Digital Commons Network^™

Nunca Más: Truth Commissions, Prevention, And Human Rights Culture, Margaret Urban Walker

Philosophy Faculty Research and Publications

No abstract provided.

Healing Pathways: A Program For Women With Physical Disabilities And Depression, Dena Hassouneh, Thuan Nguyen, Zunqiu Chen, Elizabeth Mcneff

OHSU-PSU School of Public Health Faculty Publications and Presentations

Objective. The objective of this study was to test the efficacy of the Healing Pathways (HP) program in reducing clinically significantly depressive symptoms in women with physical disabilities (WPD). Healing Pathways is a peer-implemented group mental health treatment program targeting WPD who have clinically significant cooccurring depressive symptoms. Participants. Eighty women were randomized in this trial. Design. This study used a community-based participatory intervention research design. Using community-based recruiting methods, participants were recruited from Centers for Independent Living, local disability service organizations, via Craig's list as well as other community locations such as grocery stores and bus …

Foreword To The Conference: The Law: Business Or Profession? The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine

Scholarly Works

No abstract provided.

From Collaboration To Consolidation: Developing A More Expansive Model For Responding To Family Violence, Deseriee A. Kennedy

Scholarly Works

Academics and activists have frequently called for increased collaboration and communication between domestic violence and child welfare agencies as a means of more effectively responding to the impact of domestic violence on children and in recognition of the co-occurrence of domestic violence and child maltreatment. This Article reviews whether efforts based on the Greenbook and other initiatives calling for collaboration have led to any appreciable decrease in family violence. The Article finds evidence to suggest that there has not been significant improvement in the incidence or severity of family violence and more radical responses to family violence are needed. It …

The School-To-Prison Pipeline Tragedy On Montana's American Indian Reservations, Melina Healey

Scholarly Works

American Indian adolescents in Montana are caught in a school-to-prison pipeline. They are plagued with low academic achievement, high dropout, suspension and expulsion rates, and disproportionate contact with the juvenile and criminal justice systems. This phenomenon has been well documented in poor, minority communities throughout the country. But it has received little attention with respect to the American Indian population in Montana, for whom the problem is particularly acute. Indeed, the pipeline is uniquely disturbing for American Indian youth in Montana because this same population has been affected by another heartbreaking and related trend: alarming levels of adolescent suicides and …

Emerging Technologies And Dwindling Speech, Jorge Roig

Scholarly Works

Inspired in part by the recent holding in Bland v. Roberts that the use of the “Like” feature in Facebook is not covered by the Free Speech Clause, this article makes a brief foray into the approach that courts have taken in the recent past towards questions of First Amendment coverage in the context of emerging technologies. Specifically, this article will take a closer look at how courts have dealt with the issue of functionality in the context of First Amendment coverage of computer source code. The analysis of this and other recent experiences, when put in a larger context, …

The State Of Israel’S Constitution; A Comparison Of Civilized Nations, Mark Goldfeder

Scholarly Works

The art of constitution-making is never one-dimensional. In regard to the United States' model, it has recently been argued that "[d]espite the enormous literature on the critical period, including the foreign affairs imperatives behind the movement for reform, it is not fully understood that the animus behind the reform effort that culminated in the new Constitution was a desire to ensure that the United States would be in a position to meet its international commitments and thereby earn international recognition."' While there are obvious differences, and while this concept is perhaps of even greater importance and more poignantly felt for …

Not All Dogs Go To Heaven: Judaism’S Lessons In Beastly Morality, Mark Goldfeder

Scholarly Works

This Essay examines the moral status of animals and the definition of humanity under traditional Jewish law, as contained in Biblical texts and commentaries by ancient and historical Jewish scholars. Examining whether animals are capable of moral behavior, it provides examples from various Judaic sources to support the idea that animals are capable of making conscious, moral choices. This Essay goes on to investigate the effect that morality has on the rights and rewards given to animals under Jewish law, and whether, as conscious moral actors, animals have souls. Turning more broadly to the definition of humanity, this Essay discusses …

Law And Religion For Nonhuman Persons, Mark Goldfeder

Scholarly Works

On December 2, 2013, the Nonhuman Rights Project (NHRP), a national nonprofit organization working to get actual legal rights for members of nonhuman species filed a lawsuit in Fulton County, New York petitioning the judges for a writ of habeas corpus. A habeas corpus allows for a person being held captive to be brought before a court to determine if their imprisonment is lawful. Habeas corpus suits are filed all the time; what made this one historic was that it was not filed for a human being. The writ in question asked the court to formally recognize that a 26 …

Common Ground At The Nexus Of Information Literacy And Scholarly Communication, Stephanie Davis-Kahl, Merinda Kaye Hensley

IWU Authors Bookshelf

Common Ground at the Nexus of Information Literacy and Scholarly Communication presents concepts, experiments, collaborations, and strategies at the crossroads of the fields of scholarly communication and information literacy. The seventeen essays and interviews in this volume engage ideas and describe vital partnerships that enrich both information literacy and scholarly communication programs within institutions of higher education. Contributions address core scholarly communication topics such as open access, copyright, authors’ rights, the social and economic factors of publishing, and scholarly publishing through the lens of information literacy. This volume is appropriate for all university and college libraries and for library and …

Preemption As Inverse Negligence Per Se, Michael P. Moreland

Faculty Publications

No abstract provided.

Making Crowdfunding Credible, Douglas S. Ellenoff

Vanderbilt Law Review

No abstract provided.

Cor Triatriatum Sinister In A 43-Year-Old Man With Syncope, Janet L Eichholz, Samer S Hodroge, Jerry J Crook, John W Mack, Dale C Wortham

The Texas Heart Institute Journal

Cor triatriatum sinister, a congenital cardiac anomaly involving a fibromuscular membrane that partitions the left atrium into 2 chambers, has been reported in only 0.1% to 0.4% of patients with congenital heart disease. The posterosuperior chamber receives blood from the pulmonary veins, and the anteroinferior chamber contains the left atrial appendage and mitral valve orifice. Most patients are diagnosed with the condition in infancy or childhood; adult cases are rare. We describe a case of cor triatriatum sinister in a 43-year-old man whose only presenting symptom was recurrent syncope. He underwent corrective resection of the membrane and was asymptomatic thereafter. …

Imsa 2013 Profile, Office Of College And Academic Counseling

IMSA Profile

No abstract provided.

Determining A New Alignment Scoring Matrix For Disordered Proteins, Adam Handen

Theses

Intrinsically disordered proteins (IDPs) are polypeptide sequences that do not form a rigid three dimensional structure when isolated in the cytosol of the cell. These sequences are very common in most genomes, and usually are involved in many protein-protein interactions. IDPs also play a key role in many diseases, including cancer and Huntington's disease. However, IDPs are difficult to study because of their amorphous shape, high mutation rate, and unique amino acid composition. These obstacles make homology studies especially difficult.

This study focused on generating a new substitution matrix designed to aid in homology studies of IDPs. The matrix was …

Guidance From Vaccination Jurisprudence, Michael Ulrich

Faculty Scholarship

The lengthy history of case law covering compulsory vaccination policies state consistently that conscientious exemptions and evaluating their validity can be difficult, administratively cumbersome, and potentially unconstitutional.

Obscurity By Design, Woodrow Hartzog, Frederic D. Stutzman

Faculty Scholarship

Design-based solutions to confront technological privacy threats are becoming popular with regulators. However, these promising solutions have left the full potential of design untapped. With respect to online communication technologies, design-based solutions for privacy remain incomplete because they have yet to successfully address the trickiest aspect of the Internet — social interaction. This Article posits that privacy-protection strategies such as “Privacy by Design” face unique challenges with regard to social software and social technology due to their interactional nature.

This Article proposes that design-based solutions for social technologies benefit from increased attention to user interaction, with a focus on the …

Dissemination Must Serve Authors: How The U.S. Supreme Court Erred, Wendy J. Gordon

Faculty Scholarship

The US Congress has enacted expansions of copyright which arguably impose high social costs and generate little incentives for authorial creativity. When the two most expansive statutes were challenged as unconstitutional, the US Supreme Court rebuffed the challenges, partly on the supposed ground that copyright law could legitimately seek to promote nonauthorial interests; apparently, Congress could enact provisions aiming to support noncreative disseminative activities such as publishing, or restoring and distributing old film stock, even if authorial incentives were not served. Such an error might have arisen because of three phenomena (in economics, history, and law, respectively) that might easily …

Against Endowment Theory: Experimental Economics And Legal Scholarship, Greg Klass, Kathryn Zeiler

Faculty Scholarship

Endowment theory holds the mere ownership of a thing causes people to assign greater value to it than they otherwise would. The theory entered legal scholarship in the early 1990s and quickly eclipsed other accounts of how ownership affects valuation. Today, appeals to a generic “endowment effect” can be found throughout the legal literature. More recent experimental results, however, suggest that the empirical evidence for endowment theory is weak at best. When the procedures used in laboratory experiments are altered to rule out alternative explanations, the “endowment effect” disappears. This and other recent evidence suggest that mere ownership does not …

Jewish Identity And Judging: Seymour Simon Of Illinois, Jack M. Beermann

Faculty Scholarship

Illinois Supreme Court Justice Seymour F. Simon (1915-2006) would have filled the stereotype of the righteous man in Jewish lore. He was a man of principle, communicated those principles in an insistent tone to anyone who would listen, worked hard to further the cause of justice and earned a reputation as a committed public servant. Justice Simon served as Justice of the Illinois Supreme Court from 1980-1988 after having served on the Illinois Appellate Court from 1974-1980. Before winning election to the courts, Justice Simon was a politician, serving, inter alia, as an alderman in the City of Chicago and …

Niklas Luhmann's Theory Of Autopoietic Legal Systems, Hugh Baxter

Faculty Scholarship

Between 1984 and his death in 1998, German sociologist Niklas Luhmann developed a comprehensive theory of what he called autopoietic or self-referential systems.He worked out this approach both at the level of a social system as a whole and at the level of various social subsystems, such as state, economy, science, religion, education, art, family, and — the concern of the present article — law. My particular topics in this critical introduction to Luhmann’s theory are (a) its relation to more standard legal theory, (b) foundational or self-referential problems in law, and (c) the problem of law’s relation to other …

The Case For Public Pension Reform: Early Evidence From Kentucky, Maria O'Brien

Faculty Scholarship

Kentucky has managed to effect major changes to some of its pension plans in the face of poor funding ratios that threatened to swamp other budget priorities. At this point it is unclear whether the reforms are deep enough to bring the plans funding levels in line with those of “healthy” states like Wisconsin. It is also unclear whether there is the political will in other jurisdictions to curb costs by moving to defined contribution or hybrid cash balance vehicles. Transparency combined with a fear that pension obligations would soon swamp all other state budget priorities appears to have been …

Legal Education At A Crossroads: Innovation, Integration, And Pluralism Required!, Karen Tokarz, Antoinette Sedillo Lopez, Peggy Maisel, Robert Seibel

Faculty Scholarship

Although historically slow to change, law schools are now facing enormous pressure from educators, students, lawyers, judges, clients, and the public to rethink legal education and the lawyer‘s role in society. Now more than ever, there is robust national debate on the threshold contributions law schools should make to the preparation of law graduates for entry into practice. The clamor for reform in legal education is precipitated by a confluence of factors, including new insights about lawyering competencies and experiential legal education; the shifting nature of legal practice in the United States; a decrease in law jobs; changes in the …

Addressing The Harm Of Total Surveillance: A Reply To Professor Neil Richards, Danielle K. Citron, David Gray

Faculty Scholarship

In his insightful article, "The Dangers of Surveillance," 126 Harvard Law Review 1934 (2013), Neil Richards offers a framework for evaluating the implications of government surveillance programs that is centered on protecting "intellectual privacy." Although we share his interest in recognizing and protecting privacy as a condition of personal and intellectual development, we worry in this essay that, as an organizing principle for policy, "intellectual privacy" is too narrow and politically fraught. Drawing on other work; we, therefore, recommend that judges, legislators, and executives focus, instead, on limiting the potential of surveillance technologies to effect programs of broad and indiscriminate …

Incorporating Rights: Empire, Global Enterprise, And Global Justice, Erika George

Faculty Scholarship

This Article traces the history and evolution of corporate responsibility under international law to contextualize the developing discourse on business and human rights. It explores the role of private industry in contributing to colonial expansion, slavery, and conflict, and examines the advocacy efforts of abolitionists, anti-imperialism activists, and peace movements to craft reforms and create norms to control corporate conduct. First, the Article outlines the challenge that regulating private commercial power presents for a system of public international law premised on the sovereign power of states. Then, using the example of colonial era European charter companies the Article offers a …

Measuring The Racial Unevenness Of Law School, Jonathan Feingold, Doug Souza

Faculty Scholarship

In "Measuring the Racial Unevenness of Law School," Jonathan Feingold and Doug Souza introduce and analyze the concept of racial unevenness, which refers to the particularized burdens an individual encounters as a result of her race. These burdens, which often arise because an individual falls outside of the racial norm, manifest across a spectrum. At one end lie obvious forms of overt and invidious racial discrimination. At the other end, racial unevenness arises from environmental factors and institutional culture independent from any identifiable perpetrator. As the authors detail, race-dependent burdens can arise in institutions and communities that expressly promote racial …

Make The Patent “Polluters” Pay: Using Pigovian Fees To Curb Patent Abuse, James Bessen, Brian Love

Faculty Scholarship

On the heels of a widely reported uptick in egregious patent enforcement, six patent reform bills have been introduced in the last six months. All six bills aim to curb nuisance-value patent litigation, a phenomenon popularly referred to as “patent trolling,” by reducing the cost of defending these suits. In this essay, we argue that these bills, while admirable, treat the symptoms of our patent system’s ills, rather than the disease itself: a growing glut of unused high-tech patents that have little practical value apart from use as vehicles for nuisance-value litigation. Accordingly, we urge Congress to consider one additional …

Of Reasonableness, Fairness And The Public Interest: Judicial Review Of Copyright Board Decisions In Canada's Copyright Pentalogy, Graham Reynolds

All Faculty Publications

This paper focuses on judicial review of Copyright Board decisions in Canada’s copyright pentalogy (the five copyright law decisions handed down by the Supreme Court of Canada (SCC) on 12 July 2012). Part I briefly discusses the (recent) history of judicial review of decisions of the Copyright Board. Part II analyzes Abella J’s reasons for judgment in Alberta (Education) v Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37 (Alberta (Education)) in light of Rothstein J’s implied suggestion, in his dissenting reasons, that Abella J applied a correctness standard of review as opposed to a reasonableness standard of review. Part …

Design And Testing Of A Passive Prosthetic Ankle With Mechanical Performance Similar To That Of A Natural Ankle, Yadan Zeng

Master's Theses (2009 -)

This thesis presents the design and test results of a passive prosthetic ankle that has mechanical behavior similar to that of a natural ankle. The ankle prosthesis is designed to store and return enough energy to the amputee to propel their body forward during push-off.

The ankle prosthesis is a 2 degree of freedom (DoF) mechanism containing a network of conventional compression springs. One DoF allows the lower leg to compress when weight is applied; the other allows the foot to rotate about the ankle joint. Bulk property and dynamic performance criteria are used to assess the performance of the …

Book Review Of, Patrick Daly, R. Michael Feener, And Anthony Reid, Editors. From The Ground Up: Perspectives On Post-Tsunami And Post-Conflict Aceh, Michele Ruth Gamburd

Anthropology Faculty Publications and Presentations

Reviews the book, "From the Ground Up: Perspectives on Post-Tsunami and Post-Conflict Aceh," by Patrick Daly, R. Michael Feener, and Anthony S. J. Reid.