Digital Commons Network^™

Bias In, Bias Out, Sandra G. Mayson

Scholarly Works

Police, prosecutors, judges, and other criminal justice actors increasingly use algorithmic risk assessment to estimate the likelihood that a person will commit future crime. As many scholars have noted, these algorithms tend to have disparate racial impact. In response, critics advocate three strategies of resistance: (1) the exclusion of input factors that correlate closely with race, (2) adjustments to algorithmic design to equalize predictions across racial lines, and (3) rejection of algorithmic methods altogether.

This Article’s central claim is that these strategies are at best superficial and at worst counterproductive, because the source of racial inequality in risk assessment lies …

Derivative Works And Making Sense Of The Maxim That 'Others Are Free To Copy The Original. They Are Not Free To Copy The Copy.', David E. Shipley

Scholarly Works

This is a paper about some of the most entertaining and challenging cases in America’s copyright law jurisprudence concerning derivative works as copyrightable subject matter, and the closely related right to prepare derivative works. The cases are entertaining because they involve very familiar works of authorship, and they are challenging because the rulings are often difficult to reconcile due to the fact that the courts are grappling with copyright’s elusive originality standard as applied to derivative works as well the copyright owner’s right to prepare derivative works. Instead of attempting to say something ‘original’ about originality, my goal for this …

Teaching Communication Skills In Transactional Simulations, Eric J. Gouvin, Katherine M. Koops, James E. Moliterno, Carol Morgan, Carol D. Newman

Scholarly Works

This Article describes the role of communication exercises in transactional law and skills education, and provides several examples of such exercises. After a discussion of fundamental differences between communication in the context of litigation and transactional law, the Article discusses exercises designed to improve written communication skills, including the use of e-mail, in the context of transactional law. It follows with a similar discussion of exercises focusing on oral communication skills, including listening, interviewing, counseling, negotiation, and presentations. The Article concludes with examples of exercises combining oral and written communication skills in the context of simulated transactions.

Some Kind Of Hearing Officer, Kent H. Barnett

Scholarly Works

In his prominent 1975 law-review article, “Some Kind of Hearing,” Second Circuit Judge Henry Friendly explored how courts (and agencies) should respond when the Due Process Clause required, in the Supreme Court’s exceedingly vague words, “some kind of hearing.” That phrase led to the familiar (if unhelpful) Mathews v. Eldridge balancing test, in which courts weigh three factors to determine how much process or formality is due. But the Supreme Court has never applied Mathews to another, often ignored facet of due process—the requirement for impartial adjudicators. As it turns out, Congress and agencies have broad discretion to fashion not …

Restoring The Statutory Safety-Valve For Immigrant Crime Victims: Premium Processing For Interim U Visa Benefits, Jason A. Cade, Mary Honeychurch

Scholarly Works

This essay focuses on the U visa, a critical government program that has thus far failed to live up to its significant potential. Congress enacted the U visa to aid undocumented victims of serious crime and incentivize them to assist law enforcement without fear of deportation. The reality, however, is that noncitizens eligible for U status still languish in limbo for many years while remaining vulnerable to deportation and workplace exploitation. This is in large part due to the fact that the agency has never devoted sufficient resources to processing these cases. As a result, the potential benefits of the …

Justice Gorsuch's Views On Precedent In The Context Of Statutory Interpretation, Hillel Y. Levin

Scholarly Works

The doctrine of precedent, in its stare decisis form, presents a challenge to any originalist. This doctrine provides that a court should (at least sometimes) be bound by its own precedent, even if that precedent was wrongly decided in the first place. Yet if the original meaning of the text at issue is a judge’s focus, why should an intervening decision of the court—and a mistaken one at that— matter at all? Despite this tension, every originalist also at least purports to care about precedent.

This Essay focuses on Justice Gorsuch’s apparent views on precedent in the context of statutory …

Law's Semantic Self-Portrait: Discerning Doctrine With Co-Citation Networks And Keywords, Joseph S. Miller

Scholarly Works

An apex court’s body of cases has an internal texture, continually augmented by recent citations to earlier, topically related cases. How can we best describe that texture? The citation network shows a path. Specifically, what past Supreme Court cases do more recent Supreme Court cases tend to cite together, as if a topical pair? Using a web of those oft-cited pairs, what noun phrases appear in a given cluster of cases more often, relative to the rate at which those phrases appear in writings more generally? To answer these questions is to map, in detail, a body of decisional law. …

Due Process For Article Iii—Rethinking Murray's Lessee, Kent H. Barnett

Scholarly Works

The Founders sought to protect federal judges’ impartiality primarily because those judges would review the political branches’ actions. To that end, Article III judges retain their offices during “good behaviour,” and Congress cannot reduce their compensation while they are in office. But Article III has taken a curious turn. Article III generally does not prohibit Article I courts or agencies from deciding “public rights” cases, i.e., when the government is a party and seeking to vindicate its own actions and interpretations under federal law against a private party. In contrast, Article III courts generally must resolve cases that concern “private …

Healthism In Tort Law, Elizabeth Weeks

Scholarly Works

This article draws on the author's recently published book, Healthism: Health Status Discrimination and the Law (with Jessica L. Roberts) (Cambridge University Press 2018), examining tort law doctrine and policy for examples of differential treatment of health status or behaviors. Just as scholars previously have drawn attention to discrimination based on race, sex, age, and other protected categories in tort law, the article urges similar examination of tort law's potential to discriminate against the unhealthy. The article discusses the potential for healthism in the reasonably prudent person standard of care, contributory negligence, assumption of the risk, noneconomic damages caps, impaired …

Transcranial Focal Electrical Stimulation Via Concentric Ring Electrodes In Freely Moving Cats: Antiepileptogenic And Postictal Effects, Alejandro Valdés-Cruz, Benjamín Villasana-Salazar, Brandon Williams, David Martínez-Vargas, Víctor Manuel Magdaleno-Madrigal, Salvador Almazán-Alvarado, Walter Besio

Electrical, Computer, and Biomedical Engineering Faculty Publications

Transcranial focal electrical stimulation (TFS) via tripolar concentric ring electrodes (TCRE), tripolar TFS, is proposed to treat pharmacoresistant epilepsy. We determined the effect of tripolar TFS on electrical amygdaloid kindling (AK) in freely moving cats. Fifteen cats were bilaterally implanted with electrodes in the amygdala (AM) and prefrontal cortex and assigned to three groups: the control group, which only received AK; the tripolar TFS before AK group, in which TCREs were placed over the vertex and tripolar TFS (300 Hz, 200 μs biphasic equal charge, square pulses) was delivered for 40 min just prior to AK; and the tripolar TFS …

Mothering The Aggressive Child, Katja Ermann

PsyD Program in Clinical Psychology Doctoral Dissertations (Seattle)

This qualitative study explores the experience of mothers parenting significantly aggressive children, ages five to 10. Little has been known previously about how women experience this aggression or the social and psychological impacts it has on them. This dissertation highlights the women’s understandings to provide a solid basis for theoretical explication using a Constructivist Ground Theory approach. Significant findings include the invisibility and stigma the women feel and the ways in which the experience is similar and dissimilar to other forms of family violence, particularly adolescent-on-parent violence (APV). Differences were found in social stigma between women whose child has a …

Structures And Daq System For The Lox/Lch4 500 And 2000 Lbf. Rocket Engines, Rachel Pilgrim

Open Access Theses & Dissertations

With the progression of space exploration and research, new alternative fuels and fuel combinations have been discovered. The ability to produce methane from Mars' atmosphere and oxygen from Mars' regolith has led to the two becoming a great alternative propellant combination for rocket propulsion systems. To further advance LOX/LCH4 propulsion systems, a 500 and 2000 lbf rocket engine were designed and manufactured and are to be launched from the MIRO cSETR Technology Research and Innovation Acceleration Park (tRIAc) in Fabens, Texas for data collection and analysis. The objective of this thesis is to give a thorough overview of the static …

Analyzing Teachers' Technological Pedagogical And Content Knowledge, Diana Minerva Camberos

Open Access Theses & Dissertations

This qualitative study analyzes the ways a professional development course entitled Sol y Agua helped teachers to acquire technological, pedagogical, and content knowledge (TPACK) and to implement technology in their classroom. This study also analyzes the experiences teachers had in the workshop and the recommendations they had to improve the workshop. TPACK is a framework which denotes that teachers have a deep understanding of how to represent content using technology, and that the technology is used effectively to teach the content knowledge. Technology is integrated as a component of the teacher content knowledge and the teaching topic, and not as …

The Implications Of Gender Roles On Hiv Risk Behaviors And Latinas' Hiv Risk Perception Among A College Sample, Juliana De Almeida Cardoso Smith

Open Access Theses & Dissertations

The primary aim of the proposed research was to investigate the moderating effects of gender roles in regards to HIV sexual risk behaviors and HIV risk perception. Human Immunodeficiency Virus (HIV) remains a serious public health concern that affects an estimated 1.2 million individuals in the United States, disproportionately affecting ethnic minorities. We hypothesize that gender roles will significantly moderate the relationship between HIV sexual risk behaviors and HIV risk perceptions. Additionally, we hypothesize that while subordinate marianismo and perceived partner's negative machismo will not moderate the relationship between HIV sexual risk behaviors and HIV risk perceptions by themselves; their …

A Method For Iron Determination During Copper Electrometallurgy And Its Application To The Calculation Of Current Efficiency, Daniel Pedro Cruz

Open Access Theses & Dissertations

With the objective of developing statistical models that describe iron kinetics under typical copper electrolytes as well as its effects on current efficiency and influence in cathodic and anodic behavior, a detailed electrochemical analysis is done in this work as a contribution to implement hydrometallurgical processes in the refining or winning process to produce high purity copper.

This Thesis evaluates the oxidation-reduction potential (ORP) of the Fe3+/Fe2+ couple in the H2SO4-Fe2(SO4)3-FeSO4-H2O and H2SO4-CuSO4-Fe2(SO4)3-FeSO4-H2O systems, with addition of different copper concentrations and temperatures up to 70°, typically employed in the industry. This study further validates and expands a thermodynamic expression developed …

Cradle To Grave Lifecycle Process Analysis For Transuranic Waste Management Los Alamos National Laboratory, Cesar Enrique Dominguez

Open Access Theses & Dissertations

Amid World War II, in the late 1930s, nuclear fission was discovered. This revolution gave way to the development of nuclear technologies, including the world's first atomic bomb; these advancements in nuclear research left behind radioactive waste. Radioactive waste is known as the byproduct of nuclear reactors, fuel processing plants, hospitals, nuclear research facilities, as well as the result from the decommissioning and dismantling of radiation-exposed buildings and materials. This byproduct may be dangerous to workers, the public, and the environment and must, therefore, be handled with utmost safety. Given this, radioactive waste must be processed, stored, and disposed of …

Geophysical Studies Of The Three Sisters Andesite, West El Paso, Texas, Alexander D'Marco Garcia

Open Access Theses & Dissertations

The Three Sisters andesite intrusion is part of series of three small igneous bodies that crop out in western El Paso to the north of the more extensive intrusions found on the University of Texas at El Paso campus and at Mount Cristo Rey. These Oligocene age intrusions are believed to form part of a deeper, more extensive igneous body that may lie beneath much of western El Paso and the southern Mesilla Valley. I used several geophysical techniques to determine the size and shape of the Three Sisters intrusion to better understand its connection to other andesite outcrops and …

An Evaluation Of A Tobacco Control Network Along The Us/Mexico Border, Dessaray Gorbett

Open Access Theses & Dissertations

Tobacco use is the leading cause of preventable death in the United States (U.S.), killing more than 480,000 people per year. Public health networks and coalitions have shown to be able to promote health behavior change. More specifically, coalitions and networks emphasizing tobacco control issues have proven to be effective in recent years. The Paso del Norte Tobacco Control Network (Network) grew out of a coalition in El Paso, TX and currently includes representatives from west Texas, southern New Mexico, and northern Chihuahua, Mexico. The current project evaluated the Network's collaborations amongst organizations, internal organizational structure, and knowledge on tobacco …

Modeling Correlated Data Via Copulas, Panfeng Liang

Open Access Theses & Dissertations

Copulas are widely used to model the dependency structure among components of multi- variate data sets. Elliptical copulas, such as Gaussian copula, are most popular copulas being used since many data sets follow elliptical distributions or meta-elliptical distribu- tions (Fang et al. (2002)). However, today's approaches and software packages require us to assume the specific category, such as Gaussian or Student's T, of the elliptical cop- ula before estimating it. In this Thesis, we will propose a Bayesian method using Markov chain Monte Carlo (MCMC) methods to estimate the density function of elliptical copulas without specifying it is the copula …

Narcocultura As Cultural Capital For Latinx Youth Identity Work: An Online Ethnography, Emiliano Villarreal

Open Access Theses & Dissertations

Why would young Latinxs want to be, talk, look, and act like narcos? This work analyzes the ways in which narcocultura has become an important source of cultural capital for many Latinxs. Narcocultura is the assemblage of music, video, television, and other forms of cultural production that feature figures of transnational narcotrafficking as central protagonists of their narratives. Based on a yearlong online ethnography, I examine the ways in which Latinx Facebook users appropriate and recontextualize narcocultura in their identity work through the lenses of LatCrit theory, critical discourse analysis, and personal lived experiences, which provided the departing point for …

Young Adults' Perceptions Of The U.S. National Anthem Protests: Examining The Role Of Form Of Expression, Empathic Concern, & Perspective-Taking, Daymon Wilson

Open Access Theses & Dissertations

The US national anthem protests, which is a movement that began when some athletes, most notably Colin Kaepernick, chose to not simply stand during the US national anthem, has had a major influence in numerous ways on people, regardless of whether they view it favorably or unfavorably. This study examines young adults' attitudes towards these anthem protests. This study is going to examine some possible determinants of the positive or negative perceptions about the anthem protest. The study will examine how young adults perceive the national anthem protest, positively or negatively. It will also determine if participants see one form …

Thermal/Mechanical Analysis And Development Of A 2000 Lbf Liquid Oxygen/Liquid Methane Rocket Engine, Marissa Garcia

Open Access Theses & Dissertations

The Center for Space Exploration and Technology Research (cSETR) is developing three rocket engines: a 5 lbf reaction control engine, a 500 lbf engine, and a 2000 lbf engine. All these engines utilize a liquid oxygen and liquid methane propellant combination. The reason methane was selected for the fuel is because methane is easy to store, is self-pressurizing, and readily available. There is also the possibility of creating methane on planets such as Mars through an electrolysis process on the ice water found on Mars.

The 2000 lbf engine, or the CROME-X, is a modular, steady-state pintle injector engine. It …

Cfd Dem Analysis Of A Dry Powder Inhaler, Antara Badhan

Open Access Theses & Dissertations

Dry powder inhalers (DPIs), used as a means for pulmonary drug delivery, typically contains a combination of an Active Pharmaceutical Ingredient (API) and significantly larger carrier particles. The micro-sized drug particles - which have a strong propensity to aggregate and a poor aerosolization performance - are mixed with significantly large carrier particles that are unable to penetrate the mouth-throat region to deagglomerate and entrain the smaller API particles in the inhaled airflow. The performance of a DPI, therefore, depends on entrainment the carrier-API combination particles and the time and thoroughness of the deagglomeration of the individual API particles from the …

Review Of Rights And Demands: A Foundational Inquiry, Nicholas B. Cornell

Reviews

No abstract provided.

Directory Of Services And Resources To Support Breastfeeding Initiation, Exclusivity, And Longevity In The El Paso Texas Region, Tiffany Nichelle Butler

Open Access Theses & Dissertations

Human milk is recognized as the ideal food for infants; however, in order for human milk to get to the infants, breastfeeding requires the support of the healthcare system. Among infants born in 2015 in United States, 4 out of 5 started to breastfeed and despite of this high rate, only 22% of mothers exclusively breastfed for 6 months. The decisions to breastfeed are influenced by multiple factors including breastfeeding education and support, hospital practices, and participating in tailored education programs. The Office of the Surgeon General has identified the need for healthcare systems to "guarantee continuity of skilled support …

Cross-Language Sense Priming, Jennifer M. Blush

Open Access Theses & Dissertations

Research has yet to systematically examine the extent to which activation spreads across multiple senses of words. The two present experiments focused on examining the effects of cross-language sense priming via processing polysemous words in and out of a sentence context. In Experiment 1, participants made semantic verification of word pairs; critical trials contained polysemous words. In Experiment 2, participants read sentences in an eye-tracker with critical sentences containing both instantiations of a polysemous word. Results from both experiments suggested that senses can be primed within and across languages. These results give support for the DFM's interconnective network of conceptual …

The Battle Off The Battlefield: Exploring Medical Cannabis Use Among U.S. Veterans Looking For Relief, Viridiana Edwards

Open Access Theses & Dissertations

This study analyzed the reasons U.S. veterans use cannabis, focusing on what ways cannabis is socially acceptable, what ways it is viewed as deviant, and to what extent veterans are using cannabis for pain and/or mental relief. To answer these questions, an open and closed ended questionnaire was created and was available online. My results showed that U.S. veterans were using medical cannabis due to the negative side effects from the pharmaceutical medication that they were prescribed, physicians not listening to them during their appointments, and for social integration.

Patient Perception In Quality Of Health Care In Civilian And Military Hospitals, Rodolfo Gonzalez Garza

Open Access Theses & Dissertations

The purpose of this research is to examine and relate Erving Goffman's theory and concept of total institution to the perceived experienced quality of health care that occurs in the treatment of patients, in both preoperative and postoperative surgical procedures, at civilian and military hospitals. Goffman argues that there is a distinct relationship between the medical staff and patients at the hospitals. The staff most often feels superior and correct in their actions, while the patients perceive themselves as weak, inferior, and defenseless. In my thesis, I use a qualitative method approach to determine how veteran patients perceive their quality …

Load Rating Mobility As A Framework For Bridge Owners, Bryan Keith Stephens

Open Access Theses & Dissertations

In this time of financial economy, bridge owners are faced with the important decision of where to focus financial assets while attempting to determine which structures are in most need. Bridge Engineers and researchers alike agree that a large portion of the United States bridge population are reaching the end of their design life. Researchers are currently investigating various means and methods of lengthening the amount of usefulness of these key pieces of infrastructure. This paper introduces the novel idea of bridge Load Rating Mobility and how it can be leveraged by stake holders to assist in making those financial …

Investigating Using Titanium Zirconium Molybdenum For Additively Manufacturing Aerospace Components, Justin Hunter Vanhoose

Open Access Theses & Dissertations

Mankind throughout history has possessed an innate characteristic to explore, migrating to new frontiers.The requirement for this travel is most broadly associated with the need to pursue more resources. Rockets have been used as a means of weapons since the Sung Dynasty in the thirteenth empire and have now been integrated for travel/transport. The sophistication of rocketry and propulsion has reached a level to where it is plausible that mankind will be a multi-planetary species. The space industry has grown significantly with the advancement of the sophistication of these rocket technologies. However, a specific challenge to overcome in the space …