Digital Commons Network^™

Indian Water Rights, Practical Reasoning, And Negotiated Settlements, Robert T. Anderson

Articles

This Article first reviews the few Indian water rights cases that the U.S. Supreme Court has decided. The Article then traces a threshold issue common to Indian water rights litigation in the federal and state courts: how to determine the purposes of a reservation for which a reserved water right should be implied. A review of major Indian water rights cases demonstrates the generally confusing state of the law in significant respects, especially with regard to the "purposes" determination.

This Article posits that the relative uncertainty in this area has created an environment in which creative, practical solutions to conflicts …

Direct Examination: Lawyer As Director, Maureen A. Howard

Articles

A trial lawyer presenting her case in chief through direct examination is somewhat like a film director: the lawyer thoroughly analyzes the case and develops a plan for the most effective way to present the case to the jury to best advance her theme and theory. Just as no script would play out on film the exact same way in the hands of different directors, no case would be presented in exactly the same way by different trial lawyers. Yet there are constants to be found in the steps effective trial lawyers take during their case in chief when presenting …

Racial Paradox In A Law And Society Odyssey, Mario L. Barnes

Articles

No abstract provided.

A Post-Race Equal Protection?, Mario L. Barnes, Erwin Chemerinsky, Trina Jones

Articles

No abstract provided.

From Chevron To Massachusetts: Justice Stevens's Approach To Securing The Public Interest, Kathryn A. Watts

Articles

During the past three decades, one Supreme Court justice— John Paul Stevens—has authored two of the most significant administrative law decisions that speak to the judiciary’s role in checking agency interpretations of the statutes that they administer. In Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., Justice Stevens’s landmark 1984 decision unanimously upheld the EPA’s construction of a term found in the Clean Air Act. Subsequently, in Massachusetts v. EPA, Justice Stevens’s 2007 opinion for a five-justice majority handed a major win to global environmental security by ordering the EPA to reconsider its refusal to regulate greenhouse …

People Can Be So Fake: A New Dimension To Privacy And Technology Scholarship, M. Ryan Calo

Articles

This article updates the traditional discussion of privacy and technology, focused since the days of Warren and Brandeis on the capacity of technology to manipulate information. It proposes a novel dimension to the impact of anthropomorphic or social design on privacy.

Technologies designed to imitate people-through voice, animation, and natural language-are increasingly commonplace, showing up in our cars, computers, phones, and homes. A rich literature in communications and psychology suggests that we are hardwired to react to such technology as though a person were actually present.

Social interfaces accordingly capture our attention, improve interactivity, and can free up our hands …

Taking Narrow Channel Collision Prevention Seriously To More Effectively Manage Marine Transportation System Risk, Craig H. Allen

Articles

This Article locates the narrow channel rule in the larger context of risk management in confined waters. It begins by examining the risks posed by vessel navigation in narrow channels and fairways in the United States and the risk management measures employed to eliminate or reduce those risks, including the narrow channel rule in the applicable rules of the road. The Article then identifies problems with the existing rule and examines several alternatives to address the problems. The Article concludes that mariners deserve clearer guidance on how to identify the waters where Rule 9 applies than they have so far …

"I'M Dying To Tell You What Happened": The Admissibility Of Testimonial Dying Declarations Post-Crawford, Peter Nicolas

Articles

This Article demonstrates the existence and delineates the scope of a federal constitutional definition of "dying declarations" that is distinct from the definitions set forth in the Federal Rules of Evidence and their state counterparts. This Article further demonstrates that states have state constitutional definitions of "dying declarations" (for purposes of interpreting state constitutional analogues to the Confrontation Clause of the Sixth Amendment) that may differ in important respects from the federal constitutional definition of "dying declarations."

This Article then shows that some of the definitions of "dying declarations" contained in federal and state hearsay exceptions exceed the federal and …

The Constitution Of Patent Law The Court Of Customs And Patent Appeals And The Shape Of The Federal Circuit's Jurisprudence, Jeffrey A. Lefstin

Faculty Scholarship

No abstract provided.

Church Schisms, Church Property, And Civil Authority, Calvin R. Massey

Faculty Scholarship

No abstract provided.

Myths Of California Water–Implications And Reality, Brian E. Gray, Ellen Hanak, Jay Lund, Ariel Diner, Richard Howitt, Jeffrey Mount, Peter Moyle, Barton "Buzz" Thompson

Faculty Scholarship

No abstract provided.

Hydroacoustic Survey And Point Sampling Of Macrophytes In Diamond Lake 2009, Joseph Eilers, Benn Eilers, Mark D. Sytsma, Rich Miller

Center for Lakes and Reservoirs Publications and Presentations

MaxDepth Aquatics, Inc. was contracted to conduct a hydroacoustic survey of macrophyte distribution in Diamond Lake in 2009. The survey essentially repeated surveys conducted in 2002 and 2007, allowing for a detailed assessment of conditions in 2009 and comparisons among previous years. In addition, Portland State University was contracted to conduct a depth stratified random point sample survey of macrophyte species presence and absence. The point sample survey was similar to surveys conducted in 2005 and 2007. The results of the 2009 hydroacoustic survey showed that macrophytes were widely distributed throughout the lake at depths less than 8 meters, although …

Oregon's Fish And Wildlife In A Changing Climate, Mark A. Hixon, Stanley V. Gregory, W. Douglas Robinson, C. Scott Baker, Harold P. Batchelder, Clinton Epps, Tiffany S. Garcia, Susan M. Haig, Ricardo M. Letelier, David A. Lytle, Bruce A. Menge, Jeffery C. Miller, David L.G. Noakes, William T. Peterson, James M. Rice, Steven S. Rumrill, Carl B. Schreck, Robert M. Suryan, Mark D. Sytsma, Angelicque E. White

Center for Lakes and Reservoirs Publications and Presentations

Chapter 7 in: The Oregon Climate Change Assessment Report

Oregon's fish and wildlife include animals on land, fish and other species in rivers and lakes, and various kinds of sea life in estuaries and coastal ocean. Oregon is one of the most ecologically diverse states in the country. The state’s robust biodiversity, some of which is already threatened or endangered -- inhabits complex and dynamic ecosystems that we have only begun to understand, let alone examine in terms of climate change.It is clear that the abundance and distribution of species are shifting already and will shift more rapidly as habitats …

Peeping Hals: Making Sense Of Artificial Intelligence And Privacy, Ryan Calo

Articles

The field of artificial intelligence, broadly defined as the study and practice of designing intelligent agents, is at least six decades into its existence as a formal discipline. Sometimes called “computational” or “synthetic” intelligence, AI borrows from and informs a wide variety of subjects, including philosophy, psychology, linguistics, neuroscience, statistics, economics, and law. Techniques of AI underpin all manner of industrial and consumer applications - from the complex neural nets used in data mining, down to the ‘fuzzy logic’ used by commercial washers and driers.

Insofar as “the issues of AI are directly related to [the] self-image of human beings”, …

An Examination Of The Reading First Program At A Southeastern Virginia Elementary School And The Impact On K–2 Student Reading Achievement, Leslie Ford Lippard

Teaching & Learning Theses & Dissertations

Reading First was a federal initiative aimed at improving reading instruction and implementing programs and strategies grounded in scientifically-based reading research. The legislation was predicated on research findings that high-quality reading instruction and intervention in the primary grades significantly reduces the numbers of students who experience difficulties in later grades. This study examined the Reading First program at an elementary school in southeastern Virginia from 2006-2008. Specifically, the researcher investigated the impact of the independent variable, the tier three model of intervention on K-2 student reading achievement. Quantitative data was garnered from 792 K-2 student participants attending the research site. …

Constrained Optimal Orbit Design For Earth Observation, Sharon D. Vtipil

Mechanical & Aerospace Engineering Theses & Dissertations

The purpose of this dissertation is to demonstrate use requirements for a satellite observation mission can be used to determine a constrained optimal orbit based on observation site requirements, observation condition restraints, and sensor characteristics. The typical Earth observation satellite is first designed according to an appropriate orbit; then the observation requirements are used to develop a target schedule. The new design process outlines the development of the appropriate orbit by incorporating user requirements at the forefront of mission planning, not after an orbit has been selected. This research shows how to map the user requirements into constraints for the …

Secondary English Teachers' Attitudes Toward Disciplinary And Literacy Learning Implications For Pedagogical Praxis And Reform, Stephanie Kay Sugioka

Teaching & Learning Theses & Dissertations

The purpose of this study was threefold: (1) to examine the epistemological stances of the two teacher participants, that is, to determine their attitudes toward student literacy and their beliefs about the purposes of English as a discipline; (2) to describe the interplay between their epistemological stances and their pedagogical practices, in particular with respect to their use of research-based literacy strategies; and (3) to arrive at a means of supporting them in their use of more effective pedagogical strategies, in this case including more in-depth discussion in their classes for the purpose of furthering their students' critical literacy. The …

Cockroaches, Ryan S. Davis

All Current Publications

Cockroaches are one of the most difficult structural pests to eradicate because of their ability to hide, rapid reproduction, and resistance to and avoidance of many commonly used insecticide sprays and baits. Using an integrated pest management (IPM) program can greatly increase the possibility of successful control. There are 4 cockroach species that commonly infest structures in Utah, each with a specific biology; identify invading cockroaches before you develop an IPM plan. Proper identification of any pest will allow you to understand its biology, and use it against itself!

Pregnant Man?: A Conversation, Darren Rosenblum, Noa Ben-Asher, Mary Anne Case, Elizabeth F. Emens, Berta E. Hernández-Truyol, Vivian M. Gutierrez, Lisa C. Ikemoto, Angela Onwuachi-Willig, Jacob Willig-Onwuachi, Kimberly Mutcherson, Peter Siegelman, Beth Jones

Faculty Scholarship

I'm a law professor who works on gender, sexuality, and culture in the international and comparative context. That's my head working. In "real" life, my partner, Howard, and I have been engaged in having a baby together for several years, a project that came to fruition with the birth of our daughter Melina. Of course, such a project evokes intensely complex feelings and thoughts. Beyond a simple transposition of the personal onto the political, I feel so fortunate to have engaged in myriad conversations with a variety of friends and colleagues who think much more carefully about the family and …

Clean Tech Reality Check: Nine International Green Technology Transfer Deals Unhindered By Intellectual Property Rights, Eric Lane

Santa Clara High Technology Law Journal

No abstract provided.

On-Site Renewable Energy And Public Finance: How And Why Municipal Bond Financing Is The Key To Propagating Access To On-Site Renewable Energy And Energy Efficiency, Jason R. Wiener, Christian Alexander

Santa Clara High Technology Law Journal

No abstract provided.

The Work-Family Interface In The United States And Singapore: Conflict Across Cultures, Adam M. Galovan, Tamara Fackrell, Lydia Buswell, Blake L. Jones, E. Jeffrey Hill, Sarah June Carroll

Faculty Publications

This article examines the work–family interface in a cross-cultural comparison between two nationally representative samples from the United States (n 􏰀 1,860) and Singapore (n 􏰀1,035) with emphasis on work–family conflict. Family-to-work conflict was negatively related to marital satisfaction in both Singapore and the United States, although the effect was stronger in the United States. Similarly, family-to-work conflict was positively related to job satisfaction in the United States but was negatively related in Singapore. As expected, schedule flexibility was negatively related to depression in the United States, but in Singapore the relationship was positive. These findings suggest that theoretical relationships …

Couple Relationship Education At Home: Does Skill Training Enhance Relationship Assessment And Feedback?, W. Kim Halford, Keithia Wilson, Bronwyn Watson, Tony Verner, Jeffry Larson, Dean M. Busby, Thomas Holman

Faculty Publications

To evaluate the effective components of couple relationship education, 59 newlywed couples were randomly assigned to one of two couple relationship programs (CRE): (1) RELATE, which involved receiving feedback mono their relationship based on the on-line RELATE assessment; or (2) RELATE + Couple CARE, which was RELATE plus completing the 6 unit Couple CARE relationship skill training program. Relative to RELATE, RELATE + Couple CARE produced more improvement in couple communication, and high relationship satisfaction across the next 12 months in women. Men sustained high and similar relationship satisfaction in either condition. Skill training CRE has additional benefits for couples …

Diversity Awareness Among A Diverse Business Student Population: Insights And Curriculum Implications From An Hispanic-American Serving University, Marvin Lovett, Irma S. Jones, Gerald Hollier, Dianna Blankenship

Teaching and Learning Faculty Publications

This paper addresses insights gathered from business students enrolled in an Hispanic Serving University and resulting curriculum implications related to the continued heritage of the United States to embrace cultures of others. Although awareness of the realities regarding past, current and future diversity within the United States is important for all citizens, such awareness is especially necessary for individuals planning to participate in the United States marketplace: business students. A historical perspective regarding the evolution and promotion of diversity within the United States is provided. Secondly, the current degree of diversity in the United States is presented through a descriptive …

Lessons Learned While Conducting Educational Program Assessment, Olivia Rivas, Irma S. Jones, Eli E. Pena

Teaching and Learning Faculty Publications

Assessment, accountability, and strategic planning are all processes that are included in accreditation for colleges and universities. For most colleges and universities, starting the reaffirmation process means identifying current assessment practices and reports from academic units and programs. This paper discusses the lessons learned during a successful completion of the reaffirmation process with a regional accreditation entity. The authors will present a model that includes an understanding of strategic planning, inclusion of faculty at all levels and affirms continuous learning and involvement in a dynamic process. Also included in the paper are additional tips and observations found useful by the …

Air Marshals: The Need For Legal Certainty, P. Paul Fitzgerald

Journal of Air Law and Commerce

No abstract provided.

The Misleading Legacy Of Tseng: Removal Jurisdiction Under The Montreal Convention, Nicholas D. Welly

Journal of Air Law and Commerce

No abstract provided.

Space Tourism And Export Controls: A Prayer For Relief, Mark J. Sundahl

Journal of Air Law and Commerce

No abstract provided.

Navigating The Turbulence Of Competing Interests: Principles And Practice Of The Federal Aviation Administration, J. David Grizzle, Amanda K. Bruchs, Robert A. Hawks, Lisa A. Holden

Journal of Air Law and Commerce

No abstract provided.

The Causal Connection Question In Aviation Insurance Coverage, Jon Kettles, Ashley Sissell

Journal of Air Law and Commerce

No abstract provided.