Digital Commons Network^™

A Purpose-And-Effect Test To Limit The Expansion Of The Government Speech Doctrine, Will Soper

University of Colorado Law Review

The First Amendment of the Constitution prohibits the government from passing any law that limits the freedom of private speech. However, in order to effectively govern, the state must communicate its policies and messages in ways that may not leave room for competing views. Since the early 1990s, the Supreme Court has articulated and developed the doctrine of government speech: when the government speaks, it is exempt from the First Amendment. The doctrine's use and expansion has its detractors. Many are worried that government speech should only be protected when it would be clear to a reasonable listener that the …

The Good, The Bad, And The Ugly Of Online Reviews: The Trouble With Trolls And A Role For Contract Law After The Consumer Review Fairness Act, Wayne Barnes

Faculty Scholarship

The advent of the Internet has brought innumerable innovations to our lives. Among the innovations is the meteoric rise in the volume of e-commerce conducted on the Internet. Correspondingly, consumer-posted information about merchants, goods, and services has also begun to be a rich source of information for consumers researching a purchase online. This information takes many forms, but a major category is the narrative review describing the purchase and experience. Such reviews are posted on websites such as Yelp, Amazon and TripAdvisor, on apps, and on social media such as Facebook and Twitter. The amount and volume of reviews has …

The Self-Delegation False Alarm: Analyzing Auer Deference’S Effect On Agency Rules, Daniel E. Walters

Faculty Scholarship

Auer deference holds that reviewing courts should defer to agen­cies when the latter interpret their own preexisting regulations. This doc­trine relieves pressure on agencies to undergo costly notice-and-com­ment rulemaking each time interpretation of existing regulations is neces­sary. But according to some leading scholars and jurists, the doc­trine actually encourages agencies to promulgate vague rules in the first instance, augmenting agency power and violating core separation of pow­ers norms in the process. The claim that Auer perversely encourages agencies to “self-delegate”—that is, to create vague rules that can later be informally interpreted by agencies with latitude due to judicial defer­ence—has helped …

Vertical Sleeve Gastrectomy Improves Ventilatory Drive Through A Leptin-Dependent Mechanism, Deanna M. Arble, Alan R. Schwartz, Vsevolod Y. Polotsky, Darleen A. Sandoval, Randy J. Seeley

Biological Sciences Faculty Research and Publications

Obesity hypoventilation syndrome (OHS) is a serious disorder characterized by daytime hypercapnia, disordered breathing, and a reduction in chemosensitivity. Vertical sleeve gastrectomy (VSG), a bariatric surgical procedure resulting in weight loss and weight-independent improvements in glucose metabolism, has been observed to substantially improve sleep-disordered breathing. However, it is unclear if the ventilatory effects of VSG are secondary to weight loss or the marked change in metabolic physiology. Using preclinical mouse models, we found that VSG leads to an improvement in the hypercapnic ventilatory response (HCVR) and reductions in circulating leptin levels independent of reductions in body mass, fat mass, and …

Developing Product Label Information To Support Evidence-Informed Use Of Vaccines In Pregnancy, Terra A. Manca, Janice E. Graham, Ève Dubé, Melissa Kervin, Eliana Castillo, Natasha S. Crowcroft, Deshayne B. Fell, Michael Hadskis, Jaelene M. Mannerfeldt, Devon Greyson, Noni E. Macdonald, Karina A. Top, On Behalf Of The Canadian Vaccine Product Monograph Working Group

Articles, Book Chapters, & Popular Press

Background: Product labelling information describing the use of vaccines in pregnancy continues to contain cautionary language even after clinical and epidemiological evidence of safety becomes available. This language raises safety concerns among healthcare providers who may hesitate to recommend vaccines during pregnancy.

Purpose: To develop clear evidence-based language about vaccine safety and effectiveness in pregnancy for inclusion in vaccine product labels.

Methods: We conducted a three-stage consensus-methods project with stakeholders, including: healthcare providers, vaccine regulators, industry representatives, and experts in public health, communication, law, ethics, and social sciences. Using qualitative and quantitative methods, we held a nominal group technique (NGT) …

Pharmaceutical Drugs Of Uncertain Value, Lifecycle Regulation At The Us Food And Drug Administration, And Institutional Incumbency, Matthew Herder

Articles, Book Chapters, & Popular Press

Policy Points

• The US Food and Drug Administration (FDA) has in recent years allowed onto the market several drugs with limited evidence of safety and effectiveness, provided that manufacturers agree to carry out additional studies while the drugs are in clinical use.
• Studies suggest that these postmarketing requirements (PMRs) frequently lack transparency, are subject to delays, and fail to answer the questions of greatest clinical importance. Yet, none of the literature speaks directly to the challenges that the FDA—as a regulatory institution—encounters in enforcing PMRs.
• Through a series of interviews with FDA leadership, this article analyzes and situates those challenges …

Proceedings Of Expert Forum On First Nations Social Assistance Reform, September 3, 2019, Naiomi Metallic, Fred Wien

Articles, Book Chapters, & Popular Press

Social assistance, whether directed to the mainstream population or to First Nations, is not – according to Forum participants -- a sexy topic. Specifically, with respect to First Nation persons living on reserve in Canada, it has been largely a neglected field except for those directly responsible for administering it. Despite its substantive importance, it has not received a lot of attention from the academic research community, for example, nor is it usually near the top of the list of priorities for political leaders and governments.

Why is this the case? Perhaps it has to do with the history of …

Fdr And Economic Rights In The American Tradition, Charles Harris

CMC Senior Theses

This thesis examines the idea of economic rights and their place in American political history. The American constitutional understanding of rights has historically not included positive economic rights and has focused on negative political liberties. Chapter One is a discussion of what economic rights are in a broad sense. Then in Chapter Two I focus on Roosevelt. In his 1944 State of the Union Address, he proposed a “Second Bill of Rights” for America that was a list of economic rights. I use that speech and some of FDR’s other writings to understand economic rights as they were seen at …

Global Consciousness: A Functionalist Neurophilosophical Perspective, Connor C. Bowen

CMC Senior Theses

The purpose of this thesis is to explore a thought-provoking consequence of the functionalist theory of mind. Given the current organizational structure of Earth and field theories of consciousness in neuroscience, Earth is probably conscious. The argument is explored through an examination of the current organizational structure of Earth and field theories of consciousness in neuroscience, which leads to the conclusion that Earth is conscious. Various theories of mind have been proposed by neuroscientists and philosophers alike in an attempt to qualify what consciousness is and what provides the basis for consciousness to occur. Support, in the form of data …

A Nuanced Look At Gender Interactions On Informal Employment And Income In Argentina And Uruguay, Teagan Knight

CMC Senior Theses

There are many existing studies characterizing the informal sector in Latin America, but the literature fails to fully examine the interactions between gender and disadvantaging factors on the probability of informal employment and its returns to wage. This analysis uses survey data from Argentina (2001) and Uruguay (2006) to examine the heterogeneous effects of number of children under 5, education, minority status, and migrant status on male and female informal employment and income. Being female interacts with number of children under 5 to create no effect on probability of informal employment, in contrast to a significant negative effect for men. …

Believing Fictions: A Philosophical Analysis Of Fictional Engagement, Jack Rhein Gleiberman

CMC Senior Theses

Works of fiction do things to us, and we do things because of works of fiction. When reading Hamlet, I mentally represent certain propositions about its characters and events, I want the story and its characters to go a certain way, and I emotionally respond to its goings-on. I might deem Hamlet a coward, I might wish that Hamlet stabbed Claudius when he had the chance, and I might feel sorrow at Ophelia’s senseless suicide. These fiction-directed mental states seem to resemble the propositional attitudes of belief, desire, and emotion, respectively — the everyday attitudes that represent and orient us …

Studying Geometric Optical Illusions Through The Lens Of A Convolutional Neural Network, Nick Laberge

CMC Senior Theses

Geometrical optical illusions such as the Muller Lyer illusion and the Ponzo illusion have been widely researched over the past 100+ years, yet researchers have not reached a consensus on why human perception is deceived by these illusions or which illusions are the results of the same effects. In this paper, I study these illusions through the lens of a convolutional neural network. First, I successfully train the network to correctly classify how a human would perceive a particular class of illusion (such as the Muller Lyer illusion), then I test the network’s ability to generalize to illusions that it …

Civilly Disobedient: Justifying Juror Misconduct, Grace K. Wilson

CMC Senior Theses

A fair, unbiased jury that follows the courts instructions is a crucial aspect of the American criminal justice system, mandated by both the California and United States Constitution. When jurors violate judicial instructions, it can jeopardize the impartiality of a case. Despite this, little research has been completed on what individual differences are indicative of greater willingness to commit jury misconduct. Misconduct can occur when jurors fail to follow judicial instructions in circumstances that a reasonable person may be tempted to disobey. This study explores potential individual differences that correlate with a greater likelihood of excusing and even committing juror …

Asserting Indigenous Identity To Substantiate Customary Forest Claims: A Case Study Of The Dayaks Of West Kalimantan, Indonesia, Charlotte Reinnoldt

CMC Senior Theses

This thesis examines Dayak identity constructions and how they have been and are currently being used to assert customary land rights in forested areas of West Kalimantan, Indonesia. The Indonesian state has required that customary land claims include proof that communities have maintained their indigenous institutions. Drawing from government and NGO reports, academic research, and Indonesian law, a few questions thus are explored: What aspects of identity must be maintained in order to be sufficient to claim customary land rights under Indonesian law? How has recent Dayak mobilization fed into a resurgence in Dayak identity and pride, and vice versa? …

The God Collection, Namaste Rosas

CMC Senior Theses

I’m all strung out on Klonopins in the drug store trying to pay for Advil but my card keeps getting rejected.

The 2016 Election Earthquake: Pacific County And The Future Of The Democratic Party In Rural Areas, Matthew Dayton

CMC Senior Theses

Pacific County was one of 206 counties nationwide to vote for President Trump in 2016 after voting for President Obama in 2008 and 2012. These counties were pivotal for Trump’s victory in 2016, and will continue to be crucial in the 2020 election and beyond. This paper uses an ethnographic method to understand why Pacific County flipped to vote for a Republican after voting for Democratic presidential candidates every cycle since 1952.

My findings suggest that the shift began with the long decline of the natural resource industry in the area. As industry diminished, unions became weaker, and they could …

Giardia Lamblia Growth In Viscoelastic Fluids, Kelly Watanabe

CMC Senior Theses

Giardia lamblia is a single-celled protozoan parasite that when ingested, causes diarrheal disease and infects 33% of people in developing countries. Previous studies observe Giardia in water-like fluids, but Giardia's infectious environment consists of viscoelastic mucus in the small intestine. Therefore, Giardia was cultured in viscoelastic fluids, and its population growth was observed in vitro. To create shear-thinning viscoelastic fluids, 0.2% and 0.4% long-chain polyacrylamide (LCPAM) was added to cell culture media. Giardia was cultured in control media, 0.2% LCPAM, and 0.4% LCPAM, and population growth was quantitatively determined over time. Increasing LCPAM concentration resulted in a solution with …

Responding Restoratively To Student Misconduct And Professional Regulation – The Case Of Dalhousie Dentistry, Jennifer Llewellyn

Articles, Book Chapters, & Popular Press

The 2015 restorative justice process at Dalhousie University’s Faculty of Dentistry is a case study that reveals the connection at conceptual and practical levels between restorative justice and responsive regulation as common expressions of relational theory and practice. Their relationship is clearest when, as in this case, issues are understood in their full contexts and circumstances require a widening of the circle of issues and parties. At this scale the complexity of the situation and the need for responsive interventions capable of supporting and sustaining a just relationship is revealed.

Impacts Of The Changing Ocean-Sea Ice System On The Key Forage Fish Arctic Cod (Boreogadus Saida) And Subsistence Fisheries In The Western Canadian Arctic—Evaluating Linked Climate, Ecosystem And Economic (Cee) Models, Nadja S. Steiner, William W. L. Cheung, Andres M. Cisneros-Montemayor, Helen Drost, Hakase Hayashida, Carie Hoover, Jen Lam, Tessa Sou, U. Rashid Sumaila, Paul Suprenand, Travis C. Tai, David Vanderzwaag

Articles, Book Chapters, & Popular Press

This study synthesizes results from observations, laboratory experiments and models to showcase how the integration of scientific methods and indigenous knowledge can improve our understanding of (a) past and projected changes in environmental conditions and marine species; (b) their effects on social and ecological systems in the respective communities; and (c) support management and planning tools for climate change adaptation and mitigation. The study links climate-ecosystem-economic (CEE) models and discusses uncertainties within those tools. The example focuses on the key forage species in the Inuvialuit Settlement Region (Western Canadian Arctic), i.e., Arctic cod (Boreogadus saida). Arctic cod can be …

Advancing Research For The Management Of Long-Lived Species: A Case Study On The Greenland Shark, Jena E. Edwards, Elizabeth Hiltz, Franziska Broell, Peter G. Bushnell, Steven E. Campana, Jørgen S. Christiansen, Brynn M. Devine, Jeffrey J. Gallant, Kevin J. Hedges, M. Aaron Macneil, Bailey C. Mcmeans, Julius Nielsen, Kim Præbel, Gregory B. Skomal, John F. Steffensen, Ryan P. Walter, Yuuki Y. Watanabe, David Vanderzwaag, Nigel E. Hussey

Articles, Book Chapters, & Popular Press

Long-lived species share life history traits such as slow growth, late maturity, and low fecundity, which lead to slow recovery rates and increase a population’s vulnerability to disturbance. The Greenland shark (Somniosus microcephalus) has recently been recognized as the world’s longest-lived vertebrate, but many questions regarding its biology, physiology, and ecology remain unanswered. Here we review how current and future research will fill knowledge gaps about the Greenland shark and provide an overall framework to guide research and management priorities for this species. Key advances include the potential for specialized aging techniques and demographic studies to shed light …

When Law Frees Us To Speak, Jonathon Penney, Danielle Citron

Articles, Book Chapters, & Popular Press

A central aim of online abuse is to silence victims. That effort is as regrettable as it is successful. In the face of cyber harassment and sexual privacy invasions, women and marginalized groups retreat from online engagement. These documented chilling effects, however, are not inevitable. Beyond its deterrent function, law has an equally important expressive role. In this article, we highlight law’s capacity to shape social norms and behavior through education. We focus on a neglected dimension of law’s expressive role—its capacity to empower victims to express their truths and engage with others. Our argument is theoretical and empirical. We …

Ending Piecemeal Recognition Of Indigenous Nationhood And Jurisdiction: Returning To Rcap’S Aboriginal Nation Recognition And Government Act, Naiomi Metallic

Articles, Book Chapters, & Popular Press

Most Indigenous groups in Canada are not self-governing. While the last two decades have seen an increase in laws and policies that provide some Indigenous groups greater control over their territories and citizens, overall these have been ineffective in achieving transformative change. What has transpired in Canada over the last twenty years can be characterized as ‘piecemeal recognition’—discrete recognition of Indigenous control here and there in a case, policy or statute—and implemented in a patchwork fashion. In 1996 the Royal Commission on Aboriginal Peoples report advanced a very reasonable proposal for national legislation recognizing the right of Indigenous peoples to …

Environmental Liability For Deep Seabed Mining In The Area: An Urgent Case For A Robust Strict Liability Regime, Keith Macmaster

Articles, Book Chapters, & Popular Press

This article will focus on liabilities for the Area and examine the question of liability for the various actors involved, including contractors/operators who carry out the exploitation of resources, sponsoring States, flag States, and the International Seabed Authority. It is necessary to analyze the current state of liability provisions, should environmental damage occur in the Area. The rapid pace of technological advancement and the unknown extent of environmental damage make a fulsome liability regime necessary. Unfortunately, as will be shown in this article, there are still extensive unknowns in the legal landscape. This article will investigate two areas of liability: …

A Developmental Study Of Apoptotic Markers And Histamine In Cephalopod Statocysts, Samantha Nicole Leef

Honors Theses and Capstones

Cephalopods can participate in complex navigation using landmarks that show context due to their statocysts. Statocysts are analogous to the vertebrate vestibular and auditory system encased in cartilage rather than bone making them more easily accessible. Age and anatomical dysfunctions are the reasons for many human vestibular malfunctions. Two of these sources are endolymph hydrops and aging. In the past, endolymph pressure changes were attributed to the ineffectual ion transport. Recent studies have illuminated the possibility of histamine receptors in the semicircular canal could be responsible for patients’ endolymph pressure changes rather than the previous belief that the pressure changes …

Gentrification And Countermovement: The Right To Counsel And New York City's Affordable Housing Crisis, John Whitlow

Fordham Urban Law Journal

No abstract provided.

Race Has Everything To Do With It: A Remedy For Frivolous Race-Based Police Calls, Yazmine C'Bona Levonna Nichols

Fordham Urban Law Journal

No abstract provided.

Tourism & Its Impacts On Rural Communities: White Sulphur Springs 2018, Carter Bermingham, Norma P. Nickerson, Megan Schultz

Institute for Tourism and Recreation Research Publications

This study was a collaborative effort between the Institute for Tourism and Recreation Research and the community of White Sulphur Springs, Montana to provide insight into the impacts tourism has on rural communities. Paper surveys on site were completed by 104 visitors. Results show that 55% of respondents were residents of Montana. Of those Montana residents, 96% were from outside of Meagher County. Visitors spent an average of 6.22 nights away from home and 3.60 of those nights were in the town of White Sulphur Springs. Most spending in White Sulphur Springs was on retail goods and services ($17,731). Respondents …

Catch And Kill: Does The First Amendment Protect Buying Speech To Bury It?, Leonard M. Niehoff

Articles

The news media usually chase stories in order to publish them—but sometimes not so much. In some instances, media entities vigorously pursue a story—and purchase the source’s right to tell it—for the specific purpose of ensuring that it does not see the light of day. This practice, commonly called “catch and kill,” has recently come under close scrutiny and raises a host of questions.

These include pragmatic questions: Does the practice work? Can the media entity (or a third-party beneficiary) really enforce the underlying contract? Doesn’t the source’s willingness to abide by the contract come down to a simple economic …

Embodied Healthcare Intuition: A Taxonomy Of Sensory Cues Used By Healthcare Providers, Lillian Campbell, Elizabeth L. Angeli

English Faculty Research and Publications

Although healthcare providers’ decision-making is informed by data and proto­cols for care, recent research suggests that individuals’ intuition—which integrates previous experiences with situational awareness and sensory knowledge—also plays a large role in directing action. Drawing on two different datasets from research on EMS providers and nurses in clinical nursing simulations, this article intro­duces a taxonomy for the various cues that trigger intuitive action and unpacks how intuition manifests at different stages of care. We argue that healthcare providers rhetorically navigate a wide range of both external and internal intuitive cues, and that external cues draw on sensory engagement with bodies, …

Improving Stem Recruitment Through A Theme-Based Summer Residential Camp Focused On Sea Level Rise, Vukica M. Jovanović, Balša Terzić, Mujde Erten-Unal, Victoria Hill, George Mcleod, Michelle Covi, David Burdige, Jenifer Alonzo, Justin Mason, Tysha Batts, Cynthia Tomovic

Engineering Technology Faculty Publications

In this paper, the authors present an enrichment program that focuses on Science, Technology, Engineering, and Math (STEM) concepts. The program is named Building Leaders to Advance Science and Technology (BLAST) and is held each summer at three universities across the Commonwealth of Virginia: Old Dominion University, the University of Virginia, and the Virginia Polytechnic Institute. BLAST is sponsored in partnership among these three universities and the Virginia Space Grant Consortium (VSGC), and is funded by the General Assembly of Commonwealth of Virginia. Its main purpose is to expose high school students to topics related to different STEM fields through …