Digital Commons Network^™

Research That Matters: Transforming Community Based Education Through Feminist Pedagogy And Public Scholarship, Amber J. Johnson

EWU Masters Thesis Collection

This is a qualitative analysis of focus groups conducted with "Community Partners" (mostly Directors of non-profit social service agencies who have previously partnered with Eastern Washington faculty in community-based education efforts) in the Greater Spokane Area. This research is designed to address shortcomings of current forms of community based education, identify strategies for strengthening the partnerships that exist between Eastern Washington University and the surrounding community, and to establish the need for community based research at the graduate level. By conducting focus groups, this study analyzed Community Partner perceptions of community based education and research before and after watching a …

Elk Summer-Autumn Habitat Selection In The Clearwater Basin Of North-Central Idaho, Calla R. Hetzner Hagle

EWU Masters Thesis Collection

"Since the 1960's, Rocky Mountain elk (Cervus elaphus nelsoni) populations have declined steadily in the Clearwater Basin in north-central Idaho. The Clearwater Basin Collaborative (CBC) was formed with the goal of restoring healthy elk populations to the Clearwater Basin. They initiated this study by collaring 53 cow elk from four distinct areas. I analyzed elk detection and GIS-based habitat data from June 15-September 15 2014 to address one of the CBC's objectives: identifying elk habitat use responses on summer-autumn range. Ground-truth surveys are necessary to verify satellite-derived data are analogous to actual vegetation components. I used a proportion analysis to …

The Relationship Between Invasive Annual Grasses And Biological Soil Crust Across Eastern Washington, Jarrett B. Cellini

EWU Masters Thesis Collection

Invasive annual grasses cause ecological and economic damage across the western US and are a focal point in restoration and management plans. Managing invasion resistance of natural areas is critical to maintaining their biodiversity and function. Climate change is expected to shift species interactions, including invasive annual grasses, and may alter invasion resistance. One component of invasion resistance is biological soil crust (biocrust), which has been shown to limit Bromus tectorum (cheatgrass) in arid regions. However, biocrust has been less studied in semiarid regions and its effects on other invasive annual grasses, such as Ventenata dubia, have never been studied. …

Increasing Multimedia Literacy In Composition For Multilingual Writers: A Case Study Of Art Analysis, Sony Nicole De Paula

EWU Masters Thesis Collection

"This multiple case study/critical ethnography/autoethnography was done in two composition classes for multilingual writers at EWU in order to explore ways to foster multimodal literacies in English Language Learners (ELL's). "Digital composing environments force writers, readers, and texts to change .... Today, more than ever before, attention is being given to the role of the arts, multi-modality, and new literacies as they relate to research and practice in English language arts classrooms and operate within 21st century literacies" (NCTE.org, 2016; Jocius, 2016). Following the call from the NCTE, the author urges us to consider postmodern views of reading and writing …

A Molecular Characterization Of The Fungal Endophytes Within The Needles Of Ponderosa Pine (Pinus Ponderosa), Amy E. Gray

EWU Masters Thesis Collection

"Fungal endophytes (microbial fungi that live in plant tissues without causing disease) are ubiquitous in plants studied to date. Many conifers host endophytes that produce important bioactive secondary metabolites. While the endophytes in Pinus ponderosa roots have been studied, the endophyte communities within the needles are not well characterized by molecular means: thus, the goal of this study was to do so. Needles were sampled at two sites located five kilometers apart along a slight precipitation gradient in Eastern Washington State. Fungal DNA (along with pine DNA) was isolated directly from needles of two ages. Internal transcribed spacer regions of …

Impacts Of The Invasive Brook Stickleback (Culaea Inconstans) On Wandering Garter Snake (Thamnophis Elegans Vagrans) Fitness, Feeding Behavior And Diet, Adam C. Gilles

EWU Masters Thesis Collection

There are multiple examples of Natricine snakes not only changing their diet to utilize an invasive fish, but deriving a fitness benefit from the new and often abundant prey item as well. To investigate a potentially similar scenario arising on the Turnbull National Wildlife Refuge (Spokane Co., Wash.), we analyzed the morphometrics, fitness, feeding behavior, and diet of wandering garter snakes from three study sites: invaded, historically invaded (recent but not present invasion) and uninvaded. We used mass and snout-vent length (SVL) measurements to infer fitness using a scaled mass index, recorded garter snakes feeding on brook stickleback in the …

Upper Extremity Strength And Power Field Tests As Predictors Of Pole Vault Performance In Female Collegiate Athletes, Carmen Schluter

EWU Masters Thesis Collection

"The purpose of this study was to determine if select upper-extremity strength and power field tests, and the test battery, predict pole vault performance in female pole vaulters. There is very little research on female pole vault athletes, specifically non-elite athletes. Field tests previously shown to be predictive of performance in males were examined to determine if they were also predictive for females. Four tests were used (8 lb backwards medicine ball (MB) throw, 3 m seated rope pull, three pull-ups for time, and maximum pull-ups) to determine if pole vault performance (season personal record for each athlete) could be …

Invertebrate Drift In The Upper Columbia River With Implications For Young-Of-The-Year White Sturgeon, Ryan W. Reihart

EWU Masters Thesis Collection

"White sturgeon (Acipenser transmontanus) in the upper Columbia River have been in decline for over 60 years and are listed as critically endangered by the International Union for Conservation of Nature. Annual spawning produces dispersing larvae; however, recruitment into the juvenile age class has not occurred since the early 1970s. One hypothesis to explain this failure in recruitment is that larvae may not find adequate prey. Little is known about diet and prey availability for white sturgeon larvae, especially in Lake Roosevelt, a reservoir of the Columbia River. The Spokane Tribe of Indians collected littoral and mid-channel benthic drift samples …

We Tell Ourselves Stories, Erin Sky Leigh

EWU Masters Thesis Collection

No abstract provided.

The External Dimension Of Eu Investment Law, Fernanda Nicola

Scholarly Articles in Law Reviews & Journals

EU trade and investment policy is in flux. The rate at which the global trade and investment architecture is evolving through the mega-regional Free Trade Agreements ("FTAs") is unprecedented. In this context, we explain how European lawyers and trade negotiators are addressing the newly acquired investment competence, while at the same time reforming investment arbitration and proposing new systems of dispute resolution at the international level. EU trade negotiators have put forward transformative proposals for investment chapters in their FTAs to safeguard, above all, the autonomy of the EU legal order in its relationship with international arbitration law. By mapping …

The Relationship Between Servant Leader Coach Behaviors And Achievement Goals In Collegiate Tennis Players: The Mediating Effect Of Motivational Climate, Leah Broker-Newell Parton

EWU Masters Thesis Collection

No abstract provided.

Intellectual Property In News? Why Not?, Sam Ricketson, Jane C. Ginsburg

Faculty Scholarship

This Chapter addresses arguments for and against property rights in news, from the outset of national law efforts to safeguard the efforts of newsgathers, through the various unsuccessful attempts during the early part of the last century to fashion some form of international protection within the Berne Convention on literary and artistic works and the Paris Convention on industrial property. The Chapter next turns to contemporary endeavors to protect newsgatherers against “news aggregation” by online platforms. It considers the extent to which the aggregated content might be copyrightable, and whether, even if the content is protected, various exceptions set out …

Group Threat, Police Officer Diversity And The Deadly Use Of Police Force, Joscha Legewie, Jeffrey Fagan

Faculty Scholarship

Officer-involved killings and racial bias in policing are controversial political issues. Prior research indicates that (perceived) group threat related to political mobilization, economic competition, and the threat of black crime are is an important explanations for variations in police killings across cities in the United States. We argue that a diverse police force that proportionally represents the population it serves mitigates group threat and thereby reduces the number of officer-involved killings. Count models support our argument. They show that group threat is largely driven by the threat of black crime. Black-on-white homicides increase officer-involved killings of African Americans but black-on-black …

Street Stops And Police Legitimacy In New York, Jeffrey Fagan, Tom Tyler, Tracey L. Meares

Faculty Scholarship

Police-initiated citizen encounters in American cities often are non-neutral events. Encounters range from routine traffic stops to police interdiction of pedestrians during their everyday movements through both residential and commercial areas to aggressive enforcement of social disorder offenses. As a crime detection and control strategy central to the “new policing,” these encounters often are unproductive and inefficient. They rarely result in arrest or seizure of contraband, and often provoke ill will between citizens and legal authorities that discourages citizen cooperation with police and compliance with law. In this chapter, we describe the range of potentially adverse reactions or harms that …

Climate Change And Human Trafficking After The Paris Climate Agreement, Michael Gerrard

Faculty Scholarship

Climate change is a major contributor to migration and displacement. Persistent drought forced as many as 1.5 million Syrian farmers to move to overcrowded cities, contributing to social turmoil and ultimately a civil war that drove hundreds of thousands of people to attempt to cross the Mediterranean into Europe. Drought also worsened refugee crises in the Sahel, the Horn of Africa and other parts of the continent. Climate change can cause displacement in multiple ways. No reliable estimates exist of the number of people who will be displaced partly or wholly by climate change, due to uncertainties concerning the rate …

The Most Moral Of Rights: The Right To Be Recognized As The Author Of One's Work, Jane C. Ginsburg

Faculty Scholarship

The U.S. Constitution authorizes Congress to secure for limited times the exclusive right of authors to their writings. Curiously, those rights, as enacted in our copyright laws, have not included a general right to be recognized as the author of one's writings. Yet, the interest in being identified with one's work is fundamental, whatever the conception of the philosophical or policy basis for copyright. The basic fairness of giving credit where it is due advances both the author-regarding and the public regarding aspects of copyright.

Most national copyright laws guarantee the right of attribution (or “paternity”); the leading international copyright …

Corporate Governance Changes As A Signal: Contextualizing The Performance Link, Merritt B. Fox, Ronald J. Gilson, Darius Palia

Faculty Scholarship

Promoting “good” corporate governance has become an important concern. One result has been the creation of indexes that purport to measure the quality of a firm’s corporate governance structure. Prior scholarship reports a positive relationship between firms with good corporate governance index ratings and stock-price-based measures of a firm’s ability to create share value, such as Tobin’s Q. Little work, however, explores why we observe this relationship.

We hypothesize one reason for the relationship is that a rating-altering change in corporate governance structure can be a signal concerning the quality of a firm’s management. Changes in governance structures that result …

Variation In Boilerplate: Rational Design Or Random Mutation?, Stephen J. Choi, G. Mitu Gulati, Robert E. Scott

Faculty Scholarship

Standard contract doctrine presumes that sophisticated parties choose their terminology carefully because they want courts or counterparts to understand what they intended. The implication of this “Rational Design” model of rational behavior is that courts should pay careful attention to the precise phrasing of contracts. Using a study of the sovereign bond market, we examine the Rational Design model as applied to standard-form contracting. In NML v. Argentina, federal courts in New York attached importance to the precise phrasing of the boilerplate contracts at issue. The industry promptly condemned the decision for a supposedly erroneous interpretation of a variant of …

"Courts Have Twisted Themselves Into Knots": Us Copyright Protection For Applied Art, Jane C. Ginsburg

Faculty Scholarship

In copyright law, the marriage of beauty and utility often proves fraught. Domestic and international law makers have struggled to determine whether, and to what extent, copyright should cover works that are both artistic and functional. The U.S. Copyright Act protects a work of applied art "only if, and only to the extent that, its design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article." While the policy goal to separate the aesthetic from the functional is clear, courts' application of the statutory "separability" …

Terry'S Original Sin, Jeffrey Fagan

Faculty Scholarship

In Mapp v. Ohio, the U.S. Supreme Court extended the due process protections of the exclusionary rule to include all "constitutionally unreasonable searches" that were done without a basis of probable cause. In the seven years after Mapp, when homicide rates in the U.S. nearly doubled, riots broke out in at least forty-seven U.S. cities. During the same era, a heroin epidemic gripped the nation's urban centers, giving rise to street drug markets and associated violence and pressures on law enforcement to curb those markets. As violence increased, a turn in the nation's political culture questioned Mapp's restraints on …

Politics And Agencies In The Administrative State: The U.S. Case, Peter L. Strauss

Faculty Scholarship

The pending American presidential election, culminating a period of extreme political partisanship in our national government generally, gives point to an essay on politics and agencies in the American regulatory state. In our two-party system, it has often been the case in recent times, including the last six years, that the President comes from one of our two major political parties and one or both houses of Congress are controlled by the other. All American agencies (including, in the American case, the so-called independent regulatory bodies) are associated with the President in the executive branch, yet dependent on the Senate …

Reflections On Seminole Rock: The Past, Present, And Future Of Deference To Agency Regulatory Interpretations, Gillian E. Metzger, Aaron Nielson, Sanne H. Knudsen, Amy J. Wildermuth, Aditya Bamzai, Richard J. Pierce, Cynthia Barmore, William Yeatman, Christopher J. Walker, Kevin M. Stack, Andy Grewal, Steve R. Johnson, F. Andrew Hessick, Jonathan H. Adler, Catherine M. Sharkey, David Feder, Cass R. Sunstein, Adrian Vermeule, Ronald M. Levin, Kevin O. Leske, James Cleith Phillips, Daniel Ortner, William Funk, Kristen E. Hickman, Jeffrey A. Pojanowski, Adam White, Conor Clarke

Faculty Scholarship

Seminole Rock (or Auer) deference has captured the attention of scholars, policymakers, and the judiciary. That is why Notice & Comment, the blog of the Yale Journal on Regulation and the American Bar Association’s Section of Administrative Law & Regulatory Practice, hosted an online symposium from September 12 to September 23, 2016 on the subject. This symposium contains over 20 contributions addressing different aspects of Seminole Rock deference.

Topics include:

• History of Seminole Rock
• Empirical Examinations of Seminole Rock
• Understanding Seminole Rock Within Agencies
• Understanding Seminole Rock as Applied to Tax, Environmental Law, and Criminal Sentencing
• Why Seminole Rock Matters …

Comments On The Morality Of Freedom, Joseph Raz

Faculty Scholarship

The paper mixes comments on the ambitions that motivated writing The Morality of Freedom with observations on comments on the book, made at a conference in Jerusalem in 2016, by Japa Pallikkathayil, Avishai Margalit, Michael Otsuka, Jon Quong, Daniel Viehoff, Asaf Sharon and Arudra Burra. It acknowledges some of the critical points made while resisting others. Its strives to combine clarification of some of the themes in the book with recognition that its ideas require further development, and can be developed in various directions.

Things Left Unsaid, Questions Not Asked, Peter L. Strauss

Faculty Scholarship

The University of Pennsylvania Law Review’s symposium on executive discretion, held in the fall of 2015 but just published this November, is an important undertaking, but it is remarkable for several silences – for things left unsaid on this important subject – and for questions not asked. First, although the Constitution’s “Take Care” Clause is extensively discussed, the one power Article II gives the President over domestic administration – to require the “Opinion, in writing” of the heads of the agencies Congress has invested with administrative duties – is not. Second, the discussion of the President’s undoubted but possibly …

The Global Struggle For Lgbtq Rights: Legal, Political, And Social Dimensions, Macarena Saez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Role Of Language Interpretation In Providing A Quality Mediation Process, Alexandra Carter, Shawn Watts

Faculty Scholarship

This paper focuses on the role of language in mediation and the challenges multiple language fluencies bring to the practice. Beginning with a discussion of the process and ethics of mediation as a form of alternative dispute resolution, as distinct from other forms of dispute resolution including arbitration, the paper shifts to consider the importance of language. Language, and more specifically interpretation, plays a central role in the integrity of the mediation process and the quality of its outcomes. Each stage of mediation requires the participants and the mediator understand one another to ensure effective communication and a quality process. …

G2i Knowledge Brief: A Knowledge Brief Of The Macarthur Foundation Research Network On Law And Neuroscience, David L. Faigman, Anthony Wagner, Richard J. Bonnie, Bj Casey, Andre Davis, Morris B. Hoffman, Owen D. Jones, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth S. Scott, Laurence Steinberg, Kim Taylor-Thompson, Gideon Yaffe

Faculty Scholarship

Courts are daily confronted with admissibility issues – such as in cases involving neuroscientific testimony – that sometimes involve both the existence of a general phenomenon (i.e., “G”) and the question of whether a particular case represents a specific instance of that general phenomenon (i.e., “i”).

Unfortunately, courts have yet to carefully consider the implications of “G2i” for their admissibility decisions. In some areas, courts limit an expert’s testimony to the general phenomenon. They insist that whether the case at hand is an instance of that phenomenon is exclusively a jury question, and thus not an appropriate subject of expert …

State-Enabled Crimes, Rebecca Hamilton

Scholarly Articles in Law Reviews & Journals

International crimes are committed by individuals, but many – from genocide in Rwanda to torture at Abu Ghraib – would not have occurred without the integral role played by the State. This dual contribution, of individual and State, is intrinsic to the commission of what I term “State-Enabled Crimes.” Viewing international adjudication through the rubric of State-Enabled Crimes highlights a feature of the international judicial architecture that is typically taken for granted: its bifurcated structure. Notwithstanding the deep interrelationship between individual and State in the commission of State-Enabled Crimes, the international legal system adjudicates the responsibility of each under two …

The Olmstead Imperative: The Right To Live In The Community And Beyond, Robert Dinerstein

Scholarly Articles in Law Reviews & Journals

Of the 20 Americans with Disabilities Act (ADA) cases that the United States Supreme Court has decided in the 25 years of the statute’s existence, Olmstead v. L.C. by Zimring is without doubt the most significant for people with intellectual and developmental disabilities. Olmstead is the only Supreme Court ADA case that specifically addresses the rights of people with intellectual and developmental disabilities, but its importance goes well beyond this specific fact. In this essay, I set out the holding of the Olmstead decision, its connection to, and extension of, prior case law, the extent of its subsequent enforcement, and …

Independence And Immigration, Amanda Frost

Scholarly Articles in Law Reviews & Journals

No abstract provided.