Digital Commons Network^™

Vista: October 4, 2018, University Of San Diego

USD Vista (1965-)

No abstract provided.

Does Sita Sing The Blues? Reworking The Ramayana Narrative, Claire Jacob

Undergraduate Honors Theses

This paper analyzes whether Nina Paley's 2008 animated film, Sita Sings the Blues, is consonant with Ramayana traditions by evaluating it in relation to the Valmiki Ramayana and Chandravati Ramayana.

Copley Connects | Fall 2018, Copley Library

Copley Connects Library Newsletter

From the Postcard Collection | 1
The Dean's Update | 2
Homecoming Celebration | 3
Lowriding/Lowriting with San Diego Public Library | 4
Faculty and Staff News | 5
Copley Library's Wish List | 6
College for Women Postcard Collection | 7
Save the Date: 2019 Digital Initiatives Symposium | 8
Give to the Library | 8

To Dust You Shall Return: A Theological Argument For The Human Compost Movement, Sydney N. Ederer

Undergraduate Honors Theses

This research paper analyzes Catholic, Daoist, and Jewish beliefs on death, the body, the soul, afterlife, and after death rituals in order to build a connection between these beliefs and human composting practices. It uses these three religious traditions to find support for and recognize potential opposition against the human compost movement. These conclusions are in turn used to make a claim for human composting. Thorough research and a careful analysis of religious beliefs and traditions surrounding death and the body provides theological support for human composting as a recommended method for body disposal after death. Therefore, this research is …

A Broader Vision For Climate Policy: Lessons From California, Alice Kaswan

San Diego Journal of Climate & Energy Law

As the federal role in addressing climate change shrinks, state and local action is once again taking center stage. States are facing innumerable challenging policy questions about the best mechanisms for addressing climate and energy, and many are looking to California for inspiration. This article focuses on a particular and unique feature of California’s approach: the integration of social and environmental justice concerns into the state’s climate and energy policies. As decisionmakers grapple with the fundamental and existential shifts associated with a clean energy transition, California’s efforts to incorporate environmental justice—and the state’s broader social, economic, and environmental vision–provide important …

Conscious Identity Performance, Leslie P. Culver

San Diego Law Review

Marginalized groups in the legal profession sometimes feel pressure to perform strategies to communicate their identity in a predominantly white legal profession. Relevant legal scholarship describes this phenomenon, for example, in terms such as covering and passing—largely forms of assimilation. The notion is that outsiders—women, people of color, LGBTQ—use these strategies to communicate with insiders—white, heterosexual, males—in ways designed to advance their status in the legal profession. This article expands on that scholarship by drawing on a theoretical framework that legal scholars have largely ignored: co-cultural theory. This interdisciplinary theory describes how non-dominant cultures communicate in a dominant society. In …

Vista: September 27, 2018, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: September 20, 2018, University Of San Diego

USD Vista (1965-)

No abstract provided.

Moving Beyond The Wto: A Proposal To Adjudicate Gmo Disputes In An International Environmental Court, Marguerite A. Hutchinson

San Diego International Law Journal

This Article begins with a brief summary of the scientific basis of creating GMOs and its historic precursors. The second section provides an overview of risks to humans and the environment. The third part of this Article analyzes the arguments put forward by both the United States and the E.U., which have defined the conflict between blocs of countries pushing GMOs abroad and those who persistently reject them. The fourth section evaluates the respective regulatory schemes imposed on GMOs by the United States and Europe, domestically and by international treaty. The success of these systems is evaluated in the fifth …

Tort Reform With Chinese Characteristics: Towards A Harmonious Society In The People's Republic Of China, Andrew J. Green

San Diego International Law Journal

This Article presents an analysis of tort law in China specifically focusing on personal injury tort law. It provides a general background on the role of tort law in society, and then it analyzes the specific laws, regulations, and cases that form the personal injury tort regime, covering both historical and recent laws. The article then explores the forces in society and politics that seem to be behind the new legal rules. It concludes by drawing attention to several steps that may be taken as part of further reform.

Equality In Germany And The United States, Edward J. Eberle

San Diego International Law Journal

This Article will proceed as follows. Part I will describe the methodology and approach of American and German equality law. The constitutional Courts of both countries value equality highly, resulting in strong and well developed jurisprudence. Each of the Courts employ a sliding scale of judicial scrutiny with the degree of scrutiny varying with the trait or personal interest affected by the governmental measure. Strict or extremely intensive scrutiny applies to measures targeting personal traits that especially affect a person's identity, like race, national heritage, or alienage under United States law, and race, sex, gender, language, national origin, disability, faith, …

Self-Defense, Necessity, And The Duty To Compensate, In Law And Morality, Kenneth W. Simons

San Diego Law Review

What is the proper scope of the right to self-defense in law and morality? How does this right compare to the privilege of necessity? Professor Uwe Steinhoff’s manuscript offers a distinctive and wide-ranging perspective on the controversial questions these privileges raise. This essay engages with a number of his arguments, particularly focusing on legal and moral duties of compensation.

First, this essay examines how Anglo-American tort law would likely address the defender’s liability in a variety of scenarios, including disproportionate, excessive, and unnecessary force; unreasonable and reasonable mistakes; and use of force against innocent aggressors. It next considers whether private …

The Vindication Of Good Over Evil: “Futile” Self-Defense, Douglas Husak

San Diego Law Review

The burgeoning self-defense literature, like that in most areas of moral and legal philosophy, typically begins with and seeks to rationalize our intuitions. I submit that the intuitive judgment of virtually all respondents, at least initially, is that IV is permitted to exercise her right of self-defense, however futile, and scratch WA. This intuition, I believe, is incredibly powerful and robust; I certainly have it myself. Yet quite a few philosophers and legal theorists contend IV is not permitted to employ futile self-defense against WA. Presumably, they believe IV must passively accept her fate without injuring WA. Why hold this …

Vista: September 13, 2018, University Of San Diego

USD Vista (1965-)

No abstract provided.

Evidence-Based Strategies For Reducing Post-Discharge Hospital E.R. Visits And Patient Initiated Calls In The Post Craniotomy Population, Homira Feely

Doctor of Nursing Practice Final Manuscripts

Evidence-based Strategies for Reducing Post-discharge E.R. Visits and Patient Initiated Calls in the post Craniotomy Population

Homira Feely, NP

Katherine Curran, BSN

Joseph Burkard, DNSc, CRNA

University of San Diego

OBJECTIVE

Health-care professionals are generally compassionate and well-meaning, but the infrastructure in which they function often has made the continuum of care between hospitals, outpatient settings and patients’ homes far from seamless. The result is a persistently high rate of emergency room visits and hospital readmissions within 30 days of a patient’s discharge – an avoidable pattern that has cost the U.S. health system tens of billions of dollars over …

Usd Magazine Fall 2018, University Of San Diego

University of San Diego Magazine (1992- )

Contents; Leading Change; Athletics; Together, We Lead; Celebrating Change; Class Notes; In Remembrance; Mark Your Calendar

Vista: August 31, 2018, University Of San Diego

USD Vista (1965-)

No abstract provided.

Bureau For Private Postsecondary Education, Daniel Ballinger, R. C. Fellmeth, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Department Of Insurance, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Punitive Preemption And The First Amendment, Rachel Proctor May

San Diego Law Review

In recent years, state legislators have begun passing a new breed of “punitive” preemption laws–those that impose fines, civil and criminal sanctions, and other sanctions on local governments and their officials as a consequence of passing laws or enacting policies that are inconsistent with state laws. This represents a significant change from traditional preemption, under which a local government could enact laws based on its view of preempting state statutes and applicable state constitutional provisions and, if necessary, defend its interpretation in court. When punitive preemption prevents a local lawmaking process from taking place, the state forecloses a unique form …

In Defense Of A Little Judiciary: A Textual And Constitutional Foundation For Chevron, Terence J. Mccarrick Jr.

San Diego Law Review

This Article hopes to help fill that “important gap in the administrative law literature.” And it proceeds in three parts. Part II offers a brief history of the Chevron doctrine and its discontents. It traces the doctrine’s origin and scope and ends by articulating the textualist and originalist critique of Chevron described above. Part III grapples with that criticism and offers a textualist and originalist defense of Chevron. Section III.A describes the textual footing for Chevron in the APA and argues that Chevron—if not commanded by the APA—does not upset the role it envisions for courts. Section III.B describes the …

Professional Heartbreakers: Male Entertainers And The Divide Between Popular Culture And History In Japan, Meradeth Lin Edwards

Theses

While prostitution in Japan is widely studied, there are seldom specific examinations of males in these roles. This paper uses primary sources and secondary sources to study men as purchasable commodities, and how these roles have shaped the fictional world as well as the real world in Japan.

2018 Learning How To Think Like An Engineer: A Design-Based Research Study Of Kid Spark Education’S Curriculum In Kindergarten, Tessa Tinkler, Megan Kelly, Ida Rose Florez

Youth, Education, and Literacy

This report, prepared by the Nonprofit Institute's Caster Center, documents the findings from a design-based research study of Kid Spark Education's early childhood engineering curriculum.

Bariatric Surgery Regain And Long-Term Weight Loss Among Women: Self-Efficacy, Social Support And Health Promotion Lifestyle Behaviors, Raelene Z. Brooks

Dissertations

Although bariatric surgery appears to produce success in a short period of time immediately after surgery, weight regain over time in this population cannot be ignored. Understanding the relationship between potential psychosocial predicting post-surgical variables influencing bariatric surgery may prevent long-term weight regain. The purpose of this research is to examine self-efficacy, social support, and lifestyle habits and their relationship to long term weight loss and regain in women post bariatric surgery. Weight regain is observed as early as 18 months to 2 years after bariatric surgery. Patients face challenges sustaining the dramatic lifestyle changes required to ensure positive long-term …

Humanities Center Annual Report 2017-2018, Humanities Center, University Of San Diego

Humanities Center Annual Reports

No abstract provided.

Modern Application Of The Islamic Principle Of Brotherhood: An Assessment Of The Syrian Refugees’ Relocation Solution In Egypt, Shams Al Din Al Hajjaji

San Diego International Law Journal

This Article argues that the Islamic principle of Brotherhood provides a feasible basis to solve the Arab refugee crisis. The Islamic solution is based on relocating Syrian refugees to Egypt. The solution has many positive factors that make it the most promising solution among the various other proposed solutions. The Syrian refugee crisis has been one of the major challenges for many Western countries, who have found themselves between a rock and a hard place, faced with two options. The first option involves agreeing to host the massive waves of refugees, to honor their principles of human dignity and morality. …

Crispr/Cas-9 Technologies: A Call For A New Form Of Tort, Kendall Lovell

San Diego International Law Journal

Once relegated to the domains of science fiction, modern day scientists and researchers are poised on the precipice of making genome editing clinically available. Once introduced into a clinical setting the effects of an off-target mutation or germline edit will remain largely unknown until health issues arise later in life or in the following generation. The novelty of the injuries that will arise require a system that is able to balance the interests of physicians with single and multi-generational plaintiffs, while providing a realistic framework for courts to follow. This comment offers a brand-new context that accounts for these needs …

Usd Magazine Summer 2018, University Of San Diego

University of San Diego Magazine (1992- )

Stay Connected; Contents; Torero News; Torero Athletics; Alumni Update; Community, Cubed; Leading Change; What was Broken is Now Whole; Class Notes; Mark Your Calendar

From Fallen Women To Founding Mothers: How Petty Criminals Became Pioneers On The Australian Frontier 1788-1828, Katherine Spencer

Undergraduate Honors Theses

Historians have often portrayed female convicts transported to the Australian colonies as victims of circumstance, exploited by Britain's outdated legal system, colonial authorities, and even their male counterparts. This research paper will seek to move away from the victimhood narrative that plagues the historical record of convict women and instead analyze female convict agency. Contrary to the current research on the subject, convict women in the Australian penal colonies had agency to improve their lives given their unique circumstances. Despite poor conditions, discrimination, and their image as unredeemable “fallen women” among English society, convict women were resourceful, resilient, and able …

What’S Keeping America’S Heroes Awake? Screening For Obstructive Sleep Apnea In Male Veterans With Hypertension And Diabetes, Aaron James Stirling

Doctor of Nursing Practice Final Manuscripts

Purpose: To reduce cardiovascular risk through optimal obstructive sleep apnea (OSA) management with proactive screening utilizing the Epworth Sleepiness Scale (ESS) in male Veterans with hypertension (HTN) and diabetes mellitus (DM).

Background: OSA is a common finding in primary care, with 1 in 5 adults feeling its effects: excessive sleepiness, impaired cognition, reduced quality of life and increased mortality. Unmanaged OSA has been highly correlated with increased cardiac risk in populations with chronic diseases such as HTN and DM. Fortunately, identification and treatment of OSA has been shown to improve cardiovascular outcomes and reduce mortality. Evidence supports outpatient screening to …