Digital Commons Network^™

The Audacity Of Protecting Racist Speech Under The National Labor Relations Act, Michael Z. Green

Faculty Scholarship

This Article, written for a symposium hosted by the University of Chicago Legal Forum on the Disruptive Workplace, analyzes the most recent failures of the National Labor Relations Board (NLRB) to determine a thoughtful and balanced approach in addressing racist speech. Imagine two employees in the private sector workplace are discussing the possibility of selecting a union to represent their interests regarding wages and working conditions. During this conversation, a black employee notes the importance of using their collective voices to improve working conditions and compares the activity of selecting a union with the Black Lives Matter protests aimed at …

One Good Plaintiff Is Not Enough, Aaron-Andrew P. Bruhl

Faculty Publications

This Article concerns an aspect of Article III standing that has played a role in many of the highest-profile controversies of recent years, including litigation over the Affordable Care Act, immigration policy, and climate change. Although the federal courts constantly emphasize the importance of ensuring that only proper plaintiffs invoke the federal judicial power, the Supreme Court and other federal courts have developed a significant exception to the usual requirement of standing. This exception holds that a court entertaining a multiple-plaintiff case may dispense with inquiring into the standing of each plaintiff as long as the court finds that one …

Were The 1982 Merger Guidelines Old News?, Alan J. Meese, Sarah L. Stafford

Faculty Publications

This paper examines the impact of the 1982 Department of Justice Merger Guidelines on the stock market prices of publicly traded firms in the United States. We argue that those Guidelines were perceived by the market as a real change in enforcement policy that would result in substantial deregulation of mergers throughout the economy. We conduct an event study of S&P 500 firms to test this hypothesis and find evidence of a significant positive effect on the stock prices of firms in moderately concentrated industries subject to antitrust regulation, the firms for which the 1982 Guidelines articulate a substantially less …

Orwell's 1984 And A Fourth Amendment Cybersurveillance Nonintrusion Test, Margaret Hu

Faculty Publications

This Article describes a cybersurveillance nonintrusion test under the Fourth Amendment that is grounded in evolving customary law to replace the reasonable expectation of privacy test formulated in Katz v. United States. To illustrate how customary law norms are shaping modern Fourth Amendment jurisprudence, this Article examines the recurrence of judicial references to George Orwell’s novel, 1984, within the Fourth Amendment context when federal courts have assessed the constitutionality of modern surveillance methods. The Supreme Court has indicated that the Fourth Amendment privacy doctrine must now evolve to impose meaningful limitations on the intrusiveness of new surveillance technologies. …

Comments On Preliminary Draft 3 [Black Letter And Comments], Jane C. Ginsburg, June M. Besek

Faculty Scholarship

The absence of stated principles underlying the articulation of the black letter and comments – principles that the Reporters have said they will provide at the end of the process – continues to trouble the Draft. It remains unclear whether the Reporters are synthesizing positive law, or seeking to reform it. We are not contending that ALI should not push for law reform (even though Principles or some other form might provide a preferable and more transparent vehicle for aspirational endeavors), but we do think the objectives and methodology should be clear from the outset. We remain concerned that ALI’s …

Understanding The Impact Of Strain Induced Mechanical Damage On The Electrical Performance Of Metallic Thin Films, Colton Katsarelis

All Theses

The reliability of flexible electronic devices needs to be characterized to ensure that these devices can function after repeated stretching and bending. Many of these devices contain metallic films bonded to polymer substrates. This research is therefore focused on understanding the electrical performance and mechanical behavior of these incorporated metallic thin films. Some work has already been published in this area that has provided insight on both when mechanical failure occurs in the metallic film (cracking or delamination) and also identified when through-thickness cracks initiate and/or propagate. Other studies have monitored in situ resistance measurements to determine when electrical performance …

Hierarchical Off-Road Path Planning And Its Validation Using A Scaled Autonomous Car', Angshuman Goswami

All Theses

In the last few years. while a lot of research effort has been spent on autonomous vehicle navigation, primarily focused on on-road vehicles, off-road path planning still presents new challenges. Path planning for an autonomous ground vehicle over a large horizon in an unstructured environment when high-resolution a-priori information is available, is still very much an open problem due to the computations involved. Localization and control of an autonomous vehicle and how the control algorithms interact with the path planner is a complex task. The first part of this research details the development of a path decision support tool for …

In The Kitchen, Amber Eckersley

All Theses

This series of work explores the fragmented nature of memory, investigates the dynamism of my grandma's kitchen, and subverts nostalgia typically associated with the South. Each image in the series represents a particular memory, set of memories, or fragment of memories from my childhood of planting, growing, and picking food with my grandma as well as preserving it and cooking it with her. The ordering and decision making of what fragments go in which image is imprecise. The imprecision is a reflection of how memory operates - fragmented, mutable, and fleeting. The markings on the pots, remnants of food processes, …

Resistance Against Futility In The Name Of Convenience, Dalia Karina Delanuez

All Theses

While utilizing plastics, my primary motivation as an artist is to understand how this material can disassociate the body from its natural environment and its subsequent effects. In my work, I speak of three spaces that are not distinct but that overlap each other. I analyzed my interaction with plastics as an intermediate space. This space of transition and domestic use is explained through sculpture in several modalities. My first sculpture is a fragmented installation. My second is a video projection of my body within a sculptural surface and a filmed documentation. My third sculpture is participatory and includes a …

An Analysis Of The Twenty Percent Federal Rehabilitation Tax Credit Program's Administration In The States Of Tennessee And South Carolina From Fiscal Years 2005-2015, John William Evangelist

All Theses

The Twenty Percent Federal Rehabilitation Tax Credit is one of the most valuable incentive tools in the field of historic preservation. This thesis analyzes the application and review process of the Twenty Percent Federal Rehabilitation Tax Credit in the states of South Carolina and Tennessee. The thesis explored how the two states' State Historic Preservation Offices (SHPO) and the National Park Service enforce regulations and rehabilitation protocols during the tax credit process. The factors examined are efficacy of the tax credit system in the two states as measured by the rate of projects' successful matriculation through the process, efficiency of …

Culinary Nutrition Camp; Healthy Lifestyles Cooking Like A Chef (Hlclc) Program: Implementation And Evaluation, Shannon Lynn Monnier Evers

All Theses

Healthy Lifestyles Cooking Like a Chef (HLCLC) is a culinary nutrition curriculum based on social cognitive theory. The aim for the HLCLC program is to inspire kitchen confidence and to improve cooking skills and nutrition knowledge, thereby encouraging positive cooking and food choice behaviors. HLCLC aims to expose adolescents to a wide variety of healthy ingredients, teach cooking skills, apply nutrition information, and practice safe food handling. The program objectives are (1) Increase knowledge of healthy food choices through discussion and exposure, (2) Present healthy versions of familiar foods that are inexpensive, tasty, and easy and quick to prepare, (3) …

Eisenhower Internationalism And Nasser Nationalism: The Suez Crisis Defining International Policy In Post-Colonial Egypt, Dominic Supple

Senior Theses

The nationalization of the Suez Canal by the Egyptians in 1956 was an international controversy. As history, the topic has been just as controversial among scholars; however events such as: the planning of the Aswan Dam, the Protocol of Sèvres, the Bandung Conference, and the Baghdad Pact have helped crystalize the perspective and significance of the Suez Crisis. The United States dealings in Egypt during the Suez Crisis, and subsequent relations with Abdel Nasser, cemented United States Cold War foreign policy, culminating in the passing of the Eisenhower Doctrine. While these events were the enactment of containment policy, they also …

Social Balance And The Bernoulli Equation, J. J. P. Veerman

Mathematics and Statistics Faculty Publications and Presentations

Since the 1940s there has been an interest in the question of why social networks often give rise to two antagonistic factions. Recently a dynamical model of how and why such a balance might occur was developed. This note provides an introduction to the notion of social balance and a new (and simplified) analysis of that model. This new analysis allows us to choose general initial conditions, as opposed to the symmetric ones previously considered. We show that for general initial conditions, four factions will evolve instead of two. We characterize the four factions, and give an idea of their …

Classification Of Minimal Separating Sets In Low Genus Surfaces, J. J. P. Veerman, William Maxwell, Victor Rielly, Austin K. Williams

Mathematics and Statistics Faculty Publications and Presentations

Consider a surface S and let M ⊂ S. If S \ M is not connected, then we say M separates S, and we refer to M as a separating set of S. If M separates S, and no proper subset of M separates S, then we say M is a minimal separating set of S. In this paper we use computational methods of combinatorial topology to classify the minimal separating sets of the orientable surfaces of genus g = 2 and g = 3. The classification for genus 0 and 1 was done …

Health Literacy, Social Support, And Self-Care Behaviors As Predictive Factors In The Use Of The Emergency Department For Chronic Care Management In Patients With Htn And/Or Diabetes Mellitus Ages 30-64, Lawanda W. Baskin

Dissertations

The use of the emergency department (ED) for chronic care management is a long-standing issue. There is a need to identify what best predicts this behavior. Identifying predictors can help determine the educational needs of patients, as well as, provide a foundation for the implementation of policy and procedures that would be useful in decreasing the economic burden of ED use in place of primary care providers. A decrease in non-urgent visits could assist with decreasing the patient load in currently overcrowded EDs. According to the Agency for Healthcare Research and Quality (2017), more than 650 million dollars were spent …

Short-Term Memory Capacity And Recall Of Students With And Without Intellectual Giftedness: An Empirical Inquiry, Angela Foil Ellison

Dissertations

The goal of this research is to examine the differences of short-term memory capacity between intellectually gifted, general education, and students receiving special education services. Using foundations in memory and recall research by Atkinson and Shiffrin and Baddeley and Hitch, data was collected by replication of a previous serial position effect research design. Participants were children in grades four through six located in the southern portion of the United States. An ANOVA analysis found a statistical significance between students receiving special education and general education and gifted students. A failure to reject of the null hypothesis supported that short-term memory …

A Case Study In The Application Of Model-Based Systems Engineering To Laboratory Research Science, Brad Crochet

Dissertations

This dissertation presents an exploration of the application of Model-Based Systems Engineering (MBSE) tools and methods to the design and execution of sophisticated laboratory experiments. An experiment to measure the first excited state diffusion coefficient, recently attempted by the author, is used as an example. Several MBSE analysis methods are applied, retrospectively, to the process by which the experiment in question was planned and executed. The potential for increased efficiency in managing the diverse types of information associated with such laboratory experiments is demonstrated, as well as possible further avenues for future research.

Cetacean Exhalation: An Examination Of Bottlenose Dolphin (Tursiops Truncatus) Use Of Three Bubble Production Types Through Associated Behaviors, Kelsey Moreno

Dissertations

Bubble production through exhalation is unique to marine mammals due to the combination of their air-breathing physiology and aquatic environment. Multiple types of bubble production are reported in the literature, including bubble netting, trails, bursts, and rings. Unfortunately, apart from bubbles produced to facilitate hunting or play, current understanding of the function of bubble production in cetaceans is limited to anecdotal accounts and author interpretations. This study aims to identify the function of three bubble types though observations of behaviors present before, during, and after bubble production. Instances of bubble trails, bubble bursts, and scant bubbles were selected from underwater …

Social Media As An Employee Selection Device: Examining The Relationships Between Social Media Attributes, Cognitive Ability, And Conscientiousness, Miandria Davis

McNair Scholars Research Journal

No abstract provided.

Amicus Brief On Rights To Information And Public Participation In Colombia, Brooke Guven, Sam Szoke-Burke, Pedro Villegas

Columbia Center on Sustainable Investment Staff Publications

CCSI submitted an amicus brief to the Constitutional Court of Colombia concerning the Tutela hearing of Mansarovar Energy Colombia Ltd. v. Tribunal Administrativo del Meta (The Consulta Popular of Cumaral, Meta). The hearing concerned a challenge by Mansarovar Energy Colombia Limited of a municipal-wide referendum (the Consulta Popular) concerning whether or not the extraction of hydrocarbons should be permitted in the municipality of Cumaral. The municipality voted 97% against allowing the extraction of hydrocarbons.

CCSI’s brief focused on the international human rights law dimensions of the case, given that Colombia’s Constitution renders the government’s international human rights law obligations …

Commentary: Research Recommendations For Understanding The Decline Of American Kestrels (Falco Sparverius) Across Much Of North America, Christopher J.W. Mcclure, Sarah E. Schulwitz, Richard Van Buskirk, Benjamin P. Pauli, Julie A. Heath

Biology Faculty Publications and Presentations

Across much of North America, populations of American Kestrels (Falco sparverius) have been in decline for decades (Farmer et al. 2008, Farmer and Smith 2009, Smallwood et al. 2009a, Paprocki et al. 2014, Sauer et al. 2014). Hypothesized causes of kestrel declines include predation by Cooper's Hawks (Accipiter cooperii; Farmer et al. 2008), pathogens (e.g., Nemeth et al. 2006), habitat loss (Sullivan and Wood 2005, Farmer et al. 2008, Bolgiano et al. 2015), pesticides (Smallwood et al. 2009a, Rattner et al. 2015), and climate change (Steenhof and Peterson 2009b), yet no hypothesized factor has been supported …

Preschoolers And Pandas Making Friends: A Journey About Healing From Brain Injury, Barbara Anne Doucette

Museum Studies Projects

Preschoolers that have obtained Non-Accidental Injury (NAI) from familial child abuse are in need of having a unique place for neurorehabilitation in correlation with traditional therapies. My thesis project suggests adding an exhibit annex to an existing giant panda exhibit that will give preschoolers an opportunity to help develop new neuropathways when exposed to mediation and creative activities. Meditation and creative activities are being examined by neuroscientists as an aid in neuroplasticity after brain injury. This thesis reviews the neurotypical preschooler’s milestones and the playful means by which they are achieved. Conjoining the contemporary museums’ and zoological gardens’ outreach to …

Lingnan University Annual Report : 2015-2016 = 嶺南大學年報 : 2015-2016, Lingnan University

Annual Reports

Lingnan University’s Annual Report 2015/16 summarises the University’s developments in teaching & learning, research, internationalisation and contributions to society in the past year.

嶺南大學2015/16年度年報，概述了大學過去一年在教與學、研究、及社會貢獻方面的發展。

Food Transitions: How Food Symbolizes Another Chapter, Josiah Peralta

Capstone Projects and Master's Theses

Through critical self-analysis of my life, I intend to answer the question, “How does food help us transition from one chapter of our life to another?” My purpose is to provide a personal viewpoint about related topics associated with food, like class, origin of food, religion or lack of, culture and tradition, obesity, food choice, and love. Through this viewpoint, I will demonstrate how food associations can encapsulate our past, memories, and identity in a way that moves us from the past to the present, and, hopefully, the future.

Capstone theme: Food, Ethics, and Politics

Ihss My Source, Daisy Meza

Capstone Projects and Master's Theses

IHSS My Source is a smartphone application intended for a field research project as well as an evaluation process with the purpose of tracking and connecting clients to community resources. As a result, it is difficult for Social Workers to follow up with all clients regarding unmet needs. Implementation method began with gathering client data. IHSS My Source, a smartphone application implemented by the Monterey County Department of Social Services, division of Aging and Adult Services, department of In Home Supportive Services to have all community resources listed in one organized and easy to access smartphone app. Expected outcomes are …

Ground Fault Detection For Delta-Delta Ungrounded Systems, Daniela V. Borjas

Electrical Engineering

This senior design project consists of a table top model that replicates an industrial three- phase electrical distribution system, capable of detecting ground faults and measuring load fluctuations in a delta-delta ungrounded transformer configuration. This project seeks to mimic an electrical distribution system operating at 12 kV on the primary and 480 V on the secondary. The model uses smaller nominal voltages consisting of 240 V on the primary and 24 V on the secondary. Current and voltage signals derived from the system connect to a Schweitzer 751-A protective relay which provides the load monitoring and ground fault detection scheme.

Flexible Custom Electric Skateboard, Caleb Adam Kelsay

Electrical Engineering

At Cal Poly traveling long distances only accessible by foot such as across campus or from the car park to class can be tiring and time-consuming. While not physically demanding, the trek consumes time in our tight college life schedule. To improve our time efficiency this project provides a relatively lightweight, powered solution to quickly and effectively travel long distances while maintaining full control and safety even on hills, a current limitation of traditional skateboards.

This electric skateboard includes the battery capacity to travel all around campus on a single charge with a compact and flexible skateboard design that provides …

No.6, December 2017: District Administrators' Perspectives On The Impact Of The Local Control Funding Formula On English Learners, Magaly Lavadenz Ph.D., Gisela Obrien Ph.D.

Education and Policy Briefs

Two years into implementation, this policy brief examines how California’s Local Control Funding Formula (LCFF) and its accompanying Local Control Accountability Plan (LCAP) meet the needs of English Learners (ELs). Researchers seek to understand district administrator perspectives on the impact of LCFF for ELs through interviews and focus groups with administrators that represent districts from Northern, Central, and Southern California. Findings reveal that although the LCAP serves as a mechanism to increase personnel and PD efforts to address EL needs, it is still largely viewed as a compliance document that requires alignment with other strategic documents and is sensitive to …

Explaining Strike Outcomes In Chile: Associational Power, Structural Power, And Spatial Strategies, Joel Stillerman

Peer Reviewed Articles

Research on strikes has traditionally focused on how economic, institutional, and political variables shape strike patterns. Recent work examines how workers' structural, associational, and symbolic power facilitate strikes. Building on this research, this article asks, what factors determine strike outcomes? It analyzes four strikes at MADECO, Chile's largest copper manufacturer, across democratic, authoritarian, and postauthoritarian regimes. Using qualitative and documentary evidence, it argues that strike outcomes reflect workers' capacity to halt or disrupt production and to access government allies who can pressure management to settle strikes in workers' favor. Outcomes vary based on the political composition of government, workers' capacity …

Program Evaluation Of A Bundled Educational Intervention To Enhance Implementation Of Professional Exchange Report, Luanne M. Shaw

Doctoral Projects

Communication handover is a source of potential error and risk to patient safety. Electronic-based tools may reduce errors and mitigate risks to patient safety. Electronic tools have been successfully implemented using multiple methods of education and training. Electronic tools vary in functionality and integration with the electronic health record (EHR). A large West Michigan Regional Health System (RHS) implemented a new EHR containing an embedded tool for communication handover called Professional Exchange Report (PER). There was inconsistency in the practice of bedside report by nurses. The RHS planned to use a bundled approach of educational interventions to implement the new …