Digital Commons Network^™

Civil Liability Theories For Insufficient Security Authentication In Online Banking, Paul Rice

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Museum Of Modern Art's "What Is Modern?" Series, 1938-1969, Jennifer Tobias

Dissertations, Theses, and Capstone Projects

Between 1938 and 1969, the Museum of Modern Art (MoMA) poses the question of What Is Modern? (WIM) in a series of books, traveling exhibitions, and a symposium. This dissertation argues for the WIM project as a sustained if minimally effective effort to influence popular American perceptions of modern art, architecture, and design, at the same time embodying tensions inherent to the museum and its notions of that modernism.

MoMA is an unquestionable influence on modern art history. WIM is a significant component of this influence, yet scholarship on the series is minimal. Hiding in plain sight, the series offers …

Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project?, Susana Sacouto

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: Over the last couple of decades, and particularly since 1998, incredible advances have been made in the effort to end impunity for sexual and gender-based violence committed in the context of war, mass violence, or repression. Before this, crimes committed exclusively or disproportionately against women and girls during conflict or periods of mass violence were either largely ignored, or at most, treated as secondary to other crimes. However, evidence of the large-scale and systematic use of rape in conflicts over the last two decades helped create unprecedented levels of awareness of sexual violence as a method of war and …

Film Review: Mississippi Innocence And The Prosecutor’S Guilt, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

Film review of Mississippi Innocence. A documentary film by Joe York. Media and Documentary Projects at the University of Mississippi (2011)

Population Dynamics And Occupancy Patterns Of Eastern Screech Owls (Megascops Asio) In New York City Parks And Adjacent Suburbs, Christopher M. Nagy

Dissertations, Theses, and Capstone Projects

Eastern screech owls (Megascops asio) are one of the few raptor species that permanently reside in New York City (NYC). To better inform management of this charismatic species in urban parks, I sought to determine the present status and future viability of existing screech owl populations in NYC and identify potential landscape characteristics that affect park occupancy by screech owls. Using captive, non-releasable owls and isolated free-living owls, I developed a method of identifying individual screech owls via vocalization analysis. Using call-broadcast surveys and subsequent recording of owl responses, I gathered capture-recapture histories of urban owls in three …

The Metaphysics Of Improvisation, Tobyn C. Demarco

Dissertations, Theses, and Capstone Projects

In "The Metaphysics of Improvisation," I criticize wrongheaded metaphysical views of, and theories about, improvisation, and put forward a cogent metaphysical theory of improvisation, which includes action theory, an analysis of the relevant genetic and aesthetic properties, and ontology (work-hood).

The dissertation has two Parts. Part I is a survey of the history of many improvisational practices, and of the concept of improvisation. Here I delineate, sketch, and sort out the often vague boundaries between improvising and non-improvising within many art forms and genres, including music, dance, theatre, motion pictures, painting, and literature. In addition, I discuss the concept of …

An Investigation Of The Relationship Among Social Support, Motivation, Perceived Competence, And Pursuit Of A Baccalaureate Degree Among Associate Degree Nurse Graduates, Margaret Joyce Reilly

Dissertations, Theses, and Capstone Projects

The Institute of Medicine Reports of the last ten years highlight the increased complexity of health care and the need for new ways for health providers to respond. While other professional programs have adapted to the growing complexity of the healthcare system and implemented increased educational requirements for entry to practice, notably pharmacy and physical therapy, nursing has not, and remains the least educated among health professionals The growing trend towards a two year Associate Degree as the initial nursing education degree is increasing at the same time that patient needs are becoming more complicated and health care is becoming …

Reversible Rewards, Omri Ben-Shahar, Anu Bradford

Faculty Scholarship

This article offers a new mechanism of private enforcement, combining sanctions and rewards into a scheme of “reversible rewards.” The enforcing party sets up a precommitted fund and offers it as reward to another party to refrain from violation. If the violator turns down the reward, the enforcer can use the money in the fund for one purpose only – to pay for punishment of the violator. The article shows that this scheme doubles the effect of funds invested in enforcement and allows the enforcer to stop violations that would otherwise be too costly to deter. It argues that reversible …

Efficient Enforcement In International Law, Anu Bradford, Omri Ben-Shahar

Faculty Scholarship

Enforcement is a fundamental challenge for international law. Sanctions are costly to impose, difficult to coordinate, and often ineffective at accomplishing their goals. Rewards are likewise costly and domestically unpopular. Thus, efforts to address pressing international problems-such as reversing climate change and coordinating monetary policy-often fall short. This Article offers a novel approach to international enforcement and demonstrates the advantages of such an approach over traditional sanctions or rewards. It develops a mechanism of Reversible Rewards, which combines sticks and carrots in a unique, previously unexplored way. Reversible Rewards require that a sum of money be offered as a reward …

Antitrust Law In Global Markets, Anu Bradford

Faculty Scholarship

Multilateral corporations’ activities span across global markets. Yet antitrust laws regulating those activities remain national. Europeans can ban American companies from merging, tell American companies how to design their products, or determine what kind of discounts American companies are permitted to offer to their customers. Chinese can impose conditions on off-shore mergers. And Brazilians can insist on reviewing a transaction with minimal connections to the Brazilian market.

Student Affairs Turned Inside--Out: Evaluating Communication Satisfaction, Identity, And Values From Within An Organization, Stacey L. Reece

EWU Masters Thesis Collection

"How well individuals relate to their assigned organization is vital to the organizations' success. The lack of communication within an organization is often to blame for the shortcomings of the organization. Other associated factors that lead to the dysfunction of an organization are the lack of understanding or acceptance of the values of the organization and the lack of being able to identify with the mission or values of the organization. This thesis examines how organizations internally communicate and assess the satisfaction levels of individuals within an organization in how well the organizational communication performs within the organization. In addition, …

An Introduction To Modern Cryptology Within An Algebraic Framework, John Szwast

EWU Masters Thesis Collection

No abstract provided.

Resident Fish Community Impacts On Stocked Rainbow Trout Ecology In 15 Eastern Washington Lakes, Kevin Mahoney

EWU Masters Thesis Collection

"The principal purpose of this research was to analyze the effects of resident fish communities and lake habitat on energy source use and trophic position of stocked rainbow trout. Stable isotope analysis was used to accomplish this goal, with stable carbon isotope ratios indicating the source of carbon, pelagic or littoral, in each species' diet and stable nitrogen isotope ratios determining species' relative trophic positions. The research was conducted in 15 eastem Washington State lakes, all stocked with rainbow trout for sport fishing purposes. I found wide confidence intervals around the % estimated littoral carbon in most of the lakes. …

Comparison Of Rpe Between Atm And Sww At 50%, 60%, And 70% Hrr, Natalie J. Hughs

EWU Masters Thesis Collection

"The purpose of this study was to compare RPE between ATM and SWW at 50%, 60%, and 70% HRR in a healthy adult population. Fifteen subjects (7 male, 8 female) performed both ATM and SWW at each pre-determined % HRR for a total of four days. The participants attended two familiarization sessions in which they practiced protocol and were taught the RPE scale. Each participant was scheduled for two testing sessions (one for the ATM and one for SWW) after the familiarization where they conducted the testing protocol of two minutes steady-state HR at each personalized % HRR. Within the …

Quadratic And Cubic Reciprocity, Suzanne Rousseau

EWU Masters Thesis Collection

"In this thesis, we seek to prove results about quadratic and cubic reciprocity in great detail. Although these results appear in many textbooks, the proofs often contain large gaps that may be difficult for the average reader to follow. To achieve this goal, we have 'built up to reciprocity theory from basic principles of algebra, and whenever possible, we have tried to prove the number theoretic results of reciprocity using ideas from group theory. This thesis could potentially serve as a reference for a student who desires to study quadratic or cubic reciprocity in more detail, or as a foundation …

The Benefits Of Intercultural Interactions: A Position Paper On The Effects Of Study Abroad And Intercultural Competence On Pre-Service And Active Teachers Of Esl, Bergen Lorraine Mccurdy

EWU Masters Thesis Collection

"This thesis discusses a potential connection between immersion programs, second language acquisition, intercultural awareness, and the pre-service English as a Second Language instructors' ability to provide interculturally aware TESL education to their language learners. A review of the literature connected to intercultural awareness and second language acquisition contributes to the discussion of how the two topics are connected and how they combine to inform current United States' TESL programs and education"--Document.

Mental Toughness, Servant Leadership, And The Collegiate Distance Runner, Christopher S. Hammer

EWU Masters Thesis Collection

"Mental toughness is commonly associated with successful performance in the realm of athletics. However, despite the prevalence of its usage, the concept remains somewhat ambiguous in its definition and practical application. The purpose of this study was to determine the relationship between mental toughness and running performance amongst collegiate distance runners, a population that has yet to be the center of a mental toughness investigation. Of additional interest was to determine how a coach's servant leadership attributes interacts with athletes' mental toughness. Participants (n = 334) were males and females from 64 collegiate track teams from all divisions of the …

The Benefits Of Art Analysis In English 101: Multilingual And American Writers Respond To Artwork Of Their Choice, Jennifer M. Ochs

EWU Masters Thesis Collection

"This thesis details a case study carried out in the Summer of 2011 at Eastern Washington University in an English 101 Classroom. The students wrote art analysis essays and the researcher collected the essays and analyzed them for patterns or themes. The students participating in the thesis included Chinese, Saudi Arabian, Mexican-American, Japanese and American students. The essays were categorized and analyzed based on language group"--Document.

Beyond Postcolonial: Expression Of Self And Exploration Of The Infinite In The Writing Of Jorge Luis Borges, Denise G. Stripes

EWU Masters Thesis Collection

"Studies of postcolonial literature often focus on works that pertain to the East such as African or Indian nations. Written works such as Things Fall Apart by Chinua Achebe, and film such as Bollywood or Nollywood offer perspective for students of English Literature on the struggle of Eastern writers and filmmakers for acceptance into the canon. Some critics, such as Edna Aizenberg, have addressed the question of whether postcolonialism should include Latin American writers. In this work, I contend that Argentine writer Jorge Luis Borges does have a place in postcolonial studies, although I assert that he takes postcolonialism to …

A Novice Esl Teacher's Experience Of Language Learning In France: An Autoethnographic Study Of Anomie And The "Vulnerable Self", Christopher Ryan

EWU Masters Thesis Collection

"This thesis combines diary study with autoethnography to report an MATESL candidate's study abroad experience as an advanced learner of French. The writer summarizes language-learning experiences in Quebec and France while focusing on his second study abroad experience in France, where he encountered an educational system that was inconsistent with his training as a language teacher and his learning style as a language learner. He discusses challenges he faced in a language institute he was required to enroll in before he could matriculate in the university. Rote memorization and test preparation were the primary focuses of two classes, but the …

Physiological Response To Three Environmental Stressors Predicts Fitness And Genome Quality But Not Base Substitution Rate In Caenorhabditis Elegans, Jacob R. Andrew

EWU Masters Thesis Collection

"Since DNA mutations occur all the time and may have deleterious effects on fitness (survival and reproduction), organisms expend substantial metabolic resources to find and repair mutations. This metabolic expenditure is termed the cost of fidelity. If an organism is in "poor" condition and does not have enough metabolic resources, it may no longer be able to find and repair mutations (Agrawal 2002). In this thesis, we looked at whether physiological condition, measured as survival and development in the presence of an exogenous stress ('robustness'), correlated with mutation rate (experiments 1 and 2) or fitness (experiment 2). We measured physiological …

Riparian Understory Dynamics And Relationship To Dams On The Elwha River, Washington, Aaron J. Clausen

EWU Masters Thesis Collection

"Dams alter the dynamics inherent to river systems by displacing natural hydrologic and sediment regimes, which can fundamentally alter riparian ecosystem function. However, with better understanding of how dams negatively impact river systems, and as many dams approach the end of their lifespan, dam removal is being used to facilitate ecosystem restoration. Whereas researchers have successfully illustrated the negative impacts dams have on biological communities, the long-term ecological implications of dam removal are not well understood. At present, two dams are being removed along the Elwha River (Washington, USA), providing a valuable window for ecological studies concerning the effects of …

Reducibility, Degree Spectra, And Lowness In Algebraic Structures, Rebecca M. Steiner

Dissertations, Theses, and Capstone Projects

This dissertation addresses questions in computable structure theory, which is a branch of mathematical logic hybridizing computability theory and the study of familiar mathematical structures. We focus on algebraic structures, which are standard topics of discussion among model theorists. The structures examined here are fields, graphs, trees under a predecessor function, and Boolean algebras.

For a computable field F, the splitting set S_F of F is the set of polynomials in F[X] which factor over F, and the root set R_F of F is the set of polynomials in F[X] which have a root in F …

Congress In Court, Amanda Frost

Scholarly Articles in Law Reviews & Journals

Congress rarely participates in litigation about the meaning of federal law. By contrast, the executive branch joins in federal litigation on a regular basis as either a party or amicus curiae. Congress simply assumes that the president’s lawyers adequately represent its interests save in those rare instances when the two branches have a direct conflict. This Article questions that assumption.

The federal judiciary’s approach to statutory and constitutional interpretation diminishes Congress’s influence, often to the benefit of the executive branch. The rise of textualism, the canon of constitutional avoidance, the reliance on Chevron deference, and the courts’ reluctance to second-guess …

Poverty Offsetting, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Long-Term Results Of Aortic Banding For Complex Infrarenal Neck Anatomy And Type I Endoleak After Endovascular Abdominal Aortic Aneurysm Repair, Zvonimir Krajcer, Kathryn G Dougherty, Igor D Gregoric

The Texas Heart Institute Journal

For many patients with abdominal aortic aneurysm, unsuitable anatomy of the infrarenal aortic neck precludes endovascular aortic aneurysm repair or causes type I endoleak after the procedure. In an attempt to overcome these challenges, we retrospectively examined the usefulness of aortic banding as an adjunctive procedure to endovascular repair in 8 patients who had an abdominal aortic aneurysm with a complex infrarenal aortic neck. The procedures were performed with the patients under general anesthesia and involved making an 8-cm upper-midline laparotomy incision to expose the aneurysmal aorta. Three patients underwent aortic banding before endovascular repair; the other 5 underwent banding …

On The Theoretical Foundations For Regulating Financial Markets, Katharina Pistor

Faculty Scholarship

How we think about financial markets determines how we regulate them. Since the 1970s modern finance theory has shaped how we think about and regulate financial markets. It is based on the notion that markets are or can be made (more) efficient. Financial markets have been deregulated when they were thought to achieve efficient outcomes on their own; and regulation was designed to lend crutches to them when it appeared that they needed support. While modern finance theory has suffered some setbacks in the aftermath of the global crisis, defenders hold that improving market efficiency should still be the overriding …

Optomechanics Of Cavity Driven Nanoparticles, Joel T. Rubin

Dissertations, Theses, and Capstone Projects

The subject of this thesis is the opto-mechanical interaction of a spherical high-Q microresonator and a subwavelength particle, which, at optical wavelengths, corresponds to a size on the order of nanometers. After a review of the basic theory of spherical resonators and multi-sphere scattering, the full self-consistent electromagnetic field of the coupled resonator-particle system is derived. The particle-induced frequency shift and broadening is calculated by examining the poles of the scattering coefficients of the resonator. The force exerted on the particle by the field is determined via the Maxwell stress tensor, and is found to be in general non-conservative. From …

Hypoplastic Right-Heart Syndrome Presenting As Multiple Miscarriages, Chadi Dib, Philip A Araoz, Norman P Davies, Joseph A Dearani, Naser M Ammash

The Texas Heart Institute Journal

Reversible causes of miscarriage are many, but they affect only 1% of women who are trying to conceive. Herein, we describe the case of a 23-year-old woman who presented for evaluation of repeated miscarriages and was found to have hypoxemia and erythrocytosis. Further evaluation revealed hypoplastic right-heart syndrome with an intracardiac shunt. She underwent hybrid repair with pulmonary valve balloon valvuloplasty, followed by surgery to perform atrial septal defect closure and a Glenn anastomosis. The erythrocytosis and hypoxemia resolved, and she was able to conceive and deliver a healthy baby at term 2 years later.

This is a unique case …

Navigating Eu Law And The Law Of International Arbitration, George A. Bermann

Faculty Scholarship

The European Union and international arbitration are two robust legal regimes that have managed to develop largely in accordance with their own respective “first principles,” and they have accordingly thrived. This article initially explains why that has been the case.

But the era of parallelism between the regimes has ended, and rather suddenly. This article identifies the two principal fronts on which tensions between EU law and international arbitration law have emerged. Interestingly, both commercial and investment arbitration are implicated.

A first front entails a conflict between the European Court of Justice's (ECJ's) expansive notions of EU public policy and …