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The Broken Fourth Amendment Oath, Laurent Sacharoff

Sturm College of Law: Faculty Scholarship

The Fourth Amendment requires that warrants be supported by “Oath or affirmation.” Under current doctrine, a police officer may swear the oath to obtain a warrant merely by repeating the account of an informant. This Article shows, however, that the Fourth Amendment, as originally understood, required that the real accuser with personal knowledge swear the oath.

That real-accuser requirement persisted for nearly two centuries. Almost all federal courts and most state courts from 1850 to 1960 held that the oath, by its very nature, required a witness with personal knowledge. Only in 1960 did the Supreme Court hold in Jones …

Vol. 99, No. 3: Table Of Contents, Denver Law Review

Denver Law Review

No abstract provided.

Vol. 99, No. 3: Full Issue, Denver Law Review

Denver Law Review

No abstract provided.

Visions For Japanese Society: An Examination Of Japanese Postwar Occupation Period Film, Kaitlin Smith, Michael Gibbs

DU Undergraduate Research Journal Archive

By following the films of directors Akira Kurosawa ( 黒澤明), Yasujiro Ozu ( 小津安二郎), Masaki Kobayashi (小林正樹), and Shohei Imamura (今村昌平) around occupation period Japan, unified visions for Japanese society are formed as it transitions from wartime into the postwar era. Each of these films conveys a sense of rapid change in society, external pressures and foreign influence, a daily struggle, and immediate postwar suffering. Not only can these films be seen across a wide variety of styles, but they also each approach these issues with immediacy and show tentative outlooks for how Japan functioned and felt for most people …

Promoting Democracy And Penance: The United States, Western Europe, And German Memory Of The Holocaust, Mathew Greenlee, Elizabeth Campbell

DU Undergraduate Research Journal Archive

This research, using the writings of German and international intellectuals, journalists, and politicians, explores the late-twentieth-century German memory of the Holocaust and demonstrates the ways it was influenced by the international community. The path of this development was rocky and uncertain, with historical revisionism, denialism, and unchallenged taboo, but also sincere historical engagement. Reflecting a broader trend in the field of history, this work emphasizes the influence of the transnational in cultural shifts; rather than depict the German collective memory as static, or solely domestic, it seeks to demonstrate the influence of international actors, beliefs, and ideas at major inflection …

The Populist Paradox: A Critical Framework Proposal, Megan Morrell, Seth Masket

DU Undergraduate Research Journal Archive

Donald Trump’s presidency has undeniably reignited academic interest in understanding the populist phenomenon and its political implications. Trumpian politics are frequently considered to be a stark departure from status quo politics, in favor of a radical right populism. Yet, the Trump presidency and populist theory itself poses a key contradiction, namely a populist paradox. I will propose a critical framework to understand populism as a mechanism of political power by the liberal state. In What is Populism?, Jan-Werner Müller identifies a contradictory nature to populism, as it often perpetuates the same political problems that the populist politics sought to replace. …

Environmental Accounting And Financial Performance Of Listed Family-Owned Companies In Nigeria, Charles Segun Ilelaboye, Muyiwa E. Alade

International Review of Business and Economics

This study examines the effect of environmental accounting on the performance of family-owned companies in Nigeria using restoration cost, community development costs and health & security costs as surrogates. The study used ex-post facto research design. The population of the study consisted of all 12 family-owned companies across industrial and oil & gas sectors that were quoted on the Nigerian Stock Exchange (NSE). Purposive sampling technique was used to select six (6) family-owned companies that disclosed environmental information. Data were gleaned from the annual reports of the sampled companies covering 2012-2020. The study used descriptive statistics, correlation and Ordinary Least …

The Treasury Single Account System And Financial Stability In Nigeria, Olusola Esther Igbekoyi

International Review of Business and Economics

This study investigates the effect of the treasury single account system on financial stability in Nigeria. Specifically, we hoped to find out if speculation of government regarding government debt and stock market performances are met. The study utilized data published in the Central Bank of Nigeria statistical bulletin for a period of 2011-2020. The time series data collected were analyzed using descriptive and inferential statistics. The findings revealed that the TSA system had a negative impact on government debt performance, with significant negative impact on advances from commercial banks and external debt finance charges. However, it had an insignificant negative …

Cost Of Menstrual Hygiene Practices In Gujarat, India, Smruti Bulsari, Kiran Pandya, Jayesh Desai

International Review of Business and Economics

Menstrual cycles are an integral part of a nearly two-third of a woman’s life, and occur every month. Menstruation is a public health concern because irrespective of whether a woman can afford hygienic absorbents or not, she undergoes menstruation phase every month. Therefore, menstruation requires to be examined from public health policy perspective. Choice of menstrual products is not only subject to budget constraint but also to “other regarding preferences”, as can be explained by behavioural economics theories. This study therefore, seeks to get insights into the determinants of choice of menstrual product. The study attempts to devise a method …

Family Ties: Impact Of Socioemotional Wealth And Succession On Real Earnings Management, Beth A. Flambures

Electronic Theses and Dissertations

Private family businesses make up a significant portion of the world economy. While contributing to the larger macro environment, they also contribute critical resources to their communities and family units. Earnings management is a practice that is detrimental to future business viability. The motivation to use earnings management is different in family businesses as they have unique pressures and characteristics. Socioemotional wealth includes non-financial incentives exclusive to family businesses and is predicted to influence earnings management behavior. Succession is an event that is critical to all businesses, however, the pressure for generational transfer in family businesses can be greater due …

Exploring The Intersections Of Stigma And Masculinity In The Illness Perceptions Of Men Living With Fibromyalgia: An Interpretative Phenomenological Analysis, Christine L. Motzny

Electronic Theses and Dissertations

Fibromyalgia is a musculoskeletal condition characterized by widespread pain, fatigue and cognitive problems. While it affects between 2-7% percent of the population in the United States, the biopsychosocial impacts of the disease on the lives of those affected are so substantial that it is considered to have one of the highest cost burdens comparative to other chronic pain conditions. Fibromyalgia has historically been deemed a contested illness due to the complexity of its presentation and lack of clear etiology. As a result, people with fibromyalgia often feel misunderstood and stigmatized. Like other pain conditions, fibromyalgia is more commonly diagnosed in …

Planting Seeds Of Change: Teaching For Social Justice In Elementary Classrooms, Brianna Mestas

Electronic Theses and Dissertations

Much research has been done on novice teachers’ dispositions and how their beliefs contribute to the enactment of equitable or inequitable teaching practices. Ways that deficit-based beliefs and inequitable pedagogical choices have negatively impacted students of color and low-income students have also been well documented. However, there is a dearth of literature that explores the connection between dispositions and experienced teachers’ social justice practices that lead to equitable social and academic outcomes for elementary students. The purpose of this multiple case study is to understand and examine the perceptions, enactment, and challenges of four experienced and effective elementary teachers who …

The Examination Of Social Support Received After Traumatic Experiences, Emily Abellon

Electronic Theses and Dissertations

This study aimed to explore what constitutes effective and ineffective social support after an individual endures trauma. Participants were recruited mainly through social media to complete an online survey with open-ended questions. The survey provided participants with the opportunity to reflect and share the social support they received after the endured trauma, specifically disclosing what support messages were effective and ineffective, and why these messages were effective and ineffective. The messages found to be effectively supportive after the endured trauma, and the ones most frequently mentioned were emotional and appraisal support. These messages were found to be effective due to …

Inhibitors Of Alpha-Synuclein Aggregation, Jemil Ahmed

Electronic Theses and Dissertations

Alpha-Synuclein (αS) – a neuronal, disordered, presynaptic protein – aggregates into amyloid fibrils and accumulates in the substantia nigra pars compacta of Parkinson's Disease (PD) patients. The aggregation and accumulation of αS amyloid fibrils leads to death of dopaminergic neurons; a hallmark of PD. Although it’s not clear why αS aggregates, prior studies have found that intrastriatal injection of fibril alone is sufficient to cause PD pathology in mouse and non-human primates models. These observations implicate αS as a therapeutic target against PD.

Unfortunately, there are three caveats when attempting to target αS. First, αS is a neuronal protein expressed …

The Role Of Ehd2 In Endothelial Cells, Rachael Judson

Electronic Theses and Dissertations

The role of EHD2 in terms of Cav1 interaction had not been previously characterized and was the main goal of this research. Cav1 has been shown to lead to the ubiquitination of Rac1. Because of this, the role of EHD2 in Rac1 regulation was investigated. An increase in long-term migration in endothelial cells was observed and suggested that EHD2 impacts the RhoA pathway instead of the Rac1 pathway. This lead to the hypothesis that EHD2 controls a part of the RhoA pathway. This hypothesis is supported by the loss of filamentous actin and an increase in serrated junctions in cells …

Estimation Of Treatment Effects With Multilevel Observational Data Using Deep Neural Networks, Logistic Regression, And Multilevel Modeling: A Propensity Score Approach, Neba Nfonsang

Electronic Theses and Dissertations

This study used a propensity score approach to estimate treatment effects in a multilevel setting. The propensity score approach involves the estimation of propensity scores for covariate balancing and the estimation of treatment effects. This study aimed at understanding how propensity scores estimated through a simple logistic regression compare with propensity scores estimated through an optimized deep neural networks model. The study also examined how treatment effects estimated with propensity score weights from logistic regression compare with treatment effects estimated with propensity score weights from deep neural networks.

Few causal studies have been conducted in a multi-level setting with observational …

Repetition Repeated: Reconstructing A Lacanian Subjectivity Through Kierkegaardian Repetition, Thomas R. Ryan

Electronic Theses and Dissertations

When Descartes declared “Cogito ergo sum,” he triggered a fundamental shift in the trajectory and scope of the philosophical discourse. Hegel called this the beginning of modern philosophy, but the Cartesian cogito elevated human reason, ushered the Enlightenment, and led to scientific and political revolutions. But as Slavoj Zizek has pointed out, almost from the moment Descartes posited the mind-body problem, there was an anxiety about what it meant to be “one who thinks.”1 This anxiety presents itself as a continuous questioning of the ontology of the subject, and ultimately, whether there is a subject at all. By the time …

Examining The Credibility Of Story-Based Causal Methodologies, Megan E. Kauffmann

Electronic Theses and Dissertations

The purpose of this study was to explore how evaluators justify using story-based methodologies when examining causality. The two primary research questions of the study included: 1) what arguments are made by evaluators to justify the credibility of story-based causal methodologies to evaluation stakeholders; and 2) from the perspective of evaluators, how do contextual factors influence whether story-based causal methodologies are perceived as credible by evaluation stakeholders? A case study was conducted to examine the cases of four evaluators who had experience implementing a story-based methodology in an evaluation. Data collection procedures included two interviews with each participant and a …

Could Alexa Increase Your Social Worth?, Peter Tripp

Electronic Theses and Dissertations

People have historically used personal introductions to build social capital, which is the foundation of career networking and is perhaps the most effective way to advance a career (Lin, 2001). With societal changes, such as the pandemic (Venkatesh & Edirappuli, 2020), and the increasing capabilities of Artificial Intelligence (AI), new approaches may emerge that impact societal relationships. Social capital theory highlights the need for reciprocal agreements to establish the trust between parties (Gouldner, 1960). My theoretical prediction and focus of this research include two principles: The impact of reciprocity in evaluating trust of the source of the introduction and the …

Understanding The Impacts Of Urban Agriculture In Gentrifying Neighborhoods In Denver, Kate Johnson

Electronic Theses and Dissertations

Urban Agriculture is prominent in cities across the United States and has been studied in relation to food security, sustainability, and gentrification. Urban agriculture is context specific and can include individual gardens, community gardens, guerilla gardening, and urban farms. Urban agriculture is a product of the community it is based in, depending on politics, history, and social environments. For these reasons, the relationship between urban agriculture and the community is an area where more research is needed. This thesis explores the role visible gardens play in community building, sustainability, and food security in gentrifying neighborhoods in Denver. Through qualitative methods …

Assessing The Relationship Between White Privilege, White Fragility, And Masculine Gender Identity And Stressors In The Workplace, Anna Edelman

Electronic Theses and Dissertations

The current study examined how White privilege information avoidance and White fragility are related to aspects of traditional masculinity. Informed by Critical Race Theory and Critical Whiteness Studies, this study examined the link between traditional masculine norms, masculine gender identity stress, and White privilege reactions. A sample of White, working men were recruited both through snowball sampling and Amazon’s Mechanical Turk. Participants were first assessed on a variety of masculinity variables and then were randomly assigned to view one of two video vignettes. After viewing this video, their affective responses, White privilege information avoidance, and White fragility were assessed through …

Digital Searching: A Grounded Theory Study On The Modern Search Experience, Nicolas Armando Parés

Electronic Theses and Dissertations

This Grounded theory study explores US adults' modern information search process as they pursue information through digital search user interfaces and tools. To study the current search process, a systematic grounded theory methodology and two data collection methods, a think-aloud protocol and semi-structured interviews, are used to develop the theory. The emerging theory addressed two tightly connected research questions that asked, “What is the process by which humans search and discover information?” and “What is the process by which search and discovery interfaces and tools support the modern search process?”

The study collects participant data from US adults who have …

Classification Of Electropherograms Using Machine Learning For Parkinson’S Disease, Soroush Dehghan

Electronic Theses and Dissertations

Parkinson’s disease (PD) is a neurodegenerative movement disorder that progresses gradually over time. The onset of symptoms in people who are suffering from PD can vary from case to case, and it depends on the progression of the disease in each patient. The PD symptoms gradually develop and exacerbate the patient’s movements throughout time. An early diagnosis of PD could improve the outcomes of treatments and could potentially delay the progression of this disorder and that makes discovering a new diagnostic method valuable. In this study, I investigate the feasibility of using a machine learning (ML) approach to classify PD …

Directly Polymerizable Co Releasing Molecules, Jackson Snow

Electronic Theses and Dissertations

Despite the commonly held consensus that carbon monoxide (CO) is toxic, it has been shown to be an essential signaling molecule in the human neuronal system and has been noted to have anti-inflammatory properties, act as a vasodilator, have anti-proliferative impacts on tumors, and many other beneficial effects. The current limitation to using CO as a therapeutic molecule is delivering the proper dosages using CO releasing molecules (CORMs) without exhibiting toxicity. The first chapter of this thesis will review the biological significance of CO in biological systems, the limitations of existing CORMs, and the properties of diphenylcyclopropenone (DPCP) that make …

Lipophilic Probes For Cellular Ethylene Detection, Morgan R. Brown

Electronic Theses and Dissertations

The structure of ethylene is simple, yet its biological effects are significant. When considering its role in biology it is almost exclusively regarded as a plant hormone. Research on ethylene from plants was progressed by several advancements in analytical instrumentation, from its discovery to elucidation of its signaling pathway. There is currently limited understanding of ethylene’s role in mammals, but evidence suggests that it may be a biomarker for oxidative stress! Additional tools and technology are crucial to study this surprising and important signaling role in mammals. Our group has developed molecular ethylene probes as a strategy to detect ethylene …

Humanizing Computational Literature Analysis Through Art-Based Visualizations, Alexandria Leto

Electronic Theses and Dissertations

Inequalities in gender representation and characterization in fictional works are issues that have long been discussed by social scientists. This work addresses these inequalities with two interrelated components. First, it contributes a sentiment and word frequency analysis task focused on gender-specific nouns and pronouns in 15,000 fictional works taken from the online library, Project Gutenberg. This analysis allows for both quantifying and offering further insight on the nature of this disparity in gender representation. Then, the outcomes of the analysis are harnessed to explore novel data visualization formats using computational and studio art techniques. Our results call attention to the …

Identity And Resistance: Queer Puerto Rican Subjects, Pentecostalism, And The Shadow Of U.S. Imperialism, Jared Vázquez

Electronic Theses and Dissertations

James K.A. Smith argues that the first principle of Pentecostalism is that the same Holy Spirit described in the New Testament is !actively, dynamically, and miraculously present both in the ecclesial community and in creation” today. This ontological experience of the Holy Spirit transforms Pentecostalism into a hermeneutic thorough which Pentecostals interpret their social world. In his attempt to articulate a Pentecostal epistemology Smith leaves implied what this project seeks to make explicit: the emergence of subjectivity is mediated through the experiences of the body and is therefore affective and phenomenological in nature. I argue that pentecostal spiritual practices are …

Music Theory Pedagogy For The Violin: Cognitive Philosophy And Three Model Curricula, Morganne J. Mcintyre

Electronic Theses and Dissertations

Violin playing promotes a connection between mind and body that allows the performer to internalize, or embody, tactile features of the instrument, such as the distance between strings, the feeling of the fingertips on the fingerboard, the interval size between notes, and many other aspects. This thesis designs a pedagogy that employs the violin’s physical attributes to provide the beginning through advanced player with a deeper understanding of music theory. The thesis suggests pairing of physical learning and musical theory at each stage of a violinist’s musical education. Chapter 1 surveys embodied cognition and cognitive artifacts. Chapter 2 applies these …

Mis-Specification Of Functional Forms In Growth Mixture Modeling: A Monte Carlo Simulation, Richa Ghevarghese

Electronic Theses and Dissertations

Growth mixture modeling (GMM) is a methodological tool used to represent heterogeneity in longitudinal datasets through the identification of unobserved subgroups following qualitatively and quantitatively distinct trajectories in a population. These growth trajectories or functional forms are informed by the underlying developmental theory, are distinct to each subgroup, and form the core assumptions of the model. Therefore, the accuracy of the assumed functional forms of growth strongly influences substantive research and theories of growth. While there is evidence of mis-specified functional forms of growth in GMM literature, the weight of this violation has been largely overlooked. Current solutions to circumvent …

Developing, Refining, And Testing The Intersectional Model Of Service Use: A Transgender And Nonbinary-Specific Model Of Healthcare Access, Jarrod Call

Electronic Theses and Dissertations

Transgender and nonbinary (TNB) people are more likely to experience negative health outcomes than cisgender (i.e., not TNB) people, but less likely to access healthcare services due to the systemic forces of transphobia and cisgenderism. Despite this, there are few theoretical models of healthcare access specifically designed for TNB people. This three-paper dissertation addresses this gap by developing, refining, and testing the Intersectional Model of Service Use (IMSU), a population-specific framework for researching TNB healthcare access. Manuscript one describes how the initial IMSU was developed from an integrative review of currently available TNB healthcare access literature. This initial IMSU was …