Digital Commons Network^™

Do Offenders' Life Goals Reflect Locus Of Control And Personality Traits?, Luci L. Dumas

Dissertations and Theses @ UNI

According to the Good Lives Model (Ward, 2002) it is imperative that offenders in rehabilitation recognize which life goals are important to them and how they can achieve a ‘good life.’ Including the evaluation of life goals in treatment can be beneficial not only for the individuals being treated but for the community into which they are transitioning. Seventy-six male, residential offenders were assessed on type and perception of life goals during semi-structured interviews. They also completed a personality inventory, locus of control scale, and self-esteem scale. Hierarchical multiple regression analyses for types of goals and perception of goals were …

Solitary, Anita Ellen Schuck

Dissertations and Theses @ UNI

This novella explores the themes of isolation and captivity. Millie Canfield feels isolated and held captive by her family. She dreams of freedom and beauty, only to see her attempts to achieve it repeatedly undone. She flees from family to marriage, only to experience isolation and captivity in a different form. She wants to be rescued, but she is oblivious to outside attempts to help. Millie also holds herself captive, torn between her perceived wants and obligations. She feels isolated, but she has isolated herself. When she at last achieves a measure of freedom, it is more a case of …

Gender Maneuvering Over Coffee: Doing Gender Through Displays Of Hegemonic Masculinity And Alternative Femininity, Jedidiah Mcclean

School of Social Work Faculty Publications and Presentations

This research examines how individuals “do gender” in an urban coffee shop by performing gender maneuvering strategies in order to gain masculine cultural capital typically accessed through displays of hegemonic masculinity. This participant ethnography was conducted in a corporate coffee franchise over the course of eight weeks, to observe gendered interactions in a public space. Observations were made of customer and barista socialization in the store, where gender displays were maneuvered through social artifacts such as clothing and hairstyles; as well as gendered social transactions such as conversational styles and heteronormative social customs. Research findings suggest that both masculine and …

The Slavic Community In Multnomah County: An Unsettling Profile, Ann Curry-Stevens, Coalition Of Communities Of Color

School of Social Work Faculty Publications and Presentations

This report details the experiences of the Slavic community in Multnomah County. The Slavic community is defined as those from the former Soviet Union. It is the largest refugee-based community in Oregon, with most arriving in the decade from 1990 to 2000. Conventional definitions of the Slavic community are to define them as White. In the vast majority of datasets, it is not possible to extract the Slavic community as ancestry or language data have not been collected. To address the shortage of data on the community, we included a qualitative research study to extend our understanding of the community’s …

The African American Community In Multnomah County: An Unsettling Profile, Lisa K. Bates, Ann Curry-Stevens, Coalition Of Communities Of Color

School of Social Work Faculty Publications and Presentations

This report covers topics of importance for the African-American community, highlighting critical areas of disparity and disproportionate representation. The areas of analysis include: economic opportunity, housing and neighborhoods, education, health, child welfare, the criminal justice system, and civic engagement. In each area, we provide history and context, followed by data analysis that demonstrates the extent of racial disparity.

Taken together, the data on inequities show a community facing real and persistent challenges. These data point to a need for fundamental change and help to focus attention on some key drivers of that change. The depth and breadth of disparities profiled …

Je Suis Moi-Même Le Soleil: Une Étude De La Représentation De L’Espace Dans Les Films De Sembène Ousmane, Lillian Jamison-Cash , '15

Senior Theses, Projects, and Awards

No abstract provided.

Money, Sex, And Religion – The Supreme Court's Aca Sequel, George J. Annas, Theodore W. Ruger, Jennifer Prah Ruger

Faculty Scholarship

The Supreme Court decision in the Hobby Lobby case is in many ways a sequel to the Court's 2012 decision on the constitutionality of the Affordable Care Act (ACA). The majority decision, written by Justice Samuel Alito, is a setback for both the ACA's foundational goal of access to universal health care and for women's health care specifically. The Court's ruling can be viewed as a direct consequence of our fragmented health care system, in which fundamental duties are incrementally delegated and imposed on a range of public and private actors. Our incremental, fragmented, and incomplete health insurance system means …

Artificial Meaning, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

This Essay investigates the concept of artificial meaning, meanings produced by entities other than individual natural persons. That investigation begins in Part I with a preliminary inquiry into the meaning of “meaning,” in which the concept of meaning is disambiguated. The relevant sense of “meaning” for the purpose of this inquiry is captured by the idea of communicative content, although the phrase “linguistic meaning” is also a rough equivalent. Part II presents a thought experiment, The Chinese Intersection, which investigates the creation of artificial meaning produced by an AI that creates legal rules for the regulation of a hyper-complex conflux …

A Fork In The Stream: The Unjustified Failure Of The Concurrence In J. Mcintyre Machinery Ltd. V. Nicastro To Clarify The Stream Of Commerce Doctrine, Cody Jacobs

Faculty Scholarship

A foreign manufacturer sells a product to an American distributor in State A, who then resells the product to an American consumer in State B. The consumer is injured by the product and attempts to sue the foreign manufacturer in State B. Can State B exercise personal jurisdiction over the manufacturer? This deceptively simple and seemingly common question, and related questions involving the socalled "stream of commerce," has fractured the United States Supreme Court for over twenty years, leaving consumers, manufacturers, and distributors unsure of their rights and potential liabilities. This Article focuses on a recent missed opportunity the Court …

Information And Causation In Tort Law: Generalizing The Learned Hand Test For Causation Cases, Keith N. Hylton

Faculty Scholarship

This paper discusses the economics of causation in tort law, describing precise implications for precautionary incentives when courts are and are not perfectly informed. With precautionary incentives identified, we can ask whether the causation inquiry enhances welfare, and if so under what conditions. Perhaps the most important innovation applies to the Hand Formula. When causation is an issue, the probability of causal intervention should be part of the Hand test, and the generalized Hand test offers a method of distinguishing significant classes of causation cases. I close with implications for the moral significance of causation and for economic analysis of …

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 …

A Unified Framework For Competition Policy And Innovation Policy, Keith N. Hylton

Faculty Scholarship

I describe a model of competition law enforcement that treats competition and innovation policy as the inseparable partners they ought to be. The enforcement authority determines an optimal punishment knowing that if it sets the penalty too high it will reduce firms’ incentives to invest in innovation, and if firms do not invest, new goods and new markets will not be created. The authority therefore moderates the penalty in order to maintain innovation incentives. The implications of this framework for competition policy and for innovation policy are quite different from what is commonly observed today. I discuss implications for competition …

Concert Recording 2014-12-10, Casey Cope, Rob Edwards, Caleb Evans, Ryan Ashworth, A. J. Carson, Austin Farnam, Hillary Fromme, David Grayling, Laura Hart, Jessica Johnson, Ron Juzeler, Alfredo Maruri, Vordie Mathis, Cari Moll, Sara Remoy, Jason Reznicek, Grant Sims, Robert Wiser, Rosabelle Zhou, Taylor Wilson, Yulia Orlova, Brittany Schroader, Hannah Mindeman Shuman, Nathan Olson, Mark Haney, Aaron Bloodworth, Olga Greenhut, Tomoko Kashiwagi

Concert Recordings & Programs

Trashy elves / Ed. Argenziano ; arr. Janet Knighten -- Mein! from Die Schone Mullerin, D.795, no.11 / Franz Schubert -- Le charme / Ernest Chausson -- Johanna from Sweeney Todd / Stephen Sondheim -- Non posso disperar / Giovanni Bononcini -- Concertino in B flat major, opus 12 for bassoon and piano / Ferdinand David -- Chant lointain / Eugene Bozza

Concert Recording 2014-12-10, Casey Cope, Rob Edwards, Caleb Evans, Ryan Ashworth, A. J. Carson, Austin Farnam, Hillary Fromme, David Grayling, Laura Hart, Jessica Johnson, Ron Juzeler, Alfredo Maruri, Vordie Mathis, Cari Moll, Sara Remoy, Jason Reznicek, Grant Sims, Robert Wiser, Rosabelle Zhou, Taylor Wilson, Yulia Orlova, Brittany Schroader, Hannah Mindeman Shuman, Nathan Olson, Mark Haney, Aaron Bloodworth, Olga Greenhut, Tomoko Kashiwagi

Concert Recordings & Programs

Trashy elves / Ed. Argenziano ; arr. Janet Knighten -- Mein! from Die Schone Mullerin, D.795, no.11 / Franz Schubert -- Le charme / Ernest Chausson -- Johanna from Sweeney Todd / Stephen Sondheim -- Non posso disperar / Giovanni Bononcini -- Concertino in B flat major, opus 12 for bassoon and piano / Ferdinand David -- Chant lointain / Eugene Bozza

Voluntary Commitments As Emerging Instruments In International Environmental Law, Edith Brown Weiss

Georgetown Law Faculty Publications and Other Works

Today we confront a critical environmental challenge: how to protect the human environment for ourselves and future generations in the face of our unprecedented capacity to alter fundamental physical cycles with global and longrange implications for the robustness of our planet.

Scientists observe that we are leaving the stable Holocene Epoch, embarking on a new geological epoch, the Anthropocene, in which humans are the major force for change to the planet. There is evidence that the fundamental carbon and nitrogen cycles are accelerating significantly, and that the hydrological cycle is speeding up. The latter can lead to devastating impacts from …

Charitable Giving, Tax Expenditures, And Direct Spending In The United States And The European Union, Lilian V. Faulhaber

Georgetown Law Faculty Publications and Other Works

This Article compares the ways in which the United States and the European Union limit the ability of state-level entities to subsidize their own residents, whether through direct subsidies or through tax expenditures. It uses four recent charitable giving cases decided by the European Court of Justice (ECJ) to illustrate the ECJ’s evolving tax expenditure jurisprudence and argues that, while this jurisprudence may suggest a new and promising model for fiscal federalism, it may also have negative social policy implications. It also points out that the court analyzes direct spending and tax expenditures under different rubrics despite their economic equivalence …

Calcite Dissolution Under Turbulent Flow Conditions: A Remaining Conundrum, Matthew D. Covington

Geosciences Faculty Publications and Presentations

A significant body of experimental and theoretical work has examined the dissolution rates of calcite, and other carbonate minerals, under varying chemical and hydrodynamic conditions (see Morse & Arvidson (2002) for a comprehensive review). The relationships derived from this work have been applied extensively to the development of mechanistic models of speleogenesis (e.g. Dreybrodt 1996; Dreybrodt et al. 2005; Birk et al. 2005; Rehrl et al. 2008; Kaufmann 2009; Szymczak & Ladd 2011). However, the primary focus of these models has been on the early stages of cave formation, with less attention toward the later stages of cave evolution and …

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 …

Toward A Regulatory Framework For Third-Party Funding Of Litigation, Keith N. Hylton

Faculty Scholarship

Because third-party funding and sales of legal rights are equivalent in terms of their economics, I examine arrangements in which third-party sales of legal rights are permitted today; those arrangements include waiver, subrogation, and settlement agreements. These existing arrangements provide valuable lessons for the appropriate regulatory approach to third-party financing of litigation.

The Economics Of The Restatement And Of The Common Law, Keith N. Hylton

Faculty Scholarship

Perhaps the most optimistic view of the American Law Institute's Restatement project was provided at its inception by Benjamin Cardozo:

When, finally, it goes out under the name and with the sanction of the Institute, after all this testing and retesting, it will be something less than a code and something more than a treatise. It will be invested with unique authority, not to command, but to persuade. It will embody a composite thought and speak a composite voice. Universities and bench and bar will have had a part in its creation. I have great faith in the power of …

The Fiduciary Foundations Of Federal Equal Protection, Gary S. Lawson, Guy Seidman, Robert G. Natelson

Faculty Scholarship

In Bolling v. Sharpe, the Supreme Court invalidated school segregation in the District of Columbia by inferring a broad “federal equal protection” principle from the Due Process Clause of the Fifth Amendment. It is often assumed that this principle is inconsistent with the Constitution’s original meaning and with “originalist” interpretation.

This Article demonstrates, however, that a federal equal protection principle is not only consistent with the Constitution’s original meaning, but inherent in it. The Constitution was crafted as a fiduciary document of the kind that, under contemporaneous law, imposed on agents acting for more than one beneficiary – and on …

The Direct Costs From Npe Disputes, Michael J. Meurer, James Bessen

Faculty Scholarship

In the past, “non-practicing entities” (NPEs), popularly known as “patent trolls,” have helped small inventors profit from their inventions. Is this true today or, given the unprecedented levels of NPE litigation, do NPEs reduce innovation incentives? Using a survey of defendants and a database of litigation, this paper estimates the direct costs to defendants arising from NPE patent assertions. We estimate that firms accrued $29 billion of direct costs in 2011. Although large firms accrued over half of direct costs, most of the defendants were small or medium-sized firms. Moreover, an examination of publicly listed NPEs indicates that little of …

The New Hampshire Effect: Behavior In Sequential And Simultaneous Election Contests, Zeynep B. Irfanoglu, Shakun D. Mago, Roman M. Sheremeta

ESI Working Papers

This experimental study compares sequential and simultaneous election contests. Consistent with the theory, we find evidence of the “New Hampshire effect” in the sequential contests, i.e., the winner of the first electoral battle wins the overall contest with much higher probability than the loser of the first battle. However, contrary to the theory, sequential contests generate higher expenditure than the simultaneous contests. This is mainly because in the sequential contests losers of the first battle do not decrease their expenditure in the second battle while winners of the first battle increase (instead of decreasing) their expenditure in the second battle. …

When Identifying Contributors Is Costly: An Experiment On Public Goods, Anya Savikhin Samek, Roman M. Sheremeta

ESI Working Papers

Studies show that identifying contributors significantly increases contributions to public goods. In practice, however, viewing identifiable information is costly, which may discourage people from accessing such information. To address this question, we design a public goods experiment in which participants can pay a fee to view information about identities and corresponding contributions of their group members. We then compare this to a treatment in which there is no identifiable information, and a treatment in which all contributors are freely identified. Our main findings are that: (1) contributions in the treatment with costly information are as high as those in the …

"What Is Peoria For?": Reading As Spiritual Practice In David Foster Wallace's The Pale King, Jeremy Reed

Graduate Student Theses, Dissertations, & Professional Papers

Since its publication in 2011, critics have written about David Foster Wallace’s final, unfinished novel, The Pale King, by looking for resonances with his career-long interests of irony, alienation, and the text’s relation to the reader, but few have written of his final fiction as exhibiting a new approach to these topics. To further such criticism, I argue that in The Pale King Wallace uses new means – religious, and specifically mystic, vocabularies of experience – to seek ethical practices for living in a period heavily influenced by Postmodern irony. In the process, Wallace’s characters end up advocating a mystical …

Dispersive And Dissipative Errors In The Dpg Method With Scaled Norms For Helmholtz Equation, Jay Gopalakrishnan, Ignacio Muga, Nicole Olivares

Mathematics and Statistics Faculty Publications and Presentations

This paper studies the discontinuous Petrov--Galerkin (DPG) method, where the test space is normed by a modified graph norm. The modification scales one of the terms in the graph norm by an arbitrary positive scaling parameter. The main finding is that as the parameter approaches zero, better results are obtained, under some circumstances, when the method is applied to the Helmholtz equation. The main tool used is a dispersion analysis on the multiple interacting stencils that form the DPG method. The analysis shows that the discrete wavenumbers of the method are complex, explaining the numerically observed artificial dissipation in the …

Self-Reliance Beyond Neoliberalism: Rethinking Autonomy At The Edges Of Empire, Karen Hébert, Diana Mincyte

Publications and Research

Across scholarly and popular accounts, self-reliance is often interpreted as either the embodiment of individual entrepreneurialism, as celebrated by neoliberal designs, or the basis for communitarian localism, increasingly imagined as central to environmental and social sustainability. In both cases, self-reliance is framed as an antidote to the failures of larger state institutions or market economies. This paper offers a different framework for understanding self-reliance by linking insights drawn from agrarian studies to current debates on alternative economies. Through an examination of the social worlds of semisubsistence producers in peripheral zones in the Global North, we show how everyday forms of …

Technology And Wonder In Thirteenth-Century Iberia And Beyond, Christopher B. Swift

Publications and Research

As the desire for affective experiences of the sacred increased in communities across Europe in the late Middle Ages, the Christian faithful crafted lifelike, mechanized figures of Christ, the Virgin Mary, and saints for use in religious festivals. Although each devotional culture evidences unique body/object relationships and meanings, in general animated ritual objects encouraged lay participation in the celebration of saints and the Passion by engaging the senses, and, consequently, an emotional sense of God. In this essay I investigate the ritual alliances between moveable, prop-like saints and their Iberian devotees, in particular the performative meanings that arose from encounters …

Allocating Responsibility For Health Care Decisions Under The United States Affordable Care Act, Wendy K. Mariner

Faculty Scholarship

This article summarizes the major elements of the ACA's insurance reforms and how they affect responsibility for making decisions about the health care that people receive. A key example of the difficulty of allocating decision making responsibility is the effort to define a minimum benefit package for insurance plans, called essential health benefits. While the ACA should achieve its goal of near-universal access to care, it leaves in place a multiplicity of processes and decision-makers for determining individual treatment. As a result, decisions about what care is provided are likely to remain, much as they are today, divided among government …

Medicaid Expansion As Completion Of The Great Society, Nicole Huberfeld, Jessica L. Roberts

Faculty Scholarship

A state’s decision whether to expand Medicaid has become a highly politicized issue, spawning countless news stories and on-going debate. However, this Essay takes a step back from that highly charged discourse and situates Medicaid expansion in its historical context. We reveal that this latest change universalizes the program, holding the power to finally realize President Johnson’s vision for the Great Society, almost fifty years later. Medicaid can be understood as a universal program for three reasons: (1) the percentage of thepopulation of children, pregnant women, and non-elderly adults it covers; (2) the degree to which Medicaid funds long-term care …