Digital Commons Network^™

State Standing’S Uncertain Stakes, Aziz Z. Huq

Public Law and Legal Theory Working Papers

Whether states have Article III standing is a question that has in recent years induced a puzzling and nonstandard patterning of votes amongst the Justices of the Supreme Court. It is, of course, not uncommon for that bench to be characterized by sharp ideological divides. What is unusual and symptomatic in the state standing litigation context is rather this: Specific Justices seem to adopt divergent, seemingly inconsistent, positions on the same basic question of constitutional law when it is presented in different litigation matters.¹ When it comes to state standing, the Court’s ideological divide is not merely acute but …

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 But technologies can become outdated as conditions change, and exclusion is no exception.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 …

Tangled Up In Tax, Daniel J. Hemel

Public Law and Legal Theory Working Papers

No abstract provided.

The Fayoum, The Seila Pyramid, Fag El-Gamous And Its Nearby Cities: A Background, Kerry Muhlestein, Cannon Fairbairn, Ronald Harris

Faculty Publications

Because the excavations discussed in this volume take place in the Fayoum, and cover a time period that spans from the Old Kingdom through the Byzantine era, many readers will find it helpful to understand the history, geography, and geology of the Fayoum. Here we provide a brief outline of those subjects. This is not intended to present new information or be a definitive discussion. Rather, it is aimed at contextualizing the rest of the material presented in this volume, and thus making all of its information more accessible. The Fag el-Gamous cemetery and the Seila Pyramid are located on …

Overwinter Survival And Movement Of Juvenile Coho Salmon (Oncorhynchus Kisutch) In Relation To Large Woody Debris And Low-Velocity Habitat In Northern California Streams, John D. Deibner-Hanson

Cal Poly Humboldt theses and projects

Some studies suggest that Coho Salmon populations are limited by overwinter survival as a result of insufficient winter habitat. While many small-scale projects aim to define reach and basin-level habitat requirements for Coho Salmon, large-scale studies that assess multiple independent populations remain few. For my research, I quantified large woody debris (LWD) by volume and low-velocity rearing habitat (LVH) as percent area in three coastal watersheds of similar size in northern California to untangle the relationships between Coho Salmon overwinter survival, emigration timing and specific winter habitats. I used mark-recapture techniques with PIT tags to formulate Cormack-Jolly-Seber models for each …

Towards A Critical Game Based Pedagogy, Justin K. Egan

Cal Poly Humboldt theses and projects

This thesis outlines and examines core concepts of game-based learning as identified by James Paul Gee, and Kurt Squire, among other scholars. These findings are then connected to the contemporary, transformative threshold concepts of composition—as explored in Naming What We Know. This connection seeks to argue game-based pedagogy may be an invaluable tool for introducing critical perspectives to composition students in order to better equip them with critical thinking strategies and cultural critiques, while improving their writing skills. A theoretical framework is presented in the form of four “Pillars” of a Critical Game-Based Pedagogy: Literacy, Identity, Social Learning, and Multimodality—all …

Understory Light, Regeneration, And Browsing Effects In Irregular Structures Created By Partial Harvesting In Coast Redwood Stands, Kurt Anthony Schneider

Cal Poly Humboldt theses and projects

Regeneration of commercial species is central to long-term success of multiaged management for wood production. We used a replicated uneven-aged silviculture experiment to study regeneration by stump sprouting (Chapter 1) and planted seedlings (Chapter 2). In Chapter 1, we present relationships between understory light, varying overstory tree retention, and growth of coast redwood (Sequoia sempervirens) and tanoak (Notholithocarpus densiflorus) stump sprouts initiated by group selection (GS) and single-tree selection harvesting. First, we quantified understory light throughout this 20 ha experiment comparing four different silvicultural treatments repeated at four sites. Then, we related understory light to post-treatment …

The Effects Of Elevated Temperatures On Gumboot Chiton (Cryptochiton Stelleri) Grazing Performance And Thermoregulation Efficiency, Lily Clare Mcintire

Cal Poly Humboldt theses and projects

Rocky intertidal zones are some of the most thermally stressful environments on earth, where ectotherms deal with tidal fluctuations in air and water temperatures that can exceed thermal performance limits. However, not all intertidal ectotherms face the same exposure risk. On the northwest coast of the United States, summertime low tides occur during midday, exposing ectotherms to stressful temperatures. In contrast, cooler pre-dawn low tides in southern regions buffer ectotherms from thermal stress. Gumboot chitons (Cryptochiton stelleri) are a thermally sensitive intertidal grazer that range from southern California to Alaska, exposing them to a mosaic of thermal stress. …

Response Of Headwater Amphibians To Long-Term Logging Impacts And Assessing Potential For Restoration In Redwood National And State Parks, Alyssa Marquez

Cal Poly Humboldt theses and projects

The timescale of community response to disturbance varies drastically, and slow-recovering ecosystems such as coastal redwood forests may take hundreds of years to return to old-growth conditions post-logging. Few studies have quantified long-term (>50 years) impacts of disturbance on ecosystems, specifically aquatic ecosystems. This study provides evidence of the persistence of historical logging impacts 50 years post-logging through the comparison of headwater amphibian populations (occupancy and abundance) and stream characteristics using a control-treatment study with a logged watershed, Streelow Creek, as the treatment and a pristine old-growth watershed, Godwood Creek, as the control. The immediately adjacent old-growth watershed acts …

The Effects Of C-Tactile Afferent Stimulation On Male Orgasm And Ejaculation, Yacoub Ayed Innabi

Cal Poly Humboldt theses and projects

Orgasms and ejaculation are important for relationships and contribute significantly to life satisfaction. There is, however, a lack of research in the current literature regarding orgasm perception. This study tested the effects of endogenous oxytocin on subjective orgasm intensity, ejaculation latency, and ejaculate volume in men. At two separate test sessions, the participants were either stroked on the forearm (to release endogenous oxytocin) or tapped on the hand (to act as a control) with a cosmetic brush. The forearm contains C-tactile afferents that are believed to release oxytocin centrally and peripherally in response to slow, soft stroking stimulation. Then a …

Density And Distribution Of Piscivorous Fishes In The Sacramento – San Joaquin Delta, Christopher M. Loomis

Cal Poly Humboldt theses and projects

Predatory fishes, including numerous introduced species, are common to the Sacramento – San Joaquin Delta, but abundance data for most species is insufficient to determine the Delta-wide distribution and ecological impacts of these species. Predatory fishes (e.g. Striped Bass, Largemouth Bass have long been suspected of contributing to the decline of native species, including salmonids, but data has been insufficient to investigate this hypothesis. In this study, I present a novel method to assess predator fish populations across the southern Delta using DIDSON acoustic cameras and analyze the environmental associations that form the landscape and fine-scale distribution of predatory fishes. …

Life History Of The Coastal Tailed Frog (Ascaphus Truei) Across An Elevational Gradient, Adrian Daniel Macedo

Cal Poly Humboldt theses and projects

The life history of a species is described in terms of its growth, longevity, and reproduction. Unsurprisingly, life history traits are known to vary in many taxa across environmental gradients. In the case of amphibians, species at high elevations and latitudes tend to have shorter breeding seasons, shorter activity periods, longer larval periods, reach sexual maturity at older ages, and produce fewer and larger clutches per year.

The Coastal Tailed Frog (Ascaphus truei) is an ideal species for the study of geographic variation in life history because it ranges across most of the Pacific Northwest from northern California …

Does Waldorf Education Offer A Well-Rounded And Integrated Experience That Prepares Students For Higher Grades And Life In General?, Jacqueline A. Stratton

Cal Poly Humboldt theses and projects

This thesis research focuses on the study of Waldorf education and how it benefits the whole child. It begins by looking at Rudolf Steiner’s Waldorf educational program and its foundational history and then takes an in depth look at the key elements of its rich philosophy and pedagogy. The literature review focuses on the key question, ‘Does this 100 year-old teaching philosophy encourage a more well-rounded and integrated educational experience than traditional public schools?’ The review highlights four broad topics in relationship to Waldorf education. These include: Educating the Whole Child; Education for the Three Stages of Childhood; Early Childhood …

Freshwater And Marine Survival Of Coho Salmon (Oncorhynchus Kisutch) As A Function Of Juvenile Life History, Grace Katherine Ghrist

Cal Poly Humboldt theses and projects

Juvenile Coho Salmon (Oncorhynchus kisutch) in coastal California streams exhibit various life history strategies during their freshwater development. One strategy of interest to managers and conservationists is the early migrant. Juvenile early migrants emigrate from natal habitat into lower parts of the watershed or estuary during their first fall or winter, where they rear before migration to the ocean. By contrast, the more prevalent spring migrant resides in natal reaches over the winter and migrates directly to the ocean the following spring. Salmon monitoring programs generally estimate juvenile production and demographic rates using only spring migrants, and these …

Diy Art And Community Activism, Preston Allen

Cal Poly Humboldt theses and projects

This study explores the collaborative process of members of DIY art collectives in the Pacific Northwest as understood through a collective action lens focused on the cooperative links and motivations of the art collectives. Participant observation and in-depth interviews were used to gather data showing the process of establishing and maintaining membership in a DIY art collective, and the values that motivate the collective’s continuation. Drawing on Howard Becker’s art world framework as well as literature on social movements and art activism, I show how the DIY art world of this study is fluid, open, and driven by values of …

Wild Blueberries Increase Fat Oxidation Rate During Moderate Intensity Exercise, Jessie Armendariz

Cal Poly Humboldt theses and projects

Consumption of fruits high in anthocyanins, such as wild blueberries (WB)s, have been shown to influence lipolytic enzymes and increase fatty acid (FA) oxidation during rest. Purpose: Examine the effect of a WB drink on FA oxidation during moderate intensity exercise. Methods: Eleven aerobically trained males (26 ± 7.5 years, 74.9 ± 7.54 kg, 10.5 ± 3.2% body fat) completed an incremental cycling test to determine VO_2peak (55.1 ± 7.5 ml/kg/min) followed by a washout diet avoiding foods high in anthocyanins. After two weeks, subjects completed a control cycling protocol at 65% of VO_2peak for 40 minutes. Next, …

Analysis Of Aboral Spine Variation In The Forcipulate Sea Star, Pisaster Ochraceus (Brandt 1835), Angela Jordane Jones

Cal Poly Humboldt theses and projects

Rocky intertidal zones are highly dynamic environments that exhibit substantial spatial and temporal variation in abiotic conditions, which can drive body form variation and energy allocation within calcifying species. Wave exposure, specifically, has been shown to be a significant driver of skeletal and structural morphology in organisms including gastropods, bivalves, and sponges. Many of such organisms, from sponges to echinoderms, rely on calcium carbonate for structural support and protection.

In the phylum Echinodermata (named for possessing a ‘spiny skin’), research on the form and function of calcium carbonate spines is largely relegated to Class Echinodea (e.g., urchins and sand dollars) …

The Effects Of Concussion On Tandem Gait Performance With Secondary Cognitive Tasks, Angel Lomeli

Cal Poly Humboldt theses and projects

Identifying concussions occurs with a battery of cognitive and motor tests. However, these tests are performed independently as primary tasks. Research has demonstrated amplified motor differences due to concussion when performing simultaneous cognitive tasks (i.e. dual-tasks). The Tandem Gait Test (TGT) is used in concussion assessment and has only moderate sensitivity and specificity alone. The aim of this study was to determine the effect of concussion on TGT performance with secondary cognitive tasks. Six concussed participants (age 22.6 ± 2.8) and fourteen healthy participants (age 23.8 ± 2.7) were recruited through the North Coast Concussion Program within 13 days (7 …

Assessing Craniofacial Variation And Sexual Dimorphism In A Skeletal Sample From Medieval Prussia, Carrisa Sue Pritchard

Cal Poly Humboldt theses and projects

The objective of this study is to assess the degree of craniofacial variation and sexual dimorphism exhibited by a skeletal sample of 32 adult (14 probable female, 16 probable male, 2 indeterminate) crania from Bezławki, a medieval (14th-15th century) Prussian cemetery site located in modern northeastern Poland. Christian Crusaders were actively colonizing the region during this time period; therefore, the cemetery is likely to include both indigenous Prussians and settlers. It is currently unknown whether the skeletal sample at Bezławki represents a morphologically homogenous or heterogeneous group.

To address this question, three-dimensional cranial landmark data were collected using a Microscribe. …

Gender Representation In Art Pedagogy: A Survey Of Student Knowledge And Attitudes Around Gender Balance In Art Education, Julia S. White

Cal Poly Humboldt theses and projects

This study explores the issue of unequal representation of women artists in the art-world (museums, galleries, auctions and texts) as well as in Studio Art, Art Education and Art-Historical pedagogy. This study examines how student knowledge and attitudes are impacted by the lack of exposure to art made by women. The problem of unequal representation of women in the arts was verified and examined in the literature review. The literature review explored feminist pedagogy as an educational method. The review made evident the unequal representation of women in visual Art History and the relative exclusion of women role models in …

Evaluation Of Range-Wide Occupancy And Survey Methods For The Giant Kangaroo Rat (Dipodomys Ingens), Alyssa E. Semerdjian

Cal Poly Humboldt theses and projects

Though habitat suitability and occupancy are often correlated, they cannot always be inferred from each other. Therefore, a solid understanding of both is essential to effectively manage species. Recent studies have assessed range-wide habitat suitability for the giant kangaroo rat (Dipodomys ingens; GKR), but data regarding occupancy is lacking in parts of its distribution. Satellite and aerial imagery were used to identify GKR burrows across their known range, producing a range-wide occupancy map and non-invasive survey methods including track plates, manned flight, unmanned aerial vehicle, and sign surveys were conducted to determine effective methods for monitoring GKR occupancy. …

Hunting For Insects And Metaphors In The Mojave, Mark Graham

Faculty Publications

No abstract provided.

“And He Was Anti-Christ”: The Significance Of The Eighteenth Year Of The Reign Of The Judges, Part 2, Daniel Belnap, Daniel L. Belnap, Daniel Belnap, Dan Belnap

Faculty Publications

For the Nephites, the sixteenth year of the reign of the judges was tremendously difficult. The arrival of the people of Ammon, in itself an incredible disruption of Nephite society, precipitated a battle, which Mormon describes as a “tremendous battle; yea, even such an one as never had been known among all the people in the land from the time Lehi left Jerusalem” (Alma 28:2). The dead, we are told, were not counted due to their enormous number. These events compounded the pre-existing struggles that resulted from the sociopolitical fallout from the reforms of Mosiah2 . 1 Though Alma 30:5 …

Learner Engagement In Blended Learning Environments: A Conceptual Framework, Lisa R. Halverson, Charles R. Graham

Faculty Publications

Learner engagement correlates with important educational outcomes, including academic achievement and satisfaction. Although research is already exploring learner engagement in blended contexts, no theoretical framework guides inquiry or practice, and little consistency or specificity exists in engagement definitions and operationalizations. Developing definitions, models, and measures of the factors that indicate learner engagement is important to establishing whether changes in instructional methods (facilitators) result in improved engagement (measured via indicators). This article reviews the existing literature on learner engagement and identifies constructs most relevant to learning in general and blended learning in particular. The authors present a possible conceptual framework for …