Digital Commons Network^™

Weaving Color Lines: Race, Ethnicity, And The Work Of Leadership In Social Change Organizations, Sonia Ospina, Celina Su

Publications and Research

For social change organizations working to address intractable social problems throughout the USA, tackling race may not only be unavoidable; it may represent a way to fully engage stakeholders in social change work. We argue that illuminating the relationship between race and leadership can advance our under- standing of how social change leadership happens in practice. We build upon scholarship that emphasizes the ways in which seemingly essentialist, intractable racial categories are actually mutable, and the simultaneous emergence of academic research calling attention to the constructed and collective dimensions of leadership. Using a constructionist lens to analyze narratives from 22 …

U.S. Class Actions And The "Global Class", George A. Bermann

Faculty Scholarship

Robert Casad's articles on comparative civil procedure were among the first comparative law pieces that caught my eye when, as a freshly-minted associate at a leading New York law firm, I found myself leafing through comparative law journals, rather than amassing billable hours. I had no idea then that comparative law could be as fascinating as I have come to find it, certainly not in a field like civil procedure where the dividends of comparative law work were by no means obvious to me. (Comparative law was not even taught in any guise at Yale Law School in the late …

Métodos Qualitativos E Quantitativos Na Pesquisa Sobre Stress Ocupacional, Irvin Sam Schonfeld, Edwin Farrell

Publications and Research

O presente artigo examina as formas pelas quais os métodos qualitativos e quantitativos se apóiam mutuamente na pesquisa sobre o stress ocupacional. Os métodos qualitativos incluem (a) obtenção de informações a partir de descrições livres de vivências no trabalho, (b) observações diretas, cuidadosas no local de trabalho e (c) observadores participantes que descrevem uma determinada experiência de trabalho a partir do local onde ela ocorre. Mostra, também, como a pesquisa qualitativa estimula o desenvolvimento de teorias, a geração de hipóteses e a identificação de estressores no trabalho e de respostas de coping. As limitações da pesquisa qualitativa, especialmente na área …

"Duty-Defining Power" And The First Amendment's Civil Domain, Timothy Zick

Faculty Publications

In Rethinking Free Speech and Civil Liability,1 Daniel Solove and Neil Richards attempt something truly ambitious. The authors seek to map coherent boundaries for the First Amendment’s vast civil domain. Their project merits serious attention. Currently, different rules apply to civil liability for speech depending on whether the liability arises in tort, contract, or property. Solove and Richards claim that these boundaries are unworkable, under-theorized, and in some cases destined to collide. They develop a framework for mapping the First Amendment’s civil domain that is based upon a distinction regarding the type of power the state exercises in various civil …

The Lawyer As Catalyst Of Social Change, James E. Moliterno

Faculty Publications

No abstract provided.

Mercer Family Collection, Zach S. Henderson Library Special Collections

Finding Aids

This collection consists of materials related to the family of American lyricist and songwriter, Johnny Mercer. Materials span 1906 to 2010 and include letters, photographs, published material, newspaper clippings, memorabilia and unpublished manuscripts. The collection focuses on the Mercer family, especially Lilian C. Mercer and Nancy Mercer Gerard, as well as the life and career of Johnny Mercer.

Find this collection in the University Libraries' catalog.

Tiered Originality And The Dualism Of Copyright Incentives, Shyamkrishna Balganesh

Faculty Scholarship

In a a well argued and thought-provoking new article, Gideon Parchomovsky and Alex Stein attempt to give copyright’s requirement of originality real meaning, by connecting it to the system’s avowed institutional goals.1 To this end, they focus on disaggregating originality into three tiers and providing creative works within each tier with a different set of rights and liabilities. Parchomovsky and Stein are indeed
correct to lament the meaninglessness of originality under current copyright doctrine. Yet their proposal does not quite fully explore the incentive effects of differentiated originality, especially as between upstream and downstream creators. Nor does it tell us …

What Has To Change For Forests To Be Saved? A Historical Example From The United States, Jedediah S. Purdy

Faculty Scholarship

This article looks at the conservation of American forests in the nineteenth and twentieth centuries to cast light on the prospects for global forest conservation in the twenty-first. At the beginning of the nineteenth century, Americans understood their forests as good only for cutting. By the end of the century a national scheme existed for comprehensive and permanent forest conservation. This new scheme became possible thanks to changes in scientific knowledge, the ideological self-image of the country, political institutions, and the imagination and moral commitments of citizens and social movements. A look at the changes that laid the foundations of …

A Few Questions About The Social-Obligation Norm, Jedediah S. Purdy

Faculty Scholarship

I applaud Gregory Alexander for proposing an innovative view of property, one focused on the obligations of ownership. His project locates what I think of as the liberal aim of personal freedom (meaning both formal autonomy and real opportunity) within a social context of distributive choices and conceptions of mutual obligation. That is, he is asking what counts as a free society, and he is putting property regimes at the center of the answer. I want to set out some questions about where his project goes from here.

The 60th Anniversary Of The Prc: A Retrospective On The Chinese Legal System – Introduction, Benjamin L. Liebman

Faculty Scholarship

Since its establishment in 1987, the Columbia Journal of Chinese Law and its successor, the Columbia Journal of Asian Law, have played an important role in publishing English language scholarship about the law of China and Asia. An important part of this mission has been the publication of scholarship not only by scholars in the United States and Europe, but also by scholars from China and elsewhere in Asia. I am delighted that this special edition of the Journal, marking the sixtieth anniversary of the establishment of the People's Republic of China and thirty years of legal reforms in China, …

The Cultural Defense: Reflections In Light Of The Model Penal Code And The Religious Freedom Restoration Act, Kent Greenawalt

Faculty Scholarship

I wrote this essay after participating in a 2006 workshop on Criminal Law and Cultural Diversity, which discussed, among other subjects, the wisdom of providing a "cultural defense." Uncertain just how far such a defense might expand on defenses already available, I undertook to explore that topic.

The phrase "a cultural defense" suggests an either/or choice that any legal system might make. That matters are much more complex than this is part of the burden of this essay. A "cultural defense" in its most general sense refers to a wide range of ways in which evidence about a defendant's cultural …

Tax Policy Challenges, Michael J. Graetz

Faculty Scholarship

In 1995, when the late, great Jack Nolan asked me to deliver the inaugural lecture in honor of Larry Woodworth, I was both honored and flattered. I had come to know Larry Woodworth beginning in 1969, when I was a rookie treasury tax policy staffer. At that time, he had already served the Joint Committee on Taxation for 25 years and had been the third Chief of Staff in its history beginning as chief of staff in 1964. Larry Woodworth was not only as knowledgeable about the tax law as anyone you would ever hope to meet, and as savvy …

Green Helmets: Eco-Intervention In The Twenty-First Century, Linda A. Malone

Faculty Publications

No abstract provided.

The Rule Of Law And The Exemption Strategy, Kent Greenawalt

Faculty Scholarship

Do exemptions from ordinary legal requirements for religious individuals and groups contravene the rule of law? If they do only sometimes, rather than always or never, under what circumstances do they do so? This Article explores these intriguing questions, raised powerfully by Marci Hamilton's important and challenging book God vs. the Gavel.

I offer some general observations about the concept of the rule of law, sketch problems posed by religious exemptions, survey various accepted features of our legal order that may seem similarly in tension with the rule of law, and consider in detail the significance of certain kinds of …

Intervention To Stop Genocide And Mass Atrocities: International Norms And U.S. Policy, Matthew C. Waxman

Faculty Scholarship

The collective international failure to stop genocidal violence and resulting humanitarian catastrophe in Sudan prompts the familiar question of whether the United States or, more broadly, the international community has the political will and capabilities necessary to deter or stop mass atrocities. It is well understood that mobilizing domestic and international political support as well as leveraging diplomatic, economic, and maybe even military tools are necessary to stop mass atrocities, though they may not always be enough. Other studies have focused, therefore, on what steps the United States and its international partners could take to build capabilities of the sort …

Corruption And Development: The Armenian Case, Phillip J. Bryson, Sevak Tsaturyan

Faculty Publications

To determine the relationship between corruption and economic growth variables, we undertake a general analysis of those relationships for 39 countries over an eleven year period. Since the data on corruption specific to Armenia are insufficient for an econometric analysis, we undertake a case study of that country to illuminate the relationships determined by the empirical analysis. We find corruption to be a hindrance for overall economic performance, since there is a strong negative correlation between corruption indices and real per capita GDP. Regressing real Foreign Direct Investment on corruption, however, we found no strong relationship between the two. Nor …

Happy Families? Translating Positive Psychology Into Family Law, Clare Huntington

Faculty Scholarship

Despite the well-documented finding in the field of positive psychology that close interpersonal relationships are significantly correlated with subjective well-being and thriving communities, scholars have yet to bring together positive psychology and family law. And what is family law if not the law of close interpersonal relationships? Positive psychology and related work have the potential to inform the what, the why, and the how of family law, but realizing the potential of positive psychology as a guide for family law involves challenges. In particular, it requires translating the descriptive science of psychology into the prescriptive policies of family law. This …

Constitutional Limits On Punitive Damages Awards: An Analysis Of Supreme Court Precedent, Dorothy S. Lund

Faculty Scholarship

Over the last fifteen years, the Supreme Court has formulated new constitutional principles to constrain punitive damages awards imposed by state courts, invoking its authority under the Due Process Clause of the Fourteenth Amendment. This intervention has been controversial from the start, generating dissents from several Justices asserting that the actions of the Court are unwarranted and amount to unjustified judicial activism. Over the ensuing years lower courts and commentators have criticized the Court’s prescription of procedural and substantive limitations, finding them to be vague and unnecessarily restrictive of state common law prerogatives. Some observers with an economic orientation have …

Natural Disorder: The Animal Image In French And British Art Before Darwin, C. 1790-1859, Noelle Paulson

All Theses and Dissertations (ETDs)

This study of the animal form in French and British art reveals humanity's shifting self-image as new theories of species transmutation replaced hierarchical models of nature in the half-century before the publication of Charles Darwin's On the Origin of Species in 1859. To assert various qualities of difference, distance, similitude, and proximity between species, visual artists represented animals either in humanized guises or in contexts of encounter with humans. Animal imagery was especially malleable during this period when science and pseudo-science both confronted the possibility that species were susceptible to gradual change over time rather than fixed in form since …

Batf Regulates Previously Unknown Ap-1 Target Genes To Control Th17 Differentiation, Barbara Schraml

All Theses and Dissertations (ETDs)

Activator protein 1: AP-1) transcription factors are dimers of Jun, Fos, musculoaponeurotic fibrosarcoma: MAF) and activating transcription factor: ATF) family proteins that are characterized by a basic region and a leucine zipper domain. While many AP-1 proteins also contain defined transcriptional activation domains: TADs), some consist only of a basic region and leucine zipper and are thought to function as inhibitors of AP-1 activity. We found that the AP-1 protein Batf, which lacks a TAD, is highly expressed in T helper cells compared to various other immune cells and tissues. IL-17-producing T helper: TH17) cells are a CD4+ T cell …

Role And Regulation Of Escrt-Iii In Multivesiculr Body Biogenesis, Soomin Shim

All Theses and Dissertations (ETDs)

Endosomal sorting complex required for transports: ESCRT) machinery responsible for multivesicular body: MVB) biogenesis is essential for receptor downregulation, viral budding and cytokinesis. ESCRT-III is a large polymer built from related ESCRT-III proteins that is thought to help generate intralumenal vesicles: ILVs) within the MVB. How ESCRT-III functions is poorly understood. Although ESCRT-III assembles on the endosomal membrane, its components are predominantly soluble in the cytoplasm. I found that the transition between these two states is controlled by autoinhibitory domains within ESCRT-III proteins, which I identified by structure/ function analysis in four human ESCRT-III proteins - Charged multivesicular body protein2A: …

Runx1 In Primitive Hematopoiesis And Characterization Of Hematopoietic Stem Cells In A Mouse Chronic Inflammatory Arthritis Model, Yunglin Ma

All Theses and Dissertations (ETDs)

Hematopoietic cells are essential for growth and survival throughout adult life. Two different aspects of hematopoiesis are addressed in this dissertation. I. The regulation of primitive hematopoiesis by Runx1 and TGF-beta signaling. Primitive hematopoiesis, occurring exclusively in the yolk sac, is characterized by its transient nature. As the primitive hematopoiesis declines in the yolk sac, definitive hematopoietic progenitors generated in the yolk sac and/or embryo take over in blood cell production. Whether the transition from primitive to definitive hematopoietic program reflects a mere shift in hematopoietic sites or whether it is an actively regulated process is currently unknown. Runx1 is …

Accurate Docking Is Achieved By Decoupling Systematic Sampling From Scoring, Jianwen Feng

All Theses and Dissertations (ETDs)

This dissertation discusses two main projects from my thesis work. The first project focuses on the development of a small molecule docking program, SKATE, for drug discovery. The second project focuses on the critical analysis of the thermal stability of a mini-protein, FSD-1. SKATE is a novel approach to small molecule docking. It removes any inter-dependence between sampling and scoring to improve docking accuracy. SKATE systematically and exhaustively samples a ligand's conformational, rotational and translational degrees of freedom, as constrained by a receptor pocket, to find sterically allowed poses. A total of 266 ligands were re-docked to their respective receptors …

Insights From Research On Distance Education Learners, Learning, And Learner Support, Richard E. West

Faculty Publications

This article reviews the key ideas related to increasing student learning and support described in selected chapters from the second edition of the Handbook of Distance Education (Moore 2007). These chapters described research findings related to the impact of distance education on learners in general (student autonomy, cognition, social learning, and satisfaction), as well as specific subgroups of distance students and instructors (K-12, female, and disabled students as well as academic advising and library services). This article concludes with brief recommendations for future research in each of these areas.

Engaging Students In Writing Labs: An Empirical Study Of Reading And Commenting On Student Papers, Joyce Adams

Faculty Publications

Writing Center literature fails to come to a consensus on whether students or tutors should read student papers during tutorials. This empirical study sought to discover whether the choice of reader and the timing of the tutors’ comments affected the engagement of the student in the tutorial. The study explored six patterns of reading and commenting styles with 30 trials of each. Both students and tutors completed evaluation forms following each tutorial; the results include a summary of the quantitative outcome, as well as insightful comments that were included on the evaluation forms. Both students and tutors believe that it …

Teaching Egyptian History: Some Discipline-Specific Pedagogical Notes, Kerry M. Muhlestein

Faculty Publications

This paper was originally given at the professional workshop In Search of Egypt's Past: Problems and Perspectives of the Historiography of Ancient Egypt; A North American workshop at the University of British Columbia, Vancouver, inaugurating the Journal of Egyptian History, April 23-24, 2008, most of the remaining papers of which will appear in Fascicle 2 of this journal. While many Egyptologists teach Egyptian history, we often fail to carefully conceive of just what this means. Teaching history is more than conveying facts about a time period, it is also teaching how to analyze and (re)construct history. Our classes may often …

Effective Medium Theory, Rough Surfaces, And Moth’S Eyes, David D. Allred, Zephne Larsen, Joseph Muhlestein, R. Steven Turley, Anthony Willey

Faculty Publications

Optics in the extreme ultraviolet (XUV) have important applications in microelectronics, microscopy, space physics, and in imaging plasmas. Because of the short wavelengths involved in these applications, it is critical to account for interfacial roughness to accurately predict the reflection and absorption of XUV optics. This paper examines two possible effects of roughness on optical absorption, non-specular reflection and enhanced transmission and compares these to measured experimental data on a rough Y2O3 thin film.

We Know No North, No South, No East, No West: Mormon Interpretations Of The Civil War, 1861-1865, Richard Bennett

Faculty Publications

While peace reigns in Utah, civil war, with all its horrors, prevails among those who earnestly desired to see the soil of these valleys crimsoned with the blood of the Saints, and, if we are mistaken in the signs of the times, before the conflict between the North and South shall have ended, all they unitedly desired to see meted out to the Mormons, will be poured out without measure upon those who have initiated the war of extermination, and are now carrying it on with all the energy they severally possess. So read the lead editorial in the Salt …

‘Preflections’ From The Class Of 2008 Aect Conference Interns, Richard E. West, Jeongmin Lee, Raymond Pastore, Mengqiao Xu, Cindy S. York

Faculty Publications

In 1978, Earl F. Strohbehn, professor of education at San Jose State University, established a trust fund through the ECT Foundation to help support a deserving graduate student's attendance at the Lake Okoboji [Iowa] Leadership presentation. His mentor and friend, Lee Cochran inspired the Okoboji presentation to develop leaders in the field of educational communications and technology. Earl Strohbehn began his profession in the audiovisual field in 1945 as Director of Audiovisual Services in the Cedar Falls, Iowa Public Schools. It was his wish that in the event the Lake Okoboji presentation was discontinued, his donation would be used to …

School-Based Mentoring For At-Risk Elementary Students, Shauna Valentine, Gary Wall, Paul Caldarella, Lynnette Christensen, K. Richard Young, Allen Gurney

Faculty Publications

Advantages of School-based Mentoring: Less Costly; Identify More Children via the School Context; School Resources Staff Administration; More Convenient for Volunteers; Time Commitment; Mentors Feel Safer; Establish Community Support within school.