Digital Commons Network^™

Rape Law Revisited, Aya Gruber

Publications

This essay introduces the Ohio State Journal of Criminal Law Symposium, “Rape Law Revisited” (Vol. 13(2)). The Symposium features articles by Deborah Tuerkheimer, Kimberly Ferzan, David Bryden and Erica Madore, Bennett Capers, and Erin Collins. The symposium provides fresh perspectives on the issues surrounding sexual assault law and policy in today’s environment. The introduction notes that the current rape reform redux is not just a rehashing of old arguments, but boasts many new features. Today’s rape activism occurs in a moment when feminist ideas about coerced sex no longer exist at the margins — they govern and enjoy cultural acceptance, …

From The Editor, Susan Nevelow Mart

Publications

No abstract provided.

Facilitating Competition By Remedial Regulation, Kristelia A. García

Publications

In music licensing, powerful music publishers have begun—for the first time ever— to withdraw their digital copyrights from the collectives that license those rights, in order to negotiate considerably higher rates in private deals. At the beginning of the year, two of these publishers commanded a private royalty rate nearly twice that of the going collective rate. This result could be seen as a coup for the free market: Constrained by consent decrees and conflicting interests, collectives are simply not able to establish and enforce a true market rate in the new, digital age. This could also be seen as …

Accidents Of Federalism: Ratemaking And Policy Innovation In Public Utility Law, William Boyd, Ann E. Carlson

Publications

Decarbonizing the electric power sector will be central to any serious effort to fight climate change. Many observers have suggested that the congressional failure to enact a uniform system of electricity regulation could stifle the transition to a low-carbon electricity grid. This Article contends that the critique is overstated. In fact, innovation is occurring across different aspects of the electricity system and across different types of states in ways one would not expect to see under a single, national approach. As the Article demonstrates, this innovation stems in part from Congress’s failure to enact a single, national approach to electricity …

Siri-Ously? Free Speech Rights And Artificial Intelligence, Toni M. Massaro, Helen Norton

Publications

Computers with communicative artificial intelligence (AI) are pushing First Amendment theory and doctrine in profound and novel ways. They are becoming increasingly self-directed and corporal in ways that may one day make it difficult to call the communication ours versus theirs. This, in turn, invites questions about whether the First Amendment ever will (or ever should) cover AI speech or speakers even absent a locatable and accountable human creator. In this Article, we explain why current free speech theory and doctrine pose surprisingly few barriers to this counterintuitive result; their elasticity suggests that speaker humanness no longer may be …

Criminal Labor Law, Benjamin Levin

Publications

This Article examines a recent rise in civil suits brought against unions under criminal statutes. By looking at the long history of criminal regulation of labor, the Article argues that these suits represent an attack on the theoretical underpinnings of post-New Deal U.S. labor law and an attempt to revive a nineteenth century conception of unions as extortionate criminal conspiracies. The Article further argues that this criminal turn is reflective of a broader contemporary preference for finding criminal solutions to social and economic problems. In a moment of political gridlock, parties seeking regulation increasingly do so via criminal statute. In …

Colorado Rule Of Evidence 502: Preserving Privilege And Work Product Protection In Discovery, Christopher B. Mueller, Ronald J. Hedges, Lino S. Lipinsky

Publications

No abstract provided.

Investment Accelerators, Brad Bernthal

Publications

This Article documents and explains the legal and extralegal dimensions of Investment Accelerator (IA) systems. Accelerators are a new class of institution that supports entrepreneurs and early stage startups. Investment Accelerators take an ownership stake in companies that participate in an intensive, time-limited program. Interviews reveal the surprising extent to which parties in many Investment Accelerators exchange economic value in the absence of formal agreement. Startups share proprietary information with highly accomplished mentors who, in turn, contribute their time and connections without direct compensation. This under-contracted and informal arrangement raises concerns about opportunism. Data from an original investigation presents a …

Meta-Mindfulness: A New Hope, Peter H. Huang

Publications

This Essay starts by tracing its humble origins to an earlier, related and unique law review article, namely, Tiger Cub Strikes Back: Memoirs of an Ex-Child Prodigy About Legal Education and Parenting. This Essay describes various professional responses to Tiger Cub Strikes Back, provides an update of some developments in research about parenting and legal education since Tiger Cub Strikes Back, and recounts a few personal stories about mindfulness and related to being an ex-child prodigy. This Essay then analyzes meta-mindfulness, defined as mindfulness about mindfulness. This Essay discusses how mindfulness about mindfulness can help facilitate the …

Love, Anger, And Lawyering, Deborah J. Cantrell

Publications

This essay explores how mindfulness practices helped one lawyer, now legal scholar, explore the roles of love and anger in lawyering.

Classification Standards For Health Information: Ethical And Practical Approaches, Craig Konnoth

Publications

Secondary health information research requires vast quantities of data in order to make clinical and health delivery breakthroughs. Restrictive policies that limit the use of such information threaten to stymie this research. While the Notice of Proposed Rulemaking (NPRM) for the new Common Rule permits patients to provide broad consent for the use of their information for research, that policy offers insufficient flexibility. This Article suggests a flexible consenting system that allows patients to consent to a range of privacy risks. The details of the system will be fleshed out in future work.

Global Homesickness In William Gibson’S Blue Ant Trilogy, Sean Scanlan

Publications and Research

This article explores theories of home, homesickness, and identity instability as they occur in William Gibson’s Blue Ant trilogy, which consists of three novels: Pattern Recognition (2003), Spook Country (2007), and Zero History (2010). In order to clarify this collision and underscore the importance of cultural and aesthetic codes of uneven globalization, this article offers a character study focused through the place-based intensities of global homesickness. Each character has a strained relationship with home: Cayce Pollard only feels at home while reading and writing in an online film forum; Hollis Henry wonders if she might be considered homeless, even though …

Quantitative Assessment Of Secondary Flows Of Single-Phase Fluid Through Pipe Bends, Z. Kaldy, O. Ayala

Engineering Technology Faculty Publications

Single-phase fluid flow was simulated passing through various three dimensional pipe elbows. The simulations varied by Reynolds number, curvature ratios, and sweep angles and were all conducted using the k-e model available in COMSOL Multiphysics 5.1. The intent of this research was to qualitatively assess the flow characteristics under several different conditions. Many similarities were seen especially when comparing curvature ratios, the vorticity location for the turbulent cases show near identical behavior at the elbow midsection. One of the variables quantified in this paper is the maximum secondary velocity module which shows increasing values until the midsection of the elbow.

The Relationship Between Sexology And The Lesbian Identity In Early 20th-Century Britain, Shaina Paige Maciejewski

Honors Theses and Capstones

No abstract provided.

Preparation Of Speech-Language Pathologists To Provide Effective Services For Children With Cochlear Implants In New Hampshire Public Schools, Carolyn A. Babeu

Honors Theses and Capstones

No abstract provided.

The Spanish-English Bilingual: A Cross-Classfication Comparison Of Maze Use In Children, Jessica Valles

Open Access Theses & Dissertations

With the continual increase of bilingual individuals in the United States, there is a critical need for research that can appropriately identify unique characteristics of language production for these individuals. In particular, maze use, or errors in production have been identified as a characteristic of language that typically occurs more in bilinguals' speech production than in monolingual productions. Research comparing bilingual maze use in individuals who are typically developing with bilingual maze use individuals who are language impaired is limited. To compare these bilingual children with language impairment with to their typically developing peers, children were paired by age, grade, …

Computational Modeling Of A 60kw Oxy-Methane Direct Power Extraction Combustor, Omar Daniel Vidana

Open Access Theses & Dissertations

ANSYS Fluent was used to optimize components of a direct power extraction combustor. This includes the fuel injector, nozzle, and cooling units. Changes in the injector's inlet location impacted pressure and velocity distribution. An angle of 115 degrees with respect to the x-axis was found to increase distribution efficiency. Temperature and velocity data from the combustor and nozzle were calculated using NASA CEA and Fluent. Magnitudes of temperature and velocity for CEA and Fluent matched within 9% and 4%, respectively. For the cooling system it is expected that cavitation will not occur since the saturation temperature of water is not …

Secondary Mathematics Teachers' Disposition Toward Challenge And Its Impact On Teaching Practice, Yirah Mariana Valverde

Open Access Theses & Dissertations

This two phase, sequential exploratory study focused on mathematics teachers' disposition toward challenge and its impact in their teaching practice and students' performance. This heavily qualitative study employed a mixed methodology to answer the following guiding research question: how do teachersâ?? disposition towards challenge affect teaching practice and what is the nature of that relationship?

During the initial phase (quantitative), two teachers who were enrolled in a graduate mathematics at a University in the southwestern U.S. were selected for the study (N=5). The goal of the class was to increase the participants' mathematical knowledge for teaching. The purposive selection was …

"It's (Not) Your Fault": The Influence Of Blame Mitigation Versus Guilt Induction On True And False Confessions, Skye Woestehoff

Open Access Theses & Dissertations

False confessions remain an important problem facing the criminal justice system. Practitioners assert that blame mitigation techniques can minimize suspects' perceptions of responsibility independently from legal consequences. However, blame mitigation techniques increase false confessions in part by minimizing suspects' expectations of punishment. Blame mitigation techniques are also designed to reduce suspects' feelings of guilt, which may inhibit confessions from guilty suspects given that true confessions are related to feelings of guilt and remorse. Thus, it may be more beneficial to induce guilt rather than mitigate blame in the interrogation room. This Dissertation (1) tested practitioners' assumption that blame mitigation can …

Use Of Dynamic Visualizations For Engineering Technology, Industrial Technology, And Science Education Students: Implications On Ability To Correctly Create A Sectional View Sketch, Petros J. Katsioloudis, Daniel Dickerson, Vukica Jovanovic, Mildred V. Jones

Engineering Technology Faculty Publications

Spatial abilities, specifically visualization, play a significant role in the achievement in a wide array of professions including, but not limited to, engineering, technical, mathematical, and scientific professions. However, there is little correlation between the advantages of spatial ability as measured through the creation of a sectional-view sketch between engineering technology, industrial technology, and science education students. A causal-comparative study was selected as a means to perform the comparative analysis of spatial visualization ability. This study was done to determine the existence of statistically significant difference between engineering technology, industrial technology, and science education students’ ability to correctly create a …

Period Batch Control - A Production Planning System Applied To Virtual Manufacturing Cells, Z. Tesic, B. Stevanaov, V. Jovanovic, M. Tomic, C. Kafol

Engineering Technology Faculty Publications

Period Batch Control (PBC) system has been known for its implementation with the classical group technology (GT) cells, and it has been known for its simplicity. The main production planning decisions concern the choice of the period length and the stage number and contents. Also, in order to better integrate the production planning with the application of GT cells at the shop floor, the concept of virtual manufacturing cells has been applied. Since virtual cells configurations are changing periodically, a model for implementing the PBC system into virtual manufacturing cells environment is developed. The model enables alignment of the PBC …

Research Needs: Career And Technical Education, Michael F. Kosloski Jr., John M. Ritz

Educational Leadership & Workforce Development Faculty Publications

Research is an important component of each professional field. This study sought to determine topics that needed further research in the school subjects known as career and technical education. It determined topics that needed to be researched related to high school career and technical education (CTE) and the preparation for teaching CTE in secondary schools. A fourround Delphi study methodology was selected to use to determine this set of research needs. Sixteen research needs with descriptions were identified and consensus was achieved on their importance to conducting future research studies. The research needs included 11 items related to high school …

The Conflict Resolution Case Study In Urban Life: Bull Run Watershed Case, Chang-Yu Hong

Geography Faculty Publications and Presentations

The City of Portland and the United States Department of Agriculture (USDA) Forest Service are working together, along with citizens, to formulate a comprehensive new policy to guide joint management of the Bull Run watershed at Mt. Hood National Forest. This process has brought about four decades of conflict, resulting from differences between the federal view of multiple use and the local view of exclusive use for producing high quality water. The new policy is being formulated by the City of Portland and the Forest Service through negotiation of a comprehensive Memorandum of Understanding that structures the parties’ roles, responsibilities, …

Identity, Wellness, And Academics: A Move Toward A Freshmen Seminar For All Students, Matthew Torgerson

Theses and Dissertations

Using the Dana (2014) inquiry model, research was conducted to discover what traditional first-year students need to be successful in their academic careers. The research consists extensively of literature review along with casual conversations with faculty, staff, and students at a small, rural college in the Midwest. Through this research, identity development, wellness, and academics were found to be the most prevalent needs for freshmen success. This paper discusses each of these areas in depth as well as gives discussion and recommendations on how identity, wellness, and academics can be implemented into a first-year seminar curriculum.

The Effect Of Different Written Task Instructions On Students’ Scores In A Physical And Virtual Environment, Ademola Amida

Theses and Dissertations

Electronic laboratory activities offer opportunities to help students learn about concepts and develop practical competencies in electronic circuit systems. Evidence in the literature suggests that the effectiveness of laboratory activities might be affected by the type of instructions provided (explicit or implicit), and the lab environment (physical or virtual) in which the activities were performed.

This study investigated the effect of different written task instructions (explicit versus implicit) and lab environment (physical versus virtual) on students’ scores in an electronic circuit task. This study was a quantitative experiment that used a repeated measure factorial design to determine how the written …

Examining Identity Of Novice Teacher Educators: A Self-Study, Laura Brudvik

Theses and Dissertations

Novice teacher educators can provide valuable insight into the question of professional identity and how it informs practice. Collaboration through interviews using self-study highlight how the experiences of their novice teacher educator years contribute to their identities. The self-study method provides an integrative approach, bridging research and practice, with the goal of ultimately improving practice. This self-study identifies specific qualities possessed by teacher educators who are former classroom teachers, and analyzes those qualities to determine possible benefits to teacher education. A corollary study is a self-study of my personal construction of professional identity as a novice teacher educator. The self-study …

The Impact Of Trauma On Children’S Functioning And The Utility Of The Cbcl Ptsd Profile, Nicola Ashton Herting

Theses and Dissertations

The high rates of trauma exposure among children and adolescents is a major public health concern due to the many ways trauma can adversely impact cognitive, emotional, and social development and functioning. The high rates of comorbidity between posttraumatic stress symptoms (PTSS) and other mental health disorders translate to complex diagnostic pictures. When conducting psychological, educational, or neuropsychological evaluations it is therefore imperative that clinicians assess for trauma to accurately diagnose, but ultimately to ensure appropriate recommendations for treatment and interventions are made. Several challenges to screening and assessing PTSS among children and adolescents have prompted the identification of efficient …

Remote Sensing Of Asteroid Surface Mineralogy, Martin William Hynes

Theses and Dissertations

A major research question in asteroid science centres on how fragments from main belt asteroids, which are located between the orbits of Mars and Jupiter, end up in Earth crossing orbits. Advances in infrared astronomy have made it possible to test the validity of solar system dynamical models using observational data. Specifically, near-infrared (NIR) reflectance spectroscopy can be employed to search the main asteroid belt for possible mineralogical analogues of Near Earth asteroids. Two asteroids, 3628 Božněmcová and 2002 JB9, were studied using the NASA Infrared Telescope Facility. 3628 Božněmcová had been suggested as a possible parent body for ordinary …

Tradeshow Exhibits As Places Of Learning: A Case Study Of An Exhibit House In The Midwest, Sachel Colin Josefson

Theses and Dissertations

The purpose of this case study was to understand tradeshow exhibits as places of learning. The existing literature suggests that tradeshows are events of learning, but the purpose of this research study was to fill a pronounced gap in the literature by better understanding tradeshow exhibits as places of learning through the perceptions and experiences of industry professionals at a Midwestern exhibit house. Tradeshows have traditionally been understood to be temporary marketplaces where organizations from a given industry convene to display their products and services to potential buyers. While tradeshow exhibits are still seen in this research study as temporary …

Trauma History And Its Differential Relationship To Obsessive-Compulsive Disorder And Body Dysmorphic Disorder Symptomatology, Linda Renee Keenan

Theses and Dissertations

Body Dysmorphic Disorder (BDD) and Obsessive-Compulsive Disorder (OCD) are often severe and disabling psychiatric conditions. Many similarities have been noted between the two disorders, and it has been suggested that BDD may best be understood as existing along the OCD spectrum. Limited empirical evidence exists to suggest that childhood trauma history may be associated with both OCD and BDD symptomatology, but few studies have compared the two disorders directly in this regard. In addition, some research has indicated that OCD symptom dimensions are differentially related to specific types of trauma exposure. The goal of this study was to examine trauma …