Digital Commons Network^™

Professional Wushu Athletes: Potential Athletic/Personal Dissonance, Yang Zhang

Master's Theses

The success of Chinese professional athletes is attributable to the government-run elite sport system; it is seen as one of the most effective and successful systems at nurturing high-skilled athletes. However, within the Chinese professional sport system, tensions between athletes' athletic skills and overall personal development have been widely documented. Among all studies, very few have employed in-depth interviews with professional wushu athletes. In this study, the researcher utilized in-depth semi-structured interviews with professional wushu athletes from three of the 25 professional wushu teams in mainland China. The study was conducted in order to understand the potential conflicts between athletes' …

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 …

Wastewater And Water Quality Changes In Lower South San Francisco Bay, 1957-2013., Simret Kesete Yigzaw

Master's Theses

The San José-Santa Clara Regional Wastewater Facility (Facility), located in the Lower South Bay (LSB), is the largest advanced wastewater treatment plant in San Francisco Bay. From 1957 to 2013, the Facility added a series of expansions and upgrades that increased treatment capacity and improved the quality of treated effluent.

This study addressed the questions: (1) To what extent have expansions and upgrades in the treatment plant during the past six decades resulted in improvements to Facility effluent quality? (2) How and to what extent have the changes in the Facility effluent translated into changes in the water quality of …

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 …

Radio:Reaching Young Adult Audiences, What Are The Challenges And Opportunities For Radio Programmers In Cultivating Young Adult Audiences In The Current Media Environment?, Joel David Abramson

Master's Theses

As young adults have adopted the use of digital new media technologies, previous scholarly research has predicted a lack of interest by young adults in traditional media, including radio. This waining interest in traditional media by young adults has also been reported in the popular press. An abandonment of radio by young adults could bring about an eventual decline in audience, resulting in adverse economic effects to the broadcast radio industry and related industries, including a decrease in radio revenues, the deflation in the value of radio properties, and potential job loss. This research examined the challenges radio programmers and …

Perceived Underemployment Among The Foreign-Born: Its Outcomes And The Moderating Role Of Psychological Empowerment And Perceived Organizational Support, Ayse Avcil Okuyucu

Master's Theses

In the present study the relationship between perceived underemployment and job

attitudes such as job satisfaction, affective organizational commitment, and turnover intentions among foreign-born employees was examined. Underemployment occurs when employee education, skills, and previous job experiences are underutilized. Perceived underemployment was used as the specific type of underemployment to examine these relationships. Additionally, psychological empowerment and perceived organizational support (POS) were examined as potential moderators of the relationship between perceived underemployment and job attitudes. Foreign-born employees perceived themselves as moderately underemployed. In addition, there was a significant and negative relationship between perceived underemployment and job satisfaction; but perceived underemployment …

The Footprints Of Saharan Air Layer And Lightning On The Formation Of Tropical Depressions Over The Eastern Atlantic Ocean, Diana Caroly Centeno

Master's Theses

In this study, the results of an observational analysis and a numerical analysis on the role of the Saharan Air Layer during tropical cyclogenesis (TC – genesis) are described. The observational analysis investigates the interaction of dust particles and lightning during the genesis stage of two developed cases (Hurricanes Helene 2006 and Julia 2010). The Weather Research and Forecasting (WRF) and WRF – Chemistry models were used to include and monitor the aerosols and chemical processes that affect TC – genesis. The numerical modeling involved two developed cases (Hurricanes Helene 2006 and Julia 2010) and two non – developed cases …

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 Work Engagement And Job Performance Relationship: Exploring The Mediating Effect Of Trait Emotional Intelligence, Lisa Jackson

Master's Theses

This cross-sectional study examined the mediating effect of affect-related traits on the relationship between work engagement and job performance. Specifically, a sample of 225 students from a large state university was used to examine the effect of trait emotional intelligence (EI) on work engagement and both in-role and extra-role performance. It was found that work engagement directly impacted both in-role and extra-role performance, indicating that engaged workers are more likely to perform well both on job-related tasks (in-role performance) and also on going above and beyond what was expected of them in their job role (extra-role performance). In addition, work …

Vulnerability Of Groundwater To Perchloroethylene Contamination From Dry Cleaners In The Niles Cone Groundwater Basin, Southern Alameda County, California, Anne C. Jurek

Master's Theses

Releases of perchloroethylene (PCE) from dry cleaners pose a threat to groundwater quality. An assessment was performed of the Niles Cone Groundwater Basin to determine its vulnerability to PCE contamination from both historic and more recently operating dry cleaners. Sensitivity assessments of the Basin's two subbasins were performed using a modification of the DRASTIC Index Method, whereby the hydrogeological variables of depth to water, aquifer media, vadose zone media, and soil drainage classification were represented by a range of sensitivity categories and ratings assigned to each range. A source assessment was performed by identifying the locations of historic and presently …

The Presumption Against Expensive Health Care Consumption, Christopher Robertson

Faculty Scholarship

This essay, as part of a symposium in honor of Professor Einer Elhauge, starts with his recognition that, for both epistemic and normative reasons, it remains profoundly difficult to regulate particular uses of medical technologies on the basis of their cost-benefit ratios. Nonetheless, this essay argues in favor of a general regulatory presumption against consumption for the most expensive medical technology usages, which drive most of aggregate healthcare spending. This essay synthesizes twelve facts about the ways in which medical technologies are produced, regulated, studied, and consumed to suggest that it is quite unlikely that the most expensive usages of …

Clinical Trial Transparency - Antidote To Increased Off-Label Promotion?, Kevin Outterson

Faculty Scholarship

Abstract

Clinical trial transparency will improve the accuracy and reliability of biomedical science, while also reducing the burdens on both trial participants and sponsors.

Reviving Implied Confidentiality, Woodrow Hartzog

Faculty Scholarship

The law of online relationships has a significant flaw-it regularly fails to account for the possibility of an implied confidence. The established doctrine of implied confidentiality is, without explanation, almost entirely absent from online jurisprudence in environments where it has traditionally been applied offline, such as with sensitive data sets and intimate social interactions.

Courts' abandonment of implied confidentiality in online environments should have been foreseen. The concept has not been developed enough to be consistently applied in environments such as the Internet that lack obvious physical or contextual cues of confidence. This absence is significant because implied confidentiality could …

The Value Of Modest Privacy Protections In A Hyper Social World, Woodrow Hartzog

Faculty Scholarship

Two of the greatest modem challenges to protecting personal information are determining how to protect information that is already known by many and how to create an adequate remedy for privacy harms that are opaque, remote, or cumulative. Both of these challenges are front and center for those who seek to protect socially shared information. Social media and wearable communication technologies like Google Glass present vexing questions about whether information that is known by many can ever be "private," what the privacy harm might be from this information's misuse, and how to remedy such harms in balance with competing values …

The Ftc And The New Common Law Of Privacy, Daniel J. Solove, Woodrow Hartzog

Faculty Scholarship

One of the great ironies about information privacy law is that the primary regulation of privacy in the United States has barely been studied in a scholarly way. Since the late 1990s, the Federal Trade Commission (FTC) has been enforcing companies’ privacy policies through its authority to police unfair and deceptive trade practices. Despite over fifteen years of FTC enforcement, there is no meaningful body of judicial decisions to show for it. The cases have nearly all resulted in settlement agreements. Nevertheless, companies look to these agreements to guide their privacy practices. Thus, in practice, FTC privacy jurisprudence has become …

Hiv, Violence Against Women, And Criminal Law Interventions, Aziza Ahmed

Faculty Scholarship

The growing calls for the “securitization of body and property,”[ii] documented by Jonathan Simon in his book Governing Through Crime, illustrates a deep tension in our understanding of the role of criminal law as a tool for societal transformation.[iii] For some, including communities of color, the criminal legal system is a place where inequality flourishes;[iv] for others, including those feminists who have support criminal law interventions, it has become a tool to realize equality.[v] The Trafficking Victims Protection Act, reauthorized in 2013 as an amendment to the Violence Against Women Act (VAWA),[vi] relies heavily on the criminal law to obtain …

The Ftc And Privacy And Security Duties For The Cloud, Daniel J. Solove, Woodrow Hartzog

Faculty Scholarship

Third-party data service providers, especially providers of cloud computing services, present unique and difficult privacy and data security challenges. While many companies that directly collect data from consumers are bound by the promises they make to individuals in their privacy policies, cloud service providers are usually not a part of this arrangement. It is not entirely clear what, if any, obligations cloud service providers have to protect the data of individuals with whom they have no contractual relationship. This problem is especially acute because many institutions sharing personal data with cloud service providers fail to include significant privacy and security …

Saving The Federal Circuit, Paul Gugliuzza

Faculty Scholarship

In a recent, attention-grabbing speech, the Chief Judge of the Seventh Circuit, Diane Wood, argued that Congress should abolish the Federal Circuit’s exclusive jurisdiction over patent cases. Exclusive jurisdiction, she said, provides too much legal uniformity, which harms the patent system. In this response to Judge Wood’s thoughtful speech, I seek to highlight two important premises underlying her argument, neither of which is indisputably true.

The first premise is that the Federal Circuit actually provides legal uniformity. Judge Wood suggests that, due to the Federal Circuit’s exclusive jurisdiction, patent doctrine is insufficiently “percolated,” meaning that it lacks mechanisms through which …

The Rule Of Law As A Law Of Law, Steven G. Calabresi, Gary S. Lawson

Faculty Scholarship

Justice Scalia is famous for his strong rule orientation, best articulated in his 1989 article, “The Rule of Law as a Law of Rules.” In this Essay, we explore the extent to which that rule orientation is consistent with the Constitution’s original meaning. We conclude that it is far less consistent with the Constitution than is generally recognized. The use of standards rather than rules is prescribed not only by a few provisions in the Bill of Rights and the Fourteenth Amendment but also by key aspects of the 1788 constitutional text. The executive power, the Necessary and Proper power, …

Health Insurance Is Dead; Long Live Health Insurance, Wendy K. Mariner

Faculty Scholarship

Today, health insurance is no longer simply a class of insurance that covers risks to health, and it has not been so for many years. Health insurance has become a unique form of insurance — a mechanism to pay for healthcare that uses risk spreading as one of several pricing methods. The Affordable Care Act builds on this important payment function to create a complex social insurance system to finance healthcare for (almost) everyone. This article examines how the ACA draws on various conceptions of insurance to produce a quasi-social insurance system. This system poses new challenges to laws governing …

Risky Arguments In Social-Justice Litigation: The Case Of Sex Discrimination And Marriage Equality, Suzanne B. Goldberg

Faculty Scholarship

This Essay takes up the puzzle of the risky argument or, more precisely, the puzzle of why certain arguments do not get much traction in advocacy and adjudication even when some judges find them to be utterly convincing. Through a close examination of the sex discrimination argument's evanescence in contemporary marriage litigation, this Essay draws lessons about how and why arguments become risky in social-justice cases and whether they should be made nonetheless. The marriage context is particularly fruitful because some judges, advocates, and scholars find it "obviously correct" that laws excluding same-sex couples from marriage discriminate facially based on …

Comparative Genomics Of 274 Vibrio Cholerae Genomes Reveals Mobile Functions Structuring Three Niche Dimensions, Bas E. Dutilh, Cristiane C. Thompson, Ana C P Vicente, Iruka N. Okeke

Biology Faculty Scholarship

Vibrio cholerae is a globally dispersed pathogen that has evolved with humans for centuries, but also includes non-pathogenic environmental strains. Here, we identify the genomic variability underlying this remarkable persistence across the three major niche dimensions space, time, and habitat. Taking an innovative approach of genome-wide association applicable to microbial genomes (GWAS-M), we classify 274 complete V. cholerae genomes by niche, including 39 newly sequenced for this study with the Ion Torrent DNA-sequencing platform. Niche metadata were collected for each strain and analyzed together with comprehensive annotations of genetic and genomic attributes, including point mutations (single-nucleotide polymorphisms, SNPs), protein families, …

Evaluating The Spacing Effect Theory On The Instructional Effectiveness Of Semester-Length Versus Quarter-Length Introductory Computer Literacy Courses In Institutions Of Higher Learning, Emelda S. Ntinglet

Theses and Dissertations

Evaluating the Spacing Effect Theory on the Instructional Effectiveness of Semester-Length versus Quarter-Length Introductory Computer Literacy Courses in Institutions of Higher Learning. Emelda S. Ntinglet-Davis 2013: Applied Dissertation, Nova Southeastern University, Abraham S. Fischler School of Education and Human Services. ERIC Descriptors: Community College, Spacing effect, Retention, Scheduling, Education, Instructional effectiveness, Intensive format, Quarter-length format, Semester format.

This mixed research study evaluated the spacing effect theory on the academic performances of students enrolled in introductory level Computer Literacy courses by comparing course grades and mock IC3 certification exam scores in semester-length and quarter-length courses at Prince Georges Community College. The …

Quality Of Care From A Parent’S Point Of View: An Examination Of An Early Childhood Education Center Located At A Community College, Jennifer Brown

Theses and Dissertations

This applied dissertation was designed to understand parents’ views about child care and the variables that influence their decision to place their children in 5-star child-care facilities. Child care of any kind is often the first group experience children have outside the home. The first 5 years are the most important years in a child’s educational life; it sets the educational foundation for the rest of the child’s life.

The quantitative portion of this study consisted of four research questions, which assessed several sets of relationships and issues: (a) the relationship between demographic data and quality of care; (b) the …

Compulsory Sexuality, Elizabeth F. Emens

Faculty Scholarship

Asexuality is an emerging identity category that challenges the assumption that everyone is defined by some type of sexual attraction. Asexuals – those who report feeling no sexual attraction to others – constitute one percent of the population, according to one prominent study. In recent years, some individuals have begun to identify as asexual and to connect around their experiences interacting with a sexual society. Asexuality has also become a protected classification under the antidiscrimination law of one state and several localities, but legal scholarship has thus far neglected the subject.

This Article introduces asexuality to the legal literature as …

Solving The Cso Conundrum: Green Infrastructure And The Unfulfilled Promise Of Federal-Municipal Cooperation, Casswell F. Holloway, Carter H. Strickland Jr., Michael B. Gerrard, Daniel M. Firger

Faculty Scholarship

Faced with mounting infrastructure construction costs and more frequent and severe weather events due to climate change, cities across the country are managing the water pollution challenges of stormwater runoff and combined sewer overflows through new and innovative "green infrastructure" mechanisms that mimic, maintain, or restore natural hydrological features in the urban landscape. When utilized properly, such mechanisms can obviate the need for more expensive pipes, storage facilities, and other traditional "grey infrastructure" features, so named to acknowledge the vast amounts of concrete and other materials with high embedded energy necessary in their construction. Green infrastructure can also provide substantial …

Assessing The Optimism Of Payday Loan Borrowers, Ronald J. Mann

Faculty Scholarship

This Article compares the results from a survey administered to payday loan borrowers at the time of their loans to subsequent borrowing and repayment behavior. It thus presents the first direct evidence of the accuracy of payday loan borrowers’ understanding of how the product will be used. The data show, among other things, that about 60 percent of borrowers accurately predict how long it will take them finally to repay their payday loans. The evidence directly contradicts the oft-stated view that substantially all extended use of payday loans is the product of lender misrepresentation or borrower self-deception about how the …

Concurrent Damages, Bert I. Huang

Faculty Scholarship

Imagine that a hacker is working for a university official secretly spying on faculty members – say, to find out who has been leaking information to the press about internal disciplinary matters. The injuries to a given victim of the hacking might follow a classic learning curve: The first few intrusions into her e-mail account reveal a storehouse of personal secrets, but further break-ins yield less and less new information. One might say there is diminishing marginal harm.

There is no such leveling off, however, in the compensation that would be awarded to that victim. The electronic privacy law …

The Age Of Consent, Philip Chase Bobbitt

Faculty Scholarship

On three October afternoons in the fall of 1974, Grant Gilmore, a Sterling Professor of Law at Yale, delivered his Storrs Lectures, the lecture series at Yale Law School whose speakers had included Roscoe Pound, Lon Fuller, and Benjamin Cardozo. Gilmore was a magisterial scholar: the author of a prize-winning treatise, Security Interests in Personal Property, and what remains the leading treatise on admiralty law; he was the Chief Reporter and draftsman for Article 9 of the Uniform Commercial Code; and his PhD on French poet and critic Stéphane Mallarmé had led to an appointment at Yale College before …

Group To Individual (G2i) Inference In Scientific Expert Testimony, David L. Faigman, John Monahan, Christopher Slobogin

Faculty Scholarship

No abstract provided.