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"We Were Privileged In Oregon": Jessie Laird Brodie And Reproductive Politics, Locally And Transnationally, 1915-1975, Sadie Anne Adams

Dissertations and Theses

This thesis conveys the history of reproductive politics in Oregon through the life of Dr. Jessie Laird Brodie (1898-1990). Brodie was a key figure in this history from the 1930's until the 1970's, mainly through the establishment of family planning programs through social and medical channels in Oregon and throughout Latin America. Oregon's reproductive legislation walked a fine line between conservatism and progressivism, but in general supported reproductive healthcare as a whole in comparison to the rest of the United States and Latin America. The state passed controversial contraceptive legislation in 1935 that benefited public health, but also passed eugenic …

Voicing Oppositional Conformity: Sarah Winnemucca And The Politics Of Rape, Colonialism, And "Citizenship": 1870-1890, Jennifer Bailey

Dissertations and Theses

Sarah Winnemucca, a Paiute Indian born around the year 1844, crossed cultural boundaries and became an influential voice within both white and Indian societies. This thesis employs a settler colonial framework that places the sexuality and rape of native women at the center of colonial relations in the settlement of the Americas. Viewed through this lens I perform an in-depth analysis of Winnemucca's gendered critique of colonialism that focused on sexual violence. Rather than the unstable, mixed messages of native resistance and assimilation emphasized by earlier scholars, I argue that Winnemucca purposefully employed a strategy of oppositional conformity to publicize …

Local Reception Of Religious Change Under Henry Viii And Edward Vi: Evidence From Four Suffolk Parishes, William Keene Thompson

Dissertations and Theses

From the second half of Henry VIII's reign through that of his son Edward VI, roughly 1530 through 1553, England was in turmoil. Traditional (Catholic) religion was methodically undermined, and sometimes violently swept away, in favor of a biblically based evangelical faith imported and adapted from European dissenters/reformers (Protestants). This thesis elucidates the process of parish-level religious change in England during the tumultuous mid sixteenth century. It does so through examining the unique dynamics and complexities of its local reception in a previously unstudied corner of the realm, the Suffolk parishes of Boxford, Cratfield, Long Melford, and Mildenhall. This thesis …

Are We Cool Yet?: A Longitudinal Content Analysis Of Nerd And Geek Representations In Popular Television, Christopher Louis Cardiel

Dissertations and Theses

This study explores the representation of nerds and geeks in popular broadcast television programs over the course of the past twenty years. A content analysis of the five most popular scripted broadcast television programs for each year was conducted in order to assess the frequency of nerd characters, as well as the social competence, physical attractiveness, and demographic information of each such character. In addition, a supplemental survey design study was employed in order to collect public opinion data regarding perceptions of nerds in general and on television. The results of these studies indicated that while the per-year frequency of …

Wikileaks And The Institutional Framework For National Security Disclosures, Patricia L. Bellia

Journal Articles

WikiLeaks’ successive disclosures of classified U.S. documents throughout 2010 and 2011 invite comparison to publishers’ decisions forty years ago to release portions of the Pentagon Papers, the classified analytic history of U.S. policy in Vietnam. The analogy is a powerful weapon for WikiLeaks’ defenders. The Supreme Court’s decision in the Pentagon Papers case signaled that the task of weighing whether to publicly disclose leaked national security information would fall to publishers, not the executive or the courts, at least in the absence of an exceedingly grave threat of harm.
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The Limits Of The New Deal Analogy, Barry Cushman

Journal Articles

The past three years of the Obama Administration inevitably have elicited comparisons between the present day and the era of President Franklin D. Roosevelt’s New Deal. While frequently illuminating, such comparisons often overlook an important point that many may have forgotten: compared with the major reform initiatives undertaken during President Obama’s tenure, a review of the roll call votes reveals that the measures enacted by the New Deal Congresses enjoyed a remarkable degree of bipartisan support. In addition, the Democrats enjoyed large majorities in the House of Representatives from 1933 forward, and a filibuster-proof majority in the Senate after 1934. …

Internet Law Reader 2012, Eric Goldman

Historical and Topical Legal Documents

No abstract provided.

A Broken Windows Theory Of International Corruption, Roger P. Alford

Journal Articles

The Article re-conceptualizes corruption through the lens of the broken windows theory of community policing, focusing on the root consequences of corruption as well as its secondary effects.

Part II of the Article posits that corruption is a broken window that signals the breakdown of community controls necessary for the maintenance of social order. A government that abuses its power for private gain is a government that cannot be trusted to pursue the general welfare. Empirical evidence finds ample support for this claim, confirming that corruption negatively alters the public’s perception of government and society.

Part III of the Article …

Is Pepsi Really A Substitute For Coke? Market Definition In Antitrust And Ip, Mark P. Mckenna

Journal Articles

Antitrust law explicitly depends on market definition. Many issues in IP law also depend on market definition, though that definition is rarely explicit. Applying antitrust traditional market definition to IP goods leads to some startling results. Despite the received wisdom that IP rights don't necessarily confer market power, a wide array of IP rights do exactly that under traditional antitrust principles. This result requires us to rethink both the overly-rigid way we define markets in antitrust law and the competitive consequences of granting IP protection. Both antitrust and IP must begin to think realistically about those consequences, rather than falling …

Adhering To Law And Values Against Terrorism, Mary Ellen O'Connell

Journal Articles

The thesis of this article was inspired by the remarks of John O. Brennan, Assistant to the President for Homeland Security and Counterterrorism, at Harvard Law School on September 16, 2011. Brennan said: “I've developed a profound appreciation for the role that our values, especially the rule of law, play in keeping our country safe. It's an appreciation, of course, understood by President Obama.... That is what I want to talk about this evening—how we have strengthened, and continue to strengthen, our national security by adhering to our values and our laws.”

Brennan's position is backed up by considerable data …

Inclusionary Housing On A Global Basis, James J. Kelly Jr.

Journal Articles

This is a book review of Inclusionary Housing in International Perspective: Affordable Housing, Social Inclusion, and Land Value Recapture (2010, Nico Calavita and Alan Mallach, eds.). The book offers a comparative look at land-use based approaches to the creation of affordable housing in a broad range of developed countries. A little less than a sixth of the book is dedicated to the U.S., with special attention given to the development on inclusionary programs in California and New Jersey. The editors then devote a chapter each to Canada, England, Ireland, France, Spain and Italy. The penultimate chapter looks at inclusionary practices …

Toward Economic Analysis Of The Uniform Probate Code, Daniel B. Kelly

Journal Articles

Insights from economics and the economic analysis of law may be useful in analyzing succession law, including intestacy and wills as well as nonprobate transfers such as trusts. After surveying prior works that have examined succession from a functional perspective, I explore the possibility of utilizing tools like (i) transaction costs, (ii) the ex ante/ex post distinction, and (iii) rules versus standards, to illuminate the design of the Uniform Probate Code. Specifically, I investigate how these tools, which legal scholars have employed widely in other contexts, may be relevant in understanding events like the nonprobate revolution and issues like “dead …

The Federal Reserve As Last Resort, Colleen M. Baker

Journal Articles

The Federal Reserve, the central bank of the United States, is one of the most important and powerful institutions in the world. Surprisingly, legal scholarship hardly pays any attention to the Federal Reserve or to the law structuring and governing its legal authority. This is especially curious given the amount of legal scholarship focused on administrative agencies that do not have anywhere near as critical a domestic and international role as that of the Federal Reserve. At the core of what the Federal Reserve does and should do is to conduct monetary policy so as to safeguard pricing, including that …

Chinese Guanxi And Anglo-American Networking: A Comparative Investigation Of Cross-Cultural Interpersonal Business Relationships, Kevin D. Lo

Organization, Leadership, and Communication

Both Chinese and Anglo-American cultures highlight the importance of interpersonal relationships for successful business. In Chinese and Anglo-American culture respectively, guanxi and networking are linguistic equivalents. However, cross-culturally there are emic differences, particularly of Chinese guanxi, which are not captured by these linguistic equivalencies. As such, Chinese guanxi remain somewhat mysterious to a non-Chinese audience. This study explores the differences between Chinese guanxi and Anglo-American networking through a process of semi-structured interviews with n=10 individuals familiar with both cultural contexts. The data indicate three major themes for Chinese guanxi: a heavy emphasis on reciprocity, a long-term orientation, and culture specific …

The Man On The Flying Trapeze, Barry Cushman

Journal Articles

Any history of the controversy over President Franklin D. Roosevelt's Court-packing plan sets out to answer three principal questions. The first is how best to tell what I will call the political story: how to understand the political trajectory of the Plan from its initial conceptualization to its ultimate failure. The second is how best to tell what I will call the legal story: how to understand the constitutional landscape that confronted New Deal reformers, how they negotiated it, and how and in what respects the Supreme Court transformed that body of constitutional law during the Great Depression. The third …

Correlates Of Morbidity And Mortality In Severe Necrotizing Pancreatitis, K. M. Pal, Pashtoon Murtaza Kasi, Mohammad Tayyeb, S. M. Faisal Mosharraf, Zafar Fatmi

Community Health Sciences

Acute severe pancreatitis is associated with a high morbidity and mortality and frequently is accompanied by underlying pancreatic parenchymal necrosis. Patients with pancreatic necrosis must be identified, because the morbidity and mortality rate in this subgroup is much higher. Our objective was to compare the clinical outcomes of these patients based on the degree of pancreatic necrosis. A total of 35 patients were noted to have pancreatic necrosis. These were divided into 2 groups based on extent of necrosis: group A had less than 50% necrosis and group B had more than 50% necrosis. The rate of mortality (5% versus …

Do We Have A Debt Collection Crisis? Some Cautionary Tales Of Debt Collection In Indiana, Judith Fox

Journal Articles

The Federal Trade Commission, in 2009, raised issues about debt collection practices and called on jurisdictions to investigate local practices that may be abusive to consumers. This article is the beginning of a larger study of debt collection practices in Indiana. It examines debt collection cases filed in Indiana courts in a three month period of 2009 and 2011 While most research on this issues has been in small claims court systems, this article suggests that the same, if not greater, consumer abuses exist in other courts. The research shows a pattern of large, national debt collection firms moving away …

Cyber Security Without Cyber War, Mary Ellen O'Connell

Journal Articles

Which government agency should have primary responsibility for the Internet? The USA seems to have decided this question in favour of the military—the US military today has the largest concentration of expertise and legal authority with respect to cyberspace. Those in the legal community who support this development are divided as to the appropriate legal rules to guide the military in its oversight of the Internet. Specialists on the international law on the use of force argue that with analogy and interpretation, current international law can be applied in a way that allows great freedom without sending the message that …

Overcoming Overcriminalization, Stephen F. Smith

Journal Articles

The literature treats overcriminalization (and, at the federal level, the federalization of crime) as a quantitative problem. Legislatures, on this view, have simply enacted too many crimes, and those crimes are far too broad in scope. This Article uses federal criminal law as a basis for challenging this way of conceptualizing the overcriminalization problem. The real problem with overcriminalization is qualitative, not quantitative: federal crimes are poorly defined, and courts all too often expansively construe poorly defined crimes. Courts thus are not passive victims in the vicious cycle of overcriminalization. Rather, by repeatedly interpreting criminal statutes broadly, courts have taken …

Child Support Guidelines And Divorce Incentives, Margaret F. Brinig, Douglas W. Allen

Journal Articles

A child support guideline is a formula used to calculate support payments based on a few family characteristics. Guidelines began replacing court awarded support payments in the late 1970s and early 1980s, and were eventually mandated by the federal government in 1988. Two fundamentally different types of guidelines are used: percentage of obligor income, and income shares models. This paper explores the incentives to divorce under the two schemes, and uses the NLSY data set to test the key predictions. We find that percentage of obligor income models are destabilizing for some families with high incomes. This may explain why …

Explaining Abuse Of The Disabled Child, Margaret F. Brinig

Journal Articles

This article discusses abuse of disabled children in terms of two competing theories for why it may occur. The evolutionary biology theory has been discussed in the legal literature as well as in biological and social science pieces. The author contrasts this theory with a novel one, mimetic desire, which may be less familiar in legal circles, but which, he believes, better explains the abuse of Attention Deficit Hyperactive Disorder children and offers more hope for preventing abuse without disrupting intact families. While the evolutionary biology explanations for child abuse may be helpful and important, more territory can be covered …

Not So Special After All: How Mayo Granted The Treasury Unfettered Rule-Making Discretion, Daniel W. Graves

Missouri Law Review

On January 11, 2011, the Supreme Court decided Mayo Foundation for Medical Education and Research v. United States, in which it definitively settled on the more deferential Chevron standard for analyzing Treasury Department regulations, finding no justification in treating them differently from regulations of other agencies. In doing so, the Court has given the Treasury Department virtually free rein in crafting new regulations and amending those regulations already in existence. Because taxpayer lawsuits were one of the few ways in which Treasury regulations could be overturned, by instructing the lower to give such regulations the heightened degree of deference that …

Implementation Of A One-To-One Ipod Touch Program In A Middle School, Helen Crompton, Julie Keane

Teaching & Learning Faculty Publications

The purpose of this study is to investigate the implementation of a whole school one-to-one iPod Touch project in a middle school in the southeastern United States. While some focused studies have been undertaken in this new field of learning, there has been little research to date that documents activity within a whole school implementation (Chen, Kao, & Sheu, 2003; Conti-Ramsden, Durkin, & Simkin, 2010). Using Rogers' (1963, 2003) theory of diffusion of innovation as a lens for this research, we gathered data from observations, focus groups, and interviews. Our findings indicated that teachers focused on internet-based research activities, formative …

Using Blogs To Promote Literary Response During Professional Development, Jaime Colwell, Amy Hutchison, David Reinking

Teaching & Learning Faculty Publications

(First paragraph) The blogging has, I don’t want to say forced, but kind of made me read books that I haven’t necessarily read before, and I don’t think I would have. I’ve read lots of children’s books just through student teaching and everything, but it makes me look outside the box and maybe at other genres that I wouldn’t look at necessarily. (Sam, a pre-service teacher, blogging in a children’s literature course)

Biological Treatment Of Leachates Of Microaerobic Fermentation, Manar Arica Alattar

Dissertations and Theses

Microaerobic fermentation (MF) is a process of controlled degradation of organic waste material that occurs in enclosed fermentors under micro-aerobic conditions at near-room temperature. MF processing of vegetal materials progresses to endpoints in about 2-5 weeks. During MF processing, an acidic leachate rich in organic acids and alcohols is produced. The research presented in this thesis focuses on the efficiency of MF pre-processing of feedstock containing fibrous lignocellulosic (FLC) materials; efficiency of microbial and insect larvae-based treatments of MF leachate; tolerance of the Black Soldier fly larvae (BSFL) to various biological inhibitors common in leachate; and effectiveness of using MF …

Relative Heart Ventricle Mass And Cardiac Performance In Amphibians, Gregory Joseph Kluthe

Dissertations and Theses

This study used an in situ heart preparation to analyze the power and work of spontaneously beating hearts of four anurans (R. marina, L. catesbeianus, X. laevis, P. edulis) and three urodeles (N. maculosus, A. tigrinum, A. tridactylum) in order to elucidate the meaning of relative ventricle mass (RVM) in terms of specific cardiac performance variables. This study also tests two hypotheses: 1) the ventricles of terrestrial species (R. marina, P. edulis, A. tigrinum) of amphibians are capable of greater maximum power outputs (P_max) compared to aquatic species (X. laevis, A. tridactylum, N. maculosus, L. catesbeianus) and, 2) …

A Systems Approach To Ecological Economic Models Developed Progressively In Three Interwoven Articles, Takuro Uehara

Dissertations and Theses

My dissertation develops and analyzes ecological economic models to study the complex dynamics of an ecological economic system (EES) and investigate various conditions and measures which can sustain a developing economy over the long term in view of resilience and sustainability. Because of the intrinsic complexity of the system, I take a systems approach, using economics as the foundation for the basic structure of an ecological economic model, and system dynamics as the method to build and analyze such a complex ecological economic model. Throughout my dissertation, the model developed by Brander and Taylor (1998) is adopted as a baseline …

Sustainability Education As A Framework For Enhancing Environmental Stewardship In Young Leaders: An Intervention At Tryon Creek Nature Day Camp, Andrea Nicole Lawrence

Dissertations and Theses

UNESCO established Sustainability Education as a top priority when it declared 2005 - 2014 to be the global decade for sustainability. Sustainability education can be implemented in outdoor programs such as nature summer camps in order to build environmental stewardship and ecological literacy in counselors and campers. This study sought to determine the extent to which an ecology and leadership training given to assistant counselors at Tryon Creek State Natural Area day camp achieved the goals of sustainability education--for the assistant counselors to learn about ecology, develop stewardship attitudes and behaviors toward the environment, and become positive role models for …

Increasing Social Work Students' Political Interest And Efficacy: The Experience And Impact Of A Social Welfare Policy Course From The Students' Perspective, Christie Dianne Bernklau Halvor

Dissertations and Theses

Students of accredited social work programs are expected to demonstrate ten core competencies, including the ability to "engage in policy practice to advance social and economic well-being and to deliver effective social work services" (Council on Social Work Education, 2008). Despite this expectation, almost half of licensed social workers surveyed disagreed with the notion that they were adequately prepared for political engagement by their social work education (Ritter, 2007). Because social welfare policy courses are the primary curricular means for preparing generalist social workers for political advocacy, this study explores how undergraduate students respond to social welfare policy instructors' efforts …

Metabolic Support Of Anaerobiosis In Embryos Of The Annual Killifish Austrofundulus Limnaeus, Andrew Mccracken

Dissertations and Theses

Embryos of the annual killifish Austrofundulus limnaeus display a remarkable tolerance to anoxia during development, most notably during embryonic diapause. Little is known about the metabolic or enzymatic changes that accompany this state of anoxia tolerance. This study examined the metabolic changes associated with exposure to anoxia by measuring the activity of the enzyme phosphoenolpyruvate carboxykinase (PEPCK), and by profiling the concentration of 31 metabolites ranging from amino acids to citric cycle intermediates at 4 different developmental stages, diapause 2 (DII), 4 days post diapause (dpd), 12 and 22 dpd. Embryos of A. limnaeus showed stage specific changes in concentrations …