Digital Commons Network^™

The Health Exception, Monica E. Eppinger

All Faculty Scholarship

The abortion doctrine laid out in Roe v. Wade permits a procedure necessary to preserve the life or the health of the pregnant woman, setting out what has come to be called the “life exception” and the “health exception.” This Article investigates the background and antecedents of the health exception, identifying three periods of formation and change up to the drafting of the Model Penal Code in 1959. It argues that theories of health lie at the heart of legal doctrine, shaping common-law treatment of abortion and persisting in nineteenth- and twentieth-century statutes. This account reveals origins of a health …

The Impact Of Imago Dei On Thinking About Portrait Photography, Neil Craigan

All Electronic Theses and Dissertations

The problem this project addressed was the relationship between the imago Dei and the work of photographers in the field of portrait photography. This created a strong vocational emphasis for the project in light of which the researcher explored the theological and biblical data on the imago Dei, examined the connection between being an image bearer and an image creator of the image bearer, discussed the nature of photography, developing a philosophy and broad understanding of the portrait and the value people attach to it. The field research was qualitative in its approach and professional photographers were interviewed regarding their …

Yuli's Story: Using Educational Policy To Achieve Cultural Genocide, Katrina Johnson Leon

University of the Pacific Theses and Dissertations

All children residing in the United States have the right to a quality education. At least that is our collective expectation. Through the lived experience of Yuli, a Native American woman from the Southwest, you will discover, due to her birth on a remote reservation, she was not given the same access to education you or I would expect. On Yuli’s reservation, the school system is managed by the Bureau of Indian Education (BIE). Rather than provide K-12 schooling, the BIE operates K-8 on her reservation and then Native youth who want to go to high school must move off-reservation. …

Compliance Calendar/Logbook For Bulk Gasoline Plants: Less That 19,999 Gallons/Day Throughput, Iowa Waste Reduction Center

Iowa Waste Reduction Center Book Gallery

EPA has requirements for Gasoline Distribution Bulk Terminals, Bulk Gasoline Plants and Pipeline Facilities under 40 CFR Part 63 Subpart BBBBBB (NESHAP 6B) to reduce air pollution. This calendar has been developed to assist Bulk Gasoline Plants in complying with NESHAP 6B. Additional Iowa specific NESHAP 6B rules are discussed later.

The Club Approach To Multilateral Trade Lawmaking, Nicolas Lamp

Vanderbilt Journal of Transnational Law

The World Trade Organization (WTO) stands at the center of an emerging structure of global economic governance. Its rules affect important aspects of everyone's lives--how much people pay for the products that they purchase, what types of employment are open to them, and which medicines they can access. And yet, while the WTO was conceived as a "negotiating machine" that would develop rules in sync with an increasingly dynamic global economy, negotiations on a new set of global trade rules have now been deadlocked for over a decade. This impasse is all the more surprising in light of the fact …

Response: "Quid," Not "Quantum": A Comment On "How The International Criminal Court Threatens Treaty Norms", Roger O'Keefe

Vanderbilt Journal of Transnational Law

Mike Newton's article performs a considerable service in reminding the reader of some incontrovertible tenets of the law of international organizations (loosely so called in the case of an organ like the ICC) and of the law of treaties. First, the ICC is competent to exercise only that power vested in it by the States Parties to its Statute. In turn, the States Parties are not competent to transfer to the Court a power that they do not possess. "Nemo plus iuris transferre potest quam ipse habet," as Cicero may or may not have put it. Secondly, a treaty may …

Riding A "Friendly Elephant"? How African Nations Can Make The Best Of Economic Partnership With China, Austin Campbell

Vanderbilt Journal of Transnational Law

Modern China is a major trading partner with and investor in Africa. This Note examines its relationships with Nigeria and South Africa to evaluate whether the benefits they receive from Chinese involvement, like infrastructure or access to consumer goods, are outweighed by costs such as worsened corruption. It next discusses legal measures these countries have taken to mitigate any costs of Chinese involvement. At least in Nigeria and South Africa, the concrete benefits of Chinese trade and investment appear to outweigh the uncertain costs. However, legal protections adopted to reduce these costs are likely still inadequate. Given significant barriers to …

Sharing And The City, Michele Finck, Sofia Ranchordas

Vanderbilt Journal of Transnational Law

The sharing of public infrastructure, the exchange of small services, and the traditional "cup of sugar borrowed from the neighbor" are practices intrinsic to most urban agglomerations. In the digital age, these sharing initiatives are facilitated by online platforms such as Feastly, Peerby, and HomeExchange. These platforms allow city residents to share the idle capacity of some of their assets (e.g., clothing, tools, or a spare bedroom) with other residents living in close proximity to them, or with tourists looking for accommodation. While these practices can be justified by efficiency and sustainability concerns, some of them appear to be in …

Up In The Cloud: Finding Common Ground In Providing For Law Enforcement Access To Data Held By Cloud Computing Service Providers, Matthew Mckenna

Vanderbilt Journal of Transnational Law

Cloud computing is an everyday part of the modern world; a technology that is increasingly transcending international borders. Disregarding international borders allows cloud computing to operate more efficiently and thus provides better service to users. Yet, the global nature of cloud computing raises a question--what happens if multiple countries apply facially similar laws to cloud computing providers differently? This scenario is common, especially in the context of law enforcement seeking access to cloud computing data. The United States and the United Kingdom have similar laws regarding the government's ability to acquire users' data. Importantly, neither law explicitly addresses the question …

Minimally Democratic Administrative Law, Jud Mathews

Faculty Scholarship

A persistent challenge for the American administrative state is reconciling the vast powers of unelected agencies with our commitment to government by the people. Many features of contemporary administrative law — from the right to participate in agency processes, to the reason-giving requirements on agencies, to the presidential review of rulemaking — have been justified, at least in part, as means to square the realities of agency power with our democratic commitments. At the root of any such effort there lies a theory of democracy, whether fully articulated or only implicit: some conception of what democracy is about, and what …

Zero Rating And The Holy Grail: Universal Standards For Net Neutrality, Arturo J. Carrillo

GW Law Faculty Publications & Other Works

This chapter challenges the prevailing consensus among most academics, activists and policymakers that uniform normative definitions and standards for net neutrality and zero-rating – the Holy Grail of policymaking - do not yet exist. But it turns out the Holy Grail does exist. Using examples drawn from ongoing experiences in Latin America, I demonstrate that the existing international human rights law framework is an appropriate and adequate source for uniform universal standards on net neutrality. Using case studies from Mexico, Colombia, and Chile, I show how the application of relevant human rights standards contributes to effectively implementing and protecting net …

Insurrection, Not Inclusion: Education And The Right To The City In Occupied Palestine, Derek R. Ford, Laura Jordan Jaffee

Education Studies Faculty publications

Critical educational theorists have recently begun to take up the notion of the ‘right to the city’ to understand and resist neoliberal attacks on education in the U.S. This process, however, has thus far not attended to the important debates taking place around what the right to the city actually is. In this paper we tease out the complexities that arise from these debates by turning to the colonization of Palestine and Palestinian resistance to colonization. We ultimately argue that the right to the city has to be conceived of in internationalist and anti-imperialist terms, lest movements for the city …

The Influence Of Guilt Cognitions On Taxpayers’ Voluntary Disclosures, Jonathan Farrar, Cass Hausserman, Paul Dunn

Business Faculty Publications and Presentations

Guilt is a powerful emotion that is known to influence ethical decision-making. Nevertheless, the role of guilt cognitions in influencing restorative behaviour following an unethical action is not well understood. Guilt cognitions are interrelated beliefs about an individual’s role in a negative event. We experimentally investigate the joint impact of three guilt cognitions – responsibility for a decision, justification for a decision, and foreseeability of consequences – on a taxpayer’s decision to make a tax amnesty disclosure. Tax amnesties encourage delinquent taxpayers to self-correct to avoid severe penalties that would result if their tax evasion were discovered. Our findings suggest …

Antecedents And Consequences Of Procedural Fairness Perceptions In Personnel Selection: A Three-Year Longitudinal Study, Udo Konradt, Yvonne Garbers, Martina Böge, Berrin Erdogan, Talya N. Bauer

Business Faculty Publications and Presentations

Drawing on Gilliland’s (1993) selection fairness framework, we examined antecedents and behavioral effects of applicant procedural fairness perceptions before, during, and after a personnel selection procedure using a six-wave longitudinal research design. Results showed that both perceived post-test fairness and pre-feedback fairness perceptions are related to job offer acceptance and job performance after 18 months, but not to job performance after 36 months. Pre-test and post-test procedural fairness perceptions were mainly related to formal characteristics and interpersonal treatment, whereas pre-feedback fairness perceptions were related to formal characteristics and explanations. The impact of fairness attributes of formal characteristics and interpersonal treatment …

Friends Of The Children: Strategies For Scaling Impact, Jacen Greene, Nicki Yechin Lee, Eric Nelsen

Business Faculty Publications and Presentations

Friends of the Children, a nonprofit organization in Portland, Oregon, was founded in 1993 by retired entrepreneur Duncan Campbell to serve youth at the highest risk of teen parenting, incarceration, or dropping out of school. Each youth client was matched with a paid mentor from first grade through the end of high school. The costs of this intervention were high, but the outcomes were extremely impressive in each of the three risk areas. The total benefits to society of Friends of the Children’s intervention was estimated at $7 for every $1 spent on the program.

In the United States alone, …

Shining A Light On Shadow Money, John Crawford, Stanley Onyeador

Vanderbilt Law Review

No abstract provided.

Is Erie Normal, Michael S. Greve

Vanderbilt Law Review

No abstract provided.

Delaware Chancery Disqualifies Lead Petitioners In Dell Appraisal Who Inadvertently Voted For Management Buyout, Robert S. Reder

Vanderbilt Law Review

No abstract provided.

Explaining Scotus Repeaters, Richard M. Re

Vanderbilt Law Review

No abstract provided.

Diagnosis And Treatment Of The Superiority Problem, Jay Tidmarsh, Stanley Onyeador

Vanderbilt Law Review

No abstract provided.

Comparing Methods For Assessing The English Grammatical Development Of Spanish-Speaking English Learners, Lisa A. Fitton Ph.D., Mary Claire Wofford, Kristina N. Bustamante, Natasha De Novi, Bibiana Nuñez, Carla L. Wood

Faculty Publications

Identifying valid and informative approaches for assessing young English learners (ELs) is essential for school-based speech-language pathologists (SLPs). The present paper focuses on two distinct approaches for assessing English grammatical development, a key component and indicator of language development for ELs. The approaches addressed are standardized normreferenced assessment and grammatical feature coding from story retell narratives. The authors review the utility of these approaches for evaluating the English grammatical development of Spanish-speaking ELs. A research example is provided to illustrate how a small sample (n = 18) of ELs performed on each of these English-based tasks. Findings reveal that children …

The Challenges Of Fitting Principled Modern Government – A Unified Public Law – To An Eighteenth Century Constitution, Peter L. Strauss

Faculty Scholarship

The papers presented at a fall 2016 conference at Cambridge University, The Unity of Public Law?, generally addressed issues of judicial review in the UK, Canada, Australia and New Zealand, often from a comparative perspective and the view that unifying impulses in “public law” arose from the common law. Accepting what Justice Harlan Fisk Stone once characterized as the ideal of “a unified system of judge-made and statute law woven into a seamless whole by [judges],” The Common Law in the United States, 50 Harvard L Rev 4 (1936), this paper considers a variety of issues that have complicated maintaining …

Tool Support For Reasoning In Display Calculi, Samuel Balco, Sabine Frittella, Giuseppe Greco, Alexander Kurz, Alessandra Palmigiano

Engineering Faculty Articles and Research

We present a tool for reasoning in and about propositional sequent calculi. One aim is to support reasoning in calculi that contain a hundred rules or more, so that even relatively small pen and paper derivations become tedious and error prone. As an example, we implement the display calculus D.EAK of dynamic epistemic logic. Second, we provide embeddings of the calculus in the theorem prover Isabelle for formalising proofs about D.EAK. As a case study we show that the solution of the muddy children puzzle is derivable for any number of muddy children. Third, there is a set of meta-tools, …

Community College Faculty Members’ Perceptions Of Creating Digital Content To Enhance Online Instructor Social Presence, Karen M. Arlien

Theses and Dissertations

Current technologies, specifically asynchronous video, allow instructors to enhance their online instructor social presence (OISP) by creating digital content in which they can simultaneously convey their unique persona verbally and nonverbally while supplementing course content. A strong OISP has been shown to contribute toward students’ successful course completion, which continues to be an issue at community colleges. Existing research on the use of digital content to enhance OISP, however, has primarily focused on students’ perceptions even though faculty members are responsible for establishing OISP. The purpose of this study was to ascertain community college faculty members’ perceptions of creating asynchronous …

A Study Of Single-Phase Flow Through Irregular Miniature Channel Cross-Sectional Geometry And Porous Media, Daniel Berg

Theses and Dissertations

The following thesis discusses the in-depth research pertaining to flow through square and rectangular miniature channels with abrupt expansions, contractions, and flow through porous media. Fifty five previously published sources pertaining to the research were closely examined. A closed flow testing loop was designed, constructed, and calibrated to provide the ability to test a wide variety of single and multi-phase Newtonian and non-Newtonian fluids in miniature channels. Over 250,000 data points were collected during the study. Single-phase water flow through 1.59 mm aluminum square channels with abrupt 4 to 1 area ratio expansion and contraction were tested for differential pressure …

Space Solar Power Satellite Systems, Modern Small Satellites, And Space Rectenna, Corey Marvin Bergsrud

Theses and Dissertations

Space solar power satellite (SSPS) systems is the concept of placing large satellite into geostationary Earth orbit (GEO) to harvest and convert massive amounts of solar energy into microwave energy, and to transmit the microwaves to a rectifying antenna (rectenna) array on Earth. The rectenna array captures and converts the microwave power into usable power that is injected into the terrestrial electric grid for use. This work approached the microwave power beam as an additional source of power (with solar) for lower orbiting satellites. Assuming the concept of retrodirectivity, a GEO-SSPS antenna array system tracks and delivers microwave power to …

Shelterbelt Density Dynamics And Their Driving Forces In Grand Forks County, North Dakota, 1962 To 2014, Morgen Walter Victor Burke

Theses and Dissertations

Grand Forks County, ND, has one of the highest concentrations of shelterbelts in the World (Knutson 2011). As these trees aged and reached their expected lifespans, the quality of the shelterbelts has decreased and many have been removed. The rate of tree removal is thought to be increasing, with few shelterbelts being replanted. This raises concerns over possible increases in soil erosion caused by wind, such as was experienced in the 1930s. Using remotely sensed imagery and GIS, historic and recent shelterbelt densities can be measured and changes over time can be recorded. Geographic object-based image analysis (GEOBIA) can be …

The Effects Of Habitat Management On Grassland Birds In The Northern Tallgrass Prairie, Jerry Sterling Cole

Theses and Dissertations

Grassland birds have been under threat since tallgrass prairie was first used for agricultural cultivation and grassland acreage continues to be converted for row-crop agriculture. The loss of suitable native habitat for grassland birds makes effective management of the little grassland that remains that much more important. While it is widely recognized that grassland birds use vegetation cues for habitat settlement during the breeding season, little study has been done on how vegetation structure influences grassland bird abundances in the northern tallgrass prairie, particularly vegetation structure as it is shaped by different forms of management. Therefore this study aims to …

The Effect Of Pulsed Flow On The Heat Transfer Coefficient Of A Vertical Tube Suspended In A Fast Fluidized Bed, Tyler Curran

Theses and Dissertations

An experimental study was conducted to determine the effects of pulsing the fluidizing air on the heat transfer of a small vertical cylindrical heater suspended along the axis of a 101.9 mm diameter fast bed. Spherical aluminum metal power with a density of 2700 kg/m3 and dp50 of 107 μm was used in this investigation. Experiments were first conducted without pulsing the air supply. Solids fractions were observed as high as .0154 with superficial velocities from 1.98 m/s to 4.04 m/s and recirculation rates up to 27.6 kg/m2 s. The maximum heat transfer observed was 74.1 W/m2 K at a …

The Effects Of Social Spending On Economic Growth And Standards Of Living Within U.S. States, Derek James Ebeling

Theses and Dissertations

Social spending is a large and controversial program within the United States. Though a number of studies examined its effects on Gross Domestic Product (“GDP”) between countries, very few specifically looked at its effectiveness solely within the United States. By doing so, international political policy deviations are controlled for. Further, most studies neglect the externalities of social spending on living standards. This paper fills these gaps by utilizing two US Census aid datasets – state & local spending and federal aid & transfer payments – for all 50 states to study the effects of social spending on Gross Domestic Product, …