Digital Commons Network^™

Evidence Law: Convictions Based On Circumstantial Evidence, Binyamin Blum

The Judges' Book

No abstract provided.

Immunization Law: Litigating Alternative Facts, Dorit Rubinstein Reiss

The Judges' Book

No abstract provided.

Citation Stickiness, Kevin Bennardo, Alexa Z. Chew

Faculty Publications

This Article is an empirical study of what we call citation stickiness. A citation is sticky if it appears in one of the parties’ briefs and then again in the court’s opinion. Imagine that the parties use their briefs to toss citations in the court’s direction. Some of those citations stick and appear in the opinion—these are the sticky citations. Some of those citations don’t stick and go unmentioned by the court—these are the unsticky ones. Finally, some sources were never mentioned by the parties yet appear in the court’s opinion. These authorities are endogenous—they spring from the court itself. …

Constituencies And Control In Statutory Drafting: Interviews With Government Tax Counsels, Shuyi Oei, Leigh Z. Osofsky

Faculty Publications

Tax statutes have long been derided as convoluted and unreadable. But there is little existing research about drafting practices that helps us contextualize such critiques. In this Article, we conduct the first indepth empirical examination of how tax law drafting and formulation decisions are made. We report findings from interviews with government counsels who participated in the tax legislative process over the past four decades. Our interviews revealed that tax legislation drafting decisions are both targeted to and controlled by experts. Most counsels did not consider statutory formulation or readability important, as long as substantive meaning was accurate. Many held …

Abandoning Predictions, Kevin Bennardo

Faculty Publications

Analytical documents are a hallmark of the law school legal writing curriculum and of the practice of law. In these documents, the author applies a body of law to a set of facts and reaches a conclusion. Oftentimes, that conclusion is phrased as a prediction (“The court is likely to find . . .”), and many academics even refer to analytical documents as “predictive” document types. If that describes you, my goal is to convince you to change your ways. Instead of conceptualizing legal analysis as “predictive,” we should simply conceptualize it as analytical. Rather than writing predictive conclusions to …

Introduction: #Metoo In The Workplace, Jeffrey M. Hirsch

Faculty Publications

This symposium issue examines various impacts of the #MeToo movement in the workplace. “Me Too” was first coined in 1997 by Tarana Burke, who used the phrase as part of her work to help women like her, especially those of color, who had survived sexual violence. “Me Too” later became “#MeToo,” particularly after several famous actresses accused high-powered Hollywood producer Harvey Weinstein of sexual assault. The actions of Weinstein, as well as many of the numerous powerful men who subsequently faced similar accusations, involved sexual harassment and assault in a specific context: work. These high-ranking executives used their power over …

The Missing Marketplace Of Ideas Theory, Mary-Rose Papandrea

Faculty Publications

One hundred years ago, Justice Holmes embraced the marketplace of ideas in his dissenting opinion in Abrams v. United States. The same year as this centennial anniversary, Justice Kennedy, one of the most ardent adherents to this theory, retired from the Supreme Court. The dovetailing of these two events offers the perfect excuse to evaluate the marketplace of ideas in the Court’s First Amendment jurisprudence today.

The marketplace of ideas drives many of the Court’s First Amendment decisions, from the public forum doctrine to restrictions on offensive expression to campaign finance. Although the theory is not perfect, this Article …

Talking About Black Lives Matter And #Metoo, Linda S. Greene, Lolita Buckner Inniss, Bridget J. Crawford, Mehrsa Baradaran, Noa Ben-Asher, I. Bennett Capers, Osamudia James, Keisha Lindsay

Faculty Publications

No abstract provided.

Safeguarding Fair Use Through First Amendment’S Asymmetric Constitutional Fact Review, Amanda Reid

Faculty Publications

No abstract provided.

A Masterclass In Trademark's Descriptive Fair Use Defense, Deborah R. Gerhardt

Faculty Publications

When judges decide trademark cases, they often must balance trademark rights against interests in free expression. The defense known as “classic” or “descriptive” fair use embraces the foundational themes that make trademark conflicts so compelling. By design, the defense pits fair competition and free speech against a mark owner’s right to control its story, reputation, and values. The outcome of this tug of war may be hard to predict. It turns on consumer perception, and therefore, generally raises questions of fact. But in Mars, Inc. v. J.M. Smucker Co., this fact intensive question was decided as a matter of law. …

Of Titles And Testaments: Reflections Of An American Reader Of The Adelaide Law Review, John V. Orth

Faculty Publications

From the point of view of an American lawyer, two Australian innovations in the law of property stand out: titles by registration and the dispensing power in the law of wills. Both originated in South Australia, and both are the subject of articles in the Adelaide Law Review. Both spread rapidly to other Australian states and throughout the Commonwealth. But in the United States, despite some early success, neither achieved widespread adoption. Readers of the Adelaide Law Review, who doubtless view titles by registration and the dispensing power as obvious improvements on earlier property law, may be surprised …

An Appraisal Of Maqāsid Al-ShariʿAh Classic And Recent Literature: Systematic Analysis, Ahmad Syukran Baharuddin Asb, Wan Abdul Fattah Wan Ismail Wafwi, Lukman Abdul Mutalib Lam, Muhammad Hazim Ahmad Mha, Ruqayyah Razak Rr, Nurul Syahirah Saharudin Nss, Muhammad Aiman Abdull Rahim Maar

Library Philosophy and Practice (e-journal)

Maqāsid al-Shariʿah has been typically defined as the objectives behind the Islamic rulings or the Shariʿah higher intent. This knowledge is very important for the mujtahids and Islamic scholars not only to understand or interpret the Shariʿah legal texts, but also to deduce solutions for contemporary problems faced by Muslims. Maqāsid al-Shariʿah is traditionally divided into three levels of necessity, which are necessities (al-Ḍaruriyyāt), needs (al-Ḥajiyyāt), and luxuries (al-Taḥsiniyyāt). Extensive discussion of maqāsid al-shariʿah in Islamic jurisprudence has led to the classification of five elements of preservation, inter alia, protection of faith or …

Quakers And Creation Care: Potentials And Pitfalls For An Ecotheology Of Friends (Chapter Five In Quakers, Creation Care, And Sustainability), Cherice Bock

Faculty Publications - Portland Seminary

While Friends have a strong tradition of activism around the social justice issues of each era, we also tend to spiritualize our faith, disconnecting it from the material world. Environmental concerns are arguably one of the most important social justice issues of of our time, and in many ways, activism, advocacy, and lifestyle witness seem like natural ways for Friends to engage in social justice in this time in history. This essay will explore some of the historical and theological strengths Friends can draw from our tradition that can help build a particularly Quaker ecotheology, as well as some of …

Evaluation Of Cross-Reactivity To Taenia Hydatigena And Echinococcus Granulosus In The Enzyme-Linked Immunoelectrotransfer Blot Assay For The Diagnosis Of Porcine Cysticercosis, Lucho Gomez-Puerta, Ana Vargas-Calla, Yesenia Castillo, Maria Teresa Lopez-Urbina, Pierre Dorny, Hector H. Garcia, Armando E. Gonzalez, Seth E. O'Neal

OHSU-PSU School of Public Health Faculty Publications and Presentations

Background:

Taenia solium is an important zoonotic parasite that infects humans as definitive host (taeniasis) and pigs as intermediate host (cysticercosis). Serological diagnosis of porcine cysticercosis is limited to antigen detection using ELISA, which is known to cross-react with other Taenia species, and antibody detection using the lentil-lectin glycoprotein enzyme-linked immunoelectrotransfer blot (LLGP EITB), which has not been adequately evaluated for cross-reactivity to other parasites. Field studies suggest that the GP50 diagnostic band of the LLGP EITB may crossreact to Taenia hydatigena, a common non-zoonotic parasitic infection of pigs. The objective of this study was to evaluate the specificity of …

Performance Of Plunge Depth Control Methods During Friction Stir Welding, Jinyoung Yoon, Cheolhee Kim, Sehun Rhee

Mechanical and Materials Engineering Faculty Publications and Presentations

Friction stir welding is a preferred solid state welding process for Al/Fe joints, and in friction stir lap welding, the plunge depth is the most critical parameter for joint strength. We compared three plunge depth control methods, namely conventional position control, offset position control, and deflection compensation control in the friction stir lap welding of 3 mm-thick Al 5083-O alloy over 1.2 mm-thick DP 590 steel. The desired plunge depth was 0.2 mm into the steel sheet. However, the pin did not reach the steel surface under conventional position control due to deflection of the vertical axis of the welding …

Monitored Indoor Environmental Quality Of A Mass Timber Office Building: A Case Study, Jason Stenson, Suzanne L. Ishaque, Aurélie Laguerre, Andrew Loia, Georgia Maccrone, Ignace Mugabo, Dale Northcutt, Mariapaola Riggio, Andre Barbosa, Elliott T. Gall, Kevin Van Den Wymelenberg

Mechanical and Materials Engineering Faculty Publications and Presentations

A broad range of building performance monitoring, sampling, and evaluation was conducted periodically after construction and spanning more than a year, for an occupied office building constructed using mass timber elements such as cross-laminated timber (CLT) floor and roof panels, as well as glue-laminated timber (GLT) beams and columns. This case study contributes research on monitoring indoor environmental quality in buildings, describing one of the few studies of an occupied mass timber building, and analyzing data in three areas that impact occupant experience: indoor air quality, bacterial community composition, and floor vibration. As a whole, the building was found to …

A Bayesian Nonparametric Multiple Testing Procedure For Comparing Several Treatments Against A Control, Luis Gutiérrez, Andrés Barrientos, Jorge González, Daniel Taylor-Rodríguez

Mathematics and Statistics Faculty Publications and Presentations

We propose a Bayesian nonparametric strategy to test for differences between a control group and several treatment regimes. Most of the existing tests for this type of comparison are based on the differences between location parameters. In contrast, our approach identifies differences across the entire distribution, avoids strong modeling assumptions over the distributions for each treatment, and accounts for multiple testing through the prior distribution on the space of hypotheses. The proposal is compared to other commonly used hypothesis testing procedures under simulated scenarios. Two real applications are also analyzed with the proposed methodology.

Stability Conditions For Coupled Oscillators In Linear Arrays, Pablo Enrique Baldivieso Blanco, J.J.P. Veerman

Mathematics and Statistics Faculty Publications and Presentations

In this paper, we give necessary conditions for stability of flocks in R. We focus on linear arrays with decentralized agents, where each agent interacts with only a few its neighbors. We obtain explicit expressions for necessary conditions for asymptotic stability in the case that the systems consists of a periodic arrangement of two or three different types of agents, i.e. configurations as follows: ...2-1-2-1 or ...3-2-1-3-2-1. Previous literature indicated that the (necessary) condition for stability in the case of a single agent (...1-1-1) held that the first moment of certain coefficients governing the interactions between agents has to be …

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 …

Long-Term Effectiveness Of Fuel Treatments In Oak And Chaparral Stands Of Northern California, Caroline Ann Martorano

Cal Poly Humboldt theses and projects

Fuel reduction treatments are broadly implemented to reduce the risk of extreme wildfire. Yet, research on the long-term effectiveness and ecological consequences among these treatments is lacking. In this study, I examined short- and long-term changes in fuels and understory vegetation after treatment in chaparral and oak-dominated stands of Whiskeytown National Recreation Area. Treatments included mastication and spring burning, spring burning only, mastication only, and hand-thinning. Treatments were applied randomly to 1 to 2 units within each of 10 blocks. Two plots were established in each treatment unit and fuel and vegetation data was collected and analyzed at the block …

Ecological Consequences Of Sea Star Wasting Disease: Non-Consumptive Effects And Trait-Mediated Indirect Interactions From Pisaster Ochraceus, Timothy Ian Mcclure

Cal Poly Humboldt theses and projects

Consumptive effects (CEs) of predators are an important factor in structuring biological communities, but further work is needed to understand how the interaction between spatial and temporal differences in predator density affects non-consumptive effects (NCEs) on prey. NCEs can cause indirect effects on food resources, known as trait-mediated indirect interactions (TMIIs), and thus can also affect community structure. However, few studies have considered the relationships between spatial and temporal predator density variation and the strength of NCEs and TMIIs in the natural environment. The ochre star Pisaster ochraceus is common predator of the herbivorous black turban snail Tegula funebralis, imposing …

Targeting Social Cohesion In Female Roosevelt Elk (Cervus Canadensis Roosevelti) Groups Minimizes Survey Efforts For Fecal Dna Capture-Recapture Estimates Of Abundance, Rudolph Gabriel Mena

Cal Poly Humboldt theses and projects

Group size abundance estimates of Roosevelt elk (Cervus canadensis roosevelti) in Humboldt and Del Norte counties, California have largely been inferred through visual counts. However immigration and emigration, the inability to sight elk behind viewing obstructions, and a lack of individual identifiers makes precise and accurate estimates difficult to obtain. Using DNA collected through fecal samples left by elk groups can aid in addressing these difficulties. I tested the hypothesis that GPS (Global Positioning System) collar data from adult female elk could indicate discrete site use locations of their social groups, which in turn yield sufficient sample sizes …

Phonetic Convergence And Auditory Imagery In Reading, Josue E. Rodriguez

Cal Poly Humboldt theses and projects

This study aimed to address whether phonetic convergence (speech imitation) and auditory imagery in reading are fundamentally governed by the same process — episodic encoding (c.f., Goldinger, 1998). A set of participants (talkers; N = 12) were recorded speaking sentences at a baseline level. Talkers were then exposed model speaker with either a fast or slow speech rate and then engaged in a reading phase where they read sentences thought to be written by that speaker. If episodic encoding predicts effects of phonetic convergence and auditory imagery in reading style, then talkers should be influenced by a speaker …

Serving In The Kingdom: A Volunteer Experience In The Development Of Efl Literacy In Tonga, Melissa Wise

Cal Poly Humboldt theses and projects

For three years I had the privilege of living and serving in the Kingdom of Tonga, a group of islands in the South Pacific, as a Master’s International Program student and Peace Corps volunteer. In Tonga, I worked as an English Literacy Facilitator, partnering with counterparts on diverse projects to improve English language and literacy instruction in local schools.

In the most recent revision of its national curriculum, one of the sustainable development goals of the Tongan Ministry of Education is for teachers to learn strategies for the effective use of libraries, books, and technological resources in their teaching. To …

Promoting English Fluency Through Peer Feedback And Dialogue Journals In An Esl College Classroom, Sarah L. Stone

Cal Poly Humboldt theses and projects

This study investigated research methodologies which were proven to be successful in promoting English fluency among ESL students in the college level classroom. The history of second language learning was tied to popular teaching practices, such as journal writing, dialogue journals, peer feedback, and teacher feedback. Due to a lack of cohesion between the above methods and a rising gap in related literature, an experiment was formed to determine whether dialogue journals could be combined with peer feedback to facilitate an accelerated comprehension of English as an L2 language. Over a three-month period, 19 ESL students at Gavilan College were …

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 …

The Effects Of Video Modeling On Complimentary Behaviors Towards Children With Disabilities In Typically Developing Children: A Case Study, Rhodes D. Wroth

Cal Poly Humboldt theses and projects

Video modeling has been an effective instructional tool to teach children with disabilities, however, there is less research on the effectiveness of video modeling to teach typically developing children. The participants of this study were two typically developing children, and they were siblings of child with a disability. This study used an ABAB experimental design to graph, and visually determine differences between control and intervention sessions. The purpose of this study was to evaluate the effectiveness of video modeling to teach typically developing children verbal complimentary behaviors in an inclusive physical activity setting. The results of this study found video …

Reserve, Symptoms, Sex, And Outcome Following A Single Sports-Related Concussion, Summer A. Thornfeldt

Cal Poly Humboldt theses and projects

Reserve refers to the biological/cognitive differences between individuals that protect against cognitive changes following a single sports-related concussion (SRC). A single SRC can lead to brain damage and a loss of reserve. The ImPACT is a neurocognitive test which was used as a proxy for reserve. The Post-Concussion Symptom Scale (PCSS), a symptom checklist, was used to examine symptoms. It was hypothesized that pre-SRC reserve would affect post-SRC reserve, so that those with higher pre-SRC reserves would demonstrate less change in their reserve after a single SRC compared to those with low pre-SRC reserves. It was also hypothesized that females …

Pornstars, Content Creators, And Sex Educators: A Discourse Analysis Of Gender, Sexuality & Resistance In The West-Coast Pornography Industry, Samantha Silver

Cal Poly Humboldt theses and projects

Given the ease of Internet accessibility, the porn industry increasingly provides a common socialization medium for conceptions of gender, sex, and sexuality. For my master's thesis, I interviewed 10 industry film and video actors to better understand the processes through which their experiences are created. Interviews provided the data for a discourse analysis that considers systems of power that shaped actor interactions and core definitions of sex, gender, and sexuality. Hegemonic constructions of gender, femininity, and sexuality are pervasive in the industry; however, the industry also provides an arena for transformative discourse and disruption of hegemonic ideals. This research is …

Cultivating Chingona Power: A Study On The Chingona Identity, Celia Orosco Haro

Cal Poly Humboldt theses and projects

Mujeres across the country are claiming the Chingona identity and using it to cultivate their Chingona strength, feel empowered, and live for their own approval. A Chingona in this newly reclaimed use means a woman who embodies confidence, acceptance of self, reclamation of sexuality, siguiendo le adelante por su propio camino sin importarle lo que digan los demás, rejects social and cultural norms/expectations of women, and uses her strengths to empower and uplift others. Through the reclamation of this identity, these mujeres are moving beyond being hijas de la chingada to being Chingonas. This research highlights the Chingona identity …