Digital Commons Network^™

Two Steps Forward, One Step Back: Developments In The Law Affecting Electronic Payments And Financial Services, Sarah Jane Hughes, Stephen T. Middlebrook, Tom Kierner

Articles by Maurer Faculty

Our past surveys have observed that frequent changes in the rules surrounding electronic payments-spurred by both regulation and enforcement actions create uncertainty and make forward progress difficult for many providers. This survey year is no exception: regulators have taken "two steps forward, one step back" on a number of fronts. This survey reports on (1) the proposal by the Office of the Comptroller of the Currency ("OCC") regarding "fintech" charters, which states have challenged in actions still pending- (2) changes to Regulation CC regarding remote check deposit and disputes over altered or forged checks-(3) the Supreme Court's decision in Expression …

Innovation Diffusion In The Legal Industry, William D. Henderson

Articles by Maurer Faculty

This article is adapted from a series of blog posts originally found in my recently-started blog entitled Legal Evolution. The foundational material set forth in this article (and in those blog posts) applies to the legal services market insights gained from disciplines other than law. This article begins by setting forth the well-established theory of an "innovation diffusion curve" and the research that has identified the factors that affect the rate of adoption of innovations. This article identifies why innovation in the legal services market is desirable and applies to the legal services field insights drawn from this research in …

Reaching And Teaching Millennials: Designing The Future Of Student Services, Kimberly Mattioli, Brian Detweiler, Mike Martinez Jr.

Articles by Maurer Faculty

Today’s students have come to expect library services that are quite different from their predecessors and law librarians must evolve to meet their needs. As law libraries in the United States face the realities of declining enrolment and decreasing budgets, it is imperative that we find new and creative ways to build positive relationships with our students while also preparing them for the realities of practicing law in an environment driven by rapid technological change. Three law librarians from the United States, Brian Detweiler, Kimberly Mattioli, and Mike Martinez, Jr., discuss their successes and failures in reaching out to their …

Criminalizing Battered Mothers, Courtney Cross

Scholarly Works

How a domestic violence survivor responds to the abuse she is experiencing depends on many factors. Some critical considerations include her access to resources, desire to stay in her relationship, and assessment of her own safety. Criminal and civil court systems place enormous pressure on survivors to separate from their abusive partners. Not only are survivors with children pressured to leave, they are punished when they stay. That punishment can come in any combination of diminished custody rights, limited parental rights, and incarceration. Yet a survivor who flees with her children is not immune to these same consequences: if she …

Is There A Future For Work?, Wendi S. Lazar, Nantiya Ruan

Scholarly Works

No abstract provided.

A Decision Tree Analysis Of Nonindigenous Species Risk From Ballast Water To The Lower Columbia River And Oregon Coast, Usa, Danielle Verna, Richard R. Rueb, Crysta Gantz, John Gala, Jeremiah Green, John A. Zalusky, Rian Vanden Hooff

Environmental Science and Management Faculty Publications and Presentations

Hazard characterization and risk assessment are commonly used to prioritize vectors of nonindigenous species (NIS) for inspection or other prevention opportunities. Commercial shipping vessels are a target of such vector-based management since ballast water has been known to transport NIS between aquatic ecosystems globally. Here we used a risk-based screening protocol to prioritize vessels discharging ballast water to the lower Columbia River and Oregon coast. We began by adapting established methods of assessing risk factors that influence the initial stages of the invasion process (arrival and survival). We created relative risk scales for each factor using data collected from vessels …

Noise Induced Hearing Loss Accountability On Jobsites Within The Construction Industry, Joseph O. Lamphere

Construction Management

Noise induced hearing loss is a major issue on jobsites within the construction industry. Every day workers are exposed to hazardous levels of noise, but they are not being properly managed to mitigate this issue. Workers have misconceptions about the topic, but more surprisingly are sometimes indifferent to the effects; believing hearing loss is inevitable, or it can be cured with a hearing aide. Construction has inherent dangers that workers have to deal with every day. Hearing loss might not be on the top of their lists, but the effects are permanent, and they cannot be cured with a hearing …

The Application Of The Learning Sciences To The Design And Delivery Of Student-Centered Learning Activities, Michael Hamlin

Touro University Worldwide Publications and Research

The goal of this chapter is to provide a framework for creating student-centered learning activities that rest on a firm theoretical foundation and are based on a definition that highlights the actual learner abilities involved in successful student performance. To achieve this goal, it is important to establish a definition of student-centered learning that can be used to guide the selection of the important pedagogical elements that must be addressed in the design of student-centered learning activities. Having established these foundational elements, the chapter provides a framework for the design of case-based instruction that incorporates teaching and learning principles derived …

The Politics Of Twilights: Notes On The Semiotics Of Horizon Photography, Michael W. Raphael

Publications and Research

Visual sociology is crucial for exploring the indexical meanings that thick description cannot capture within a cultural setting. This paper explores how such meanings are created within a subset of the domain of photography. Using data gathered over several years, I constructed the semiotic code ‘horizon’ photographers use when ‘in the field’ for photographing periods of twilight. This code explains the relevance of subject matter to the photograph’s aesthetics. Specifically, I detail how ‘the horizon’ communicates the potential for the photographer to ‘capture’ the index of a symbol that later permits the photographer to culturally mark scenes with ‘light’. In …

Forgiveness: An Ordered Pluralism, Miranda Fricker

Publications and Research

No abstract provided.

Queer Solidarities: New Activisms Erupting At The Intersection Of Structural Precarity And Radical Misrecognition, Michelle Fine, María Elena Torre, David M. Frost, Allison L. Cabana

Publications and Research

This article investigates the relationship between exposure to structural injustice, experiences of social discrimination, psychological well being, physical health, and engagement in activist solidarities for a large, racially diverse and inclusive sample of 5,860 LGBTQ/Gender Expansive youth in the United States. Through a participatory action research design and a national survey created by an intergenerational research collective, the “What’s Your Issue?” survey data are used to explore the relationships between injustice, discrimination and activism; to develop an analysis of how race and gender affect young people’s vulnerabilities to State violence (in housing, schools and by the police), and their trajectories …

Going Public: How And Why To Develop A Digital Scholarly Identity, Katina Rogers, Lisa M. Rhody, Danica Savonick, Lisa Tagliaferri

Publications and Research

Establishing a meaningful digital identity is essential to managing one’s scholarly and professional reputation. This workshop addresses ways to cultivate an online identity and offers guidance on “going public” using tools and strategies for building a community around your work. Topics include social media, writing for different audiences, personal websites, digital dissertations, and more.

What Kinds Of Comparison Are Most Useful In The Study Of World Philosophies?, Nathan Sivin, Anna Akasoy, Warwick Anderson, Gérard Colas, Edmond Eh

Publications and Research

Cross-cultural comparisons face several methodological challenges. In an attempt at resolving some such challenges, Nathan Sivin has developed the framework of “cultural manifolds.” This framework includes all the pertinent dimensions of a complex phenomenon and the interactions that make all of these aspects into a single whole. In engaging with this framework, Anna Akasoy illustrates that the phenomena used in comparative approaches to cultural and intellectual history need to be subjected to a continuous change of perspectives. Writing about comparative history, Warwick Anderson directs attention to an articulation between synchronic and diachronic modes of inquiry. In addition, he asks: If …

The Doctoral Dissertation And Scholarly Communication: Adapting To Changing Publication Practices Among Graduate Students, Roxanne Shirazi

Publications and Research

As graduate students begin to publish earlier in their careers, the relationship between the doctoral dissertation and scholarly publishing is evolving. Many students now include their own previously published work in a dissertation, requiring instruction in publication contracts and copyright transfer agreements at the point of submission to the graduate school. There are repercussions to publishing as a graduate student for which our institutions are not well prepared, and to which librarian could apply our expertise. This article briefly reviews the history of dissertation publishing and introduces issues surrounding the use of previously published materials in doctoral dissertations.

Translingual Practices And Neoliberal Policies: Attitudes And Strategies Of African Skilled Migrants In Anglophone Workplaces, Sara Vogel

Publications and Research

At what point do scholarship and pedagogy in sociolinguistics and language education become complicit in neoliberalism? What can researchers learn from their multilingual informants about how to resist neoliberalism? Those are central questions readers ponder as they dive into Suresh Canagarajah's logically organized and well-argued volume, Translingual Practices and Neoliberal Policies: Attitudes and Strategies of African Skilled Migrants in Anglophone Workplaces. A book that uses empirical data to support theory construction, it is written for scholars who have followed recent debates in the sociolinguistics and language education fields.

An Expanded View Of Translanguaging: Leveraging The Dynamic Interactions Between A Young Multilingual Writer And Machine Translation Software, Sara Vogel, Laura Ascenzi-Moreno, Ofelia García

Publications and Research

Two central forces re-shaping education in the 21st century in the United States are the increasingly diverse and rich multilingual practices of students, as well as our growing use of digital technologies to communicate and make meaning (Deumert, 2014; García, Bartlett & Kleifgen, 2007; Jewitt, 2008; New London Group, 1996). Even if much scholarship has focused on the trends of multilingualism and multimodalities as separate entities, there are many intersections. Digital tools like machine translation software are being used in schools by multilingual students, and their often-monolingual teachers. Frameworks for multilingual teaching and learning involving intentional use of machine translation …

Proceedings Of The Cuny Games Conference 4.0: The Interactive Course, Robert O. Duncan, Joe Bisz, Julie Cassidy, Kathleen Offenholley, Maura A. Smale, Carolyn Stallard, Deborah Sturm, Anders A. Wallace, Cuny Games Network

Publications and Research

Proceedings of the CUNY Games Conference, held from January 22-23, 2018, at the CUNY Graduate Center and Borough of Manhattan Community College.

Critical Play with History (Panel) - Composition & Storytelling - Health & Cognitive Sciences - Gaming Anthropology: Teaching Culture and Power Through Games and Design (Panel) - Twine & Writing Games - Easy Ideas II - STEM Games - Global Games for Change Catalog (Panel) - Comics & Active Learning - Fact Checking & Research - Computer Science & Game Design - SimGlobal: Building a Serious Roleplay Course for the Social Sciences (Panel) - Role Playing Games, Narrative, …

Burnout Syndrome And Depression, Renzo Bianchi, Irvin Sam Schonfeld, Eric Laurent

Publications and Research

In this chapter, we proposed an overview of burnout, from the introduction of the construct in the mid-1970s to the growing realization that the syndrome was better conceived of as a depressive condition. Recent studies have shown that the distinction between burnout and depression is problematic, both theoretically and empirically. The history of burnout research suggests that transdisciplinary communication and methodological standards should be strengthened to avoid the proliferation of constructs that, in fact, refer to the same phenomena. Construct proliferation, a transgression of the scientific canon of parsimony, is considered a major problem today because it undermines theory building …

Perception Of American–English Vowels By Early And Late Spanish–English Bilinguals, Miriam Baigorri, Luca Campanelli, Erika S. Levy

Publications and Research

Increasing numbers of Hispanic immigrants are entering the US and learning American–English (AE) as a second–language (L2). Previous studies investigating the relationship between AE and Spanish vowels have revealed an advantage for early L2 learners for their accuracy of L2 vowel perception. Replicating and extending such previous research, this study examined the patterns with which early and late Spanish–English bilingual adults assimilated naturally-produced AE vowels to their native vowel-inventory and the accuracy with which they discriminated the vowels. Twelve early Spanish–English bilingual, 12 late Spanish–English bilingual, and 10 monolingual listeners performed perceptual-assimilation and categorical-discrimination tasks involving AE /i,ɪ,ɛ,ʌ,æ,ɑ,o/. Early bilinguals …

On The Profitability Of Uas-Based Ndvi Imagery For Variable Rate Nitrogen Prescriptions In Corn And Wheat In North Dakota, Christopher Joseph Duchsherer

Agribusiness and Applied Economics

This study examines the grower’s decision to invest in precision agriculture technologies especially in-season variable rate nitrogen applications based on NDVI data collected from UAVs. NDVI, yield, soil, and other field data were collected from multiple corn and wheat fields located throughout North Dakota. Each field was divided into management zones to determine profitability of utilizing the technology based on in-season nitrogen applications for the grower’s field practice, high, low, and no applications. Results show that using the NDVI data collected from UAVs can be profitable when the grower decides to make the decision to apply nitrogen in a sidedress …

The Role Of Trade Facilitation Indicators And Genetically Engineered Restrictive Index On U.S. State Exports And Efficiency, Kwame Asiam Addey

Agribusiness and Applied Economics

Trade Facilitation Indicators have become important mechanisms of monitoring the ease of trade. Another issue of rising concern is the pervasive debate on genetically engineered organisms and the development of Genetically Engineered Restrictive Index to evaluate its implications on trade. With regards to these, the objective of the United States Trade Representative is to eliminate implicit trade barriers. Hence, this study examines the impact of TFIs on U.S. agricultural export and its efficiency. From the results, a 1% increase in destination’s Genetically Engineered Restrictive Index leads to a US$ 9,426.82 and US$ 74,268.04 decline in corn and soybean exports while …

Shanghai Is A Fast Paced City: An Exploration Into The Rapid Growth Of Queer And Trans Communities In Shanghai, China, Frances S. Hanna

University Honors Theses

In this undergraduate honors thesis, I utilize supplementary research, the theories presented by Michel Foucault, Eve Sedgwick, Jürger Habermas, and Roland Barthes in addition to my own personal experiences and observations through an autoethnographic lens to answer the question, “How do gender and sexual minority groups, such as queer and trans people, develop, maintain, and grow community spaces in Shanghai, China?” This work seeks to shine a light on the often underrepresented and unstudied topic of queer and trans communities in China, and how they continue to flourish despite pre-existing structures that deter them. Evoking Foucault’s imagery of a different …

Biodiversity Gains? The Debate On Changes In Local- Vs Global-Scale Species Richness, Richard B. Primack, Abraham J. Miller-Rushing, Richard T. Corlett, Vincent Devictor, David Johns, Rafael Loyola, Bea Hass, Robin J. Pakeman, Liba Pejchar

Political Science Faculty Publications and Presentations

Editorial: Do changes in biodiversity at local scales reflect the declines seen at global scales? This debate dates back at least 15 years...

First Stewards: Ecological Outcomes Of Forest And Wildlife Stewardship By Indigenous Peoples Of Wisconsin, Usa, Donald M. Waller, Nicholas J. Reo

Dartmouth Scholarship

Indigenous peoples manage forestlands and wildlife differently than public and private forestland managers. To evaluate ecological outcomes from these differences, we compared the structure, composition, and diversity of Ojibwe and Menominee tribal forests to nearby nontribal forestlands in northern Wisconsin. These indigenous peoples seek to manage forests for mature conditions, accommodate wolves and other predators, and hunt deer to sustain traditional livelihood values. Their forests are often more mature with higher tree volume, higher rates of tree regeneration, more plant diversity, and fewer invasive species than nearby nontribal forestlands. In contrast, nontribal forestlands lost appreciable plant diversity in the 20th …

The Aero District, Hillsboro, Oregon, Lataunynia Campbell, Teresa Davis, Jesse Pollard, Kelsey Trostle, Brandon Willingham

Real Estate Development Workshop Projects

What follows is a proposal to redevelop the southern portion of the Hillsboro Airport located in Hillsboro, OR. The airport is owned by the Port of Portland. Currently, some of the property proposed for redevelopment is located “behind the fence”, in airport secure locations. The Port looks to open up and active land on the south end of the airport for commercial development.

The redevelopment plan must consider the needs of the Port of Portland, Washington County – neighbors and owners of the new Fairgrounds Master Plan development just south of the Hillsboro Airport, and the City of Hillsboro.

Transferring Sustainability Solutions Across Contexts Through City–University Partnerships, Lauren Withycombe Keeler, Fletcher Beaudoin, Amy M. Lerner, Beatrice John, Richard Beecroft, Kaidi Tamm, Arnim Wiek, Daniel J. Lang

Institute for Sustainable Solutions Publications and Presentations

The urgency of climate change and other sustainability challenges makes transferring and scaling solutions between cities a necessity. However, solutions are deeply contextual. To accelerate solution efforts, there is a need to understand how context shapes the development of solutions. Universities are well positioned to work with cities on transferring solutions from and to other cities. This paper analyses five case studies of city–university partnerships in three countries on transferring solutions. Our analysis suggests that understanding the interest, the action on sustainability, and the individual and collective sustainability competences on the part of the city administration and the university can …

13, The Tree Of Jesse, Bridget Eide

Kerver Book of Hours: 2018 Senior Capstone

The Tree of Jesse was a popular medieval theme used to represent the family tree of Christ. More specifically, it was used to represent Christ’s human ancestors, including Jesse, King David, and the Virgin Mary. This essay discusses the iconography and symbolism in this Book of Hours' image of the Tree of Jesse.

The Nonprofit Nerd (January 2018), The Nonprofit Institute At Portland State University

The Nonprofit Institute Newsletter

This month's topic is Opinion Research.

We recently sent out a survey about using data in nonprofit work. We received a lot of great feedback from many of you -- thank you! We are working hard to analyze the data from the survey to inform our decision making on our upcoming Nonprofit Data Lab project.

One of the many interesting things you had to tell us involved the challenge of learning about (and getting feedback from) people you aren’t currently reaching through your programs. So, we are devoting this month’s newsletter to a discussion of opinion research as one …

A Cooperating Teacher, A Supervisor, And A Critical Confidant: The Journey Moving Toward A New Model Of Support For Student Teachers, Christina C. Pfister, Sophia Paljevic

Northwest Journal of Teacher Education

Extensive research has found that student teaching is a challenging experience for pre-service teachers (PSTs). This paper proposes a new model for the student teaching experience where PSTs have a cooperating teacher, supervisor, and also a special mentor called a Critical Confidant. We collected survey data over the course of three consecutive semesters to determine PST’s perceptions. Results indicate that PSTs found having a Critical Confidant to be an overwhelmingly positive experience. PSTs felt safe because of the non-evaluative Critical Confidant role. They appreciated support from someone who had more experience but who was not yet an expert teacher. Implications …

Monitoring And Evaluating Malawi Youth Conservation Engagement After Community-Based Environmental Education Workshops, Stefanie Kramer

Environmental Science and Management Professional Master's Project Reports

This project addressed Peace Corps Malawi’s need to redevelop and implement environmental education workshops using a community-based approach, monitored project outcomes from these workshops, and provided an evaluation of strengths and areas for improvement of the environmental education workshop program.