Digital Commons Network^™

Concepcion V. United States: Compassionate Drug Sentencing Reform Against A Criminal Legal System Built On Racialized Social Credit, Misty L. Schlabaugh

Denver Law Review Forum

​Misty L. Schlabaugh argues that ending the use of retributive punishment for non-violent drug crimes is crucial for addressing mass criminalization and incarceration, but it also emphasizes the need for broader societal change.​​​

Carson V. Makin: Public Funding For Private Religious Schools And The Continued Erosion Of The Religion Clauses, Alyssa Schwartz

Denver Law Review Forum

​Alyssa Schwartz examines Carson v. Makin and argues that the Court’s decision disregards precedent and attempts to rewrite history to diminish the seperation of church and state as a bedrock principle of our nation, and rules in favor of religion which erodes the Court’s constitutional neutrality.​

Denezpi V. Makin: Triba Self-Determination, Safety, And The Necesary Role Of The Dual-Sovereignty Doctrine, Hanna Woods

Denver Law Review Forum

​Hanna Woods argues that although the Court correctly decided Denezpi, it failed to incorporate key public policy considerations in its reasoning by neglecting to acknowledge that barring Denezpi’s subsequent prosecution in federal court would yield unfavorable consequences.​

Vol. 26, No. 2: Masthead, Water Law Review

Water Law Review

No abstract provided.

Vol. 26, No. 2: Full Issue, Water Law Review

Water Law Review

No abstract provided.

Navigating Competing Interests On The Colorado River: The Public Trust Doctrine, Prior Appropriations, And Climate Change, Kate Bosh

Water Law Review

No abstract provided.

A Social Function Of Water: How Colorado's Doctrine Of Prior Appropriation Can Prepare For The Future By Returning To Its Headwaters, Evan Weis

Water Law Review

Recent years have seen an increase in private in vestment in water by large investment firms across Colorado. This has led to a rise in speculation and a move towards privatization of Colorado's already scarce water resources, prompting many to express fears over the future considering the threat that Climate Change poses to water supply. In response, this paper looks back towards the origins of the Doctrine of Prior Appropriation for inspiration about its future. In order to combat the threat of speculation and monopolization, Colorado should adopt a constitutional requirement that water must observe its Social Function: a theory …

Montana, Daria Acosta-Rua

Water Law Review

No abstract provided.

New Mexico, Jonah Karls

Water Law Review

No abstract provided.

Texas, Nicole Newton

Water Law Review

No abstract provided.

Upgrading To The New Model: Auto Dealership Franchise Laws And The Benefits Of Allowing Electric Vehicle Direct Sales, Daniel S. Rubin

Transportation Law Journal

There are legal justifications to support the interpretation that electric vehicle (EV) manufacturers are not covered by many states' current laws preventing auto manufacturers from selling cars directly to consumers. So called "dealership franchise laws" on the books in many states require cars to be sold through third party dealerships and specifically prohibit manufacturers from cutting out dealers by selling cars directly to consumers. Beyond the technical legal arguments for the new model, exempting EV manufacturers from the current legally imposed dealership model would accelerate wider adoption of EVs and promote environmental health benefits associated with lowering emissions from transportation. …

Choosing Sides: Military Behavior In Severely Polarized Democracies, Timothy W. Ford

Electronic Theses and Dissertations

Why does severe polarization result in military intervention in some cases but not others? I argue that the organizational culture unique to a particular military plays a critical role in influencing behavioral outcomes in severely polarized democracies. When faced with sovereign power disputes that arise as a result of severe polarization, military organizations are most likely to develop new strategies of action from the dominant practices, norms, and ideas of military leaders. Severe polarization presents a unique threat to civil-military relations and provides the type of unsettled social periods in which cultural ideologies express an observable influence on military behavior. …

Teaching On The Möbius: Exploring The Inner And Outer Landscapes Of Teacher Practice, Barth A. Quenzer

Electronic Theses and Dissertations

The practice of teaching takes on renewed significance in today’s changing educational landscape. In the quest for transformative teaching and learning, there are both familiar and unfamiliar paths to be traversed. While significant contributions are being made by culturally responsive pedagogies, less is understood about the inner life of teachers as they navigate the outer systems of their practice. To address this area of research opportunity, the author used the conceptual framework of humanizing pedagogy and deep pedagogy to explore the inner and outer landscapes of teacher practice. As a method of inquiry, educational criticism afforded a qualitative approach for …

Older Women’S Stories Of Covid-19 Loss: Communicated Narrative Sense-Making Through Photography, Anne Walker

Electronic Theses and Dissertations

The diverse array of challenges associated with the COVID-19 pandemic make it difficult to assess the full impact of this global health crisis. More than 300,000 older Americans died, leaving a nation of grieving survivors in their absence. This profound loss of life will undoubtedly inform the field’s understanding of grief and grieving for many years to come. Pre-pandemic, older women in the United States understood grief to be part of their life stage; COVID-19 amplified the grief experience through both cumulative losses and the isolation particular to the novel coronavirus response. However, few qualitative studies explore older women’s grief, …

Do-It-Together: Informal Transformative Sustainability Education, Derek Brannon

Electronic Theses and Dissertations

The Climate Crisis is an urgent and inescapable reality students are thrust into. Learners must be prepared adequately for their futures, not only for their sakes but also because collective and transformative change is required. Transformative sustainability education provides one pathway to this transformation and focuses on radically altering students’ perceptions about the world and their agency in effecting change on ecological issues. The field of transformative sustainability education is emergent and thus is still fragmented, leaving gaps in the literature. Little research has been conducted on how informal and nonformal university spaces can be used to create transformative experiences …

The Treasury Of Stories: Policy Narratives Of Anti-Illicit Finance, Paul Christopher Kemp

Electronic Theses and Dissertations

This dissertation explores how the US government identifies and responds to the problem of illicit finance, specifically, why the US Treasury utilizes certain approaches over others. I employ a comparative case study of three relatively recent, non-traditional approaches in the Treasury’s anti-illicit finance repertoire: targeted financial sanctions (a case of strong policy action), anti-money laundering in real estate (a case of tentative policy action), and the proposed demonetization of high denomination notes (a case of policy inaction). While considering a wide range of plausible explanations for this variation in policy action, I argue that the Treasury’s decision to either …

Resuscitating E-Commerce's Transnational Promise With Out-Of-Court Processes, Oladeji Tiamiyu

Sturm College of Law: Faculty Scholarship

E-commerce is increasingly taking a central role in conducting commercial transactions. This burgeoning industry has shaped how, when, and even why consumers transact. While catalyzed by the pandemic, increased use of e-commerce platforms is a multi-decade historical trend. Yet regulators throughout much of the world have been slow in how they regulate these platforms. In recognition of the growing importance of digital transactions, regulators have increasingly explored what should be the appropriate amount of oversight for platforms that have relied on substantial self-regulation. Regulation has increased the difficulty for private and public enforcement of antitrust laws, compromising a variety of …

The Struggle Is Real: Constructing Liberative Meaning Making That Facilitates Black Student’S Authentic Identity Formation And Navigation Through Predominately White Institutions, Felicia Marie George

Electronic Theses and Dissertations

This dissertation focuses on how Black students’ use of navigational capital reflects a quest for complex subjectivity that facilitates authentic identity formation and navigation through a private, predominantly white, four-year, R1 institution (PWI’s). A qualitative study that used portraiture methodology was conducted to collect stories of the lived experience and perceptions of two Black senior undergraduate students who attended a PWI. Their stories provided the foundation for constructing liberative meaning making (LMM), an ethic of praxis that uses a hermeneutics of listening to heighten students’ awareness of and living from interiority. The concept engages De La Torre’s theory of liberative …

The Post-Wwii American Picaro As Prophet Of Human Dignity: A Study Of Ralph Ellison’S Invisible Man, Flannery O’Connor’S The Violent Bear It Away, And Saul Bellow’S Henderson The Rain King, Elijah Clayton Null

Electronic Theses and Dissertations

The picaro, a rascal or rogue who tells his or her life story, is an important but understudied figure in midcentury American letters. Critics of the 1960s, such as R.W.B. Lewis, often discussed the picaro and the picaresque, but recent American scholarship has not revisited the role and importance of this figure and genre.

This study employs the methodologies of historicism, formalism, and intellectual history to explain how American authors in the period after WWII used the picaro and picaresque, a figure and genre that originated in 16th century Spain, as vehicles for their explorations of the question of human …

Liberation And Inclusion Through The Voices Of Trans Youth: A Phenomenological Approach, Klaudia Neufeld

Electronic Theses and Dissertations

The primary aim of this phenomenological study is to elevate trans youth voice to understand the essence of their individual and shared lived experiences within school systems designed for them to be silenced, excluded, and erased. In alignment with Eve Tuck’s desire-based research, this study is designed to counter deficit narratives of trans youth. Participants include six racially and ethnically diverse trans youth, ages 13−17 in the U.S. state of Colorado. Analyses revealed four themes: a gender-identity transition journey; navigating geography; safety and the impact of school culture; creating belonging through a coalition of community and friendship; and youth lessons …

Fostering An Inclusive Learning Environment Through Course Development: A Program Evaluation, Rachel K. Rogers

Electronic Theses and Dissertations

This evaluation was chosen to address the desire of students to see themselves and their lived experiences in their coursework at University College, the location of this study. The purpose was to complete a utilization-focused evaluation that assessed first, the formal and informal practices involved in the course development process within an academic department at University College, University of Denver, and second to determine the extent to which the course development process contributes to an inclusive learning environment. Data were collected using qualitative methods including semi-structured interviews of key stakeholders in the course development process, observations of weekly course development …

A Qualitative Inquiry Of Research Administrator Perceptions Of Job Satisfaction In A Central Research Administration Unit At The University Of Denver, Noelle L. Strom

Electronic Theses and Dissertations

The Sponsored Programs Administration (SPA) team provides critical research administration services for the research community at the University of Denver. As research funding continues to rise at the University of Denver, retention of research administrators is critically important. Job satisfaction is key to employee engagement and retention. Higher job satisfaction contributes to several positive outcomes for institutions, including lower turnover, higher productivity, lower costs, and employee loyalty. The need to retain experienced research administration professionals is highlighted by the fact that few formal educational routes exist that prepare employees for a career in research administration; rather, developing expertise takes a …

Investing In Your Employees: Understanding The Impact Organizational Commitment Has On Staff Retention, Vanessa Lynne Mcwhirt

Electronic Theses and Dissertations

High employee turnover in higher education has been an issue for decades, and successfully integrating newly hired staff (NHS) into their new job and the organization can be challenging for human resources and leadership. New employee orientation and onboarding programs can assist NHS. The author of this paper conducted a Utilization-Focused evaluation of the Thriving at DU program at the University of Denver (DU) to improve the program. The study examined the perceptions of how 12 student and academic affairs professionals made meaning of organizational commitment in the workplace throughout their onboarding experience.

The major findings of this evaluation aligned …

Preliminary Injunctions In Public Law: The Merits, Kevin J. Lynch

Sturm College of Law: Faculty Scholarship

The law of preliminary injunctions has been evolving, in many instances away from its roots in equity and towards a more rigid and formalistic approach that raises the bar for when a preliminary injunction may be granted. This change has its roots in hostility at the Supreme Court to certain types of rights, such as abortion, voting rights, public health, and environmental protection, to name a few. In the aftermath of the Supreme Court’s 2009 decision in Winter v. Natural Resources Defense Council, a few circuits have adopted a strict, literal reading of some dicta from that case in order …

Why Democracies And Autocracies Go To War: Comparing The Cases Of Iraq And Ukraine, Ketevan Chincharadze

Electronic Theses and Dissertations

History shows that both democratic and nondemocratic countries wage wars to advance their strategic interests. This study has comparatively analyzed two conflicts – the 2003-2011 U.S. invasion of Iraq and Russia’s ongoing war in Ukraine – to identify the trends that motivate both democratic and autocratic leaders to behave similarly by launching an invasion. The interpretive research of various memoirs, books, interviews, academic articles, news reports, and speeches, has uncovered that personal biases, particularly confirmation biases, play a significant role in motivating leaders to start a war. Leaders’ confirmation biases are often shaped by three prominent factors – historical memory, …

An Investigation Into Machine Learning Techniques For Designing Dynamic Difficulty Agents In Real-Time Games, Ryan Adare Dunagan

Electronic Theses and Dissertations

Video games are an incredibly popular pastime enjoyed by people of all ages world wide. Many different kinds of games exist, but most games feature some elements of the player overcoming some challenge, usually through gameplay. These challenges are insurmountable for some people and may turn them off to video games as a pastime. Games can be made more accessible to players of little skill and/or experience through the use of Dynamic Difficulty Adjustment (DDA) systems that adjust the difficulty of the game in response to the player’s performance. This research seeks to establish the effectiveness of machine learning techniques …

The Politics & Poetics Of Audience Creation In Contemporary Epistolary Memoir, Sarah M. Davis

Electronic Theses and Dissertations

This thesis examines Ocean Vuong’s On Earth We’re Briefly Gorgeous and Kiese Laymon’s Heavy as works of life writing that leverage the epistolary form to engage their direct maternal addressees and audiences beyond them in revision and reconstruction of identity. Secondary audiences are considered in light of Michael Warner’s “Publics and Counterpublics,” and the social affordances of the epistolary form and self-constructive affordances of life writing are analyzed in tandem as a hybrid epistolary memoir form. Specifically, this project explores how the epistolary memoir form affords Vuong and Laymon opportunities for the process of personal, relational, and communal identity construction, …

Rethinking Bibliotherapy: Portraits Of Gifted Adult Readers, Jervaise M. Pileggi

Electronic Theses and Dissertations

Gifted individuals have unique socioemotional needs due to their sensitivity and intensities. Bibliotherapy is often recommended to gifted persons to help them understand themselves and others and to address affective needs. However, bibliotherapy’s roots are embedded within a clinical background, thus requiring an element of discussion. Instead, I argue that gifted adults use metacognition to replace the need for discussion. Portraits of gifted adult readers (N=7) in their 30s-50s illustrate that metacognition has occurred over their lifespan regarding their reading, with only one participant actively engaging in discussion, and book selection meets the socioemotional needs of the reader. The findings …

Something Wicked: Witches And Rhetorics Of Resistance, K. Scarlett Harrington

Electronic Theses and Dissertations

This project joins other academic conversations regarding the dynamics of power, modernity, witchcraft, and magic within the contexts of Western hegemony. Occasioned by kairotic cultural events and the reinforcement of ideologies like those found in the Dobbs decision, QAnon conspiracy, and rise of Christian Nationalism, this project contends that evaluating the potential political power residing in witchery is necessary in understanding some of the nuances of hegemonic control and resistance to oppressive authority. Predominantly following rhetorical evaluations of magic found in the works of Gunn and Covino, I maintain a non-universal methodological practice that works to understand the various instrumentality …

Historical Realism And Stoic Heroes In The Work Of John Williams, Cameron Sepede

Electronic Theses and Dissertations

This thesis investigates how John Williams’s three major works of fiction — Butcher’s Crossing, Stoner, and Augustus — are narratively structured around three main characters who embody the tenets of stoic and Emersonian transcendental philosophy, respectively. Williams uses these characters to promote and critique preconceived notions of heroic masculinity as structured within these philosophies. Through an analysis of form, this thesis will explore how Williams scaffolds his three main characters around the language and ideas present within each philosophical school. Williams’s portrayal of heroic masculinity, as seen through a feminist perspective, questions the ideal masculine hero, which will be …