Digital Commons Network^™

Abortion, Informed Consent, And Regulatory Spillover, Katherine Shaw, Alex Stein

Articles

The constitutional law of abortion stands on the untenable assumption that any state’s abortion regulations impact citizens of that state alone. On this understand-ing, the state’s boundaries demarcate the terrain on which women’s right to abortion clashes with state power to regulate that right.

This Article uncovers a previously unnoticed horizontal dimension of abortion regulation: the medical-malpractice penalties imposed upon doctors for failing to inform patients about abortion risks; the states’ power to define those risks, along with doctors’ informed-consent obligations and penalties; and, critically, the possi-bility that such standards might cross state lines. Planned Parenthood v. Casey and other …

The Continuing Battle Over Economically Targeted Investments: An Analysis Of The Department Of Labor's Interpretative Bulletin 2015-01, Edward A. Zelinsky

Articles

In Interpretive Bulletin 2015-01 (IB 2015-01), the U.S. Department of Labor (DOL) renewed the now two-decades old battle over “economically targeted investments” (ETIs). As a matter of statutory interpretation, IB 2015-01, like its predecessors, is unpersuasive. The Employee Retirement Income Security Act of 1974 (ERISA) requires plan trustees to invest “solely” to provide participants’ retirement benefits. A trustee who invests in ETIs violates this statutory obligation by pursuing collateral economic benefits for persons other than plan participants. As a matter of policy, the social investing which ETIs exemplify is unsound. At best, such social investing in practice merely shuffles investment …

The Coherence Of Conceptual Primitives, Jamie C. Macbeth, Marydjina Barionnette

Computer Science: Faculty Publications

Intelligent systems that process natural language need representations of knowledge to support a human-like thought process, and they often use natural language words or phrases to name and represent concepts in a knowledge base. But some theories of cognition claim that language and thought are not the same thing, and that human thought processes occur at a deeper level of representation than words and phrases in language. In this paper we present results of a human subjects study of language-free primitive decomposition as a representation for commonsense knowledge. We found that our subjects could comprehend and use a primitive decomposition …

Corporate Governance In An Era Of Compliance, Sean J. Griffith

Faculty Scholarship

Compliance is the new corporate governance. The compliance function is the means by which firms adapt behavior to legal, regulatory, and social norms. Formerly, this might have been conceived as a typical governance matter to be handled at the discretion of the board of directors. Compliance, however, does not fit traditional models of corporate governance. It does not come from the board of directors, state corporate law, or federal securities law. Compliance amounts instead to an internal governance structure imposed upon the firm from the outside by enforcement agents. This insight has important implications, both practical and theoretical, for corporate …

Response Of Antarctic Cryoconite Microbial Communities To Light, Elizabeth A. Bagshaw, Jemma L. Wadham, Martyn Tranter, Rupert Perkins, Alistair Morgan, Christopher J. Williamson, Andrew G. Fountain, Sean Fitzsimons, Ashley Dubnick

Geology Faculty Publications and Presentations

Microbial communities on polar glacier surfaces are found dispersed on the ice surface, or concentrated in cryoconite holes and cryolakes, which are accumulations of debris covered by a layer of ice for some or all of the year. The ice lid limits the penetration of photosynthetically available radiation (PAR) to the sediment layer, since the ice attenuates up to 99% of incoming radiation. This suite of field and laboratory experiments demonstrates that PAR is an important control on primary production in cryoconite and cryolake ecosystems. Increased light intensity increased efficiency of primary production in controlled laboratory incubations of debris from …

Clinical And Histologic Features Of Cutaneous Toxicities Due To Anti-Programmed Cell Death-1 Therapy, Veronica Shi

Yale Medicine Thesis Digital Library

Novel immunotherapies for oncologic treatment include anti-programmed cell death-1 (PD-1) and anti-programmed cell death ligand-1 (PD-L1) agents. These therapies activate the body’s inherent immune response against tumor cells by stimulating T cell proliferation. With the recent approval of agents such as nivolumab and pembrolizumab for the treatment of melanoma, lung cancer, and renal cell cancer, there is a growing need to better characterize their toxicity profiles. This study sought to provide a clinical and histologic description of the cutaneous toxicities seen in patients receiving anti-PD-1/PD- L1 treatment. Cases of patients on anti-PD-1/PD-L1 therapy who developed cutaneous adverse effects were collected …

Living Communication Pedagogy: Instructors With Visible Disabilities, Carrie E. Mulderink

Research Papers

In this paper, I argue that critical communication pedagogy, as a discipline, can benefit from an inclusion of instructors with visible disabilities in its literature and analysis. In particular, I employ my experiences as a teaching assistant with a visible disability to situate my own embodied knowledge as a way of understanding, in concert with literature reviews of critical communication pedagogy and instructors with visible disabilities. I also interview instructors with visible disabilities about their experiences to argue for our inclusion in critical communication pedagogy.

Black Water: The Devastating Effects Of Alcohol On The Core Values Of The A:Shiwi (Zuni), Christy Chapman

Tribal Law Journal

As in many Native American communities, alcohol use and abuse is an all too common problem among the Ashwi, members of Zuni Pueblo. Soon after the arrival of Anglo-American settlers, alcohol was introduced to the Zuni. Seeing its devastating effects, Zuni elders referred to this intoxicating substance as ‘black water.’ Since the introduction of black water, alcohol abuse among the Zuni has resulted in community members committing frequent criminal offenses, numerous health problems, and is the number-one cause of premature death among the Zuni.

Over the last century and a half, the devastating effects of black water have eroded the …

Postcolonial Management Of The Transboundary Guaraní Aquifer System: Indigenous Input As A Guide For Environmental Sustainability, Melissa Leonard

Tribal Law Journal

This article discusses the Guaraní Aquifer System, which is a vast groundwater source that spans across Argentina, Uruguay, Paraguay, and Brazil. The Guaraní Aquifer System is located beneath the ancestral homelands of the Guaraní indigenous peoples, yet it is exclusively managed by nation states. The Guaraní indigenous peoples have been deprived of their ancestral land and have no say in the utilization or management of the Aquifer. This article discusses social and legal theory relating to water management and governance, as well as Guaraní social organization, belief systems, and customary environmental law in the context of “postcolonial” water management. This …

Considering The Best Interests Test In The Context Of Disabilities, Vincent Ooi, Jia Wei Loh

Research Collection Yong Pung How School Of Law

The United Kingdom is bound by several international obligations to eliminate discrimination against persons with disabilities, chief among these being the United Nations Convention on the Rights of Persons with Disabilities (‘CRPD’), which was ratified on 8 June 2009.Compliance with these obligations is secured at the domestic level through provisions such as those in the Equality Act 2010 (‘EA 2010’). However, parents with disabilities remain exceptionally vulnerable to losing the care and custody of their children under care orders and child arrangements orders.Thus, in 2006 the Social Care Institute for Excellence conducted a knowledge review which found that social workers …

Constructing The Search Template: Episodic And Semantic Influences On Categorical Template Formation, Juan D. Guevara Pinto

LSU Master's Theses

Search efficiency is usually improved by presenting observers with highly detailed target cues (e.g., pictures). However, in the absence of accurate target cues, observers must rely only on categorical information to find targets. Models of visual search suggest that guidance in a categorical search results from matching categorically-diagnostic target features in the search display to a top-down attentional set (i.e., the search template), but the mechanisms by which such attentional set is constructed have not been specified. The present investigation examined the influences of both semantic and episodic memory on search template formation. More precisely, the present study tested whether …

Learning The Language Of Nature: Young Children As Mathematical Thinkers, Carolyn P. Edwards, Courtney Boise

Department of Child, Youth, and Family Studies: Faculty Publications

Math Early On, funded by the Buffett Early Childhood Fund, involves a partnership between the University of Nebraska-Lincoln (UNL) and the Educares of Nebraska, part of a national network of highquality child care centers for low-income children from birth to age 5. Th e goal of the Math Early On project is to off er professional development opportunities that build on the past successful professional development efforts of UNL’s NebraskaMATH and its Primarily Math initiative. The Primarily Math curriculum for primary teachers was adapted and redesigned to create new experiences for the purpose of enriching preschool teachers’ mathematical knowledge for …

Spring 2016, John M. Pfau Library

Peacock – John M. Pfau Library Newsletter

The LBHP & the Smithsonian page 1

A Unified Library Management System page 1

From Gift to Shelf page 2

We LOVE Bookmarks! page 3

24/7 Study Area page 3

Librarian of the Year page 5

Goodbye, Jonathan Smith! page 5

LexisNexis to be Replaced page 5

My Father, The Christmas Doctor, And The Danish Nurse Who Saved His Life, Tom Weber

The Bridge

My father, Dr. John Peter Weber, was born to German immigrants in Creston, Iowa in 1888. At the age of eleven he realized he wanted to become a doctor. After finishing the eighth grade in 1904, sixteen-year-old John rode the rails to Montana to help lay railroad tracks, intending to save his wages in order to continue his education. Treated brutally by his foreman, he left the railroad construction job and traveled to Portland, Oregon, searching for work in the lumber industry. The young man from Iowa fell victim to a pickpocket on the streets of Portland. All his savings …

Authorship And The Boundaries Of Copyright: Ideas, Expressions, And Functions In Yoga, Choreography, And Other Works, Christopher Buccafusco

Faculty Scholarship

This essay uses the Ninth Circuit’s opinion in Bikram’s Yoga College of India v. Evolation Yoga as an opportunity to analyze the nature of copyrightable authorship and the mechanisms that the law uses to screen out uncopyrightable content from otherwise copyrightable works. I argue that although the court likely reached the right result in Bikram, it did so in a confused and poorly supported manner. The court misunderstood the nature of the idea/expression distinction, the role of section 102(b), and the appropriate mechanism for screening out functional features of works. These aspects of the court’s opinion are widespread in copyright …

Assessment Of Online Information Literacy Learning Objects For First Year Community College English Composition, Mara Bordignon, Alana Otis, Adele Georgievski, Jennifer Peters, Gail Strachan, Joy Muller, Rana Tamin

All Works

© 2016 Bordignon, Otis, Georgievski, Peters, Strachan, Muller, and Tamin. Objective - The main objective was to determine whether information literacy (IL) learning objects (LOs) impact student IL competency, specifically in a foundational first year English composition course. The primary research question was: What is the effectiveness of IL LOs compared to face-to-face instruction in terms of students' skill acquisition? Methods - The methods involved testing student IL competency through a multiple-choice test given pre- and post-IL intervention. Effectiveness was measured by assessing whether IL competency improves after exposure to one of two interventions: online IL LOs or face-to-face librarian-led …

Physiological Niche And Geographical Range In European Diving Beetles (Coleoptera: Dytiscidae)., Rebekah Cioffi, A. John Moody, Andrés Millán, Richard A. Billington, David T. Bilton

School of Biological and Marine Sciences

Geographical ranges vary greatly in size and position, even within recent clades, but the factors driving this remain poorly understood. In aquatic beetles, thermal niche has been shown to be related to both the relative range size and position of congeners but whether other physiological parameters play a role is unknown. Metabolic plasticity may be critical for species occupying more variable thermal environments and maintaining this plasticity may trade-off against other physiological processes such as immunocompetence. Here we combine data on thermal physiology with measures of metabolic plasticity and immunocompetence to explore these relationships in Deronectes (Dytiscidae). While variation in …

Impacts Of Recreational Aviation On Wildlife: The Physiological Stress Response In White-Tailed Deer (Odocoileus Virginianus) And Associated User Perceptions, Devin W. Landry

Graduate Student Theses, Dissertations, & Professional Papers

Recreational aviation on public lands may negatively impact wildlife. However, land-use decisions need to balance user need with wildlife impact. We know very little about 1) how back country airstrip use affects local wildlife, or 2) attitudes and perceptions of recreational pilots toward possible management actions. For my Master’s research, I investigated how aircraft activity influenced physiological measures of stress in white-tailed deer, while also modeling how psychometrics such as wildlife attitudes and place attachment predict the willingness of recreational pilots engage in impact-mitigating behaviors. I measured physiological stress through non-invasive sampling of stress hormones in fecal samples (fecal glucocorticoid …

On The Road To Better Health? Impacts Of New Market Access On Food Security, Nutrition, And Well-Being In Nepal, Himalaya, Michelle Ursula Grocke

Graduate Student Theses, Dissertations, & Professional Papers

The first road to be built into Humla, Nepal has connected this once-remote Himalayan region to a market in China. This dissertation research assesses the impacts of this road on villagers’ food security, diet and nutrition, and subjective well-being, and investigates the link between objective and subjective health outcomes. The primary aim of this study is to decipher whether villagers’ ‘proximity to road’ is the strongest predictor of the aforementioned health outcomes, or whether other sociocultural and economic variables play a more significant role. A mixedmethods approach and a case-control ethnographic research design were implemented in order to investigate this …

Predicting Climate-Induced Impacts On Seasonal Stream Temperatures In The Crown Of The Continent Ecosystem, Leslie Anne Jones

Graduate Student Theses, Dissertations, & Professional Papers

Changes in seasonal climate patterns are altering thermal distributions of freshwater ecosystems worldwide. The Crown of the Continent Ecosystem is one of the most biologically diverse ecosystems in North America, spanning northwestern Montana, USA, Alberta and British Columbia, Canada. The fluvial landscape consists of pristine freshwater habitats that provide strongholds for many aquatic species. My dissertation work provides the first broad scale analysis of seasonal climate effects on spatiotemporal patterns of stream temperature in the Crown of the Continent, and a multi-scalar analysis of potential impacts to bull trout (Salvelinius confluentus) populations, the most stenothermic cold-water fish in the northern …

Knife River Flint Distribution And Identification In Montana, Laura Evilsizer

Graduate Student Theses, Dissertations, & Professional Papers

An examination of the spatial, temporal, and functional distribution of Knife River flint in Montana, and a study in misidentification of Knife River flint in archaeological assemblages. Lithic sourcing has the potential to provide a plethora of information to archaeologists: resource procurement strategies, mobility patterns, trade networks, and the preferencing of particular lithic material types. However, without proper identification it is impossible to study the distribution of lithic materials from their source. Knife River flint, a brown chalcedony, is a particularly fascinating material, geologically occurring in a small area, but culturally distributed over a large area. I analyze the distribution …

Wingspan: Living With Birds, Lauren A. Smith

Graduate Student Theses, Dissertations, & Professional Papers

Wingspan: Living with Birds is a collection of creative nonfiction essays that intertwine the author’s personal experiences and reflections with her knowledge of the natural world and ornithology. The six essays explore themes of family, self-reflection, understanding a sense of place, rock climbing, and dealing with grief. These themes are combined with natural histories of different bird species and the author’s experiences working with birds, especially as a bird bander.

Regional Effects Of Streptozotocin-Induced Diabetes On Shortening And Calcium Transport In Epicardial And Endocardial Myocytes From Rat Left Ventricle, Manal M.A. Smaill, Muhammad A. Qureshi, Anatoliy Shmygol, Murat Oz, Jaipaul Singh, Vadym Sydorenko, Alya Arabi, Frank C. Howarth, Lina Al Kury

All Works

© 2016 The Authors. In the heart, the left ventricle pumps blood at higher pressure than the right ventricle. Within the left ventricle, the electromechanical properties of ventricular cardiac myocytes vary transmurally and this may be related to the gradients of stress and strain experienced in vivo across the ventricular wall. Diabetes is also associated with alterations in hemodynamic function. The aim of this study was to investigate shortening and Ca2+ transport in epicardial (EPI) and endocardial (ENDO) left ventricular myocytes in the streptozotocin (STZ)-induced diabetic rat. Shortening, intracellular Ca2+ and L-type Ca2+ current (ICa,L) were measured by video detection, …

Governance And Reporting In A Complex Global Environment, Claire Richards, Mary Ann Reynolds, Jesse Dillard

All Works

The purpose of this paper is to explore whether there are extant mechanisms that are utilized to meet the challenges of diverse corporate governance needs in modern global society. We adopt the nonlinear lens utilized in complex adaptive systems. The examination is advanced using three examples drawn from published academic research. The three examples selected allow consideration of differing levels of analysis, regions and entity types. Levels of analysis include societal, institutional and firm. Regions include Asia Pacific, United States and international. The governance types are governmental, charitable and corporate. Distinct world views are represented by considering the holistic worldview …

Evaluation Of Parameter Estimation And Field Application Of Transgenerational Genetic Mark-Recapture, Ryan W. Whitmore

Cal Poly Humboldt theses and projects

Use of a genetic-based analogue of the traditional mark-recapture method (transgenerational genetic mark-recapture, tGMR) is rapidly expanding as a means to estimate total escapement of Pacific salmon. The tGMR approach is similar to the simple Lincoln-Peterson mark-recapture method. In tGMR, adults returning to fresh water to spawn are collected in the first sampling occasion and their juvenile offspring that are migrating out to sea are collected during the second sampling occasion. Recaptures are determined by the number of parent-offspring pairs identified through genetic parentage analysis of the adult and juvenile collections. Two versions of tGMR are currently in use, referred …

Giving And Stealing Ideas In Memory: Source Errors In Recall Are Influenced By Both Early-Selection And Late-Correction Retrieval Processes, Timothy J. Hollins, Nicholas Lange, Christopher J. Berry, Ian Dennis

School of Psychology

No abstract provided.

I See What You Say: Prior Knowledge Of Other’S Goals Automatically Biases The Perception Of Their Actions, Matthew Hudson, Toby Nicholson, Rob Ellis, Patric Bach

School of Psychology

No abstract provided.

The Role Of Portland State University As A Community Partner In Addressing Homelessness, Jennifer Hoskins

University Honors Theses

This paper explores the role of Portland State University as a community partner in addressing the issue of homelessness. The research includes a literature review, findings from a 10-month participant observation study, and interviews with community and academic leaders. The findings from the study focus on community needs, which include having a citizenry educated on issues of poverty and homelessness; having vocal support for public policies that serve people who are homeless; insight from research; and having labor to get work done. The research findings also focus on university needs, which include classroom curriculum centered on poverty and homelessness; service …

Vignettes And Havensville Farm, Michael Mckee Green

University Honors Theses

This thesis includes a series of terse vignettes and a pastoral section. Both groups of poems share a connection to imagism and are invested in latency, given that the fraught images hint at violences just beyond the reader's sensual periphery.

Color Associations As Advertising Strategies: An Analysis Of Consumer Attitudes Toward The Healthfulness Of Energy Bar Packaging, Rachel Lotz

University Honors Theses

Color plays a strong role in shaping consumers’ attitude toward brands, expectations, and likeability in the field of advertising. Associations with colors are formed within consumers’ culture and are often universal in meaning. Through three studies, the role of color in relationship to perceived healthfulness on energy bar packaging is observed. The results show a strong correlation between a particular color associated with healthfulness due to preconceived color associations often highlighted in advertising strategies. However the results raised unexpected, yet insightful correlations with other colors, which participants identified as healthy. When participants were asked to pick the energy bar that …