Digital Commons Network^™

Gender Discrimination In Online Markets, Christopher Anthony Cotropia, Jonathan Masur, David L. Schwartz

Public Law and Legal Theory Working Papers

We study whether a seller’s gender impacts the bargained-for price in a product market, specifically baseball cards, as well whether any discrimination that might be present is taste-based or statistically-based. We accomplish this by isolating the seller’s gender using an online transaction on eBay where the buyer is exposed to the seller’s gender by only the seller’s hand and name. We test for differential treatment in two environments: a field experiment, in which we actually sell cards on eBay, and a laboratory experiment, in which we conduct surveys via Amazon Mechanical Turk (MTurk). We find that there is consistent differential …

Disagreement, Anti-Realism About Reasons, And Inference To The Best Explanation, Brian Leiter

Public Law and Legal Theory Working Papers

No abstract provided.

New Light On The Trial Of Billy Budd, Richard H. Mcadams, Jacob Corre

Public Law and Legal Theory Working Papers

Few American literary works have been the subject of as much academic commentary as has Billy Budd, Herman Melville’s unfinished final novel.¹ Possibly no American novel has garnered more attention from those interested in the roles that law plays in understanding literature. To summarize what some regard as a novel immune to summary: Billy Budd is a guileless and winsome impressed crewman on board an English man o’ war in 1797. England is at war, and recent mutinies fill the navy with anxiety. Budd is prone to bouts of severe stuttering. John Claggart, the ship’s master-at-arms, brings a malicious …

Legality In Contemporary Chinese Politics, Taisu Zhang, Tom Ginsburg

Public Law and Legal Theory Working Papers

The picture of Chinese law that many Western scholars and commentators portray is an increasingly bleak one: since the mid-2000s, China has been retreating from legal reform back into unchecked authoritarianism. This article argues that, much to the contrary, Chinese politics have in fact become substantially more law-oriented over the past five years. The Chinese Communist Party under Xi Jinping has indeed centralized power and control to an almost unprecedented extent, but it has done this in a highly legalistic way, empowering courts against other state and Party entities, insisting on legal professionalism, and bringing political powers that were formerly …

Regulatory Bundling, Jennifer Nou, Edward H. Stiglitz

Public Law and Legal Theory Working Papers

Regulatory bundling is the aggregation or disaggregation of legislative rules by administrative agencies. Agencies, in other words, can bundle what would otherwise be multiple rules into just one rulemaking. Conversely, they can split one rule into several. This observation parallels other recent work on how agencies can aggregate adjudications and enforcement actions but now focuses on legislative rules, the most consequential form of agency action. The topic is timely in light of a recent executive order directing agencies to repeal two regulations for every new one promulgated. Agencies now have a greater incentive to pack regulatory provisions together for every …

Gender Discrimination In Online Markets, Christopher Anthony Cotropia, Jonathan S. Masur, David L. Schwartz

Public Law and Legal Theory Working Papers

We study whether a seller’s gender impacts the bargained-for price in a product market, specifically baseball cards, as well whether any discrimination that might be present is tastebased or statistically-based. We accomplish this by isolating the seller’s gender using an online transaction on eBay where the buyer is exposed to the seller’s gender by only the seller’s hand and name. We test for differential treatment in two environments: a field experiment, in which we actually sell cards on eBay, and a laboratory experiment, in which we conduct surveys via Amazon Mechanical Turk (MTurk). We find that there is consistent differential …

The Supreme Court Of India: An Empirical Overview Of The Institution, Aparna Chandra, William H.J. Hubbard, Sital Kalantry

Public Law and Legal Theory Working Papers

The Indian Supreme Court has been called “the most powerful court in the world” for its wide jurisdiction, its expansive understanding of its own powers, and the billion plus people under its authority. Yet scholars and policy makers have a very uneven picture of the court’s functioning: deep knowledge about the more visible, “high-profile” cases but very little about more mundane, but far more numerous and potentially equally important, decisions. This chapter aims to address this imbalance with a rigorous, empirical account of the Court’s decisions from 2010 to 2015. We use the most extensive original dataset of Indian Supreme …

Racial Equity In Algorithmic Criminal Justice, Aziz Z. Huq

Public Law and Legal Theory Working Papers

Algorithmic tools for predicting violence and criminality are being used more and more in policing, bail, and sentencing. Scholarly attention to date has focused on their procedural due process implications. My aim here is to consider these instruments’ interaction with the enduring racial legacies of the criminal justice system There are two competing lenses for evaluating the racial effects of algorithmic criminal justice: constitutional doctrine and emerging technical standards of “algorithmic fairness.” I argue first that constitutional doctrine is poorly suited to the task. It will often fail to capture the full range of racial issues that potentially arise in …

Sexual Harassment And Corporate Law, Daniel Hemel, Dorothy S. Lund

Public Law and Legal Theory Working Papers

The year 2017 marked an inflection point in the evolution of social norms regarding sexual harassment. While victims of workplace harassment had long suffered in silence, the surfacing of serious sexual misconduct allegations against Hollywood producer Harvey Weinstein encouraged many more victims to tell their personal stories of abuse. These scandals have spread beyond Hollywood to the rest of corporate America, leading to the departures of several high-profile executives as well as sharp stock price declines at a number of firms. In the past year, shareholders at four publicly traded companies have filed lawsuits alleging that corporate directors and officers …

Limited Inalienability Rules, Ariel Porat, Stephen D. Sugarman

Public Law and Legal Theory Working Papers

Most people’s entitlements are protected by a property rule, which means that their holders can sell them for a price. But some important entitlements are protected by an inalienability rule, and hence cannot be sold under any circumstances. For example, people cannot sell their organs. In most jurisdictions, women cannot be surrogate mothers for a fee (only for reimbursement of costs). People cannot sell their right not to be exposed to highly life-threatening conditions. Most constitutional rights are not transferrable. People cannot reassign their legal entitlements to social benefits provided by the government. Tort victims in many jurisdictions cannot sell …

Innovation Policy Pluralism, Daniel J. Hemel, Lisa Larrimore Ouellette

Public Law and Legal Theory Working Papers

When lawyers and scholars speak of “intellectual property,” they are generally referring to a combination of two distinct elements: an innovation incentive that promises a marketbased reward to producers of knowledge goods, and an allocation mechanism that makes access to knowledge goods conditional upon payment of a proprietary price. Distinguishing these two elements clarifies ongoing debates about intellectual property and opens up new possibilities for innovation policy. Once intellectual property is disaggregated into its core components, each element can be combined synergistically with non-IP innovation incentives such as prizes, tax preferences, and direct spending on grants and government research, or …

The Measure Of A Metric: The Debate Over Quantifying Partisan Gerrymandering, Nicholas Stephanopoulos, Eric Mcghee

Public Law and Legal Theory Working Papers

Over the last few years, there has been an unprecedented outpouring of scholarship on partisan gerrymandering. Much of this work has sought either to introduce new measures of gerrymandering or to analyze a metric—the efficiency gap— that we previously developed. In this Essay, we reframe the debate by presenting a series of criteria that can be used to evaluate gerrymandering metrics: (1) consistency with the efficiency principle; (2) distinctness from other electoral values; (3) breadth of scope; and (4) correspondence with U.S. electoral history. We then apply these criteria to both the efficiency gap and other measures. The efficiency gap …

(Thr)-Flapping In American English: Articulatory Motivations And Social Factors, Joseph A. Stanley

Faculty Publications

Taps are allophones of /t/ and /d/ in American English

Between two vowels where the second is unstressed water, data, cheetah, scooter, odor, editor, forty, item, ladle, coding, etc. [ɾ] = voiced, alveolar tap.

Similar environment, but with a preceding nasal winter = winner, panting = panning [ɾ̃] = voiced, nasalized, alveolar tap.

Hypotheses:

1. For some speakers, [ɾ] is an allophone of /ɹ/ after /θ/, i.e. they have (thr)-flapping.
2. This variant is socially conditioned.
3. This variant has articulatory motivations.

Academic Program Review, Process And Procedures (Eighth Edition), Office Of Assessment And The Academic Program Review Office

UNM HLC 2018-19 Assurance Argument Evidence

This is the eighth edition of the APR manual, efficacious since August 2018. This comprehensively details the APR process of UNM, including documenting its Guiding Principles (p. 6), and the format for a program's "Plan of Action" (p.11).

Unm Interim Report To The Institutional Actions Council Of The, Office Of The President

UNM HLC 2018-19 Assurance Argument Evidence

This report, coming from the Office of the President and directly addressing the Higher Learning Commission, followed from the 2017 state audit of the UNM Department of Intercollegiate Athletics. The lengthy document gives a detailed overview of the case, the administrative actions immediately following the audit, and the projected actions of the university in the future.

Letter From The Editor, Scot Headley

International Christian Community of Teacher Educators Journal

I am very pleased and quite excited to introduce this issue of the ICCTE Journal to you this spring. The ICCTE-J is completing its twelfth year of publication and this issue marks the beginning of a new era for us. During the fall of 2017, the editorial team investigated the migration of our journal site from a self-managed WordPress site to a new site, hosted on the Digital Commons, powered by bepress (https://www.bepress.com/products/digital-commons/). With the endorsement of the ICCTE Board, we have migrated the journal to this new Digital Commons site. This platform offers several advantages. It brings more stability …

The Power, Structure, And Practice Of Gratitude In Education: A Demonstration Of Epistemology And Empirical Research Working Together, Jane Wilson, Rob Foster

International Christian Community of Teacher Educators Journal

A growing body of philosophical, psychological, and educational research shows that gratitude has positive effects on mood, relationships, and learning. This paper explores the power of gratitude, investigates how the ontological (inward), teleological (forward), and metaphysical (upward) structure of gratitude can enhance learning, and then highlights a research study revealing teachers’ perspectives on the impact of practicing gratitude in the classroom environment. Four themes emerged from the empirical study that support the gratitude structure: two themes relate to the impact on teachers (enhanced well-being and calm amidst stress), and two themes relate to the impact on students (enhanced classroom environment …

Inquiry, Identity, And Integrity In A Biblical Studies Methods Course, Philip Teeuwsen, Abigail Deelstra, Jonathan Van Santen, David Grills

International Christian Community of Teacher Educators Journal

In this study, a university professor, a high school teacher, and two teacher-candidates engage in an inquiry into the identity and integrity of the religious studies teacher. Using Charteris’s (2014) ‘epistemological shudders’ as a framework, the authors explore the experience of learning to teach Bible in Christian schools by paying attention to the ways in which their experience with the unfamiliar intersected with their taken-for-granted beliefs and perspectives. The authors believe such reflections on experience are essential in particular to teachers of the Bible in Christian schools, but also, more generally, for ongoing lifelong teacher growth. This paper offers insights …

Writing Center Tutor Training: An Examination Of Emphasis On Critical Pedagogy In Tutor Training Handbooks, Thomas B. King

Cal Poly Humboldt theses and projects

Writing center theory has not always emphasized critical pedagogy as part of writing center pedagogy. However, with scholars’ applications of critical lenses such as postmodernism and postcolonialism to critique writing center practice, critical pedagogy has found its way into writing center practices. Self-critical awareness is one key element of critical pedagogy, and through the dialogic application of critical pedagogy in writing center sessions, students can be made aware of the hegemonic nature of academic discourse and why institution and discipline-valued writing is expected over other kinds of writing. Because critical pedagogy has value in writing center contexts, both for the …

Religion, Language, Gender, And Culture: Challenges Experienced By Saudi International Students In Humboldt County, Dafer Sahab Alqarni

Cal Poly Humboldt theses and projects

The effects of culture shock on individuals living abroad are well known. Less well known, however, are the specific experiences, needs, and challenges of Saudi Arabian students studying internationally, especially in Western nations. In this study, I used qualitative research to explore the needs and difficulties of Saudi international students in Humboldt County and at Humboldt State University (HSU). Using semi-structured interviews with eight participants, diversified by gender and marital status, I provide a holistic view of HSU Saudi international students’ experiences and challenges which could help to understand Saudi students’ experiences abroad generally, and in Humboldt County specifically. I …

Fall Risk Behaviors And Intrinsic Risk Factors For Falls In Indigenous And Non-Indigenous Rural Older Adults, Andre Gallegos Bouweraerts

Cal Poly Humboldt theses and projects

The purpose of this study was to examine fall risk behaviors and intrinsic risk factors for falls in rural dwelling indigenous and non-indigenous older adults in California. Methods: Participants included 157 adults 60+ years of age (89 indigenous and 68 non- indigenous) and were recruited from advertisements in local newspapers, senior centers, and health clinics in Humboldt and Del Norte Counties. Fall risk behaviors and intrinsic risk factors for falls were identified through administration of a demographic, fall risk, and physical activity questionnaire as well as the chair stand, functional reach, timed up and go, four-meter walk, and modified clinical …

And Then They Boned: An Analysis Of Fanfiction And Its Influence On Sexual Development, Lindsay M. Mixer

Cal Poly Humboldt theses and projects

The purpose of this research is to demonstrate how young adults come to understand their sexuality (from sexual and gender identities to sexual likes and dislikes) through reading and writing fanfiction. Previous studies show that fanfiction promotes non-heterosexual orientations, but little research has been done on how it contributes to overall sexual development. In conducting an online survey of fanfiction readers, I explore how fans use these works to generate an understanding of themselves as sexual beings. Explicit stories make up a sizable portion of the fanfiction available, and there is a wide range of sexual acts depicted in those …

The Effects Of Prophylactic Ankle Bracing On Collegiate Women's Basketball Ankle Range Of Motion, Static Balance, And Dynamic Balance, Damian Ignacio Aguilar

Cal Poly Humboldt theses and projects

Ankle braces are often used by athletic trainers across the nation in hopes of preventing ankle related injuries. Since prophylactic ankle braces are widely used and accepted, it is critical to understand the effects prophylactic ankle braces are having on ankle functionality and postural control both in a braced and non-braced state. However, the effects of prophylactic ankle braces over the period of a season has limited research. Thirteen collegiate women’s basketball players, who are required to wear prophylactic ankle braces through a 20-week season, participated in this study. The purpose of this study was to determine the effect of …

Productivity And Cost Of A Cut-To-Length Commercial Thinning Operation In A Northern California Redwood Forest, Kigwang Baek

Cal Poly Humboldt theses and projects

Cut-to-length (CTL) harvesting systems have recently been introduced to the redwood forests of California’s north coast. These machines are being used to commercially thin dense redwood (Sequoia sempervirens) stands which tend to form clumps of stems that vigorously sprout from stumps after a harvest. One of the challenges is to avoid damaging residual trees which can decrease productivity, increase costs, and lower the market value of trees. The goal of this study was to evaluate the productivity and costs associated with CTL systems used in a redwood forests and use that data to develop equations for predictions. Time …

Apparent Survival Of Snowy Plovers Varies Seasonally, Nora C. Papian

Cal Poly Humboldt theses and projects

Survival is an important vital rate that contributes to population viability, but is infrequently monitored and studied, especially compared to productivity. Furthermore, factors that limit survival and the relative effect on survival are often unknown. I used mark-resight observations of a small (~350) population of threatened Snowy Plovers (Charadrius nivosus nivosus) to quantify seasonal and annual variation in survival and movement between three coastal locations across ~70 km in Humboldt County, California. The return of individuals to non-breeding flocks at three locations was high between years (75-81%). Movement between three locations varied greatly, although most (n = 137) …

Differences In Hair Significance Among Black And White Women: An Exploratory Study On Black Hair, Yasmine S. Keen

Cal Poly Humboldt theses and projects

In Western culture, standards of beauty are often based on European characteristics that Black women are inherently unable to meet. African American history and anecdotal accounts suggest that hair in particular can have a significant impact on the perception and body image of Black women, though whether that impact is positive or negative is not clear. The current study takes a quantitative approach to examining women’s relationship with their hair. Black women (n = 146) and White women (n = 1,116) participated in an anonymous online survey regarding time devoted to hair maintenance, money spent on hair upkeep, …

Seasonal Home Range Variation And Spatial Ecology Of Peregrine Falcons (Falco Peregrinus) In Coastal Humboldt County, Ca, Elizabeth-Noelle F. Morata

Cal Poly Humboldt theses and projects

Peregrine falcons (Falco peregrinus) are renowned for their migratory habits, with ‘peregrinus’ often translated as ‘wanderer’ or ‘pilgrim’. However, their migratory habits may differ by population and some peregrine may falcons forgo migration when climate and resources remain stable. To examine peregrine falcon home range and space use, I fitted GPS-satellite transmitters to nine breeding adults in coastal northern California, an area with a mild climate and abundant waterbird populations. I used kernel density estimates and time-local convex hulls to examine seasonal home ranges and within-home range habitat use. All nine peregrine falcons remained resident in …

Sex-Specific Habitat Selection Of Rough-Legged Hawks (Buteo Lagopus) Wintering In Western North America, Genevieve Christa Rozhon

Cal Poly Humboldt theses and projects

The rough-legged hawk (Buteo lagopus sanctijohannis) is one of the most under-studied raptor species in North America. As a species that exhibits reversed sexual dimorphism, sex-specific habitat preferences may exist. To investigate rough-legged hawk sex-specific habitat selection preferences, we equipped 17 rough-legged hawks (n = eight females, nine males) with GPS backpacks on their wintering grounds (n = six study areas) during the winter months of 2014 and 2015 in five states in western North America. I analyzed rough-legged hawk habitat selection in relation to sex at four spatial scales: nocturnal roosting site, 50% core range, 95% winter …

Evaluating Habitat Selection Models To Improve Site Selection In A Population Monitoring Program For Townsend's Big-Eared Bats (Corynorhinus Townsendii), Katrina J. Smith

Cal Poly Humboldt theses and projects

Winter roost (hibernacula) surveys offer a unique opportunity to monitor Townsend’s big-eared bats (Corynorhinus townsendii) while the population is generally closed, using a simple count method to census the population. Existing knowledge of C. townsendii hibernacula facilitates long-term population trend analysis but improving the accuracy of trend estimates requires identification of additional hibernacula to increase the proportion of the population monitored. Over 800 caves are known within Lava Beds National Monument; 322 of these have never been surveyed in the winter and could potentially hold a substantial portion of the C. townsendii population currently missing from the annual …

The Effect Of The Loss Of Lgl1 In Murine Neural Progenitor Cells On Mapk Signaling And Proliferation, Monique R. Lacourse

Cal Poly Humboldt theses and projects

Glioblastoma is an incurable, aggressive, and highly invasive type of brain tumor that harbors tumor initiating cells characterized by disrupted polarized cell divisions. A cell polarity gene lethal (2) giant larvae 1 (Lgl1) has been implicated in gliomas and is a tumor suppressor initially identified in Drosophila with roles in proliferation. The loss of Lgl1 in Drosophila activates the MAPK protein kinase JNK and the Ras pathway and therefore its downstream kinase ERK, a transcription factor modulator. Furthermore, when Lgl1 is knocked out in mice, a phenotype similar to glioma is seen. Loss of the human form of …