Digital Commons Network^™

Challenges For People With Disabilities Within The Health Care Safety Net, Michael Ulrich

Faculty Scholarship

Medicare and Medicaid were passed to serve as safety nets for the country's most vulnerable populations, yet, the disabled community continues to be one whose health care needs are not being met. This group is all too frequently left to suffer health disparities due to cultural incompetency, stigma and misunderstanding, and an inability to create policy changes that covers the population as a whole and their acute and long-term needs.

The Impact Of Law On The Right To Water And Adding Normative Change To The Global Agenda, Michael Ulrich

Faculty Scholarship

A resolution was passed at the United Nations Water Conference in 1977 to achieve universal access to sufficient water by 1990. This bar was lowered significantly as part of the Millennium Development Goals (MDGs). However, as the MDGs come to an end this year, even this reduced benchmark will not be reached. Water is inescapably intertwined with every other MDG, as well as the ability to exercise any human right. Consequently, the failure to achieve this goal implores an exploration of its causes. As the global community embarks on setting a new post-MDG agenda, one currently overlooked aspect is the …

Communicating To Resolve The "Mommy Wars": Testing Communicated Stereotypes And The Common Ingroup Identity Model With Stay-At-Home And Working Mothers, Kelly G. Odenweller

Graduate Theses, Dissertations, and Problem Reports (ETD)

Toward empirically validating motherhood as an intergroup context and uncovering communicative solutions to resolving the cultural "mommy wars," the goal of this dissertation was to test foundational intergroup communication theories with stay-at-home mothers (SAHMs) and working mothers (WMs) across two independent experiments. In Study One, participant SAHMs and WMs (N = 529) reported on their outgroup attitudes, affective responses (i.e., contempt, admiration, envy, and pity), behavioral responses (i.e., active/passive facilitation, active/passive harm), intergroup anxiety, and willingness to communicate after viewing a description of a target SAHM or WM designed in accordance with the most prevalent stereotypes of SAHMs and WMs …

Changing Vulnerabilities In A Changing Climate: Farming Opportunity And Constraint In Kilimanjaro Region, Tanzania, Paul O'Keefe

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation demonstrates that the vulnerability of households to both socioeconomic and environmental processes is found in unequal, differentiated ability to access the means of social production and reproduction. Place specific environmental and social factors co-produce specific manifestations of vulnerability, but the underlying causes and driving forces are to be found in the social formation and social relations of households in the case study area. The major finding of this dissertation is that changes in the social relations of production and reproduction are creating as much risk to livelihoods as climate change does, or is likely to do in the …

Synchronization Of Coupled And Periodically Forced Chemical Oscillators, Razan Snari

Graduate Theses, Dissertations, and Problem Reports (ETD)

Physiological rhythms are essential in all living organisms. Such rhythms are regulated through the interactions of many cells. Deviation of a biological system from its normal rhythms can lead to physiological maladies. The tremor and symptoms associated with Parkinson's disease are thought to emerge from abnormal synchrony of neuronal activity within the neural network of the brain. Deep brain stimulation is a therapeutic technique that can remove this pathological synchronization by the application of a periodic desynchronizing signal. Herein, we used the photosensitive Belousov--Zhabotinsky (BZ) chemical reaction to test the mechanism of deep brain stimulation. A collection of oscillators are …

"Man Of The House": A Turning Point That Leads To Criminal Behavior?, Delia A. Trickett

Graduate Theses, Dissertations, and Problem Reports (ETD)

This research study seeks to formally test a relationship between household structure, birth order and juvenile delinquency that was suggested as an onset to criminal behavior by men incarcerated in a maximum security facility. The focus of this study is on first born males due to the retrospective narratives given by the incarcerated men that being a first born male who has either lost a father-or father figure due to death, divorce and/or prison have felt a sense of responsibility as the "man of house" to be able to provide family stability which can include care of other siblings, maintaining …

The Cold Culture Wars: The Fight For Democratic Education In Post-War New York, Brandon C. Williams

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation explores how the American public school system has become the primary institution for citizens to project, contest, or affirm their values. Primarily, this revolves around competing ideas of democratic education. After World War II, politicians utilized the schools to propagate American democracy, while citizens viewed education as a means to reconstruct the post-war democratic order. Although most representatives acknowledged the schools needed to guard democracy and stem totalitarian aggression, few agreed on how education should accomplish such a feat. Consequently, "democratic education" deviated from its theoretical moorings and found a newly nationalistic expression in a Cold War era …

Shareholder Litigation Without Class Actions, David H. Webber

Faculty Scholarship

In this Article, I imagine a post-class action landscape for shareholder litigation. Assuming, for the sake of this exercise, an environment in which both securities-fraud and transactional class actions are hobbled by procedural or substantive reforms — most likely through the adoption of mandatory-arbitration provisions or fee-shifting provisions — I assess what shareholder litigation would disappear, what would remain, and what a post-class action landscape would look like. I argue that loss of the class action would remove a layer of legal insulation that prevents institutional investors from having to pursue positive value claims against companies. Currently, the class action …

Nfib V. Sebelius And The Right To Health Care: Government's Obligation To Provide For The Health, Safety, And Welfare Of Its Citizens, Jack M. Beermann

Faculty Scholarship

One of the most important roles government plays in contemporary society is protecting people from unsafe products and environmental conditions. Although the Supreme Court has rejected calls to read the Constitution of the United States to include positive rights, this article’s central claim is that the Supreme Court’s rejection of the Medicaid expansion in the Patient Protection and Affordable Care Act makes sense only if the Constitution is understood as requiring government to provide for the health, safety and welfare of its citizens. It’s not that Chief Justice Roberts intended this implication, but if states did not feel obligated to …

Patent Litigation Reform: The Courts, Congress, And The Federal Rules Of Civil Procedure, Paul Gugliuzza

Faculty Scholarship

Barely three years after passing the America Invents Act, Congress is again considering patent reform legislation. At least fourteen patent reform bills were introduced in the recently concluded 113th Congress. Several of those bills focused specifically on patent litigation, proposing, among other things, to impose heightened pleading requirements on plaintiffs, to limit discovery, and to create a presumption that the losing party should pay the winner’s attorneys’ fees. None of the proposals became law, but one of the bills (the Innovation Act) passed the House of Representatives. In addition, scholars continue to call for reform, and Republican members of Congress …

First Year Biomass Production Following Application Of Various Size Strip Thinnings In A Young Hardwood Stand In West Virginia., Ashlee Martin

Graduate Theses, Dissertations, and Problem Reports (ETD)

Strip thinning can reduce stand density to promote better growth of residual trees and has potential to create a woody bioenergy feedstock in addition to enhancing and maintaining early successional habitat for wildlife. However, little research has been conducted on strip thinning within young hardwood stands to determine if these are viable attributes of strip thinning. The goal of this study was to assess the first year biomass production after strip thinning among three different cut strip widths (8 ft, 12 ft, and 16 ft) in a 22-year-old mixed mesophytic hardwood stand. Woody biomass production from stump sprouts and true …

Predicting Adolescents' Intentions To Engage In Fire Risk Behaviors: An Application Of The Theory Of Planned Behavior, Janelle M. Mentrikoski

Graduate Theses, Dissertations, and Problem Reports (ETD)

Burn injuries are a serious health concern for youth. In particular, adolescents are at risk for sustaining burn injuries, with recent estimates suggesting that adolescents make up nearly 30% of the burn injury cases treated in emergency departments in the United States. Despite the prevalence of burn injuries in adolescents, little research has examined possible correlates of adolescent fire-risk behavior (e.g., using accelerants to start a fire). To facilitate a better understanding of adolescent fire-risk behavior, the current study will use Ajzen's Theory of Planned Behavior (TPB) as a theoretical model. The TPB suggests that an individual's attitude towards the …

The Integration Of Environmental Law Into International Investment Treaties And Trade Agreements: Negotiation Process And The Legalization Of Commitments, Madison Condon

Faculty Scholarship

There were seventeen international investment agreements (“IIAs”) signed around the world in 2012, and each one of them contained some provision relating to the protection of the environment. In comparison, no investment treaty signed before 1985, and fewer than ten percent of treaties signed between 1985 and 2001, contained any reference to the environment at all. Environmental language has become increasingly common in bilateral investment treaties (“BITs”), and to an even greater degree in other IIAs, such as free trade agreements (“FTAs”). The legal implications of the integration of environmental law and norms into investment law treaties have yet to …

Health Care In The Us Department Of Veterans Affairs: Critical Issues And Strategic Progress, Kristin Nicole Sandoval

Master's Theses

The United States Department of Veterans Affairs (VA) is one of the largest executive departments in the nation, providing essential financial and medical assistance to veterans and their families. As the VA continues to evolve and grow it is imperative to understand the department’s current capability constraints and how they arose in order to propose effective methods for addressing current issues and overcoming future policy pitfalls. The most critical issues presently facing the VA concern appalling increases in wait-times and backlogs for services, which have emerged since 9/11 and are primarily the result of growing numbers of disabled veterans from …

Using Satellite Remote Sensing, Field Observations And Wrf/Single-Layer Urban Canopy Model Simulation To Analyze The Oklahoma City Uhi Effect, Hengyue Zhang

Master's Theses

The Urban Heat Island (UHI) was investigated using satellite data, ground observations, and simulations with an Urban Canopy Parameterization in a numerical weather prediction model. Satellite-observed surface skin temperatures at Xi’an City and Oklahoma City (OKC) were analyzed to compare the UHI intensity for the two inland cities. A larger population density and larger building density in Xi’an City creates a stronger skin-level UHI effect. However, ground observed 2-m surface air temperature (Tair) data showed an urban cooling island (UCI) effect that occurred over an urban region in OKC during the daytime of July 19, 2003.

The sensitivity and accuracy …

Effects Of Input Modality On Capturing Notes, Chaya Bijani

Master's Theses

The features of the smartphone make it an indispensible commodity of Western urban lifestyles. However, the most common problems of using a mobile device for work-related activities are limited screen space and poor input techniques. People in the workforce whose daily job entails being in a mobile environment generally prefer to carry light, mobile devices along with a pen and a notepad. The purpose of this study was to investigate optimal input modality for taking notes. The three modes of input evaluated were spoken notes, typing on the phone, and writing by hand using a pen and paper. The variables …

Effects Of Stress On 9-1-1 Call-Takers And Police Dispatchers: A Study At The San Jose Police Department, Kimberly D. Turner

Master's Theses

This research addresses the significant gap in literature related to stress among 9-1-1 call-takers and dispatchers. The relationship between perceived stress and work-life balance, fairness at work, support at home, and work control as well as physiological and psychological outcomes is examined. Survey responses were collected during the summer of 2012 from 89 police 9-1-1 call-takers and radio dispatchers of the San José Police Department Communications Division in San José, California. Using hierarchical multiple regression analysis, I found those who enjoy a balance between work and personal life experience less stress. Also, greater stress is associated with more psychological and …

One County, Two Libraries: Watsonville And The Organizing Of The Santa Cruz County Library System, 1900-1930, David Robert Addison

Master's Theses

This thesis investigates the creation of California’s Free County Library System during the Progressive Era. Previous histories of the topic have conveyed a partial picture of those involved in organizing county libraries, focusing on leaders at the state level, such as James L. Gillis and Harriet Eddy. Using Santa Cruz County as a case study, this thesis examines the overall process of organizing a county library system at the local level.

Primary source materials consulted include correspondence and publications from the California State Library, newspaper accounts from the time period, California Library Association meeting minutes, News Notes of California Libraries, …

The Moderating Role Of Perceived Organizational Support On The Relationship Between Bullying And Work Behaviors, Zakwan Salahieh

Master's Theses

Workplace bullying has been linked to many unfavorable outcomes that can be very costly to organizations. One way to minimize the impact of this negative behavior is through perceived organizational support (POS). Thus, researchers have called for more studies examining the joint effects of workplace bullying and POS on various outcomes. The purpose of this study was to examine whether POS would moderate the relationship between workplace bullying and outcomes that are related to work behaviors and motivations, namely, organizational citizenship behaviors (OCBs) and work engagement. A total of 224 individuals working in a variety of industries participated in an …

Chasing Rx: A Spatial Ethnography Of The Crossfit Gym, Matt Crockett

Master's Theses

CrossFit is a group fitness program that incorporates a variety of weightlifting and gymnastic movements performed at high intensities. Although there is growing research on CrossFit’s physiological and behavioral outcomes, few studies have qualitatively examined the program’s psychological and sociological characteristics. Drawing from Henning Eichberg’s (1998) work on spatial geography, this five-month ethnographic study examined the space and place of two San Francisco Bay Area CrossFit gyms as an introduction to a broader discussion on CrossFit subculture and evolving discourses about the body, health, and fitness. Specifically, three major themes about the CrossFit space emerged from the participant-observation data, including: …

Assessing Lesbian Gay Bisexual Resistance In Core Team Sports, Kevin Edward Lynch

Master's Theses

The purpose of this study was to examine how sport and lesbian-gay-bisexual resistance intersect with economy, media, religion, politics, education, and race and whether those institutions reinforce the hegemonic masculinity gender construction embedded in sport. Through a review of literature, I explore whether the aforementioned institutions are incorporating sociologist Eric Anderson’s inclusive masculinity or whether they are stuck in the hegemonic form mainly in the core team sport of basketball, baseball, football and hockey. Also, I investigate if Allport’s contact hypothesis has played any role in the movement from hegemonic masculinity to inclusive masculinity. Religion, education, and economy all seem …

Measuring Tsunami Exposure And Pedestrian Evacuation Potential For The City Of Alameda, California, Evacuation Playbook Phases, Jeffrey Peters

Master's Theses

A maximum tsunami inundation zone modeled by the California Geological Survey (CGS) is currently the basis for all tsunami evacuations in California, although CGS is developing Evacuation Playbooks of specific event-based evacuation phases. This report estimates population exposure for the Alameda, CA, Evacuation Playbook Phases since past U.S. Geological scientific reports estimated a large difference in numbers of Alameda residents in the maximum inundation zone when compared to an event-based inundation zone. A pedestrian evacuation analysis using an anisotropic, path distance model was also conducted to understand the time it would take for populations to reach high ground by foot. …

Paying For Your Crime: The Pay-To-Stay Jail Program In California, Carla Sue Schultz

Master's Theses

Many California cities have recently implemented pay-to-stay jail programs at the local level. Pay-to-stay programs provide a safe and private incarceration experience for those who can afford the nightly fee. This study provides a theoretical analysis of the pay-to-stay jail program in relation to mass incarceration and the ever-expanding prison economy. It examines pay-to-stay programs as a new method of stratified punishment, reproducing race and class oppression within the U.S. penal regime. A case study of the Fremont pay-to-stay program offers insight into the implementation, operation, and application process for inmates seeking segregation from general county jail populations. This study …

Walt Kuhn: From Spotlight To Studio, The Art Of Show Business, Emily May Mcewan-Upright

Master's Theses

Walt Kuhn, an American artist born in New York, is often overlooked for his contribution to Modern American Art. Kuhn is typically recognized for his organizational and curatorial role in the 1913 Armory Show, but he was also internationally known in his time for his paintings of show people and as a creative director for several vaudeville and circus acts over his lifetime. During his career as a creative director, Kuhn’s artwork evolved from superficial renderings of theatre scenes to psychologically intense tronies of performers. Kuhn and other American artists, including the Ashcan group and Edward Hopper, examined the relationship …

"They Going To Throw You In Jackson Where You Belong": Depictions Of Mental Disability In The Works Of William Faulkner And Flannery O'Connor, Marie Elizabeth Lawson

Master's Theses

Mentally disabled characters in the works of William Faulkner and Flannery O’Connor are often subjected to mistreatment, neglect, and violence at the hands of their families and communities. In William Faulkner’s The Sound and the Fury (1929) and The Hamlet (1940) and Flannery O’Connor’s “The Life You Save May Be Your Own” (1955) and The Violent Bear it Away (1960), characters with mental disabilities are depicted in such a way as to evoke sympathy for the characters without the narratives overtly calling for sympathy. This is achieved through the juxtaposition of positive narrative portrayals with negative treatment by the characters’ …

Scaling And Splitting, New Approaches To Health Insurance, Christopher Robertson, Keith A. Joiner

Faculty Scholarship

In the United States, cost-sharing in health insurance coverage has become the primary mechanism for reducing insurance expenditures and, by extension, maintaining affordable coverage. Cost-sharing involves patients making various out-of-pocket (OOP) payments for their own health care aside from whatever the insurer pays. As a patient’s spending on health care grows month by month in any given year of coverage, she moves through three different “zones” of insurance, from no insurance, to partial insurance, and finally to full insurance.

A Problem Not Yet Manifest: Gaps In Insurance Coverage Of Medical Interventions After Genetic Testing, Sarah Malanga, Ryan Sprissler, Christopher Robertson, Keith Joiner

Faculty Scholarship

In the past decade, the field of genomics has rapidly changed and expanded.1 With these advancements also come new applications of genomics and genetics to clinical medicine. The information gathered from genetic testing and genome sequencing can reveal a great deal about not only an individual's current health, but his/her future health as well.2 This rapid expansion of scientific and medical capacity is accompanied by rapid changes for law and policy making thoughtful regulation essential. The human genome includes many variations, most of which have no known significance. However, some variants can be the cause of important medical conditions, and …

Caperton's Next Generation: Beyond The Bank, Jed Handelsman Shugerman, Debra Lyn Bassett, Gregory S. Parks, Dmitry Bam, Rex R. Perschbacher

Faculty Scholarship

Part of NYU Journal of Legislation & Public Policy Fall 2014 symposium: "Courts, Campaigns, and Corruption: Judicial Recusal Five Years after Caperton". The panels can be watched here.

Unfair And Deceptive Robots, Woodrow Hartzog

Faculty Scholarship

Robots, like household helpers, personal digital assistants, automated cars, and personal drones are or will soon be available to consumers. These robots raise common consumer protection issues, such as fraud, privacy, data security, and risks to health, physical safety and finances. Robots also raise new consumer protection issues, or at least call into question how existing consumer protection regimes might be applied to such emerging technologies. Yet it is unclear which legal regimes should govern these robots and what consumer protection rules for robots should look like.

The thesis of the Article is that the FTC’s grant of authority and …

The Scope And Potential Of Ftc Data Protection, Woodrow Hartzog, Daniel J. Solove

Faculty Scholarship

For more than fifteen years, the FTC has regulated privacy and data security through its authority to police deceptive and unfair trade practices as well as through powers conferred by specific statutes and international agreements. Recently, the FTC’s powers for data protection have been challenged by Wyndham Worldwide Corp. and LabMD. These recent cases raise a fundamental issue, and one that has surprisingly not been well explored: How broad are the FTC’s privacy and data security regulatory powers? How broad should they be?

In this Article, we address the issue of the scope of FTC authority in the areas of …