocates broaden their scope to more clearly focus on perpetrators and on the emancipation process. Perpetrators are too …

Vista: March 3, 2016, University Of San Diego

USD Vista

No abstract provided.

Why The Ministerial Exception Is Consistent With Smith—And Why It Makes Sense, William A. Galston

San Diego Law Review

This conference puts on the table two linked questions: Can Hosanna-Tabor be reconciled with Employment Division v. Smith and, if so, on what basis? Let me say straightway that I have at most an amateur’s understanding of constitutional law and jurisprudence. I bring to our questions some intuitions about the best framework for thinking about them, and whatever light my home discipline of political theory can shed on them. I have also benefitted enormously from Christopher Lund’s splendid law review article on the topic of this conference.

Rfra, State Rfras, And Religious Minorities, Christopher C. Lund

San Diego Law Review

Now fully a generation ago, the Supreme Court decided Employment Division v. Smith, which held that religious believers generally have no right to exemptions from neutral and generally applicable laws. But in the twenty-five years since Smith, the situation has grown more complex. Shortly after Smith, Congress passed the Religious Freedom Restoration Act (RFRA) and later the Religious Land Use and Institutionalized Persons Act (RLUIPA). And many states followed suit, either adopting state Religious Freedom Restoration Acts (state RFRAs) or construing generously the religious-freedom provisions of their state constitutions. As a result, the compelling-interest test discarded by Smith now again …

The Opposite Of Anarchy And The Transmission Of Faith: The Freedom To Teach After Smith, Hosanna-Tabor, Obergefell, And The Ascendancy Of Sexual Expressionism, Helen M. Alvaré

San Diego Law Review

There are several avenues available for protecting religious schools’ freedom but none involving rote application of the summary holdings of Smith or Hosanna-Tabor. This shouldn’t surprise; little is simple where the religion clauses are concerned. Nevertheless, to provide free exercise and nonestablishment “on the ground” and to allow core tenets of Judeo-Christian traditions a genuine, not just theoretical, chance of reaching the next generation, the Supreme Court needs to find a way within the labyrinth of its current First Amendment jurisprudence to allow religious schools and parents the freedom to teach.

This Article will treat this question as follows. Part …

Religion In The Public Square, H.E. Baber

San Diego Law Review

The First Amendment to the U.S. Constitution both prohibits the establishment of religion and guarantees its free exercise. There is, however, a tension between the Free Exercise Clause and the Establishment Clause, which has been understood to erect a “wall of separation” between church and state. Prima facie, the Establishment Clause prohibits the state from providing special benefits to institutions or individuals in virtue of their religious affiliations or convictions. The Free Exercise Clause, however, is cited in support of accommodations for individuals who, because of their religious commitments, cannot in good conscience conform to laws or regulations. This seems …

Master Metaphors And Double-Coding In The Encounters Of Religion And State, Perry Dane

San Diego Law Review

That term “existential encounter” is meant to convey several important ideas. First, it suggests that what is at stake here is not merely a set of legal doctrines or policy prescriptions, but something deeper and more constitutive. The sovereign nation-state, in some sense, looks out at the world around it and sees other entities that do not easily fit into its own internal sovereign architecture. Some of these are other nation-states. Some might be other types of essentially secular, but non-state, human associations. And others are, or should be, communities—large and small, organized or not, united or splintered—whose normative commitment …

Vista: February 17, 2016, University Of San Diego

USD Vista

No abstract provided.

Vista: February 10, 2016, University Of San Diego

USD Vista

No abstract provided.