Digital Commons Network^™

Twin Text In The Secondary Social Studies And English Classroom, Sarah Booth Quong

Electronic Theses and Dissertations

This mixed-method study explores the implementation of Twin Text and its effectiveness in the U.S. History and English classrooms with regard to: mastery of the objectives laid out within the course curriculum, perpetuation of deeper learning, and fostering empathy and civic engagement through the use of Twin Text involving tenth and eleventh grade students and United States History and English teachers. The study answers the following questions: (1) What are the experiences of students in a Twin Text setting classroom environment? Three sub questions emerged: (A) In what ways does cross-curriculum teaching with an English Language Arts instructor affect student …

Democratic Policing Before The Due Process Revolution, Sarah A. Seo

Faculty Articles

According to prevailing interpretations of the Warren Court’s Due Process Revolution, the Supreme Court constitutionalized criminal procedure to constrain the discretion of individual officers. These narratives, however, fail to account for the Court’s decisions during that revolutionary period that enabled discretionary policing. Instead of beginning with the Warren Court, this Essay looks to the legal culture before the Due Process Revolution to provide a more coherent synthesis of the Court’s criminal procedure decisions. It reconstructs that culture by analyzing the prominent criminal law scholar Jerome Hall’s public lectures, Police and Law in a Democratic Society, which he delivered in 1952 …

Sex And The Schoolhouse, Melissa Murray

Faculty Articles

Book review of The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind, by Justin Driver (Pantheon, 2018).

Environmental Standards, Thresholds, And The Next Battleground Of Climate Change Regulations, Kimberly M. Castle, Richard L. Revesz

Faculty Articles

This Article addresses a central battleground of the debate about the future of greenhouse gas regulations: the valuation of particulate matter reductions that accompany reductions in carbon dioxide emissions. The benefits from particulate matter reductions are substantial for climate change rules, accounting for almost one half of the quantified benefits of the Obama Administration’s Clean Power Plan. These benefits are also significant for regulations of other air pollutants, making this issue one of far-reaching importance for the future of environmental protection. Opponents of environmental regulation, including the Trump Administration, have recently embraced an aggressive line of attack on particulate matter …

An Intersectional Critique Of Tiers Of Scrutiny: Beyond 'Either/Or' Approaches To Equal Protection, Devon W. Carbado, Kimberlé W. Crenshaw

Faculty Articles

For the past forty years, Justice Powell’s concurring opinion in University of California v. Bakke has been at the center of scholarly debates about affirmative action. Notwithstanding the enormous attention Justice Powell’s concurrence has received, scholars have paid little attention to a passage in that opinion that expressly takes up the issue of gender. Drawing on the theory of intersectionality, this Essay explains several ways in which its reasoning is flawed. The Essay also shows how interrogating Justice Powell’s “single axis” race and gender analysis raises broader questions about tiers of scrutiny for Black women. Through a hypothetical of a …

Categorical Mistakes: The Flawed Framework Of The Armed Career Criminal Act And Mandatory Minimum Sentencing, Rachel E. Barkow

Faculty Articles

The Court’s current approach to the ACCA, the categorical approach, makes the best of a bad situation in a manner that is consistent with the Constitution’s requirements. Interpreting the ACCA as narrowly as possible and robustly enforcing the rule of lenity should be the Court’s other touchstones in this area in light of the harsh consequences the ACCA imposes and the vast discretion it gives prosecutors. But ultimately there is only so much the Court can do. It is up to Congress to fix its mistakes and, until it does, we can expect to see more ACCA cases on the …

When Stop And Frisk Comes Home: Policing Public And Patrolled Housing, Alexis Karteron

Faculty Articles

In response to programmatic stop-and-frisk, police killings, and other recent controversies in American policing, many have called for “smart policing”—the evidence-based deployment of police resources. An often-heralded example of smart policing is hot spots policing, which involves directing police attention to locations where crime and disorder fester. It is difficult to argue with the logic of hot spots policing, and this Article does not do so. Instead, it critically examines how the Fourth Amendment operates when hot spots policing and similar targeted strategies are used in a common setting: public housing developments and their private counterparts. Largely because of mass …

Political Lawyering For The 21st Century, Deborah N. Archer

Faculty Articles

Legal education purports to prepare the next generation of lawyers capable of tackling the urgent and complex social justice challenges of our time. But law schools are failing in that public promise. Clinical education offers the best opportunity to overcome those failings by teaching the skills lawyers need to tackle systemic and interlocking legal and social problems. But too often even clinical education falls short: it adheres to conventional pedagogical methodologies that are overly narrow and, in the end, limit students’ abilities to manage today’s complex racial and social justice issues. This Article contends that clinical education needs to embrace …

Equitable Health Savings Accounts: Bridging The Left-Right Divide, Samuel Estreicher, Clinton G. Wallace

Faculty Articles

This Article offers the first comprehensive legal-policy critique of existing Health Savings Accounts (“HSAs”), arguing that the current approach is redistributively regressive, thus exacerbating inequality, and also fails to accomplish stated healthcare goals. We propose an alternative—Equitable Health Savings Accounts—which uses cash grants as a tool to address both of these problems. Equitable HSAs are a market-based social program that calibrates size and delivery of a government subsidy to help the least well-off and to facilitate participation in healthcare markets. Equitable HSAs can serve as a model for using cash grants to bridge the gap between Republican social policy proposals …

Sobre Las Variantes Textuales De Las Fuerzas Extrañas Y La Intertextualidad De “Un Fenómeno Inexplicable, Jose M. Martinez, Jonathan Godinez, Itzel Vargas

Literatures and Cultural Studies Faculty Publications

This essay comments on the relegated importance of the textual variations of several short stories from Las fuerzas extrañas, by Leopoldo Lugones. It also reproduces the original versions of those stories to collate them with the ones in the final version of the book. The conclusion is reached that those variations are of a quantitative and qualitative importance greater than what is ordinarily assumed, and that they illuminate both the preparation of the book and its ultimate meaning. Finally, we also suggest that “Un fenómeno inexplicable” may have had its origin in a picture of Thomas Henry Huxley, the reputed …

How Courts In Criminal Cases Respond To Childhood Trauma, Deborah W. Denno

Faculty Scholarship

Neurobiological and epidemiological research suggests that abuse and adverse events experienced as a child can increase an adult’s risk of brain dysfunction associated with disorders related to criminality and violence. Much of this research is predictive, based on psychological evaluations of children; few studies have focused on whether or how criminal proceedings against adult defendants consider indicators of childhood trauma. This Article analyzes a subset of criminal cases pulled from an 800-case database created as part of an original, large-scale, empirical research project known as the Neuroscience Study. The 266 relevant cases are assessed to determine the extent to which, …

Archaeological Investigations At The Old Manse, 2018-2019, Concord, Massachusetts, Christa M. Beranek, Megan Sheehan, Nicholas Zeitlin

Andrew Fiske Memorial Center for Archaeological Research Publications

In 2018-2019, the Fiske Center for Archaeological Research at UMass Boston excavated 38 shovel test pits and three excavation units at The Old Manse in Concord, Massachusetts, in advance of planned landscaping work, parking lot expansion, and the installation of a buried propane tank. The Old Manse (CON.347; CON.9037; CON.HA.20; 19-MD-89) is a late 18thcentury house at 269 Monument Street in Concord, Massachusetts, located on a 7-acre property abutting the Concord River and Minute Man National Historical Park. The property is owned by The Trustees of Reservations. The standing historic house dates to 1770 and is significant because of its …

Should Governments Tax The Rich And Subsidize The Poor? A Comparative Study Of Muslim And Christian Respondents, Robert W. Mcgee, Serkan Benk, Bahad?R Yüzba??

College of Business and Economics

This study used the most recent World Values Survey (WVS) dataset to determine whether Christian and Muslim views on the acceptability of taxing the rich and subsidizing the poor was an essential feature of democracy. The sample size included more than 23,000 individuals from more than 50 countries. More than a dozen socioeconomic and attitudinal variables were also examined to determine whether significant differences existed. The study found that differences in viewpoint were often significant.

Extended Adolescence: The Ecology And Endocrinology Of Facultative Paedomorphosis, Jason R. Bohenek

Electronic Theses and Dissertations

Phenotypic plasticity is an adaptation to unpredictable environments whereby an organism of a single genotype may express more than one phenotype under differing environmental conditions. Phenotypic plasticity can manifest as polyphenisms, which is an extreme form of phenotypic plasticity that produces two or more discrete, alternative phenotypes. The expression of alternative phenotypes is controlled by biotic and abiotic environmental factors, which variably affect the strength and direction of phenotypic outcomes. Using a model polyphenic salamander, I sought to understand the ecological and hormonal processes that regulate alternative phenotype expression. The mole salamander (Ambystoma talpoideum) and eastern newt ( …

Allodynia And Self-Efficacy In Migraineurs, Ashley N. Polk

Electronic Theses and Dissertations

Headache disorders are among the most comdisorders of the nervous system, with migraine alone affecting 14% of women and 6% of men worldwide each year. Headache-related self-efficacy, or one’s confidence in preventing and managing headache, is particularly important for prevention and management of headache disorders and predicts response to behavioral and pharmacological treatments. Allodynia, the perception of non-noxious stimuli as painful due to central sensitization, compounds headache-related disability and compromises efficacy of triptans. Therefore, migraineurs with allodynia may perceive headache treatments as less efficacious and thus have reduced perceived headache-related self-efficacy. However, no literature to date has explored the relationship …

Patient Empowerment In Modern Medicine: A Personal Account Of Endometriosis And Being An Equal Partner In My Healthcare, Jacqueline Schlick

Electronic Theses and Dissertations

This work outlines my personal experience with a diagnosis of stage three endometriosis and partial oophorectomy surgery along with the subsequent medical opinions I received by my primary OB/GYN and other doctors. This thesis seeks to discuss the issues surrounding patient empowerment, and specifically, laws that support patients in their exploration of the truths behind their conditions and the importance of self-education in order to be better equipped in conversations with their physicians. The work includes testimonials from women about their levels of knowledge into their own medical needs upon the time of their prescription to pharmaceutical medications, and how …

Summer Research Fellowship Project Descriptions 2019, Clark Science Center's Summer Research Fellows Program

SURF Abstracts (Women in Science)

A summary of research done by Smith College’s 2019 Summer Research Fellowship (SURF) Program participants. Ever since its 1967 start, SURF has been a cornerstone of Smith’s science education. Supervised by faculty mentor-advisors drawn from the Clark Science Center and connected to its eighteen science, mathematics, and engineering departments and programs and associated centers and units. At summer’s end, SURF participants were asked to summarize their research experiences for this publication.

Using Stories To Teach, Julianna Cajka

Honors Projects

By nature, human beings are drawn to stories. Even from a young age, a good story can capture our attention, engage our emotions, and build a sense of community. The contextualizing function of stories is an essential tool for making sense of information and events, and we tend to remember stories better than information communicated in other ways. These are all reasons why stories can and should have a place in classroom teaching. My project contains a portfolio of lesson plans written to be used in middle or high school language arts classrooms. These lesson plans (and other instructional materials) …

Letters From A Gifted Educator In Georgia, Heather Holley

College of Graduate Studies: Theses & Dissertations

This dissertation is a collection of letters from me as I explored the significance of the current standardized curriculum milieu on gifted learners’ educative opportunities in a public elementary school. The inquiry drew information of gifted learners’ characteristics and educative, affective, and social needs from the works of Gagné (Gagné, 1985, 2000, 2005), Renzulli and Renzulli & Reis (Reis & Renzulli, 1997, 2010; Renzulli, 1986, 2012; Renzulli & Reis, 1997). I also drew from Gallagher (2000, 2003, 2004, 205, 2015) and Sapon-Shevin (1996, 2003) for information on the political implications of gifted education. The study employed currere(Pinar & Grumet, …

Neo_Fluxus & Dragons, Zachary A. Kelley

College of Graduate Studies: Theses & Dissertations

What is a viewer? Who can be a viewer? What is the purpose of a viewer? Is viewing an artwork a process? How does a viewer interact with an artwork? What is an artist? Are the formal elements or conceptual natures more important in art making? Why is that art? These questions and more direct me in how and why I make my art.

I will be discussing the relationship between the viewer and the artwork in an artwork experience. I will define an artwork experience using an analysis of Michael Fried’s notion of theatricality, relating the viewer to the …

Annual Report 2018, Central Bank Of Russia

Documents

Annual report discussing capital injections into Otkritie and other banks

Crisis In Cyprus: 'No Negotiating Power, No Credibility', European Stability Mechanism

Documents

No abstract provided.

Motion In The Ocean – Paradigm Shift In Movement Ecology Requires “Sedentary” Organisms To Be Redefined, Emma V. Sheehan

School of Biological and Marine Sciences

No abstract provided.

Defining The Late Style Of Johannes Brahms: A Study Of The Late Songs, Natilan Casey-Ann Crutcher

Graduate Theses, Dissertations, and Problem Reports (ETD)

Johannes Brahms has long been viewed as a central figure in the Classical tradition during a period when the standards of this tradition were being altered and abandoned. His resistance to innovation creates some difficulty when trying to pinpoint his "late style", and how he fits into the late style concept. While existing scholarship on Brahms's late style tends to focus on his chamber works, this document focuses on his late Lieder. This document proves a study of Brahms's literary considerations, a comparison of his early and late songs, and a comparison between Brahms and some of his contemporaries. In …

Solitude, Leadership, And Lawyers, Amul R. Thapar, Samuel Rudman

Michigan Law Review

Review of Raymond M. Kethledge and Michael S. Erwin's Lead Yourself First: Inspiring Leadership Through Solitude.

A Modified Rcm Medium For The Growth Of Lactobacillus Bulgaricus, Ayowole Caleb Oyeniran

Theses

In this study, we modified reinforced clostridial medium (RCM) to selectively enumerate and isolate Lactobacillus bulgaricus, a probiotic and an important starter culture in the dairy industry. The disparity in the reported carbohydrate fermentation pattern of L. bulgaricus was used to develop a growth medium not only selective for L. bulgaricus but significantly inhibitory to the growth of other lactic acid bacteria. A recently modified RCM (mRCM) was optimized for this study by the addition of 0.5% fructose, 0.5% dextrose, 1% maltose and 0.25% sodium pyruvate while replacing lactose as a carbohydrate source. The cell recovery and bacterial counts of …

The Anti-Carolene Court, Nicholas Stephanopoulos

Public Law and Legal Theory Working Papers

No abstract provided.

Property Beyond Exclusion, Lee Anne Fennell

Public Law and Legal Theory Working Papers

Property rights have long been associated with a simple and distinctive technology: exclusion. But technologies can become outdated as conditions change, and exclusion is no exception. Recent decades have featured profound changes that have made exclusion a less useful, less necessary, and more expensive way of regulating access to resources. This Article surveys the prospects for a post-exclusion understanding of real and personal property. It proceeds from the premise that property is built upon complementarities, the nature and scale of which have undergone seismic shifts. Physical boundaries and lengthy claims on resources are designed to group complementary elements together in …

Privacy’S Political Economy And The State Of Machine Learning, Mariano-Florentino Cuéllar, Aziz Z. Huq

Public Law and Legal Theory Working Papers

Our aim in this essay is to consider how policymakers make decisions about government surveillance in what we might call the machine learning state –– a nation-state equipped with sufficient bureaucratic and technological capacity to rely extensively on machine learning techniques for surveillance, law enforcement, and national security. We focus particularly on the question of how the state’s political economy influences its decision to adopt privacy-relevant machine learning technologies. Since machine learning tools can also be deployed in many ways that are not pertinent to privacy, our focus therefore is on a specific subset of state uses of such technology …

Equality’S Understudies, Aziz Z. Huq

Public Law and Legal Theory Working Papers

Our Republic these days is riven by divides about what equality demands of us as private and public actors. Consider just a few recent examples:

• Harvard University is challenged in federal court for preferring African-Americans over other racial minorities, especially Asian-Americans, in their admissions pool^.1 Harvard’s flagship law review, meanwhile, faces its own suit over its preferment of minority candidates.²

• Virginia’s Governor Ralph Northam and its Attorney General Mark Herring are swept up into political controversy by news that both dressed in ‘blackface’ during their college or medical school days.³ The historical significance of ‘blackface’ …