Digital Commons Network^™

Managing Diversity In Virtual Teams Through Perspective Taking, Nina C. Magpili, Pilar Pazos

Engineering Management & Systems Engineering Faculty Publications

The emergence of information and communication technologies has provided firms with global access to individual talent often resulting in virtual work teams with diverse sets of skills and perspectives. Diversity in the virtual workplace has been linked to richer and more innovative work solutions. However, diversity in surface attributes (ethnicity, gender, etc.) and deep-level attributes (values, attitudes, etc.) may also lead to conflict and misunderstandings which affect the level of trust and team outcome. A virtual environment further complicates diversity interactions because of reduced levels of awareness, isolation, and uninhibited behaviors. Perspective taking has the potential to help teams deal …

The Role Of Is Infrastructure And Organizational Context On Implementation Of Electronic Health Records Systems, Pilar Pazos, Anjee Gorkhali, Rolando Delaguila

Engineering Management & Systems Engineering Faculty Publications

This research explores the role that Information System (IS) infrastructure and organizational context play on the implementation of Electronic Health Records (EHR) Systems. A number of indicators can be used as a proxy for IS infrastructure such as: Information System (IS) Department Budget allocation, percentage of full time IS staff and the number of technical trainings provided by the IS department to the clinical staff. Data was obtained from the Healthcare Information and Management Systems Society (HIMSS) database, a non-for profit organization that evaluates the use of information technology in the health care industry. This paper reports on the development …

Jury Instructions As Constitutional Education, Andrew Guthrie Ferguson

University of Colorado Law Review

Juries are central to the constitutional structure of America. This Article articulates a theory of the jury as a "constitutional teaching moment," establishing a historical and theoretical basis for reclaiming the educative value of jury service. This Article addresses the fundamental question of why, despite an unquestioned acceptance of a constitutional role of the jury, our criminal justice system does not explain this role to jurors on jury duty. This Article seeks to answer the question of how we can educate jurors about the jury's constitutional role, while at the same time exploring the larger theoretical concerns with using the …

No Seat At The Water Table: Colorado's New Groundwater Basin Statute Leaves Senior Surface Rights In The Lurch, Ari J. Stiller-Shulman

University of Colorado Law Review

Wells that pump water from underground aquifers deplete water flowing in nearby rivers and streams. Colorado farmers in certain parts of the state use wells to pump large quantities of underground water for irrigation. However, other users who had pre-existing surface-water rights on nearby streams have complained that these wells drain the river and injure their prior vested water rights. Normally, surface water users with prior rights can require more junior users to stop appropriating until the senior user has diverted her full right. However, Colorado presumes that wells in certain districts-called designated basins-do not injure nearby surface streams. Still, …

Byron White-Hero And Scholar: Reflections About Punishment, Political Speech, And Public Liability, Justice John Paul Stevens

University of Colorado Law Review

No abstract provided.

Death Eligibility In Colorado: Many Are Called, Few Are Chosen, Justin Marceau, Sam Kamin, Wanda Foglia

University of Colorado Law Review

This Article reports the conclusions of an empirical study of every murder conviction in Colorado between January 1, 1999 and December 31, 2010. Our goal was to determine: (1) what percentage of first-degree murderers in Colorado were eligible for the death penalty; and (2) how often the death penalty was sought against these killers. More importantly, our broader purpose was to determine whether Colorado's statutory aggravating factors meaningfully narrow the class of death-eligible offenders as required by the Constitution. We discovered that while the death penalty was an option in over 90% of all first-degree murders, it was sought by …

State V. Henderson: A Model For Admitting Eyewitness Identification Testimony, Amy D. Trenary

University of Colorado Law Review

Eyewitness identification testimony is notoriously unreliable and has significantly contributed to wrongful convictions. Most courts use the standard set forth by the Supreme Court in Manson v. Brathwaite to assess whether eyewitness identifications are sufficiently reliable to present to the jury. But in the thirty-five years since Manson, an extensive body of research has amassed that calls into question the continuing validity of that standard. Researchers have identified numerous system variables (procedural elements subject to official control) and estimator variables (factors related to the witness, perpetrator, and event) that affect the accuracy of eyewitness identifications. The Manson standard fails to …

Guns And Membership In The American Polity, Pratheepan Gulasekaram

Publications

No abstract provided.

The End Of The Obesity Epidemic, Paul F. Campos

Publications

No abstract provided.

Title Ix’S Protections For Transgender Student Athletes, Scott Skinner-Thompson, Ilona M. Turner

Publications

This article examines legal authority and policy to determine whether transgender students in K-12 schools must be permitted to participate in athletics according to their gender identity, and without any requirement for medical intervention. The articles concludes that such a policy is consistent with legal authority under Title IX and Title VII and, more importantly, best advances the well-being of already vulnerable transgender youth by helping to incorporate and include such students in activities that are critical to physical, social, mental, emotional development, and health.

Part II of this article briefly details the history of Title IX with respect to …

The Corporate Preference For Trade Secret, Andrew A. Schwartz

Publications

Many inventions can be legally protected either by patent or by trade secrecy, and a conventional wisdom exists on how to select between them. This Article adds to that literature by showing that corporations should have an inherent preference for trade secret over patent for reasons relating to their legal form. Among them is the idea that corporations are perpetual entities and therefore perfectly suited to reap the perpetual returns that only a trade secret can offer. The Article also addresses the potential for a conflict between the inherent corporate preference for trade secret and the preferences of corporate managers, …

Panel Discussion Iii: Recognizing And Addressing Immigration Concerns In The Criminal Process, Violeta Chapin, Dan Kesselbrenner, Christina Kleiser

Publications

No abstract provided.

Water Transfers For A Changing Climate, Mark Squillace

Publications

The prior appropriation doctrine that dominates the water laws of the Western United States was perhaps the inevitable consequence of the need to manage water resources in a region where the demand for water often exceeds the supply. This doctrine has proved surprisingly clumsy at accommodating changing water needs during times of shortage. Economists have long viewed water markets as an attractive solution for reallocating water to meet the demands of an evolving community of water users. But most western states have been skeptical--sometimes even hostile--to proposed changes in historic water use patterns. This reluctance to encourage the transfer of …

Hero For The People, Hero For The Land And Water: Reflections On The Enduring Contributions Of David Getches, Charles Wilkinson

Publications

No abstract provided.

The Exit Myth: Family Law, Gender Roles, And Changing Attitudes Toward Female Victims Of Domestic Violence, Carolyn B. Ramsey

Publications

This Article presents a hypothesis suggesting how and why the criminal justice response to domestic violence changed, over the course of the twentieth century, from sympathy for abused women and a surprising degree of state intervention in intimate relationships to the apathy and discrimination that the battered women' movement exposed. The riddle of declining public sympathy for female victims of intimate-partner violence can only be solved by looking beyond the criminal law to the social and legal changes that created the Exit Myth.

While the situation that gave rise to the battered women's movement in the 1970s is often presumed …

Bad Briefs, Bad Law, Bad Markets: Documenting The Poor Quality Of Plaintiffs' Briefs, Its Impact On The Law, And The Market Failure It Reflects, Scott A. Moss

Publications

For a major field, employment discrimination suffers surprisingly low-quality plaintiffs' lawyering. This Article details a study of several hundred summary judgment briefs, finding as follows: (1) the vast majority of plaintiffs' briefs omit available caselaw rebutting key defense arguments, many falling far below basic professional standards with incoherent writing or no meaningful research; (2) low-quality briefs lose at over double the rate of good briefs; and (3) bad briefs skew caselaw evolution, because even controlling for win-loss rate, bad plaintiffs' briefs far more often yield decisions crediting debatable defenses. These findings are puzzling. In a major legal service market, how …

The U.N. Security Council's Duty To Decide, Anna Spain

Publications

When faced with a global crisis within the scope of its mandate, the United Nations Security Council (UNSC or Council) has no obligation to decide whether or not to take action. This Article argues that it should. The UNSC is the only governing body with the legal authority to authorize binding measures necessary to restore peace and security, yet neither the United Nations Charter nor the UNSC's own rules clarify the extent of its obligations. Unlike courts, the UNSC lacks a procedural rule establishing that it has a duty to decide. Unlike the United States Congress, which accepts its practical …

Re-Problematizing Anger In Domestic Violence Advocacy, Deborah Cantrell

Publications

Feminist advocacy commits wholeheartedly to a woman’s autonomous choices about how to respond to domestic violence, prioritizing a woman’s own lived experiences and her own assessments of her needs and goals over other supposedly “objective” assessments. Feminists robustly privilege individual choices of women in part as a way of revealing anti-woman bias in the dominant, patriarchal legal system as well to reject male constructions of feminine behavior. In feminist domestic violence advocacy, scholars and advocates have argued that a woman’s autonomous choices include capacious choices about the kinds of emotions that a woman might express about being subjected to abuse. …

Real Masks And Real Name Policies: Applying Anti-Mask Case Law To Anonymous Online Speech, Margot E. Kaminski

Publications

The First Amendment protects anonymous speech, but the scope of that protection has been the subject of much debate. This Article adds to the discussion of anonymous speech by examining anti-mask statutes and cases as an analogue for the regulation of anonymous speech online. Anti-mask case law answers a number of questions left open by the Supreme Court. It shows that courts have used the First Amendment to protect anonymity beyond core political speech, when mask-wearing is expressive conduct or shows a nexus with free expression. This Article explores what the anti-mask cases teach us about anonymity online, including proposed …

A Comparison Of Performance On The Wii Basic Balance Test Between Concussed And Non-Concussed Collegiate Students, Vanessa Eileen Fernandez-Vivar

Open Access Theses & Dissertations

The Wii Board Basic Balance Test has served as a useful tool for assessing balance in concussion management. In the event that an athlete is concussed, baseline data will be useful when managing a concussion. In cases where baseline data is not available, having normative data is useful to refer to in order to make appropriate return-to-play decisions. To date, normative data on the Wii Board Basic Balance Test is not available. Purpose: This study will compare the performance of concussed and nonconcussed individuals on the Wii Basic Balance Test. Method: A between subject design between the two groups of …

Reits And Stock Market Cointegration, Jessie E. Felix

Open Access Theses & Dissertations

Real Estate is popular among investors looking for attractive total returns, predictable price movements, and low correlations to the general equity markets. The financial crisis of 2007 led by real estate mortgage defaults led to a universal bear market, and a credit freeze which impacted REITs ability to raise capital. REITs long viewed perception as a distinct asset class was questioned as a result. Research analyzing REITs long run trends find evidence of an existing long run relationship between REITs, and the S&P. This paper employs the same cointegration framework of prior studies using a longer sample period, and favors …

The Impact Of Baby Sign On Motor Development In Typically Developing Infants And Toddlers, Melissa Garcia

Open Access Theses & Dissertations

"Baby Sign is an augmentative communication approach that teaches babies keyword signing that they can use to communicate before they talk." (Sneddon 2003). Baby sign has become popular among parents of infants as a means to communicate before the child can verbally express wants and needs. Programs and classes are now becoming available in many areas of the country to help teach parents basic signs to use with their children. This study aimed to assess the impact of baby

sign on motor development in typically developing infants. The study found that the impact of baby sign language on motor development …

Microstructure And Properties For Titanium Aluminide Superalloy Prototypes Fabricated By Electron Beam Melting And Thermally Processed, Jennifer Hernandez

Open Access Theses & Dissertations

Gamma TiAl has been considered to be an ideal replacement for Ni-base superalloy aerospace applications, particularly in weight-critical applications. While bulk, fully dense gamma-TiAl is 50% less dense than Ni-base superalloys, it also has excellent mechanical properties at high temperature (up to ~800°C). Pre alloyed (Ti-48Al-2Cr-2Nb) powder was used to fabricate solid, fully dense (3.85 g/cm3) components and foam components with densities ranging from 0.33 g/cm³ to 0.46 g/cm³ by electron beam melting (EBM). A 10:1 blend of 2-phase TiAl (Ti-48Al-2Cr-2Nb in ^a/_o) : Inconel 625 (Ni-22Cr-6Mo-2Nb in ^a/_o) pre-alloyed powders produced …

Examining The Effects Of Impression Management And Self-Deception On Self-Reports Of Alcohol Use And Alcohol Related Problems In Hispanic College Students And Municipal Firefighters, Kristen Eileen Hernandez

Open Access Theses & Dissertations

Researchers use survey methods in a variety of settings to assess health behaviors, chronic disease, and other health outcomes. Since most surveys rely on self-report from respondents, prevalence rates have been regarded with criticism on the assumption that some respondents are unwilling to divulge personal information about behaviors due to people's desires to maintain a good impression. Accordingly, the purpose of this study was to assess the extent to which self-reported drinking behavior correlates with measures of two known biases that may affect the validity of such report: Impression management and self-deception. The present study consisted of a secondary analysis …

Assessment Of Abaqus Capabilities For Crack Growth And Calculation Of Energy Release Rate, Luis Alonso Hernandez

Open Access Theses & Dissertations

The purpose of this study was to benchmark ABAQUS modeling capabilities for crack propagation and calculation of energy release rate against closed-form analytical solutions. The crack growth capability for this study was evaluated using the following techniques: virtual crack closure technique (VCCT), X-FEM coupled with VCCT, and X-FEM coupled with cohesive segments. The capability of calculating the energy release rate was assessed by using the J-integral routine. A Double Cantilever Beam (DCB) specimen was used to conduct the study for mode I propagation, and a mixed mode bending (MMB) specimen was used to study the propagation for mixed mode I/II …

The Threat Of Domestic Bioterrorism: Fact Or Fiction, Stacy M. Langston

Open Access Theses & Dissertations

The threat of a domestic bioterrorist attack can be a daunting issue to cover. Using the analytic technique What If? Analysis a scenario was created for a domestic bioterrorism attack in Houston, TX. Indicators were developed to determine how to mitigate and respond to the attack. Recommendations were provided following the attack that can be used to prevent future attacks that were conducted in the scenario. Having a hindsight view of an attack is the best way to prevent and respond to the attack.

Mental Health And Medication Adherence As A Function Of Early Life Physical And Sexual Trauma In Hiv+ Latino Men Who Have Sex With Men, Carolina Lara

Open Access Theses & Dissertations

The objective of the study is to understand sexual risk and medication adherence among Latino HIV+ men who have sex with men (MSM) and who have a history of childhood trauma (CT; which may include unwanted sexual experiences, physical threats, physical harm and /or verbal abuse prior to the age of 16). We sampled 150 Latino adult MSM living with HIV at a clinic in El Paso, Texas that offers comprehensive HIV/AIDS services to those living on the U.S.-Mexico Border. We assessed self-reported histories of childhood abuse and participants' control expectancies not only toward sexual impulsivity, but also more generally. …

Brooklyn And The Bicycle, David V. Herlihy

Publications and Research

No abstract provided.

Innocence And Its Impact On The Reassessment Of The Utility Of Capital Punishment: Has Time Come To Abolish The Ultimate Sanction?, Vincent R. Jones, Bruce Wilson

University of Miami Law Review

No abstract provided.

The Development And Validation Of A Domestic Violence Scale Administered To Ged Program Participants To Determine The Effect On Test Performance, Andres Muro

Open Access Theses & Dissertations

Overwhelming evidence shows that domestic violence is a very serious problem affecting women in the United States. Black et al. (2010) report that approximately 34 million women in the United States, or approximately 30%, have experienced some form of violence including rape, physical, violence, and/or stalking in their lifetimes. Twenty-two percent of the victims have experienced PTSD, 15% have been injured, and 8% have needed medical care. While these statistics show that domestic violence is a serious problem, there are virtually no statistics about the extent to which domestic violence is a barrier to the academic success of Latina immigrant …