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2013

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Clinicians’ Reports Of The Impact Of The 2008 Financial Crisis On Mental Health Clients, Donna M. L. Heretick Jan 2013

Clinicians’ Reports Of The Impact Of The 2008 Financial Crisis On Mental Health Clients, Donna M. L. Heretick

Journal of Social, Behavioral, and Health Sciences

This study investigated the impact of the 2008 economic crisis on mental health clients. One hundred and three mental health providers (101 being psychologists) from California, Colorado, and Arizona completed an online survey. Following Lazarus’ stress theory, social identity theory, and the finances-shame model, several moderator variables were evaluated for impact of financial crisis: gender, age group, previous mental health, lifestyle threat, and sources for support. As predicted, male and female clients were generally described as equally stressed, but stress responses differed. Financial role responsibilities and previous mental health were noted as predictors of stress. Men—as well as clients earning …

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Theoretical Communities Of Praxis: The University Writing Center A Cultural Contact Zone, Randall William Monty Jan 2013

Theoretical Communities Of Praxis: The University Writing Center A Cultural Contact Zone, Randall William Monty

Open Access Theses & Dissertations

The fundamental purpose of Theoretical Communities of Praxis: The University Writing Center as Cultural Contact Zone is to investigate the situatedness of Writing Center Studies, defining it as an autonomous (sub)discipline and interdisciplinary contact zone within the larger discipline of Rhetoric and Composition. In order to meet this objective, a "Communities of Praxis" methodological and theoretical framework, based on scholarship of Critical Discourse Analysis, ecocomposition, and Contextualist Research Paradigm, is applied in the analysis of a variety of WCS discourses. In doing so, WCS is repositioned as a series of interrelated, triangulated contact zones that are based on collaborative interactions …

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Mouth To Mouth, Blake Nemec Jan 2013

Mouth To Mouth, Blake Nemec

Open Access Theses & Dissertations

NA

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Factors Influencing Social, Cultural, And Academic Transitions Of Chinese International Esl Students In U.S. Higher Education, Akiko Ota Jan 2013

Factors Influencing Social, Cultural, And Academic Transitions Of Chinese International Esl Students In U.S. Higher Education, Akiko Ota

Dissertations and Theses

The U.S. is the leading nation for international students to pursue higher education; the majority of whom are from countries with significant differences in culture and language from American students. As such, many international students start higher education in ESL support programs. While on the surface international students supposedly add cultural and linguistic diversity to American higher education by contributing to the internationalization of campuses, international students' transition into U.S. life and academe is often fraught with challenges including culture shock, adjusting to the new environment and society, adjustment to norms of academic performance, acquisition of academic and language skills, …

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Redeeming Transect Zoning?, Nicole Stelle Garnett Jan 2013

Redeeming Transect Zoning?, Nicole Stelle Garnett

Journal Articles

Thanks to the growing influence of the new urbanists- a group of architects aid urban-planning professionals who promote the development of mixed-land-use neighborhoods- "transect zoning" is becoming the zoning reform du jour. Over the last few decades, the new urbanists have mounted a remarkably successful public-relations campaign against traditional zoning practices and the suburban land use patterns that they mandate. The new urbanists' case against zoning is part antisuburban polemic and part pro-urban philosophy. At heart, the new urbanists' claim is that cities are good for us-and suburbs are bad. Or, to put the claim into social-science terminology, the new …

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Court-Packing And Compromise, Barry Cushman Jan 2013

Court-Packing And Compromise, Barry Cushman

Journal Articles

President Franklin D. Roosevelt’s 1937 Court-packing bill would have permitted him to appoint six additional justices to the Supreme Court, thereby expanding its membership to fifteen immediately. Throughout the ultimately unsuccessful campaign to enact the measure, Roosevelt was presented with numerous opportunities to compromise for a measure authorizing the appointment of fewer additional justices. The President rejected each of these proposals, and his refusal to compromise often has been attributed to stubbornness, overconfidence, or hubris. Yet an examination of the papers of Attorney General Homer S. Cummings reveals why FDR and his advisors believed that he required no fewer than …

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Wild Bearded Capuchin Monkeys (Sapajus Libidinosus) Strategically Place Nuts In A Stable Position During Nut-Cracking, Dorothy M. Fragaszy, Qing Liu, Barth Wright, Angellica Allen, Callie Welch Brown, Elisabetta Visalberghi Jan 2013

Wild Bearded Capuchin Monkeys (Sapajus Libidinosus) Strategically Place Nuts In A Stable Position During Nut-Cracking, Dorothy M. Fragaszy, Qing Liu, Barth Wright, Angellica Allen, Callie Welch Brown, Elisabetta Visalberghi

Faculty and Staff Publications

Humans can use hand tools smoothly and effectively in varying circumstances; in other words, skillfully. A few other species of primates crack encased foods using hammer tools and anvils. Are they skilled? Positioning the food on the anvil so that it does not fall off when struck is a component of skilled cracking. We discovered that bearded capuchin monkeys deliberately place palm nuts in a relatively stable position on the anvil before striking them. In the first experiment, we marked the meridians of palm nuts where they stopped when rolled on a flat surface ("Stop meridian"). We videotaped monkeys as …

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The Federal Reserve’S Use Of International Swap Lines, Colleen M. Baker Jan 2013

The Federal Reserve’S Use Of International Swap Lines, Colleen M. Baker

Journal Articles

This Article focuses on the U.S. Federal Reserve's controversial practice of loaning U.S. dollars to foreign central banks, which the foreign central banks then turn around and loan to institutions in their jurisdictions. The Federal Reserve does not know the identity of these recipient institutions. Nevertheless, these loans-termed "swap lines"-provide foreign financial institutions the type of financial stability that the U.S. Federal Reserve was created to provide for U.S. banks during times of crises. During the financial crisis, the U.S. Federal Reserve arranged swap lines with 14 foreign central banks for a total amount of $583 billion, making it the …

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Reference Modelling In Support Of M&S—Foundations And Applications, Andreas Tolk, Saikou Diallo, Jose Padilla, H. Herencia-Zapana Jan 2013

Reference Modelling In Support Of M&S—Foundations And Applications, Andreas Tolk, Saikou Diallo, Jose Padilla, H. Herencia-Zapana

Engineering Management & Systems Engineering Faculty Publications

Whether by design or by practice, systems engineering (SE) processes are used more and more often in Modeling and Simulation (M&S). While the two disciplines are very close, there are some differences that must be taken into account in order to successfully reuse practices from one community to another. In this paper, we introduce the M&S System Development Framework (MS-SDF) that unifies SE and M&S processes. The MS-SDF comprises the SE processes of requirements capture, conceptual modelling, and verification and validation (V&V), and extends them to M&S. We use model theory as a deductive apparatus in order to develop the …

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What Marriage Law Can Learn From Citizenship Law (And Vice Versa), Govind Persad Jan 2013

What Marriage Law Can Learn From Citizenship Law (And Vice Versa), Govind Persad

Publications

Citizenship and marriage are legal statuses that generate numerous privileges and responsibilities. Legal doctrine and argument have analogized these statuses in passing: consider, for example, Ted Olson’s statement in the Hollingsworth v. Perry oral argument that denying the label “marriage” to gay unions “is like you were to say you can vote, you can travel, but you may not be a citizen.” However, the parallel between citizenship and marriage has rarely been investigated in depth. This paper investigates the marriage-citizenship parallel with a particular focus on three questions prompted by recent developments in law and policy: 1) Should we provide …

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Are Ballot Titles Biased: Partisanship In California's Supervision Of Direct Democracy, Christopher S. Elmendorf, Douglas M. Spencer Jan 2013

Are Ballot Titles Biased: Partisanship In California's Supervision Of Direct Democracy, Christopher S. Elmendorf, Douglas M. Spencer

Publications

This study investigates whether and if so under what conditions the California attorney general (AG), who authors the ballot title and summary (label) for statewide ballot initiatives, writes ballot language that is biased rather than impartial. State law demands an impartial label, but commentators frequently complain that the AG chooses misleading language to bolster (undermine) measures that the AG or the AG's party supports (opposes). In this Article, using a convenience sample of students from several universities, we measure ordinary observers' perceptions of bias in ballot labels for initiatives dating back to 1974. Separately, we calculate an objective measure of …

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Gerontology And The Law: A Selected Annotated Bibliography: 2009-2011 Update, Karen Skinner Jan 2013

Gerontology And The Law: A Selected Annotated Bibliography: 2009-2011 Update, Karen Skinner

Publications

No abstract provided.

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The Story Of Kleppe V. New Mexico: The Sagebrush Rebellion As Un-Cooperative Federalism, Robert L. Fischman, Jeremiah I. Williamson Jan 2013

The Story Of Kleppe V. New Mexico: The Sagebrush Rebellion As Un-Cooperative Federalism, Robert L. Fischman, Jeremiah I. Williamson

University of Colorado Law Review

federal power advancing national conservation objectives collided with traditional, local economic interests on public lands in the 1970s. This Article connects that history with current approaches to natural resources federalism. New Mexico challenged the Wild Free-Roaming Horses and Burros Act, which diminished both state jurisdiction and rancher influence over public rangelands. In response, the Supreme Court resoundingly approved federal authority to reprioritize uses of the public resources, including wildlife, and spurred a lasting backlash in the West. Further legislation passed in the wake of Kleppe transformed this unrest into a political movement, the Sagebrush Rebellion. Though Kleppe failed to undermine …

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Reviving The Public Ownership, Antispeculation, And Beneficial Use Moorings Of Prior Appropriation Water Law, Gregory J. Hobbs, Jr. Jan 2013

Reviving The Public Ownership, Antispeculation, And Beneficial Use Moorings Of Prior Appropriation Water Law, Gregory J. Hobbs, Jr.

University of Colorado Law Review

This article addresses originating principles of Colorado prior appropriation water law and demonstrates how the Colorado Supreme Court has applied them in significant cases decided during the first decade of the twenty-first century, a sustained period of drought. These principles include public ownership of the water resource wherever it may be found within the state, allocation of available unappropriated surface water and tributary groundwater for appropriation by private and public entities in order of their adjudicated priorities, and the antispeculation and beneficial use limitations that circumscribe the amount and manner of use each water right is subject to. Demonstrating that …

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Reflections On Social Change And Law Reform, John D. Leshy Jan 2013

Reflections On Social Change And Law Reform, John D. Leshy

University of Colorado Law Review

No abstract provided.

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Jury Instructions As Constitutional Education, Andrew Guthrie Ferguson Jan 2013

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 …

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The Litigation Financing Industry: Regulation To Protect And Inform Consumers, Martin J. Estevao Jan 2013

The Litigation Financing Industry: Regulation To Protect And Inform Consumers, Martin J. Estevao

University of Colorado Law Review

Litigation financing companies ("LFCs") provide nonrecourse cash advances to plaintiffs in exchange for a portion of their lawsuits' potential future proceeds. While this arrangement allows individuals to continue to litigate without having to accept unjust settlement offers, desperate consumers are often forced to pay inequitable interest rates for the cases they finance. Because there is no absolute obligation to repay the LFC, the industry manages to avoid regulation under state interest rate ceilings for consumer loans. The few existing litigation financing laws do not restrict the interest rates that LFCs may charge, and even if some courts are willing to …

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The Rise Of The Transgender Child: Overcoming Societal Stigma, Institutional Discrimination, And Individual Bias To Enact And Enforce Nondiscriminatory Dress Code Policies, Holly V. Franson Jan 2013

The Rise Of The Transgender Child: Overcoming Societal Stigma, Institutional Discrimination, And Individual Bias To Enact And Enforce Nondiscriminatory Dress Code Policies, Holly V. Franson

University of Colorado Law Review

School districts are often called upon to adapt school policies in response to changing student populations, and transgender students appear to be an emerging student population. Schools should adopt nondiscriminatory and inclusive dress code policies to accommodate transgender students. Recently, awareness and advocacy on behalf of children who can be classified as transgender have increased. Unfortunately, despite this increase in awareness and advocacy, transgender students continue to face unique obstacles in the school environment, including bullying, as a result of being transgender. Because the primary means through which transgender students express their identified genders is through their dress, schools should …

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Table Of Contents (Vol. 84, Issue 3) Jan 2013

Table Of Contents (Vol. 84, Issue 3)

University of Colorado Law Review

No abstract provided.

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Renewable Energy Through Agency Action, Amy L. Stein Jan 2013

Renewable Energy Through Agency Action, Amy L. Stein

University of Colorado Law Review

Despite the many societal benefits associated with renewable energy, it is used to generate only about 5 percent of our nation's electricity needs. The bulk of governmental efforts to rectify this situation have disproportionately impacted private actors. This Article argues that the federal government should expand its efforts to more fully capture the gains that can be achieved by targeting both private and public actors, particularly federal agencies. Federal agencies have enormous purchasing power that can be channeled toward using electricity and fuels derived from renewable energy. Federal agencies are some of the largest consumers of electricity. Federal agencies manage …

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No Seat At The Water Table: Colorado's New Groundwater Basin Statute Leaves Senior Surface Rights In The Lurch, Ari J. Stiller-Shulman Jan 2013

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, …

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I'Ll Huff And I'Ll Puff And I'Ll Blow Your House Down: The Argument For The Ability To Purchase Your Neighbor's Wind, Emily J. Wasserman Jan 2013

I'Ll Huff And I'Ll Puff And I'Ll Blow Your House Down: The Argument For The Ability To Purchase Your Neighbor's Wind, Emily J. Wasserman

University of Colorado Law Review

Wind power capacity has increased substantially over the past decade. This growth in capacity is partially attributable to the policies that federal and state governments have enacted to help developers overcome the economic barriers to building commercial-scale wind facilities. However, the existing economic policies have a limited ability to continue to incentivize development of new wind power capacity. Therefore, if wind power capacity is going to continue to grow so that wind power eventually supplies enough electricity to meet a significant amount of the United States' energy needs, states need to supplement the economic policies with other, noneconomic policies. Specifically, …

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Table Of Contents (Vol. 84, Issue 4) Jan 2013

Table Of Contents (Vol. 84, Issue 4)

University of Colorado Law Review

No abstract provided.

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Byron White-Hero And Scholar: Reflections About Punishment, Political Speech, And Public Liability, Justice John Paul Stevens Jan 2013

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.

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Death Eligibility In Colorado: Many Are Called, Few Are Chosen, Justin Marceau, Sam Kamin, Wanda Foglia Jan 2013

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 …

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Misguided Patent Reform: The Questionable Constitutionality Of First-To-File, Andrew L. Sharp Jan 2013

Misguided Patent Reform: The Questionable Constitutionality Of First-To-File, Andrew L. Sharp

University of Colorado Law Review

American cigarette warning labels are lackluster compared to others around the world. To address this inadequacy, the FDA created nine graphic-image cigarette warning labels that were scheduled to appear on all cigarette packages sold in the US beginning in 2012. However, before they debuted, the D.C. Circuit Court of Appeals struck the labels down in R.J. Reynolds Tobacco Co. v. FDA, holding that they constituted compelled commercial speech in violation of the First Amendment. This Note argues that the R.J. Reynolds decision conflicts with the Supreme Court's commercial speech jurisprudence. Historically, the Supreme Court has applied limited First Amendment protection …

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State V. Henderson: A Model For Admitting Eyewitness Identification Testimony, Amy D. Trenary Jan 2013

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 …

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The Anonymous Internet, Bryan H. Choi Jan 2013

The Anonymous Internet, Bryan H. Choi

Publications

This Article argues in favor of regulating online anonymity, not from the standpoint that doing so will prevent harmful abuses or improve security, but instead that refusing to do so will ultimately harm other liberty interests. One principle that has emerged from cyberlaw scholarship is that we should safeguard the Internet’s "generativity"— a key attribute representing the latitude and plasticity with which a technology (like the Internet) can be adapted to perform new, unanticipated uses—because generativity is the root source of the Internet’s unique vitality. Yet, if we want regulators to leave generativity alone, we must offer them another point …

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Immigration Federalism: A Reappraisal, Pratheepan Gulasekaram, Karthick Ramakrishnan Jan 2013

Immigration Federalism: A Reappraisal, Pratheepan Gulasekaram, Karthick Ramakrishnan

Publications

No abstract provided.

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Guns And Membership In The American Polity, Pratheepan Gulasekaram Jan 2013

Guns And Membership In The American Polity, Pratheepan Gulasekaram

Publications

No abstract provided.

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