Digital Commons Network^™

The Territorial Discrepancy Between Intellectual Property Rights Infringement Claims And Remedies, Marketa Trimble

Scholarly Works

When in Equustek v. Google a Canadian court ordered that Google de-list the pages of a defendant that infringed intellectual property (“IP”) rights under Canadian law, some commentators were surprised not only by the Canadian court’s assertion of personal jurisdiction over Google (a U.S. third party who was not a party to the original Canadian IP rights infringement litigation), but also by the court’s issuance of a remedy with global effects. However, global and other extraterritorial remedies are not unknown in IP rights infringement cases: U.S. courts have granted extraterritorial remedies in a number of such cases. This Article reviews …

Made In Taiwan: Alternative Global Models For Marriage Equality, Stewart Chang

Scholarly Works

This Article comparatively analyzes the judicial decisions that led to same-sex marriage equality in Taiwan, South Africa, and the United States. After first evaluating the structural mechanisms that led Taiwan to become the first Asian nation to legalize same-sex marriage through Interpretation No. 748 of the Taiwan Constitutional Court, this Article then draws comparisons to how marriage equality was similarly affected through a delayed imposition of the court order in South Africa to allow the legislature an opportunity to rectify the law in Minister of Home Affairs v. Fourie, and finally considers how these approaches provide equally viable and more …

The Masculinity Mandate: #Metoo, Brett Kavanaugh, And Christine Blasey Ford, Ann C. Mcginley

Scholarly Works

In fall 2019, the Senate Judiciary Committee held hearings involving Dr. Christine Blasey Ford's testimony about then-Judge Brett Kavanaugh's alleged behavior at a high school party gone awry.

This essay uses identity performance and multidimensional masculinities theories to analyze the hearings, specifically to consider the gender, race, and class performances of the participants, and how partisans and non-partisans interpreted those performances. This examination demonstrates that the judgment concerning masculinity and femininity performances and their appropriateness is, to a certain extent, in the eye of the beholder. By the same token, public interpretations are not arbitrary. Rather, at least in this …

Going Rogue: Mobile Research Applications And The Right To Privacy, Stacey A. Tovino

Scholarly Works

This Article investigates whether nonsectoral state laws may serve as a viable source of privacy and security standards for mobile health research participants and other health data subjects until new federal laws are created or enforced. In particular, this Article (1) catalogues and analyzes the nonsectoral data privacy, security, and breach notification statutes of all fifty states and the District of Columbia; (2) applies these statutes to mobile-app-mediated health research conducted by independent scientists, citizen scientists, and patient researchers; and (3) proposes substantive amendments to state law that could help protect the privacy and security of all health data subjects, …

Protecting Auto Accident Victims From The Um/Uim Insurer Identity Crisis, Jeffrey W. Stempel, Erik S. Knutsen

Scholarly Works

Automobile liability insurance is mandatory for drivers in all states, so as to provide for an available source of compensation for auto accident victims. Yet more than 20% of drivers in some states drive without valid, collectible automobile liability insurance. Another vast proportion of drivers have woefully inadequate financial limits of liability insurance that could not pay for even a modest percentage of a typical accident victim's compensatory needs. An auto accident victim cannot choose which tortfeasor driver injures her in a collision. Without the at-fault tortfeasor driver's liability insurance to act as a source of full compensation for her …

Global Carceral Feminism And Domestic Violence: What The West Can Learn From Reconciliation In Uganda, Aparna Polavarapu

Scholarly Works

Around the world, policies and laws emphasizing criminal justice have dominated domestic violence interventions for decades. In the United States, certain feminist advocates worked with state actors to develop a primarily criminal justice response to domestic violence. Western influence in the international human rights movement has spread this approach around the world, leading it to become the key means of addressing violence against women. However, critics argue that the overreliance on the criminal justice system is a key failure of the anti-domestic-violence movement, with some referring to the strain of feminism promoting prosecution as "carceral feminism. " The carceral approach …

Considering Reconsidering Judicial Independence, Charles G. Geyh

Articles by Maurer Faculty

In Reconsidering Judicial Independence, Professor Stephen Burbank revisits the nature of the relationship between judicial independence and judicial accountability—a relationship that he has elucidated over the course of an illustrious career. As Burbank emphasizes, the continuing success of this dichotomy depends on preserving a balance between its halves. But forces generations in the making have led to a new assault on the independence of the judiciary in the age of Trump, which has put the future of the independence–accountability balance in doubt. The age-old rule-of-law paradigm, which posits that independent judges put aside their personal biases and follow the law, …

Crime And Punishment In Gold Country: A Historical Case-Study, Lawrence M. Friedman, Shih-Chun Chien

Scholarly Works

No abstract provided.

Dirty Thinking About Law And Democracy In Rucho V. Common Cause, Luis Fuentes-Rohwer, Guy-Uriel E. Charles

Articles by Maurer Faculty

In order to understand the division in Rucho and, as importantly, to understand why the plaintiffs in Rucho failed to win over the conservatives on the Court, we have to come to terms with these different worldviews on the Court. Is sordid politics an inherently necessary and arguably normatively good part of the political process, and thus a necessary part of our representative institutions? Relatedly, do substantive fairness principles exist—outside of race and the equal-population principle—that constrain political actors when they design electoral structures to favor themselves at the expense of their opponents? We take up these questions in the …

Court Personnel Attitudes Towards Medication-Assisted Treatment: A Statewide Survey, Barbara Andraka-Christou, Meghan Gabriel, Jody L. Madeira, Rod D. Silverman

Articles by Maurer Faculty

Background: Despite its efficacy, medication-assisted treatment (MAT) is rarely available in the criminal justice system in the United States, including in problem-solving courts or diversionary settings. Previous studies have demonstrated criminal justice administrators' hostility towards MAT, especially in prisons and jails. Yet, few studies have examined attitudes among court personnel or compared beliefs among different types of personnel. Also, few studies have explored the relationship between MAT education/training and attitudes. Finally, few studies have directly compared attitudes towards methadone, oral buprenorphine, and extended-release naltrexone in the criminal justice system.

Methods: We modified a survey by Matusow et al. (2013) to …

Harm, Sex, And Consequences, India Thusi

Articles by Maurer Faculty

At a moment in history when this country incarcerates far too many people, criminal legal theory should set forth a framework for reexamining the current logic of the criminal legal system. This Article is the first to argue that “distributive consequentialism,” which centers the experiences of directly impacted communities, can address the harms of mass incarceration and mass criminalization. Distributive consequentialism is a framework for assessing whether criminalization is justified. It focuses on the outcomes of criminalization rather than relying on indeterminate moral judgments about blameworthiness, or “desert,” which are often infected by the judgers’ own implicit biases. Distributive consequentialism …

Taxing E-Commerce In The Post-Wayfair World, David Gamage, Darien Shanske, Adam Thimmesch

Articles by Maurer Faculty

No abstract provided.

Aba Rpte Conservation Easement Task Force Report: Recommendations Regarding Conservation Easements And Federal Tax Law, W. William Weeks

Articles by Maurer Faculty

Authors' Synopsis: In October 2015, the American Bar Association's Real Property, Trust and Estate Law (RPTE) section convened a Conservation Easement Task Force. The objective of the Task Force was to provide recommendations regarding federal tax law as it relates to conservation easements. This Report is the culmination of the Task Force's work. Part I of the Report is an Executive Summary of the Task Force's recommendations. Part II provides the background necessary to understand the Task Force's recommendations. Part III briefly sets forth the Task Force's comments on the Tax Cuts and Jobs Act of 2017 as it relates …

Technologically Distorted Conceptions Of Punishment, Jessica M. Eaglin

Articles by Maurer Faculty

Much recent work in academic literature and policy discussions suggests that the proliferation of actuarial — meaning statistical — assessments of a defendant’s recidivism risk in state sentencing structures is problematic. Yet scholars and policymakers focus on changes in technology over time while ignoring the effects of these tools on society. This Article shifts the focus away from technology to society in order to reframe debates. It asserts that sentencing technologies subtly change key social concepts that shape punishment and society. These same conceptual transformations preserve problematic features of the sociohistorical phenomenon of mass incarceration. By connecting technological interventions and …

Technological Cooperation Network In Biotechnology Analysis Of Patents With Brazil As The Priority Country, Cristiano Goncalves Pereira, Rodrigo Ribeiro Da Silva, Joao Ricardo Lavoie, Geciane Silveira Porto

Engineering and Technology Management Faculty Publications and Presentations

Purpose – The establishment of partnerships between companies, government and universities aims to enhance innovation and the technological development of institutions. The biotechnology sector has grown in recent years mainly driven by its cooperative business model. Compared to other countries, this sector is slowly advancing in Brazil, with delays in science, technology and innovation, especially in the private sector. This paper aims to examine, through social network analysis, the collaborative networks between institutions that filed patents in biotechnology – medicinal preparations from plants – whose inventions had Brazil as the priority country. Design/methodology/approach – The study of technological cooperation using …

Ossia Marketing Plan - Hearing Aid Batteries & Starkey Partnership, Abdalilah Owaishiz, Bret Hunley, Caitlin Mohnike, Radha Shrikhande, Tyler Stahl

Engineering and Technology Management Student Projects

Using this marketing plan, Ossia, a wireless power technology company, will launch into a new market - hearing aid batteries. By partnering with Starkey Manufacturing, a United States based hearing aid manufacturer, they will be able to capitalize on Starkey’s existing user base and sales team, allowing fast entry into the market.

There are four products that are the basis for this plan - a base antenna, expansion antenna, cloud-based management portal, and a wirelessly powered hearing aid battery (using Cota Powered Technology). Starting with a Total Addressable Market of just over 51,000 people (or approximately $4.6 million in potential …

Tenderness And Juiciness Of Beef Steaks From Varying Hot Carcass Weights, Michaella Ann Fevold

Animal Sciences

The objective of this study was to determine how hot carcass weights affect temperature decline and pH decline of beef carcasses, as well as, tenderness, juiciness and color of beef steaks. Carcasses were selected based on hot carcass weight. Carcasses were separated into either light, medium or heavy weight groups and temperature and pH decline were measured for 24 hours. There were no differences in pH decline, fat thickness, KPH or marbling score, drip loss, cook loss or WBSF among hot carcass weight classes. Light and medium carcasses weight had smaller longissimus areas compared to heavy carcasses. Light weight carcasses …

Effects Of Replacing Supplemental Sucrose With Beef During Mid To Late Gestation On Maternal Health And Fetal Growth And Development Using A Sow Biomedical Model, Megan Alice Nelson

Animal Sciences

Americans consume three percent more total daily calories from sugar than current recommendations. Maternal diets high in sugar can cause obesity and diabetes mellitus. Objectives were to compare supplemental dietary sucrose to a protein alternative on maternal health and fetal programming utilizing a sow biomedical model. Pregnant sows (Landrace × Yorkshire, average BW = 222 ± 35 kg, n = 21) were fed a corn-soybean meal-based diet (CSM) at one percent BW at 0700 h daily from d 29 (± 1.47) to 111 (± 0.58) of gestation. Sows were randomly assigned to dietary supplement treatments: 126 g CSM (CON, n …

Teaching Race, Racism, And Racial Justice: Pedagogical Principles And Classroom Strategies For Course Instructors, M. Brielle Harbin, Amie Thurber, Joe Bandy

School of Social Work Faculty Publications and Presentations

Teaching on topics of race and racism presents unique challenges to leaders in the university classroom setting. Despite an increasing number of instructors bringing a critical analysis of racial in/justice to their curriculum, many report challenges in teaching this content effectively. In this article, we address these challenges. We define common challenges in teaching racial content and articulate four principles for course planning around topics of race, racism, and racial justice. Then, drawing on a systematic review of scholarship examining issues of difference within a diverse range of disciplinary settings, we introduce a set of five pedagogical strategies, and supporting …

Editorial: Public Intellectualism And The Call For Grounded Speculation, Ben Anderson-Nathe, Grant Charles

School of Social Work Faculty Publications and Presentations

The author discusses the challenge of getting child welfare research to practitioners, families, and the young people whose lives it concerns.

Editorial: We Can Do Better Than "Adolescence", Ben Anderson-Nathe, Grant Charles

School of Social Work Faculty Publications and Presentations

Editorial. The author discusses the concept of adolescence and its acceptance as a biological imperative, a developmental mandate, and an explanation for young people's behavior. Topics discussed include the shift of the fundamentals of labor from largely agrarian to predominantly industrial forms, the 1904 naming of adolescence as a distinct life stage in the human experience, and adolescence as the default starting point for most adult interactions with youth in the academic and practice literatures.

Editorial: Disconnection And Mattering, Grant Charles, Ben Anderson-Nathe

School of Social Work Faculty Publications and Presentations

Editorial. The article offers information on how the disconnection may affect the lives of children and youth and role of mattering to other people in overcoming the loneliness. Topics discussed include information on the empowering child and youth care; discussions on the intentional relationships and connection between children and youth; and the how engagements with young people reduces the loneliness.

Editorial: Stories Still Untold, Grant Charles, Ben Anderson-Nathe

School of Social Work Faculty Publications and Presentations

Editorial. The article offers information on the human history is a narrative of the powerful pushing the less powerful down and trying to keep them there. Topics discussed include without sufficient attention to history, to current circumstance, to all the points of intersection that we do not yet see, any single course of action reflects a limited and incomplete narrative; and mentions it is easier to think that there are victims and perpetrators than to admit that some among us are both.

Nature-Based Designs To Mitigate Urban Heat: The Efficacy Of Green Infrastructure Treatments In Portland, Oregon, Yasuyo Makido, Dana E. Hellman, Vivek Shandas

Urban Studies and Planning Faculty Publications and Presentations

Urban heat is a growing environmental concern in cities around the world. The urban heat island effect, combined with warming effects of climate change, is likely to cause an increase in the frequency and intensity of extreme heat events. Alterations to the physical, built environment are a viable option for mitigating urban heat, yet few studies provide systematic guidance to practitioners for adapting diverse land uses. In this study, we examine the use of green infrastructure treatments to evaluate changes in ambient temperatures across diverse land uses in the city of Portland, Oregon. We apply ENVI-met® microclimate modeling at the …

High School Completion In Context: Student- And School-Level Factors Related To On-Time Graduation, Mathew C. Uretsky

School of Social Work Faculty Publications and Presentations

Background/Context: There is an expansive body of research concerning high school graduation; however, most studies omit students who persist through four years of high school without earning a diploma. In addition, there is scant research exploring longer-term outcomes among students whose academic trajectories do not fit within the traditional four-year model of high school graduation, including eventual graduation, post-secondary enrollment, or engagement in the workforce.

Purpose/Objective/Research Question/Focus of Study: The current study addresses the substantive gaps in research regarding high school non-completion by examining the college and workforce outcomes of persisters—defined here as students who do not formally …

Quality Of Life And Stigma Among People Living With Hiv/Aids In Iran, Mohammad Ebrahimi Kalan, Jian Han, Ziyad Ben Taleb, Kristopher P. Fennie, Mohammad Asghari Jafarabadi, Maryam Dastoorpoor, Nima Hajhashemi, Mitra Naseh, Shahnaz Rimaz

School of Social Work Faculty Publications and Presentations

Background: Stigma against HIV profoundly affects the quality of life (QOL) of people living with HIV/AIDS (PLWHA). We aimed to assess the factors associated with QOL in PLWHA in Iran, specifically HIV-related stigma, sociodemographic and clinical characteristics.

Methods: Two hundred PLWHA participated in this cross-sectional study. Data were collected using sociodemographic, stigma, and WHO-QOL-BREF questionnaires. Correlations, ANOVAs, and Student’s t-distribution tests were performed as bivariate analyses. We employed stepwise multiple linear regression analysis to explore the main factors associated with QOL domains.

Results: Six domains of QOL were negatively correlated with three domains of stigma (p < 0.001 for all). Stepwise multiple linear regression revealed that, after adjusting for con-founders, lack of healthcare insurance, having no basic knowledge of HIV/AIDs prior to diagnosis, low monthly income of participants and family, and stigma (blaming and distancing, discrimination, and fear) were associated with low mean score of different domains of QOL.

Conclusion …

Investigating Metrical Context Effects On Anticipatory Coarticulation In Connected Speech Development, Jillian Adkins, Christina Gildersleeve-Neumann, Melissa A. Redford

Speech and Hearing Sciences Faculty Publications and Presentations

If rhythm acquisition is influenced by the development of articulatory timing, then metrical structure might be expected to condition this timing. This study tested this hypothesis by investigating anticipatory effects of an upcoming noun on the production of a preceding determiner, under the assumption that anticipatory coarticulation indexes chunking. Simple S-V-O sentences were elicited from 5-year-olds, 8-year-olds, and adults. The V was either monosyllabic packed or disyllabic patted. The O was a determiner phrase where nouns varied either in onset place-of-articulation (POA; tack vs. cat) or in their rhymes (tack vs. toot). Acoustic analyses of determiner schwa F1 and F2 …

Social Norms, Misperceptions, And Mosquito Net Use: A Population‑Based, Cross‑Sectional Study In Rural Uganda, Jessica M. Perkins, Paul J. Krezanoski, Sae Takada, Bernard Kakuhikire, Vincent Batwala, Alexander Tsai, Nicholas A. Christakis, David R. Bangsberg

OHSU-PSU School of Public Health Faculty Publications and Presentations

Background: Mosquito net use is an essential part of malaria prevention. Although previous research has shown that many people sleep under a mosquito net in endemic areas, it is unknown whether people underestimate how common it is to sleep under a net every night. Furthermore, perceived social norms about whether most others sleep under a mosquito net every night may contribute to personally sleeping under a net, given decades of research showing that people often mimic others’ behaviours.

Methods: Population-based data were collected from 1669 adults across eight villages in one rural parish in southwestern Uganda. Individuals’ perception about whether …

Exploring The Extent Of The Hikikomori Phenomenon On Twitter: Mixed Methods Study Of Western Language Tweets, Pereira-Sanchez, Miguel Angel Alvarez-Mon, Angel Asunsolo Del Barco, Melchor Alvarez-Mon, Alan R. Teo

OHSU-PSU School of Public Health Faculty Publications and Presentations

Background: Hikikomori is a severe form of social withdrawal, originally described in Japan but recently reported in other countries. Debate exists as to what extent hikikomori is viewed as a problem outside of the Japanese context. Objective: We aimed to explore perceptions about hikikomori outside Japan by analyzing Western language content from the popular social media platform, Twitter. Methods: We conducted a mixed methods analysis of all publicly available tweets using the hashtag #hikikomori between February 1 and August 16, 2018, in 5 Western languages (Catalan, English, French, Italian, and Spanish). Tweets were first classified as to whether they described …

Words Matter: Putting An End To “Unsafe” And “Risky” Sex, Julia L. Marcus, Jonathan Snowden

OHSU-PSU School of Public Health Faculty Publications and Presentations

Change is constant in sexual health, as in health care more broadly. Novel pathogens are identified, epidemics emerge and reemerge, and new preventive and therapeutic agents are introduced and taken up by populations. On the other hand, some care strategies and practices fall by the wayside among clinicians and populations. Just as health and health care evolve, so too should the language that we use to describe them.

In this commentary, we express our concerns about the use of ambiguous and stigmatizing language when describing sexual behavior. A search on PubMed in September 2019 yielded over four thousand articles with …