Digital Commons Network^™

The Denaturalization Of Miguel De Cervantes Saavedra's El Igenioso Hidalgo Don Quijote De La Mancha In Children's Entertainment In The United States, Danielle Vincenza South

Graduate Theses, Dissertations, and Problem Reports (ETD)

Versions of Miguel de Cervantes Saavedra's El ingenioso hidalgo don Quijote de la Mancha for United States children have been adapted to fit the North American target market. This research aims to identify what changes have occurred and the impact the United States' cultural touch could have on the comprehension of the original text. In the analysis to follow, the four chosen works, two books and two cartoons, demonstrate American beliefs that appeal to the intended audience. One book, entitled Adventures of Don Quixote written by Argentina Palacios, conveys the concept of the American Dream to her readers. UB IWERKS's …

Il-15 Signaling In Skeletal Muscle: Implications In Modulation Of Pgc-1alpha And Mitochondrial Biogenesis, Grant C. O'Connell

Graduate Theses, Dissertations, and Problem Reports (ETD)

Altering interleukin-15 (IL-15) signaling through ablation of interleukin receptor alpha (IL-15Ralpha) in the IL-15Ralpha global KO mouse has been shown to result in an oxidative shift in skeletal muscle characterized by enhanced fatigue resistance and increases in mitochondrial density. However, the mechanism of this phenomenon is unclear, as IL-15 signaling in skeletal muscle has been virtually unexplored. It has been previously suggested that loss of IL-15Ralpha in the global KO mouse directly results in an increase in muscle IL-15 secretion, and this increase in secreted IL-15 acts on skeletal muscle in an autocrine fashion, directly stimulating pro-oxidative remodeling. Thus, the …

High Salt Diet-Induced Alteration In Vascular Reactivity In Wild-Type And Adenosine A2a Receptor Null Mice, Isha Pradhan

Graduate Theses, Dissertations, and Problem Reports (ETD)

Alteration in vascular reactivity serves as a marker for cardiovascular disease. Enhancement of vasodilatory response through adenosine A2A receptor (A2AAR) signaling against high salt (HS) diet is speculated to be an adaptive response as salt-sensitive rats showed upregulation of A 2AAR and cyp-epoxygenases but salt-resistant rats did not. However, no direct evidence is available showing the compensatory role of A2A AR signaling upon salt loading. For this, understanding the functional and biochemical outcome of HS diet on vascular tone regulation and its underlying signaling mechanism in the presence and absence of A 2AAR is required. This dissertation was carried out …

The Language Of Mens Rea, Kenneth Simons, Matthew R. Ginther, Francis X. Shen, Richard J. Bonnie

Faculty Scholarship

This article answers two key questions. First: Do jurors understand and apply the criminal mental state categories the way that the widely influential Model Penal Code (MPC) assumes? Second: If not, what can be done about it?

Principled Standards Vs. Boundless Discretion: A Tale Of Two Approaches To Intermediary Trademark Liability Online, Stacey Dogan

Faculty Scholarship

Over the past decade, courts have developed two distinct approaches in evaluating trademark claims against online intermediaries. In one – contributory infringement – courts struggle with the tension between preserving legitimate, non-infringing uses of technologies, on the one hand, and minimizing infringement, on the other. In the other – direct infringement – liability turns on perceived wrongdoing by intermediaries whose own behavior increases the risk of consumer confusion. This second type of liability boasts neither a clear doctrinal framework nor a coherent normative vision. Most troublingly, the scant case law has paid little attention to issues at the core of …

Classical Liberal Constitution Or Classical Liberal Construction?, Gary S. Lawson

Faculty Scholarship

In The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2013), Richard Epstein says that he "incorporates but goes beyond" originalist theory by calling for adjudication "in sync with" classical liberal theory political theory, which Professor Epstein claims underlies the Constitution. Without in any way detracting from the numerous virtues of this book, I argue that this is primarily a work of constitutional construction rather than constitutional interpretation. From the standpoint of interpretation, the background rules that best supplement the constitutional text are found in eighteenth-century fiduciary law rather than in classical liberal political theory, though the latter is …

A Poultry Litter Marker Gene Correlates With Pathogen And Indicator Bacteria Deposition On, Growth In And Transport From Poultry Bedding, Kameswari Sirisha Mantha

Graduate Theses, Dissertations, and Problem Reports (ETD)

Poultry is one of the major contributors of inputs to U.S. environmental waters due to the large number of poultry grown per year in the U.S. and litter disposal practices. Two studies were conducted during this research: (1) to determine the temporal rate of deposition and growth or decay of microorganisms in poultry litter originating from poultry feces and (2) the release and transport of poultry litter associated microorganisms from soiled poultry litter applied as fertilizer through soil columns under simulated rainfall. First, deposition studies were conducted to evaluate the deposition rate of microorganisms on poultry bedding during the growth …

Turn Of Events: How Environmental Temperatures And Artificial Nest Habitats Influence Incubation Behaviors Of Cassin's Auklets (Ptychoramphus Aleuticus), Emma Kelsey

Master's Theses

Nest attendance behaviors are critical to hatching success for most bird species. Yet, details of avian incubation behaviors are still not well understood, especially for species that nest in burrows and crevices. Cassin's auklet (Ptychoramphus aleuticus) is a burrow-nesting seabird found throughout the northeastern Pacific Ocean, including Southeast Farallon Island, California (SEFI). Artificial nest boxes have been used to monitor Cassin's auklets (hereafter auklet) breeding on SEFI. Temperatures in un-shaded nest boxes can increase significantly during extreme heat events. The effects of these elevated temperatures on auklet incubation behaviors and egg viability are not clear. In this study, egg data …

The Effects Of Post-Operative Analgesics On Ovarian Surface Angiogenesis After Transplantation Of Young Ovaries Into Aged Mice, Christine Petrovec

Master's Theses

The formation of new blood vessels from pre-existing vasculature, termed angiogenesis, is essential for tissue viability and continuous organ function after murine ovary allotransplantation. Interference with the process of angiogenesis can result in cellular injury and tissue necrosis in the transplanted ovarian tissue. Although recommended, the use of analgesics for post-operative pain management has been shown to alter angiogenesis and could negatively affect transplanted ovarian tissue viability. The present study evaluated the effects of two analgesics, the opiate buprenorphine and the non-steroidal anti-inflammatory drug meloxicam, on superficial ovarian vessel formation after the transplantation of young ovaries into aged mice. One-Way …

An Analysis Of An Andean Cosmovisión: Nature, Culture, Ecology, And Cosmos, Christian Ardeleanu

Master's Theses

Modern life may offer certain benefits for humanity, but it can also create a barrier between humans and the natural world. In contrast, the millenarian Aymara culture of the Bolivian Andes exhibits a harmonic interrelation with nature, ecology, and the cosmos, and it also represents a living system of indigenous knowledge and knowledge production/transformation. The Aymara system of knowing and knowledge production, like other indigenous systems, should not be mistaken for antiquated elements of culture and folklore but should be seen as a distinct and dynamic epistemology. The Aymara cosmovisión is similar to the philosophy of ecology, sharing some general …

Environmental Education As A Catalyst For Changing Students' Environmental Attitudes: A Survey Of Ten Universities In The Tokyo Bay And San Francisco Bay Areas, Minako Nishiyama

Master's Theses

Environmental education has been internationally recognized as a key tool to counter increasing threats to the environment. Previous studies have found that environmental values and beliefs are the fundamental factors that shape various pro-environmental behaviors. This study aimed to increase our understanding of how environmental education during childhood and university periods influence students' sense of connectedness to nature and ecological worldview. Two measures, the Connectedness to Nature Scale (CNS) and the New Ecological Paradigm (NEP) scale, were used for this purpose. A total of 1,266 students in 10 universities in the San Francisco Bay Area and Tokyo Bay Area participated …

An Investigation Of Coastal Groundwater Discharge And Associated Nutrient Inputs Using Electrical Resistivity, Temperature, And Geochemical Tracers In Pescadero Lagoon, California, Christina Maryann Volpi

Master's Theses

Pescadero Lagoon is a complex lagoon system located on the central California coast in San Mateo County. Over the last decade, external stressors such as degraded water quality, restricted circulation, heightened groundwater withdrawals, changes in the fluvial geomorphology that affect surface water runoff, and widespread agriculture in the watershed have impacted the lagoon. The lagoon system is bounded on the marine side by an ephemeral sand berm that is seasonally closed and so hinders open exchange with the ocean. This berm and the Mediterranean-type climate play an important role in the lagoon's circulation and water quality. The most high-profile and …

The Tempest, Marina Chappie

Master's Theses

This Creative Project in Creative Writing consists of an original feature-length screenplay titled The Tempest, which follows the story of a boy, Jax, who the night before the attack on Pearl Harbor in 1941, watches a US Army General hand off secret intelligence to Japanese soldiers on US soil. Silenced by the death of his friend, Jax hides the evidence, which his granddaughter, Miranda, uncovers seventy years later.

Miranda is a 14-year-old wallflower struggling to come to terms with the death of her mother when dementia threatens to take away her O'Pa Jax. She grew up listening to his wild …

Pathway To The Podium: Situating Rhetorical Agency Within The Tommie Smith And John Carlos 1968 Mexico City Olympic Protest, Andrew Carter

Master's Theses

The recent romanticization and celebration of the Tommie Smith and John Carlos 1968 Mexico City Olympic Protest has allowed contemporary American society to recognize both athletes as heroes and pioneers within the Civil Rights movement. They have been honored with of a number of awards both nationally and internationally, as well as memorialized with a 22-foot high statue that was erected on the campus of San José State University in 2005. From once being ostracized as national villains, Smith and Carlos have come full circle in how they are referenced within public consciousness. However this recent transformation on the part …

Native American Response And Resistance To Spanish Conquest In The San Francisco Bay Area 1769-1846, Gustavo Adolfo Flores

Master's Theses

This study focuses on how secular, governmental, and ecclesiastical Hispanic Empire institutions influenced the response and resistance of San Francisco Native American groups from 1769 to 1846. This project draws on late 18th and early 19th century primary Spanish documents and secondary sources to help understand the context of indigenous people's adaptive and response behaviors during this period as well as the nuances of their perspective and experience. Using both electronic and physical documents from a number of archival databases, primary Spanish documents were translated and correlated with baptismal and death mission records. This allowed for formulating alternative perspectives and …

Novel Bacterial Lineages In The Uncultured Candidate Division Sr1, Sumreet Kaur Ghotra

Master's Theses

Complex and naturally occurring microbial communities are known to be predominantly composed of uncultured bacteria and archaea. A few representatives of uncultured prokaryotes (e.g., from the candidate divisions TM7 and SR1) have been found in environmental samples and in association with animals, including humans. It is not yet clear, however, how uncultured bacteria found at environmental sites relate phylogenetically to their counterparts associated with animal hosts. In this study, we investigated the diversity of the SR1 candidate division to better understand the divide between animal-associated and environmental lineages. We generated 16S rDNA gene clone libraries from samples obtained from the …

The Response Of Bats To Introduced Trout In Naturally Fishless Lakes Sierra Nevada, California, Elizabeth Gruenstein

Master's Theses

Stocking of trout into naturally fishless water bodies in the mountains of western North America has reduced populations of many native species in those systems, with benthic aquatic invertebrates being particularly impacted. Although bats are known consumers of emergent aquatic insects, almost no studies have focused on how changes to these prey populations at lakes subsequent to trout stocking could affect them. This study assessed bat activity, foraging activity, and foraging rate at nine feature-matched pairs of stocked and unstocked high elevation lakes in the central Sierra Nevada mountains in an effort to determine which provide higher quality foraging habitat …

Mapping The Monster: Locating The Other In The Labyrinth Of Hybridity, Jill Kristine Harper

Master's Theses

By the last two decades of the nineteenth century, Great Britain led the European contest for imperial dominion and successfully extended its influence throughout Africa, the Americas, South East Asia, and the Pacific. National pride in the world's leading empire, however, was laced with an increasing anxiety regarding the unbridled frontier and the hybridization of Englishness and the socio-ethnic and cultural Other. H. Rider Haggard's She, Bram Stoker's Dracula, and Richard Marsh's The Beetle, three Imperial Gothic novels, personify the monstrosity of hybridity in antagonists who embody multiple races and cultures. Moreover, as representatives of various ancient …

Afterword: Conferring About The Conference, Jessica Silbey, Aaron Perzanowski, Marketa Trimble

Faculty Scholarship

We heard at the conference five rich papers, all addressing in one way or another the conference's theme: "ReCalibrating Copyright: Continuity, Contemporary Culture, and Change." Professor Craig Joyce, in his capacity as conference convener, asked us as Fellows, at the end of the day of presentations and discussions, how we thought the Presenters' papers spoke to each other and to the conference's focus.

Patent Law Federalism, Paul Gugliuzza

Faculty Scholarship

Most lawsuits arising under federal law can be filed in either state or federal court. Patent suits, however, may be filed only in federal court. Why do patent cases receive exceptional treatment? The usual answer is that federal courts, unlike state courts, provide uniformity and expertise in patent matters. This Article analyzes whether exclusive jurisdiction actually serves those policy aims and concludes that the uniformity-expertise rationale is overstated. If exclusive federal patent jurisdiction is to be justified, attention must also be given to pragmatic considerations, such as the respective quality of state and federal trial courts, the courts’ ability to …

Parity Promotes Peace: Resolving Conflicts Through A Random Device, Erik O. Kimbrough, Roman M. Sheremeta, Timothy W. Shields

ESI Publications

Due to the high costs of conflict both in theory and practice, we examine and experimentally test the conditions under which conflict between asymmetric agents can be resolved. We model conflict as a two-agent rent-seeking contest for an indivisible prize. Before conflict arises, both agents may agree to allocate the prize by fair coin flip to avoid the costs of conflict. The model predicts that “parity promotes peace”: in the pure-strategy equilibrium, agents with relatively symmetric conflict capabilities agree to resolve the conflict by using a random device; however, with sufficiently asymmetric capabilities, conflicts are unavoidable because the stronger agent …

Older Adults’ Contributions To The Tsimane Forager-Farmer Economy, Eric Schniter

Psychology Faculty Articles and Research

Portfolio of original photographs and an accompanying essay about the role of elders among the Tsimane, an indigenous group living in the Bolivian Amazon.

Irredeemably Inefficient Acts: A Threat To Markets, Firms, And The Fisc, Alex Raskolnikov

Faculty Scholarship

This Article defines and explores irredeemably inefficient acts – a conceptually distinct and empirically important category of socially undesirable conduct. Though inefficient behavior is, no doubt, pervasive, the standard view holds that inefficient conduct may be converted into efficient behavior by forcing actors to internalize the external harms of their decisions. For some acts, however such conversion is impossible. These acts are not just inefficient forms of otherwise socially beneficial activities – they are not just contingently inefficient. Rather, they are inefficient at their core; they reduce social welfare no matter what the regulator does. These irredeemably inefficient (or just …

Property And The Right To Exclude Ii, Thomas W. Merrill

Faculty Scholarship

In 1998 I published a short essay entitled Property and the Right to Exclude. It appeared in an issue of the Nebraska Law Review honoring Lawrence Berger, a long-time property professor at Nebraska. The essay has been rather widely cited, but I have my doubts as to whether it has been widely read. A review of citations in Westlaw suggests that the essay is commonly identified as arguing that the right to exclude is the "sine qua non" of property, a statement that appears in the opening paragraph. The typical citing author takes this to mean that …

The Power To Threaten War, Matthew C. Waxman

Faculty Scholarship

Existing war powers scholarship focuses overwhelmingly on the President's power to initiate military operations abroad and the extent to which that power is constrained by Congress. It ignores the allocation of legal power to threaten military force or war, even though threats – to coerce or deter enemies and to reassure allies – are one of the most important ways in which the United States government wields its military might. This paper fills that scholarly void, and draws on recent political science and historical scholarship to construct a richer and more accurate account of the modern presidency's powers to shape …

Text And Context: Contract Interpretation As Contract Design, Ronald J. Gilson, Charles F. Sabel, Robert E. Scott

Faculty Scholarship

Contract interpretation remains the most important source of commercial litigation and the most contentious area of contemporary contract doctrine and scholarship. Two polar positions have competed for dominance in contract interpretation. In a textualist regime, generalist courts cannot consider context; in a contextualist regime, they must. Underlying this dispute are contrary assumptions about the prototypical contract each interpretive style addresses. For modern textualists, contracts are bespoke, between legally sophisticated parties who embed as much or as little of the contractual context as they wish in an integrated writing and prefer to protect their choices against judicial interference by an interpretive …

Patent Trolling Why Bio & Pharmaceuticals Are At Risk, Robin Feldman, Nicholson W. Price Ii

Faculty Scholarship

No abstract provided.

Transparency, Robin Feldman

Faculty Scholarship

The patent regime is a quintessential notice system. Implicit in its design is the concept that one attempting to license a patent can identify those who hold the requisite rights and the territory that the patent holders claim. The modern system, however, bears little resemblance to the idealized form. In the last decade, an entire Hobbit’s world has been created under the foliage with little information available to inform the market. To address the problem, this Article suggests borrowing from doctrines related to disclosure in the realm of corporate securities, molding those doctrines to particular patent concerns. As a government …

The Draft Bay Delta Conservation Plan Assessment Of Environmental Performance And Governance, Brian E. Gray, Jeffrey Mount, William Fleenor, Bruce Herbold, Wim Kimmerer

Faculty Scholarship

No abstract provided.

Why Restate The Bundle? The Disintegration Of The Restatement Of Property, Thomas W. Merrill, Henry E. Smith

Faculty Scholarship

The American Law Institute (ALI) has devoted a great deal of time and energy to restating the law of property. To date, the ALI has produced 17 volumes that bear the name First, Second, or Third Restatement of Property. There is unquestionably much that is valuable in these materials. On the whole, however, the effort has been a disappointment. Some volumes seek faithfully to restate the consensus view of the law; others are transparently devoted to law reform. The ratio of reform to restatement has increased over time, to the point where significant portions of the Third Restatement …