Digital Commons Network^™

The More Things Change . . . : Exploring Solutions To Persisting Discrimination In Legal Academia, Melissa Hart

Publications

No abstract provided.

Reflections On Teaching Business Associations: The Case For Teaching More Agency And Unincorporated Business Entity Law, Mark J. Loewenstein

Publications

This paper argues for increased coverage of the law of agency and alternative entities in business associations courses.

The Stereotyped Offender: Domestic Violence And The Failure Of Intervention, Carolyn B. Ramsey

Publications

Scholars and battered women's advocates now recognize that many facets of the legal response to intimate-partner abuse stereotype victims and harm abuse survivors who do not fit commonly accepted paradigms. However, it is less often acknowledged that the feminist analysis of domestic violence also tends to stereotype offenders and that state action, including court-mandated batterer intervention, is premised on these offender stereotypes. The feminist approach can be faulted for minimizing or denying the role of substance abuse, mental illness, childhood trauma, race, culture, and poverty in intimate-partner abuse. Moreover, those arrested for domestic violence crimes now include heterosexual women, lesbians, …

Toward A Structural Theory Of Implicit Racial And Ethnic Bias In Health Care, Dayna Bowen Matthew

Publications

No abstract provided.

The Government's Lies And The Constitution, Helen Norton

Publications

Governments lie. They do so for many different reasons to a wide range of audiences on a variety of topics. Although courts and commentators have extensively explored whether and when the First Amendment permits the government to regulate lies told by private speakers, relatively little attention has yet been paid to the constitutional implications of the government's intentional falsehoods. This Article helps fill that gap by exploring when, if ever, the Constitution prohibits our government from lying to us.

The government’s lies can be devastating. This is the case, for example, of its lies told to resist legal and political …

Revisiting The Mansions And Gatehouses Of Criminal Procedure: Reflections On Yale Kamisar's Famous Essay, William T. Pizzi

Publications

In 1965, Yale Kamisar published a now-famous essay entitled, Equal Justice in the Gatehouses and Mansions of American Criminal Procedure: From Powell to Gideon, from Escobedo to... to make his case that the Court needed to take action to protect citizens in interrogation rooms, Kamisar used the powerful metaphors of the gatehouse and the mansion to contrast the treatment received in interrogation rooms in the back of police stations with the way defendants were treated when they arrived at courthouses where the power of the state was restricted and they had strong constitutional protections.

On its 50th anniversary since publication, …

A Few Thoughts On Free Speech Constitutionalism, Helen Norton

Publications

No abstract provided.

Cyberharassment And Workplace Law, Helen Norton

Publications

No abstract provided.

Revoking Rights, Craig J. Konnoth

Publications

In important areas of law, such as the vested rights doctrine, and in several important cases--including those involving the continued validity of same-sex marriages and the Affordable Care Act--courts have scrutinized the revocation of rights once granted more closely than the failure to provide the rights in the first place. This project claims that in so doing, courts seek to preserve important constitutional interests. On the one hand, based on our understanding of rights possession, rights revocation implicates autonomy interests of the rights holder to a greater degree than a failure to afford rights at the outset. On the other …

Government Speech And Political Courage, Helen Norton

Publications

This short essay addresses Walker v. Texas Div., Sons of Confederate Veterans, Inc., in which a divided Court upheld Texas's rejection of the Sons of Confederate Veterans' request for a specialty license plate that featured the Confederate flag. Although it agrees with the majority that specialty license plates can -- and often do -- reflect the government's own expression that the government should remain free to control without running afoul of the First Amendment, it argues that the Walker Court missed an important opportunity to refine its government speech doctrine. Not only has the Court yet to settle on a …

Regulating Real-World Surveillance, Margot E. Kaminski

Publications

A number of laws govern information gathering, or surveillance, by private parties in the physical world. But we lack a compelling theory of privacy harm that accounts for the state's interest in enacting these laws. Without a theory of privacy harm, these laws will be enacted piecemeal. Legislators will have a difficult time justifying the laws to constituents; the laws will not be adequately tailored to legislative interest; and courts will find it challenging to weigh privacy harms against other strong values, such as freedom of expression.

This Article identifies the government interest in enacting laws governing surveillance by private …

Outing Privacy, Scott Skinner-Thompson

Publications

The government regularly outs information concerning people's sexuality, gender identity, and HIV status. Notwithstanding the implications of such outings, the Supreme Court has yet to resolve whether the Constitution contains a right to informational privacy - a right to limit the government's ability to collect and disseminate personal information.

This Article probes informational privacy theory and jurisprudence to better understand the judiciary's reluctance to fully embrace a constitutional right to informational privacy. The Article argues that while existing scholarly theories of informational privacy encourage us to broadly imagine the right and its possibilities, often focusing on informational privacy's ability to …

The Effects Of Income Inequality On Society, Jessica Lee Clark

Theses and Dissertations

This study is an examination of the relationship between income inequality and numerous indicators that capture the physical health of the citizens, additionally controlling for numerous other confounding factors. The analysis contributes to the literature by examining this relationship at a more disaggregated level within the Unites States than previous studies. This approach may help us to explore any impacts of income inequality on health that are lost in aggregation. The analysis also includes the most recent recession and adds to the literature the impact of inequality on health during a period of economic crisis. Results suggest that there is …

Utilizing Novice Teachers' Perceptions And Voices To Make Recommendations For Improving Teacher Preparation For Inclusive Education: A Mixed Methods Study, Keri Lynne Desutter

Theses and Dissertations

The purpose of this explanatory sequential mixed methods study was to examine novice elementary teachers' perceptions of preparedness and competence for teaching in inclusive classrooms in relation to experiences during undergraduate teacher preparation. Factors that correlate with, identify differences between, or predict perceptions of preparation and competence for teaching in inclusive classrooms were examined. A pragmatic framework guided this study.

The responses from eighty-four novice teachers from the state of Minnesota were utilized during the quantitative phase of the study. During this phase participants completed an online survey containing items related to Minnesota Standards of Effective Practice, Inclusive Beliefs, Preparation …

Student Perceptions Of Digital Resources And Digital Technology In A Flipped Classroom, Larry S. Guggisberg

Theses and Dissertations

The purpose of this study was to analyze student perceptions of flipped classroom instruction strategies, and student perceptions of their learning experience using digital resources and digital technology in a flipped classroom. Although perceptions are important, student achievement is a common tool used by policy-makers and judged by the general public as a means to evaluate and achieve continuous improvement in K-12 public education.

This case study may be a beneficial illustration for school administrator practitioners to consider prior to implementation or utilization of flipped classroom instructional strategies. The study provides a review of a high school that first implemented …

The Impacts Of Climate, Land Use, Economics, And Conservation Policies On The Hydrology Of The Devils Lake Basin, Gehendra Kharel

Theses and Dissertations

Devils Lake (DL), a closed-basin lake in northeastern North Dakota of the USA, has risen 10 m since 1991 exhibiting a costly, lengthy and litigious water management wicked problem in the region. With nearly US $1.5 billion already spent in flood mitigation, DL is less than 2 m from its uncontrolled overspill to the nearby Sheyenne River, a tributary of the Red River of the North that connects to Lake Winnipeg in Canada. In this study, three important concerns related to DL water management are being addressed: (1) Are currently implemented outlets capable of mitigating potential risks posed by climate …

Alpha1a Adrenergic Receptor Influences On Adult Neurogenesis, Cell Fate, Mood, Learning, Memory, Lifespan, And Cancer Incidence, Katie Collette

Theses and Dissertations

Norepinephrine is a catecholamine neurotransmitter that signals through the adrenergic receptors (ARs), α1, α2, and β, each with three subtypes. There is little research on the function of α1AR subtypes, α1A- and α1BARs, in the brain. By using α1AR agonists, antagonists, and transgenic activation there appears to be a role for the subtypes in learning, memory, mood, adult neurogenesis, and cancer.

α1AAR activation enhances learning and memory in the adult mouse. In the current study, we used α1A- or α1BAR knockout mice (α1AAR or α1BAR-KO mice) and behavioral testing to examine learning, memory, depression, and anxiety. We found that KO …

Post-Conflict Peacebuilding In Bosnia-Herzegovina, Hannah Marie Waller

Honors Theses and Capstones

During the summer of 2014, I lived in Sanski Most, Bosnia-Herzegovina, with funding from an International Research and Opportunities Program (IROP) grant from the Hamel Center for Undergraduate Research at the University of New Hampshire (UNH). Through a series of semi-structured interviews and participant observation, my research highlighted the roles of truth, memory, and justice in rebuilding a post-conflict society in Bosnia-Herzegovina―essentially, on peacebuilding since the war ended in 1995. The Bosnian War stands as the worst genocide since the Holocaust, with 350,000 casualties and over 100,000 dead―80% of whom were Muslim Bosniaks, targets of an ethnic cleansing campaign by …

"Life, Liberty..." And The Law: John Adams' Political Thought During The American Revolution, Kelsey Anne Diemand

Honors Theses and Capstones

No abstract provided.

A New Approach To Climate Change: A Consideration Of Ancillary Benefits In Linking Regional Permit Trading Systems, William H. Meyer

Honors Theses and Capstones

In this paper, I investigate the economic efficiency of two major approaches to greenhouse gas reduction, and evaluate their respective benefits. First, I trace the path of action and thinking on addressing climate change from a global to a regional level. Second, I consider the major economic benefits of having a globally-integrated greenhouse gas abatement system. Third, I consider the economic benefits of regional approaches to climate change, with a focus on the ancillary benefits from greenhouse gas abatement. I conclude by reviewing the challenges to linking regional abatement systems into a cohesive network, and suggest a potential future approach …

The Influence Of Extracellular-Regulated Kinases (Erks) On Granulosa Cell Fate In The Bovine Follicle, Nicolette M. Schwab

Honors Theses and Capstones

Each year, infertility in cows costs the dairy industry over $400 million. This project is focused on the onset of follicular atresia in cows; the process by which the egg-bearing follicles die prematurely and can lead to infertility. The cellular mechanisms that influence programmed cell death, or apoptosis, of bovine granulosa cells (bGCs) within follicles are being investigated. In general, the extra-cellular regulated kinases (ERKs) are intracellular signaling proteins believed to influence the proliferation, survival, and differentiation of cells. In the context of follicular atresia, however, the relationship between the onset of apoptosis of bGCs and the effects of ERKs …

Ngos Creatively Navigating Donor And Governmental Restrictions In The Middle East And North Africa, Jessica David

Honors Theses and Capstones

Local governments’ regulations and donor organizations’ requirements create political and financial restrictions for Non-Governmental Organizations (NGOs) in the Middle East and North Africa (MENA). As a result NGOs in countries such as Egypt, Tunisia, and Morocco must become creative in the ways they develop and implement projects. In order to be efficient and successful, NGOs use different techniques including creative means to fund their programs, partnerships with outside organizations, and creative uses of their resources.

Many NGOs will find creative solutions to navigate these restrictions. Some of the solutions will be similar, while others will be completely unique. Yet despite …

The Toric Approach To F-Theory Model Building, Herbie L. Smith

Honors Theses and Capstones

We describe the theoretical motivation for F-theory as a non-perturbative generalization of string theory. The four complex-dimensional compactification spaces of F-theory, called elliptically-fibered Calabi-Yau manifolds, consist of the six compact dimensions of string theory, plus a two-dimensional fiber that describes the string coupling field as a function of position on the string theory manifold. The methods of toric geometry are developed and applied to construct examples of elliptically-fibered Calabi-Yau manifolds. We analyze in detail models in which the fiber is free of singularities as a test bed for a more general analysis.

Carnivore Diet Identification Through Scat And Genetic Analysis In Namibia, Africa, Alicia J. Walsh

Honors Theses and Capstones

Worldwide the cheetah population is declining making them Africa’s most endangered large cat. Namibia, Africa currently has the largest population of cheetahs in the world. During the summer of 2014, I did scat analysis of carnivores on the property of the Cheetah Conservation Fund (CCF) in Namibia in order to better understand the predators that compete with the cheetah and how the ecosystem works as a whole. I worked at CCF for nine weeks to analyze the diets of carnivores in the area through genetic and scat analysis. Analyzing carnivore feces would ultimately identify the diet of various carnivores in …

A Growing Sin-Dustry: The History And Effects Of Cigarette Excise Taxation And Regulation In The United States, Devin A. Rheaume

Honors Theses and Capstones

Originating with the gabelle taxes of France during the close of the Albigensian Crusades, excise taxes and regulations on consumer products have historically been used by local and federal governments to generate revenue during periods of war. Following the enactment of the Internal Revenue Act on June 30, 1864, the United States extended their definition of consumer products to include cigarettes and other tobacco products. The United States Federal government justifies cigarette taxes as a method not only to discourage the habit of smoking but also to recover the costs of the negative externalities associated with the “sinful” behavior. Through …

Edna The Oblivious Oppressor: An Intersectional Analysis Of Privilege And Its Lack Thereof In The Awakening, Jessica L. Rosenthal

Honors Theses and Capstones

No abstract provided.

Processing And Property Evaluation Of Tungsten-Based Mixed Oxides For Photovoltaics And Optoelectronics, Mirella Vargas

Open Access Theses & Dissertations

Tungsten Oxide (WO3) films and low-dimensional structures have proven to be promising candidates in the fields of photonics and electronics. WO3 is a well-established n-type semiconductor characterized by unique electrochromic behavior, an ideal optical band gap that permits transparency over a wide spectral range, and high chemical integrity. The plethora of diverse properties endow WO3 to be highly effective in applications related to electrochromism, gas sensing, and deriving economical energy. Compared to the bulk films, a materials system involving WO3 and a related species (elements or metal oxides) offer the opportunity to tailor the electrochromic response, and an overall enhancement …

Salt And Mineral Recovery From High Salinity Waters, Osvaldo Alejandro Broesicke

Open Access Theses & Dissertations

Natural salt springs in the Salt Fork Basin in Crosby County, Texas, result in the natural salt pollution of the Brazos River, rendering it unusable for most potable purposes. Previous research indicates that by intercepting the source of the pollution, water quality of the Brazos River can be greatly improved. This paper investigates and assesses two strategies for salt and mineral recovery using natural brine collected from the Salt Fork Basin, the first of which is presented in a separate work.

The research described in this paper evaluates the potential of a desulfation, soda-caustic softening, acidification/decarbonation, and evaporation process to …

Pathways To The Superintendency: Case Studies Of Hispanic Superintendents In Texas, Sandra Calzada

Open Access Theses & Dissertations

The purposes of this study were (a) to learn about the pathways to the superintendency for Hispanic superintendents in Texas and (b) to examine cultural issues encountered along the way. Collected data were compared to Scheinâ??s theory of organizational career mobility. A triangulation approach consisting of in-depth interviewing, survey completion, and observational data solicited information pertaining to their career development tracks, personal and career preparation, and incentives or disincentives to pursuing the superintendency. Participants were purposively selected from approximately 120 to 130 current Hispanic superintendents in Texas. The selected superintendents lead large districts (student enrollment exceeding 25,000) throughout various Texas …

Forecasting Water Demand In Phoenix, Juan Pedro Cardenas

Open Access Theses & Dissertations

Water utility planning efforts are supported by short-term water demand forecasts. This study applies a Linear Transfer Function (LTF) approach in order to model and forecast water demand for single-family residential, multi-family residential, and nonresidential customer categories in Phoenix, Arizona. Out-of-sample simulations of water demand, with a monthly frequency, are generated for periods when actual demand is known. Descriptive measures and two formal tests are utilized to analyze the accuracy of LTF projections against two random walk benchmarks. The price elasticities for the single-family residential, multi-family residential, and nonresidential usage categories are -0.36, -0.31, and -0.75, respectively. The descriptive accuracy …