Digital Commons Network^™

Mignone, Fernandez, Guarnieri: Brazilian Guitar Music After Villa-Lobos, Fabio Zanon

Soundboard Scholar

This article challenges the widespread perception of Heitor Villa-Lobos as an isolated peak in Brazilian musical culture with no natural successors. The author focuses on the composers who followed Villa-Lobos—Francisco Mignone, Oscar Lorenzo Fernandez, and Camargo Guarnieri—arguing that their works deserve far more attention in international concert life, not least their contributions to the guitar repertoire.

These twentieth-century Brazilian composers are situated within a broader historical narrative that traces the impact of European colonial models, the delayed and contested formation of musical nationalism in Brazil, and the shifting aesthetic and political conditions of the twentieth century. Analytical discussions of representative …

Skrmetti And The Problem Of Incidental Intent, Martin J. Katz

Sturm College of Law: Faculty Scholarship

The modern Supreme Court has defined “discriminatory intent” as a strict-liability concept. It does not matter why the government sorts people by a protected characteristic, such as race or sex; it matters only that the government does sort people by such a characteristic. This principle is the key holding of affirmative-action cases, such as Students for Fair Admissions, Inc. v. President & Fellows of Harvard College. Yet, in the recent case United States v. Skrmetti, the Court seemed to focus not on the question of whether the government sorted people by sex (it did), but on the question …

Vol. 29, No. 1: Masthead

Water Law Review

No abstract provided.

Robert Macfarlane, Is A River Alive?

Water Law Review

No abstract provided.

Vol. 29, No. 1: Full Issue

Water Law Review

No abstract provided.

The Old Flows With The New: Interstate Compacts As A Modern Mechanism For Water Governance On The Colorado River, Zachary Alberts

Water Law Review

When first researched in the summer of 2024, this article sought to examine the theoretical inability of Colorado River Basin States to negotiate a new water deal in the wake of the Federal Government’s proposed intervention in 2023. Since pre-publication, a new administration has taken aggressive hold of federal agencies, the Basin States have still not reached an agreement to divide Colorado River water, and as 2025 draws to a close, the state of Colorado is possibly facing its driest winter in history. This article seeks to do one thing: reintroduce interstate compacting as a tool to reduce friction in …

Dammed Water Markets: How Western Water Transfer Markets May Be Inhibiting An Efficient Allocation Of Water, Robert Putka

Water Law Review

Water transfer markets, in theory, provide a pareto-optimal solution to increasing water scarcity. The experience of municipal water purchasers, however, does not appear to square with theory. Indeed, municipal purchasers facing water supply shortfalls often pay comparatively exorbitant premiums for marginal units of water; this evidenced prices-paid differential is likely imputable to allocative inefficiency in water transfer markets—i.e., prices paid by municipal water purchasers are distorted above the marginal cost of supplying the water. Broadly, the hypothesized allocative inefficiency is a market failure in-and-of-itself, calling into question normative arguments that water transfer markets provide for an ideal mode of resource …

Open To The Public: Legal Protections For Public Access To Shifting Ocean And Great Lakes Shorelines, Emma Ehrlich, Cora Sutherland, Melissa Scanlan

Water Law Review

Shorelines and beaches are shifting and eroding as climate change causes ocean levels to rise and the Great Lakes to alternate between more erratic high and low water levels. Two common responses to shifting shorelines and erosion are hard shoreline armoring and beach nourishment. However, these responses raise concerns regarding access to public trust resources. Shoreline armoring can restrict public access to the oceans and Great Lakes, as well as diminish their sandy beaches. Government-funded beach nourishment projects may also take place near private homes, resulting in questions as to who is benefiting from these publicly funded projects.

This Article …

How To Describe A Massacre? A Collaborative Metadata Justice Project, Bailey Hoffner, Eugene Albin, Jennifer Watson, Jay Shorten, Jacquelyn Slater Reese, Todd Fuller, Karie Antell

Collaborative Librarianship

Throughout the summer of 2020 and into the following fall, a cross-unit working group at the University of Oklahoma Libraries (OU Libraries) collaborated to compile and submit a proposal to change the Library of Congress Subject Heading (LCSH) Tulsa Race Riot, Tulsa, Okla., 1921 to Tulsa Race Massacre, Tulsa, Okla., 1921. The working group members situated this project in the context of the metadata justice movement, which seeks to correct problematic descriptions. They also see this proposal as part of the broader work undertaken over many decades by Tulsa activists and community leaders. This successful proposal required working group …

Archives West At Twenty Years: Sustainability Through Community, Jodi Allison-Bunnell, Maija Anderson, Trevor J. Bond

Collaborative Librarianship

Archives West is a regional aggregation of descriptions of archival collections held by institutions in the Pacific Northwest and Mountain West. While many similar regional aggregations have struggled to reach sustainability, Archives West is one of a few that is fully funded by its participants, and continues to grow in both scale and scope. We hypothesize that there are unique cultural qualities of the Archives West community that have supported its growth, including a philosophy of empowering participants, transparent budget processes, clear statement of value to resource providers, and maintaining expectations that all institutions will contribute through service and fees.

Islamic Political Anti-Theology: A Discursive Practice Of Contingency Beyond Sovereign Politics, Jason Andrus

Electronic Theses and Dissertations

Contributing to the field of political theology from outside the European Christian tradition, this dissertation develops a description of the distinct logics that Islamic theology generates from its metaphysical assumptions. These logics in turn make possible a discourse of political anti-theology where politics operates through contingency rather than sovereignty. Political theology scholarship has excavated how modern politics derives from secularized Christian theological concepts—particularly transcendent sovereignty. This study demonstrates that Islamic theology's absolute insistence on divine transcendence (tawhid) produces something fundamentally different: a politics that renders sovereign authority conceptually impossible. I identify this discursive practice of political anti-theology through …

Exploring The Impact Of Statistics Course Modality On Student Learning: A Mixed Methods Approach, Becky Kelleman

Electronic Theses and Dissertations

The importance of statistical literacy has become increasingly evident, as individuals grapple with interpreting statistics to inform critical decisions. Despite the recognized significance of statistical literacy, challenges persist in both educators’ and students’ efforts to navigate the complexities of statistics education. The purpose of this study is to explore the impact of different course modalities on undergraduate students’ academic performance in introductory statistics courses. Using Social Cognitive Theory (SCT) as a theoretical framework, this research aims to shed light on the complex dynamics influencing statistical literacy attainment. By addressing gaps and inconsistencies in the current literature, this study seeks to …

Frameworks For Repatriation: Moving Beyond Nagpra, Ashley Joplin

Electronic Theses and Dissertations

Museums and similar federally funded educational institutions have been collecting human remains since the Enlightenment era in the 1800s. Since then, these institutions have developed various collections practices that have encouraged the collection of human remains. Often unethical in nature, these collections have harmed historically marginalized communities, such as Indigenous and African American communities. While the ethics of collecting have been under scrutiny for decades, it was not until 1990 under the Native American Graves Protection and Repatriation Act (NAGPRA) that mainstream attention was drawn to the ethics of collections practices.

This thesis explores these collections practices and the repatriation …

From Red To Green: Using Gis To Examine Colorado’S Inequitable Housing Patterns In Urban Greenspace Accessibility, Jessica Howard Karr

Geography and the Environment: Graduate Student Capstones

Urban greenspaces provide numerous benefits to the mental and physical health of nearby people who access these locations for physical recreation, social interaction, and contemplation. Discriminatory urban planning policies from the past, such as redlining, have ensured that greenspace access is not always equitable for communities with diverse racial and socioeconomic compositions. This project utilizes Geographic Information Systems (GIS) to determine relationships between tree cover canopy, greenspace percentage within a census tract, and greenspace accessibility within a graded census tract system based on demographics and historic redlining locations in the Colorado cities of Denver, Colorado Springs, and Pueblo. The results …

Considerations And Guidelines For Clinical Training And Professional Practice In The Area Of Psychotherapy Termination, Elyssa L. Jampolsky

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

Treatment termination occurs, invariably, in every psychotherapy relationship. Closing the therapy relationship is often a complex process and requires targeted training for psychotherapists to terminate treatment competently and in a way that preserves gains made and fosters continued client growth. Discontinuation of psychotherapy services requires practitioners to apply ethical knowledge, clinical expertise, and relational boundaries. Further, the nuances of forced, end-of-year termination in clinical training environments necessitates targeted supervision and explicit guidelines. Surprisingly, termination practices are underemphasized in training programs and in the literature. The current paper will review the extant literature related to psychotherapy termination broadly as well as …

Reproducibility In Modeling Of Knee Joint Mechanics, Maryam Nazem

Electronic Theses and Dissertations

Computational modeling of knee joint biomechanics can provide valuable insights into joint function, injury mechanisms, and patient outcomes, and can support surgical planning and informed clinical decision-making. However, achieving consistent and repeatable results, or reproducibility, is a significant challenge that affects the credibility of these models. This thesis addresses reproducibility through two studies related to the KneeHub Project, which is a multi-institutional collaboration designed to investigate reproducibility in finite-element modeling of the knee.

The first study involved model benchmarking, where predicted results of the calibrated models were compared with the experimental data to evaluate model reproducibility. While all models replicated …

Doughnut Economics And Strong Sustainability: Rethinking The Role Of Financial Investment, Isabelle Pierotti

Electronic Theses and Dissertations

This thesis investigates how private investment could align doughnut economic framework. Doughnut economics is a strong sustainability economic framework where the economy operates within planetary boundaries while ensuring social equity. Theories of sustainable development, weak sustainability, and strong sustainability are discussed to provide theoretical context for doughnut economics and mainstream economics. The analysis concludes that conventional, profit maximizing private investment does not support a doughnut economics system by supporting the depletion of natural resources and exacerbating social issues. Sustainable mainstream investment also fails to support a doughnut framework. Lastly, while impact investment is theoretically committed to social and financial returns, …

Capacity, Allocation And Update Dynamics Of Human Memory Systems, Shaoying Wang

Electronic Theses and Dissertations

Information is encoded and stored in three types of memory: sensory memory (SM), short-term memory (STM), and long-term memory (LTM). SM has a large capacity but retains information for only a brief period. When information transfers to STM, only a limited amount can be stored. Information in STM can then be transferred to LTM, which has a much larger capacity and longer retention time. STM is often conceptualized as working memory (WM) to highlight its role in active information processing. Due to the limited capacity of STM, it is commonly believed that STM serves as the bottleneck for information processing. …

A Lost Culture Of Touch And Sound: The Contribution Of Visually Impaired Musicians To The Evolution Of The Spanish Guitar, Marco Ramelli

Soundboard Scholar

In the story of music-making, blind musicians have played an intrinsic role, helping to drive the development not only of musical styles but also of instruments, instruction, and aesthetics. Many musical practices were cultivated first within blind communities and adopted only later by sighted musicians, often with a gradual erasure of their original context. The history of the Spanish guitar offers a compelling case study of this progression, demonstrating how the contribution of blind musicians could be both wide-reaching and yet, over time, forgotten. The history of this contribution is challenging to recover, for in Spain as elsewhere, blind musicians …

Soundscapes, Pioneers, And Practices: Laying The Foundations Of The Russian Guitar, Wojciech Gurgul

Soundboard Scholar

A review of The Seven-String Guitar in Russia: Its Origins, Repertoire, and Performance Practice, 1800–50, by Oleg Timofeyev (Cambridge Scholars, Newcastle upon Tyne, 2023), Worldcat, publisher's website

Vol. 103, No.1: Table Of Contents, Denver Law Review

Denver Law Review

No abstract provided.

The Misconceived Personal-Benefit Requirement Of Insider Trading Law: About The Insecurities Markets, Kenneth R. Davis

Denver Law Review

In Dirks v. SEC and Salman v. United States, the Supreme Court held that, under Section 10(b) of the Securities Exchange Act, tipper/tippee liability arises only if the tippee confers a benefit on the tipper. The ostensible justification for this rule arises from a mistaken premise. The error is rooted in the so-called classical theory of insider trading. When a corporate insider trades on material, nonpublic corporate information, the Supreme Court has held that the insider faces liability because that person profited from the trade. Building on this mistaken premise, the Court has held that when a tipper receives a …

Vol. 103, No.1: Full Issue, Denver Law Review

Denver Law Review

No abstract provided.

Constitutional Dead Zones: Problematic Trends For Seizures Of Cell Phones Connected To The Recording Of Protests And Police Activity, Zachary R. Cormier

Denver Law Review

Cell phones are free speech machines. They have been particularly important in recent social movements because they allow an individual to record protests or police activity and share such experiences with a world-wide audience on social media. In these circumstances, the Fourth Amendment’s protection of an individual’s unfettered property right to possess their cell phone overlaps with their First Amendment right to engage in these core free speech activities. Both rights are put to the test when there is conflict with police in connection with the recording. My survey of recent case law provides numerous examples where an individual’s cell …

"Fixing" The Classical Legal Tradition, Jamie G. Mcwilliam

Denver Law Review

A “moral turn” in jurisprudence—in which scholars and judges are making overt appeals to the classical legal tradition and its natural law principles—has been gaining steam. Originalism, with its focus on posited law, is increasingly viewed as a morally empty jurisprudence. But positive law is a necessary, though not sufficient, component of the classical tradition, providing the means for a society to advance the common good. With that in mind, this Article explains how certain core originalist theses provide a deeper understanding of the mechanics of how positive law fulfills its moral role. It, therefore, argues that these concepts should …

The Paradox Of Federal Oversight In Police Misconduct Investigations, Ilana M. Friedman

Denver Law Review

This Article examines the relationship between state prosecutors, federal prosecutors, and the Civil Rights Division inside the United States Department of Justice in conducting police misconduct investigations and prosecutions. While previous literature documents prosecutors’ enormous concentration of power, they remain an understudied population in the criminal legal system, particularly in how they investigate and prosecute police officers accused of crimes. To remedy this gap, I conducted over fifty interviews with prosecutors, civilian investigators, and other legal professionals working in the domain of police misconduct investigations and prosecutions in multiple field sites around the United States. This Article is one of …

The Protection Illusion: Sexual Harassment Policies And Low-Wage Workers, Sherley Cruz

Denver Law Review

“To be heard as complaining is not to be heard. To hear someone as complaining is an effective way of dismissing someone. You do not have to listen to the content of what she is saying if she is just complaining . . . .” –Sara Ahmed, Complaint! This Article reveals how workplace sexual harassment policies may appear legally compliant but actually create significant barriers to reporting. The non-reporting of harassment eviscerates the protections the policies are supposed to provide employees by creating a loophole for employers to escape liability. A critical review of these policies under procedural and testimonial …

Legends, Lies, & Rewritten Lives: After The Little Bighorn: Forgotten Struggles Of Those Who Walked Away, Thomas B. Davidson

DU Textbooks

This Narrative is about an event that occurred on June 25, 1876, on the banks of the Little Bighorn River in what is now the state of Montana. Seen from a 21st century perch, it tells a story of a contest between the armed representatives of two different civilizations, each of which fought in the manner of its society. The narrative will attempt to balance the truth of what happened while also relating an engaging story, but without drifting into sensationalism. The narrative will go beyond a focus on the meeting of the soldiers from either group to explore the …

Arizona V. Navajo Nation: A Persistent Legacy Of Broken Promises, Holly Barrass

Water Law Review

No abstract provided.

Climate Change, Covid-19, Contracts, And The Colorado River Compact: Discharging The Upper Division's Delivery Of Non-Depletion Obligations Under Article Iii, Tim Duane

Water Law Review

No abstract provided.