Digital Commons Network^™

Considering Vaccination Status, Govind C. Persad

Sturm College of Law: Faculty Scholarship

"This Article examines whether policies—sometimes termed “vaccine mandates” or “vaccine requirements”— that consider vaccination status as a condition of employment, receipt of goods and services, or educational or other activity for participation are legally permitted, and whether such policies may even sometimes be legally required. It does so with particular reference to COVID-19 vaccines.

Part I explains the legality of private actors, such as employers or private universities, considering vaccination status, and concludes that such consideration is almost always legally permissible unless foreclosed by specific state legislation. Part II examines the consideration of vaccination status by state or federal policy. …

Are Debt-Holders Effective Monitoring Agents In Strategic Alliance Formations?, Malika Chaudhuri, Jay J. Janney

International Review of Business and Economics

When undertaking strategic alliances, managers face a fundamental choice to pursue alliances that allow them to exploit the value of current firm assets or alliances that allow them to explore new trajectories for the firm. To answer this question, we tested our proposed theoretical framework using 652 US-based publicly traded pharmaceutical firms between 1990 and 2012. Findings suggest that exploitation alliances have higher impact on firm performance in the short and long run than exploration alliances. Consistent with the debt overhang problem presented by Myers (1977), our findings confirm that high-leverage firms have a higher inclination toward exploitation alliance formations …

The Color(Blind) Conundrum In Colorado Property Law, Tom I. Romero

Sturm College of Law: Faculty Scholarship

This article interrogates the ongoing denial and erasure of the legacy of settler-colonialism and White supremacy in the color-lines created by Colorado property law. While Colorado has long been venerated as forward and future thinking, especially when it comes to matters of race relations, its system of property law has structured deeply embedded institutional and systematic racial inequities. In short, property has created a conundrum about how we collectively think of, talk about, and deal with race, its origins, and legacies arising out of settler-colonialism and White supremacy. The color(blind) property conundrum is detailed in three ways in this article. …

Breaking Down Barriers: The Impact Of Segregation On Social Capital And Economic Outcomes, Donyetta A. Bennett

Electronic Theses and Dissertations

Breaking Down Barriers. Does social capital indirectly affect black/white economic outcomes via entrepreneurial activities? Does the relationship between social capital, entrepreneurship, and black/white economic outcomes change when social capital interacts with segregation? Drawing from Bourdieu's (1986) and Coleman’s (1990) social capital theory and prior scholars' regressive view theories of segregation, I propose that 1) social capital improves entrepreneurial activities and black/white economic outcomes, and 2) segregation’s interaction with social capital has an adverse effect on entrepreneurial activities and black/white economic outcomes. To perform the analysis, data were collected at the county- level from multiple sources and aggregated into one file …

Symmetry, Schoenberg, And The Musical Idea: Denis Apivor’S Variations, Op. 29 (1958), Oliver Chandler

GFA Refereed Monographs

Perhaps guitar composers innovated in the field of twelve-tone composition because they were not really aware of what their colleagues, continental or domestic, were doing? They had latched onto an abstract, theoretical principle, detached from the rich Second-Viennese repertory that had given it life, and then developed it in their own way and for their own ends. Chapter 2 suggests that this narrative would be too reductive. It argues that the opening Poco lento from ApIvor’s Variations, Op. 29, demonstrates the composer’s sensitivity to, and detailed understanding of, the ways in which Schoenberg used intervallic symmetry as an ideal that …

Carbon Tariffs: How The Eu Plans To Transmit Its Carbon Price Signals Abroad And Protect Against "Carbon Leakage", Freeman Halle

Denver Journal of International Law & Policy

The European Union has begun implementation of its much anticipated Carbon Border Adjustment Mechanism (CBAM), a tariff to be levied on imported goods in proportion to the emissions intensity of their production. Earlier this year, the European Parliament ("the Parliament") and the European Council ("the Council") reached a provisional agreement on what this CBAM should cover, but there were outstanding questions as to how they would reconcile other conflicting prvisos in their proposals. This Article describes some of the more notable debates that occured in the drafting process, how these questions were resolved in the final regulation, and explores some …

Neutrality And Non-Belligerency: International Support Of Ukraine Against The Russian Invasion, Dallas Bates

Denver Journal of International Law & Policy

Since the Hague Conventions of 1907, the Law of Neutrality has been an important part of international law. In the 20th and 21st centuries, States have provided varying degrees of support to beligerent States while claiming to not be parties to the conflict. Using the example of the current war in Ukraine, this Article considers the viability of non-belligerency as a status between strict neutrality and participation in the conflict. State practice seems to indicate that non-belligerency is a legitimate path to support a victim State against the use of force by an aggressor State. As such, based on overwhelming …

Sticks And Stones May Break Bones, But Only The Right Words Can Protect Human Rights: An Examination Of The Convention On The Rights Of Persons With Disabilities In Relation To Psychosocial Disabilities, Dailyah Rudek

Denver Journal of International Law & Policy

The U.N. Convention on the Right of Persons with Disabilities (CRPD) is the most progressive document of its kind, containing admirable principles and mechanisms to protects the rights of people with physical disabilities and outlining international expectations regarding their treatment. Unfortunately, the instrument is woefully inadequate with respect to psychosocial disability and is leaving millions of people worldwide without sufficient protection. Future international conventions on human rights should specifically address persons with psychosocial disability and the CRPD must either be amended to appropriately address these disabilities or have such disabilities severed from its applicability as a new psychosocial-specific convention is …

Heterotopic Sports Coaching: Facilitating Epistemic Revolution, Sebastian D. L. Harvey

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

Sports culture, including its traditional coaching practices and norms aligned with orthodox masculinity, has profound negative implications for the mental health and well-being of athletes. To improve athlete mental health and well-being sports coaching must challenge harmful cultural norms. Sports coaching has repeatedly been problematized through a poststructuralist Foucauldian lens; however, predominantly absent from the literature is Foucault’s concept of heterotopia that enables rule-breaking practices to exist. Therefore, the purpose of this paper is two-fold: (a) to explore Foucault’s heterotopia within the context of sports coaching and (b) to demonstrate its use in altering the culture of sports. I begin …

Vol. 26, No. 1: Masthead, Water Law Review

Water Law Review

No abstract provided.

Vol. 26, No. 1: Full Issue, Water Law Review

Water Law Review

No abstract provided.

United States Court Of Appeals For The Ninth Circuit, Peyton Lindley

Water Law Review

No abstract provided.

United States Court Of Appeals For The Tenth Circuit, Claire N. Johnson

Water Law Review

No abstract provided.

Colorado, Daria Acosta-Rua

Water Law Review

No abstract provided.

Idaho, Jonah Karls

Water Law Review

No abstract provided.

Nevada, Nicole Pla

Water Law Review

No abstract provided.

New Mexico, Kristin Knetzer

Water Law Review

No abstract provided.

The Misattuned Music Industry: An Intersubjective Perspective On The Music Industry's Mental Health Crisis, Jonathan Fricke

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

Research shows that professional musicians tend to experience higher rates of mental health challenges compared to the general population. While there are a number of underlying factors and historical experiences that may help us to better understand these psychological struggles, I will be examining the relational system between musician and the music industry beginning at the time in which an amateur musician transitions to the professional realm. With this transition comes incredible demand and pressure from the industry. Professional musicians are at the mercy of grueling tour schedules where they spend months away from loved ones, must be "on" at …

Paternal Perinatal Psychopathology And Stigma Related To Nicu Admission, Hudson Holland Jones

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

Stigma or the belief that mental health difficulties stem from a personal weakness, moral failing, or poor choices and will subject one to shame, embarrassment, scrutiny, victimization, oppression, and ostracization is a reason people choose to avoid, not to obtain or fully engage in mental health treatments despite their demonstrated effectiveness (Corrigan, 2004;Vogel et al., 2006). Gender differences have been found in experiences of stigma; for example, men were found to self-stigmatize to justify avoiding counseling to a greater degree than women (Judd et al., 2008). As such, stigma has been identified as a gender-salient variable that serves as a …

Investigative Deception Across Social Contexts, 22-14 Knight First Amend. Inst. (Dec. 16, 2022), Alan K. Chen

Sturm College of Law: Faculty Scholarship

This essay explores investigative deceptions, intentional lies used to gather information that is in the public interest, across different areas of law. In some contexts, such falsehoods are viewed as producing great social benefits. For example, civil rights laws embrace intentional lies by testers to smoke out discriminatory conduct. Under federal labor law, union 'salts' are allowed to hide their identity and acquire jobs with employers whose workers they wish to organize. In most cases, law enforcement officers may engage in elaborate subterfuges when operating 'stings' and interrogating witnesses. In these contexts, the law permits a person to lie in …

The 31-Tone Tuning System Of Nicola Vicentino And The Toroidal Tonnetz: An Annotated Bibliography, Kevin Mcfarland

Musicology and Ethnomusicology: Student Scholarship

Nicola Vicentino’s treatise L’antica musica ridotta alla moderna prattica (1555), from here on L’antica musica, argues that contrapuntal practices based on modes derived from the diatonic tetrachord are insufficient to express the variety of emotions possible in vocal text settings, and that composers should be inspired by the other Ancient Greek genera as described by Boethius, the chromatic and enharmonic tetrachords. To employ these alternative genera, Vicentino devised an ingenious system that extended quarter-comma mean tone temperament to a thirty-one-tone system that can be neatly approximated by a division of the octave into thirty-one equal parts.

Modeling Vegetation Cover At Mount St Helens Using Highly Correlated Vegetation Indices, Sara Livingston

Geography and the Environment: Graduate Student Capstones

The eruption of Mount St. Helens in 1980 devastated the landscape and obliterated all ground vegetation within a 620 km2 blast zone radius. The destructive forces of the lateral blast, debris avalanche, tephra plume, and lahar flow created a complex mosaic of disturbance zones, that subsequently yielded various rates of landscape recovery. Remote sensing is an efficient method for monitoring landscape-scale changes by recording the distinct spectral reflectance of vegetation. Based on statistically significant correlations between Vegetation Indices and vegetation parameters, an empirical model can be developed for vegetation cover predictions. This capstone analysis found that NDVI holds the strongest …

How Theories About Instrumental Practice Strategies In Western Music Evolved Since The 1700'S: A Select Annotated Bibliography, University Of Denver

Musicology and Ethnomusicology: Student Scholarship

As music teachers, we introduce our students to a variety of methods for learning their instrument. In addition, it is necessary to impart wisdom on how to practice those methods and strategic ways to approach the learning and preparing of pieces for performance.

This paper will endeavor to compare and contrast how those strategies and techniques have evolved over the past 300+ years to better understand what practice strategies are “tried and true”, which have been discarded over time, and what has been added to the pantheon of strategies and scientific studies as performance practice and our understanding of psychology …

0774 Colorado Legislative Rules, Colorado Legislative Council

All Publications (Colorado Legislative Council)

No abstract provided.

Social Affect Regulation In University Students During The Covid-19 Pandemic, John P. Powers, Megan Burnham, Hannah Friedman, Kateri Mcrae

Psychology: Faculty Scholarship

Given how much time humans spend in social contexts, interest has been growing in socially mediated forms of affect regulation. Historically, though, research on affect regulation has focused on individual forms of regulation, such as cognitive reappraisal. To address this gap, we investigated social affect regulation in university students through an online survey, with a particular focus on social reappraisal. Specifically, we tested whether the frequency with which students communicate with their social contacts is related to how much social reappraisal support they receive from those contacts, and whether social reappraisal support is associated with mental health. Our final sample …

International Drug Law And The Sustainable Development Goals: A Sober Assessment Of Compatability, Aidan Peter O'Callaghan

Denver Journal of International Law & Policy

The regulation of drugs under international law is underpinned by a framework largely unchanged since the 1961 Single Convention on Narcotic Drugs. Sixty years later, this framework continues to inform and restrain domestic drug laws, requiring countries to criminally sanction the possession and trade in specified substances, including those which may otherwise be considered mild or commercially useful. Comparing this framework with the United Nations' "Agenda 2030" Sustainable Development Goals reveals that the international community's ambitions, at least insofar as health, economics, and justice are concerned, are undermined by the Single Convention framework. This is because the prohibitionist approach which …

International Law, African Courts, Patriarchal Inheritance Systems And Women's Rights, John Mukum Mbaku

Denver Journal of International Law & Policy

In virtually all countries in Africa, there exist various cultural, social, political, and legal factors that contribute to women's inability to have access to land, as well as negatively impact their inheritance rights. One of the most important reasons why so many women in Africa do not have access to land or official land titles is that they live in communities which have customary laws and traditional practices that deny them the right to inheritance. In several African countries, customary laws deny the girl child the right to inherit her deceased father's estate and the widow the right to inherit …

Vol. 51, No. 1: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Appreciating The Margin: Examining European Refugee Law Through Germany, Hungary, & Turkey, Melanie Corbett

Denver Journal of International Law & Policy

No abstract provided.

Vol. 51, No. 1: Front Cover, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.