Digital Commons Network^™

Statutory Interpretations And The Therapy Of The Obvious, Edward L. Rubin

Vanderbilt Law Review

Arthur Koestler wrote that "the more original a discovery the more obvious it seems afterward."' The same may be said about theories of law, and specifically about Robert Katzmann's new book, Judging Statutes. Judge Katzmann's approach to statutory interpretation seems so plausible and balanced that it is hard to believe that anyone ever believed anything else. In this particular case, however, there is in fact an "anything else." It is, of course, Justice Antonin Scalia's campaign to displace intentionalist or purposivist approaches to interpretation with what has come to be called "textualism," and his related effort to rule out reliance …

Original Meaning And The Precedent Fallback, Randy J. Kozel

Vanderbilt Law Review

There is longstanding tension between originalism and judicial precedent. With its resolute focus on deciphering the enacted Constitution, the originalist methodology raises questions about whether judges can legitimately defer to their own pronouncements. Numerous scholars have responded by debating whether and when the Constitution's original meaning should yield to contrary precedent. This Article considers the role of judicial precedent not when it conflicts with the Constitution's original meaning but rather when the consultation of text and historical evidence is insufficient to resolve a case. In those situations, deference to precedent can serve as a fallback rule of constitutional adjudication. The …

Stabilizing Low-Wage Work: Legal Remedies For Unpredictable Work Hours & Income Stability, Charlotte Alexander, Anna Haley-Lock, Nantiya Ruan

Scholarly Works

Low-wage, hourly-paid service workers are increasingly subject to employers' "just-in-time" scheduling practices. In a just-in-time model, employers give workers little advance notice of their schedules, call workers in to work during non-scheduled times to meet unexpected customer demand, and send workers home early when business is slow. The federal Fair Labor Standards Act, the main guarantor of workers' wage and hour rights, provides no remedy for the unpredictable work hours and income instability caused by employers' last minute call-in and send-home practices. This Article examines two alternative sources of legal protection that have received little attention in the literature on …

Proposed Legal Constraints On Private Student Lenders, Mary C. Nicoletta

Vanderbilt Law Review

Many American high school graduates face a difficult choice: They can pursue higher education and the higher earnings it provides, but that means taking on debt that it may take them decades to pay back. Or they can forego a college degree and its attendant debt but be stuck earning lower wages for their entire lives. For many of these students, there is no viable third option. From an early age, many Americans have been told about the value of a college degree-without one, finding a job is difficult and lifetime income is severely depressed. Data relating educational attainment to …

Designing A Transactional Law Clinic For Life-Long Learning, Patience A. Crowder

Scholarly Works

No abstract provided.

Review Of Covering The United States Supreme Court In The Digital Age, Susan David Demaine

Articles by Maurer Faculty

No abstract provided.

Book Review: Stigma, Discrimination, And Living With Hiv/Aids: A Cross-Cultural Perspective, Joyce Addo-Atuah, William Lundmark

Touro University Libraries Publications and Research

The authors present a review of the book Stigma, Discrimination, and Living with HIV/AIDS: A Cross-Cultural Perspective.

Comparing Technological Advancement Of Hybrid Electric Vehicles (Hev) In Different Market Segments, Dong-Joon Lim, Shabnam Razeghian Jahromi, Timothy R. Anderson, Anca-Alexandra Tudori

Engineering and Technology Management Faculty Publications and Presentations

The Toyota Prius was first introduced in 1997 and since then over 150 hybrid electric vehicles (HEVs) have been brought to the automobile market around the world. This was spurred by a major interest in the future of vehicles using ‘alternative fuel’ for addressing environmental and fuel dependency concerns. Based upon previous work1, which identified an input-output model that could successfully explain the progress of HEV technologies, this study evaluates and compares the technological advancement observed in different HEV market segments over the past 15 years. The results indicate that the introduction of a wide range of midsize HEVs is …

Una Disciplina De Guerra: Henríquez Ureña Y El Latinoamericanismo, Fernando Degiovanni

Publications and Research

Este trabajo examina el lugar de Pedro Henríquez Ureña en la construcción del campo académico del Latinoamericanismo a partir de la consideración de las variables que intervinieron en su nombramiento como catedrático Norton de la Universidad de Harvard a comienzos de la Segunda Guerra Mundial. El análisis de fuentes nunca antes exploradas por la crítica –conferencias universitarias, discursos públicos, cobertura periodística y correspondencia personal– ofrece un nuevo punto de vista sobre el rol de Henríquez Ureña en la consolidación de la política del Buen Vecino. Palabras clave: Latinoamericanismo, Hispanismo, industrias culturales, derechos civiles, democracia, Pedro Henríquez Ureña.

Unit Plan: The Role Of Community Organizations In The Oregon Civil Rights Movement, Michael Gifford, Lance Erickson

African American History in Oregon: Lesson Plans

This unit will introduce students to the role of Community Organizations in the Civil Rights Movement in Portland, Oregon. They will be presented with information on the various organizations and issues facing African Americans who lived in Portland during the civil rights movement. At the conclusion of the unit students will be able to discuss the community organizations played in relation to the success of civil rights protests in Portland. They will also have an understanding of how the African American civil rights movement served as a model for modern activism.

Unit Plan: The Desegregation Of Portland Public Schools, Sadie Adams, Dia Nelson

African American History in Oregon: Lesson Plans

The greatest turning point in United States history was when the Brown vs. Board of Education decision outlawed the policy of "separate but equal." It paved the way for equal rights to become a reality across the nation. This unit starts with the national context educating students on segregation before the Brown decision. As students move through the lessons they build background knowledge on the impact of Brown from a national context down to a more local context by focusing on the desegregation in Portland Public Schools in Portland, Oregon. Students will develop reading, writing, and critical thinking skills through …

Unit Plan: The Role Of The Urban League Of Portland In The African American Community, Amber Ferris, Andre Hawkins, Cari Yelvington

African American History in Oregon: Lesson Plans

This unit is intended for a high school social studies classroom. It can be utilized in a variety of social studies courses as it touches upon community organizing, Oregon history, and African American history. The lessons focus on the Urban League of Portland's role in "uplifting" the African American community, with particular attention to the issues of equality in housing and education. The unit materials provide some history and basic information about the Urban League of Portland as well. Developing student skill in text and chart analysis is emphasized in this unit. Formative assessments are embedded within the lessons. At …

Feminism, Psychology And Social Justice: A Possible Meeting? An Interview With Michelle Fine, Karla Galvão Adrião

Publications and Research

Michelle Fine is a Feminist Psychologist Researcher and has contributed strongly in the past two decades to the Qualitative and Participatory Methodologies field, with special attention to Critical-Participatory-Action-Research (CPAR). Her research in Social Psychology and Education puts into question the positions of power and privilege, concepts such as social justice/injustice, the intersectional reading of gender, class, race, generation, and the notion of solidarity.

Humanities Unbound: Supporting Careers And Scholarship Beyond The Tenure Track, Katina Rogers

Publications and Research

As humanities scholars increasingly recognize the value of public engagement, and as the proportion of tenure-track faculty positions available continues to decline, many humanities programs are focusing renewed attention on equipping graduate students for careers as scholars both within and beyond academe. To support those efforts, the Scholarly Communication Institute has carried out a study investigating perceptions about career preparation provided by humanities graduate programs. The survey results help to create a more solid foundation on which to base curricular reform and new initiatives by moving the conversation about varied career paths from anecdote to data. The findings make it …

Socioeconomic Disparities In The Provision Of Outdoor Time In Portland, Oregon Public Elementary Schools, Sabine L. Lefkowitz

University Honors Theses

This thesis examines the relationship between socioeconomic status (SES) and the amount of outdoor time in public elementary schools in Portland, Oregon. "Outdoor time" is defined as the percentage of the school day spent at recess. SES is determined based on the percentage of children at each school who receive free or reduced price lunch. Schools with a higher percentage of students who receive free or reduced lunch are considered lower SES than schools with a lower percentage of students who receive free or reduced lunch. A review of the current literature provides evidence that time spent outdoors has a …

Thirty Years Later: A Community Memoir Of The 1984 Sikh Massacres, Ravleen Kaur

University Honors Theses

"Thirty Years Later" is a work of creative nonfiction based on interviews with members of the Portland-area Sikh community regarding their experiences during the 1984 Sikh massacres in India. The narrative, which is set in scene thirty years ago, weaves together 17 testimonies to paint an intimate picture of a people while endeavoring to tell an alternative, subjective history to counter official accounts.

Empowering The Voice Of The Female Student: A Gender Inclusive Approach To The High School Language Arts Curriculum, Brittany Bonnet

University Honors Theses

In American schools, young women are routinely provided with examples of strong male characters and authors in the high school English classroom. Written curriculum (such as the syllabus, reading list, and grading practices) continues to contribute to the erasure of the female student. Furthermore, hidden curriculum (lessons that are taught “unintentionally” such as norms or values), such as a teacher’s use of gendered language, or time spent with students of different genders, reflects this same problem as teachers unintentionally disempower the female voice in the classroom. The result is female students who are less confident in the classroom and the …

Fostering Critical Thought Alongside The Common Core State Standards, Bianca Arias

University Honors Theses

This thesis evaluates a segment of the second grade English language arts and literacy (ELA) curriculum presently utilized in Portland Public Schools (PPS) school district in Portland, Oregon, using five principles for evaluation. These principles address the extent to which lessons are hands-on, engage home life, integrate the academic disciplines, encourage student autonomy, and are relevant to society today. These criteria were established following a review of John Dewey’s ideas and philosophies, and of two practices that model Deweyan principles: Project-Based Learning (PBL) and progettazione in the Municipal Infant/Toddler Centers and Preschools of Reggio-Emilia, Italy. This analysis of the ELA …

The Great Good Bicycle Shop: Exploring The Community Roles Of A Neighborhood Business, Timothy J. Wesolowski

University Honors Theses

The local bicycle shop (LBS) has long served its neighborhood as a retail establishment and service center, but little has been done to analyze its influence on the greater community. After examining the categories of people who cycle and frequent bike shops, a rough typology of the different kinds of bike shops often found in a city was synthesized. This paper examines the different roles or assets that a given shop can be in a neighborhood. From a third place or anchoring institution to advocate for and even component of cycling infrastructure, the LBS fulfills one or several of these …

The Adverse Effects Of Maternal Depression And Poverty On Child Development, Courtney A. Nyseth

University Honors Theses

This thesis examines the issues of maternal depression and poverty, their connection, and the overall adverse effects on child health, behavior, development, and school achievement. Poverty and maternal depression are ongoing social issues in the United States. They are both influenced by several factors such as socioeconomic status, maternal health, and family instability. These factors all directly relate to childhood health and social inequalities.

Poverty, maternal depression, substance abuse, and domestic violence are known to be the most common factors that place young children at high risk for poor health (Azzi-Lessing, 2013). Some of the health outcomes from poverty and …

Growing Writers, Katherine Moffitt

University Honors Theses

This thesis is about my internal process of finding and giving answers to the questions I had about life through my story "Uncle Loo" and sharing my characters and story with others so that they many grow as writers as well. I created and used my character Loo as a guide to wander into the questions I had and found answers in his life. I used a process of taking real life examples, picking the best part of the story and incorporating it into my writing. By taking true events from life and placing them in this story I was …

Divine Diets: Food And Fasting Of Medieval Mystics In The Vitae Of Thomas Of Cantimpré, Hannah Anderson

University Honors Theses

Food and fasting were central themes in the vitae of women mystics in the middle ages. However, second parties, primarily male hagiographers, recorded most of the written works about these women’s lives and spiritual experiences. Thus the question of authorship and influence arises in discerning what arose from the women themselves as opposed to their writers. In this paper I analyze the women’s vitae of one writer, Thomas of Cantimpré, from the 13^th century to find what a comparison of the texts reveal about the subjects and the author’s motivations in telling their lives. Though food and fasting features …

That Mysterious, Remisse Knot: Katherine Philips's Unincorporated Fraternity, Rene Kramer

University Honors Theses

Recent critics in early modern poetry, women’s literature, and queer studies have attempted to factor Katherine Philips’s friendship poetry into a history of homoerotic suspicion. Her metaphysical poems have been offered as a publically significant, potential erotics of textual, rather than physical, embodiment. This thesis responds by returning to the significance of the in-significance of textual representations of feminine erotics, as well as to earlier criticism of Philips as a poet of non-public life and chastity. An examination of notions of innocence in Philips’s configurations of friendship highlights an excess of innocence and a passion predicated on exception, restraint, and …

Conceptual Writing On A Digital Narrative Project, Shelley Zansler

University Honors Theses

Drawing inspiration from avant-garde writers such as Kenneth Goldsmith and Craig Dworkin, this piece was produced by the systematic principles of conceptual writing; its significance is in its process and formative idea rather than in the idea's resultant product. The piece, a transcribed conversation between the author and a few of her friends, doubles the notion of process as a final product in and of itself. The first emphasis is its simple existence and production as conceptual, which is inherently process-based. The second is that the conversation taking place in the piece is a constructive discussion regarding a project the …

The Body: Conceptualizing Abortion In Contemporary Ireland, Sofia Ellis-Curry

University Honors Theses

Currently abortion is illegal in Ireland. This thesis uses personal and political discussions about abortion I had during a study abroad in Ireland to engage larger concepts of the institutional (Church and State) and the symbolic (justice and morality). This work seeks to highlight how the Catholic Church and the nation-state benefit from the regulation of women's bodies. Through the continued regulation of women's bodies, specifically around access to abortion, the nation-state can better control projects of race, class, gender, sexuality and ability in order maintain strict notions of citizenship and preserve Irish identity reclamation projects.

Development And Initial Application Of Low-Molecular Weight Organic Acids And Inorganic Ionic Species In Aerosol Particulate Matter Via Ion Chromatography, Clarissa D. Karpinski

University Honors Theses

Air pollution, especially particulate matter, is a widespread environmental and public health risk. In this work, a method has been developed to separate, resolve, and quantitate monovalent anionic and cationic organic acids in aerosol particulate matter through ion chromatography (IC). The standard samples were analyzed on a Dionex ICS-5000 Ion Chromatography System with suppressed conductivity detection, and calibration curves for all analytes were created. A preliminary tobacco smoke sample was also analyzed. This method may be applied to the analysis of atmospheric particulate matter, as well as tobacco smoke particulate matter, in order to determine and quantitate primary anions and …

Effective Methods Of Constituency Service In Oregon State, Thanh T. Ngo

University Honors Theses

One would think that casework is the most effective method to reach constituents, however, that was not the case with this research about the Oregon State Legislature. Out of the 90 State Senators and House Representatives, there was a total of 50 surveys conducted and four interviews. The purpose of this research was to determine between casework, outreach and providing information, which method is deemed most effective within the Oregon Legislature when it comes to constituency service. Calculations show that third method, providing information, was the most effective with a solid 63%. These results shows that our legislator still lack …

Diversity Within Asian Americans: Barriers To The Public Discussion Of Discrimination, Samantha I. Ing

University Honors Theses

This purpose of this thesis is to discuss barriers to the public discussion of discrimination against Asian-Americans. The literature addresses three major barriers: model minority status, portrayal in media, and cultural desire to assimilate. This thesis discusses how Asian-Americans contain generational, ethnic, and immigration-based diversity that complicates these barriers, while also positing that diversity itself presents a barrier. This project concludes with a brief discussion of "intra-ethnic othering," the discrimination that occurs between Asian subgroups, as another barrier to public discussion of Asian-American discrimination.

Supporting At-Risk Student Success: Incentives And Accountability Matter, Jordan Sell

University Honors Theses

This comparative case study aims to understand the contrasting graduation rates between Benson Polytechnic High School and Roosevelt High School in Portland, Oregon. I chose Roosevelt and Benson due to their similar reported demographics. Roosevelt reports 76% of students qualifying for free or reduced lunch and 69.6% classified as non-white. Benson reports 69% of students qualifying for free or reduced lunch and 71.4% classified as non-white. Even with their similar demographic makeup, Benson boasts an 87% graduation rate in the 2013-2014 school year and Roosevelt reports a 53% graduation rate in the 2013-2014 school year. Using theories put forth by …

The Corporatization Of Retail Pharmacy: Changes In Efficacy, Reliability, And Expedience, Charles Bodreau

University Honors Theses

The retail pharmacy of the present has undergone a large shift in ownership from private to corporate in the form of chain pharmacies. In this literature review, the effects of this shift in ownership, otherwise referred to as “corporatization” are examined in order to determine both the benefits and areas of concern regarding this change. This review suggests that the benefits include: Decreases in filling time and increases in patient satisfaction. The areas of concern include: Decreasing patient-pharmacist counseling rates, increases in Adverse Drug Reaction rates and decreased pharmacy costs but not patient costs. It is concluded that the areas …