Digital Commons Network^™

Why Should Law And Policy Makers Understand Extremist Beliefs? The Islamic State (Isis) As A Case Study: Past, Present, And Future, Ali Rod Khadem

Lewis & Clark Law Review

The overarching argument in this Article is that inadequate comprehension of extremist doctrines undermines efforts in law and policy. Selecting the Islamic State (ISIS) as a case study, this Article attempts to resolve three legal and policy dilemmas by exposing internal ISIS doctrine (i.e. by considering the perspectives of the movement itself). This focus on ISIS is justified, for despite the movement’s recent territorial decline, it is precisely its doctrine and ideology that will persist and enable the rise of 2.0 and 3.0 movements modeled after the prototype. In considering ISIS, the aim here is to demonstrate the general need …

Kkk In The Pd: White Supremacist Police And What To Do About It, Vida B. Johnson

Lewis & Clark Law Review

There is an epidemic of white supremacists in police departments. Police officers have been identified as members of white supremacist groups in Florida, Alabama and Louisiana. There have been scandals in over 100 different police departments, in over forty different states, in which individual police officers have sent overtly racist emails, texts, or made racist comments via social media. This is a nation-wide problem. It is one that is not limited to just beat officers; some of these shocking occurrences have even involved high-ranking members of their respective police forces. Although the F.B.I. warned of white supremacists infiltrating police departments …

Shackled Speech: How President Trump's Treatment Of The Press And The Citizen-Critic Undermines The Central Meaning Of The First Amendment, Terri R. Day, Danielle Weatherby

Lewis & Clark Law Review

Just recently, the Southern District of New York in Knight First Amendment, Inc. v. Trump applied existing First Amendment doctrine to President Trump’s @realDonaldTrump Twitter account in considering whether he violated the First Amendment when he blocked citizens from accessing his tweets. After concluding that the interactive space associated with each of the President’s tweets is a designated public forum, the District Court held that President Trump’s act of blocking users who criticize him constituted viewpoint-based discrimination, which violates the First Amendment. This Article is one of the first of its kind to analyze the question considered by the Knight …

Cruel To Be Kind: The Societal Response To Technology And Youth Sexual Expression, Kelly Muldavin

Lewis & Clark Law Review

The sending and receiving of explicit images via cellular phone—popularly referred to as “sexting”—has emerged as a common method of sexual expression in the digital age. Though sexting is a relatively accepted practice among adults, society views sexting among minors as a significant threat to the health and well-being of young people. In an effort to curb the practice, many states have sought to prosecute minors engaged in sexting under existing child pornography laws. Subjecting children to far-reaching social, professional, and psychological harms at the hands of the criminal justice system is justified, proponents argue, because we must protect children …

Craft Beer And The Rising Tide Effect: An Empirical Study Of Sharing And Collaboration Among Seattle's Craft Breweries, Zahr K. Said

Lewis & Clark Law Review

This qualitative empirical research project studies Seattle’s craft brewing industry as a thriving entrepreneurial ecosystem that displays widespread collaboration and innovation. Drawing on data collected in 22 face-to-face formal interviews conducted with industry participants, the Article explores the community’s attitudes, practices, and norms with respect to collaboration and intellectual property (IP). It joins a growing body of qualitative empirical IP scholarship that maps misalignments between law and practice “on the ground,” seeking to offer a more accurate and pluralistic account of an innovative industry. The craft brewing community in Seattle cooperates extensively while continuing to compete actively for consumers. In …

Front Matter

Lewis & Clark Law Review

Front Matter contains Table of Contents, Masthead, and faculty for Lewis & Clark Law Review Volume 23, Issue 2.

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

Lewis & Clark Law Review

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 …

Equitable Estoppel And Information Costs In Contemporary Copyright, Molly Shaffer Van Houweling

Lewis & Clark Law Review

The failure of the contemporary copyright system to provide clear notice of the existence of copyrights and the identity of copyright owners leaves even well-meaning actors vulnerable to infringement actions and severe remedies. This Article describes how the doctrine of equitable estoppel has sometimes been used to address these informationcost problems by requiring the actor best positioned to communicate about the existence of rights to do so. Renewed focus on equitable estoppel in the wake of the Supreme Court’s decision in Petrella v. Metro-Goldwyn-Mayer, Inc., may present new opportunities to apply the doctrine in this useful way.

Improper Appropriation, Daniel Gervais

Lewis & Clark Law Review

The traditional test for copyright infringement is satisfied when the owner of a valid copyright establishes, first, that her work was actually copied and second, that the copying amounts to an improper or unlawful appropriation. As applied by courts, the second prong of the test is often applied quantitatively that is, when the amount of the copyrighted work that is copied is more than de minimis. This seems odd for a test expressed using a term wrought with moral overtones (impropriety). This Article discusses whether this test could be applied differently by requiring an examination of the (im)propriety of the …

The Transformative Potential Of Digital Media & Technology On Class Actions, Caroline Desmond

Lewis & Clark Law Review

In this Note, the author discusses the true potential that digital media and technology hold for class actions beyond effectuating notice to members of a class. Ironically, just as challenges have mounted against the use of the class action device, digital technology has continued to advance in the background to a point where it may be used to break down barriers to class certification now facing would-be class plaintiffs.

However, much of the current discussion across law reviews and blogs as it relates to digital media and class actions pertains to the effect of digital media on notice. Not only …

Beyond Cannabis: Psychedelic Decriminalization And Social Justice, Dustin Marlan

Lewis & Clark Law Review

Psychedelics are powerful psychoactive substances that alter consciousness and brain function. Like cannabis, psychedelics have long been considered prohibited Schedule I substances under the Controlled Substances Act of 1970. However, via the powerful psychological experiences they induce, psychedelics are now being shown to be viable therapeutic alternatives in treating depression, substance use disorders, and other mental illnesses, and even to enhance the wellbeing of healthy individuals.

In May 2019, Denver, Colorado became the first city in the country to decriminalize psilocybin (the active compound in “magic mushrooms”)—a potential major shift in the War on Drugs. Ballot initiatives for the decriminalization …

Pipelines & Power-Lines: Building The Energy Transport Future, James W. Coleman

Faculty Journal Articles and Book Chapters

The United States is in the middle of three profound energy revolutions — with booming production of renewable power, natural gas, and oil. The country is replacing coal power with renewable and natural gas power, reducing pollution while saving consumers money. And it has dramatically cut its oil imports while becoming, for the first time in half a century, an important oil exporter. The U.S. is on the cusp of an energy transformation that will provide immense economic and environmental benefits.

This new energy economy will require massive investment in energy transport — especially power lines to bring wind and …

The Current Orientation Issue Volume 30 : Issue 1, Nova Southeastern University

Student Newspapers

No abstract provided.

The Current Volume 30 : Issue 11, Nova Southeastern University

Student Newspapers

Homecoming Edition

Introducing the new Razor

The Current Volume 30 : Issue 11 Homecoming, Nova Southeastern University

Student Newspapers

No abstract provided.

Asphaltene Stability In Crude Oil During Carbon Dioxide Injection And Its Impact On Oil Recovery: A Review, Data Analysis, And Experimental Study, Sherif M. Fakher

Masters Theses

"Crude oils are usually associated with many compounds, some of which are favorable and others, which are not. One of the most unfavorable components of crude oil that pose severe operational problems and decreases oil production significantly are asphaltenes. These compounds are solids that are homogenized in the crude oil at room temperature but tend to separate from solution when agitated. They can deposit in the reservoir pores, wellbore, and transportation pipelines thus causing severe operational problems and oil recovery reduction.

Even though researchers have been studying asphaltenes for more than 100 years, there is still an ambiguity concerning asphaltene …

Copyrights In Higher Education: Motivating A Research Agenda, Jacob H. Rooksby

Law Faculty Publications

The Bayh–Dole Act of 1980 enabled American universities to engage in technology transfer. Thirty years of research has investigated the legislation’s effectiveness and derivative university practices, such as the establishment of technology transfer offices. Unfortunately, the technology transfer literature has focused primarily on patenting as the primary transfer vehicle for protecting intellectual property in universities, overlooking other forms of IP ownership, such as copyrights. Legal scholarship shows, however, that universities are increasingly using copyrights to protect their intellectual property and that the number of university-held copyrights exceeds patents. This paper examines the use of copyrights to protect and transfer university …

The Popular Constitutional Canon, Thomas G. Donnelly

Law Faculty Publications

Popular constitutionalism scholarship has often left out the American people. Sure, ordinary citizens make cameo appearances—often through the actions of elected officials and elite movement leaders. However, focusing on high politics among elite actors—even if those actors are not judges—simply is not enough. If popular constitutional views do, indeed, matter, then we can expect constitutional partisans to try to manipulate the processes through which these views emerge. Some constitutional scholars have made a start, reflecting on the importance of the constitutional canon. However, these scholars focus mostly on the legal canon and often ignore its popular analog. At the same …

"I Don't Know If I Have The Courage" Reproductive Choices In Times Of Zika, Ana Rosa Linde, Grace Furtado, Elisa Tristán-Cheever, Carlos Eduardo Siqueira

Gastón Institute Publications

In this transnational study, we aimed at providing insights into women's views and attitudes towards their reproductive rights during the Zika epidemic. Women of distinct nationalities and ethnicities were recruited from various locations in Brazil, Puerto Rico, and the United States. We conducted semistructured interviews that suggest that participants reproductive decisions were intimately related to personal convictions and cultural beliefs, and their actions and thoughts were embedded in their sociocultural norms. The majority of women interviewed communicated that it takes courage to make the extreme, emotional, and overwhelming decision to have an abortion. The findings of this study suggest that …

The Effect Of Training And Institutional Support On Title Ix Coordinators' Responses To Sexual Violence On College Campuses, Mercedes M. Pino

Theses and Dissertations

One out of five women in college are victims of sexual assault. The uptick in cases being brought before the US Department of Education for the mishandling of sexual assault cases on college campuses raises a question about the adequacy of the training and support being received by Title IX Coordinators. This study was designed to determine whether Title IX Coordinators are receiving adequate support and sufficient training necessary to adhere to the federal mandates regarding sexual assault on campus, as well as how the Title IX Coordinators’ years of experience relate to the challenges they face.

Using SurveyMonkey, a …

“This Is What Learning Looks Like!” Backward Design And The Framework In First Year Writing, Jenny Mills, Claire Wiley, Judy Williams

Library Faculty Scholarship

The Framework for Information Literacy for Higher Education calls on librarians to teach complex concepts rather than discrete skills, but many librarians have struggled with implementing such teaching. This article reports on a revised lesson for information literacy instruction in First Year Writing classes, created using Grant Wiggins and Jay McTighe’s backward design framework. Wiggins and McTighe’s model focuses on teaching “enduring understandings” and designing lessons and assessments that provide evidence of student learning. The authors employed a scaffolded approach to teaching the concept “searching as strategic exploration,” providing successive levels of temporary support to move the students toward greater …

Regulating Bank Reputation Risk, Julie Andersen Hill

Articles

In the aftermath of a school shooting in Florida the New York State bank regulator urged banks to manage the "reputation risk" posed by doing business with the National Rifle Association a gun rights advocacy group As part of Operation Choke Point a federal regulator told banks to end relationships with payday lenders because those activities posed "reputation risk" Another federal regulator warns banks their reputations might be damaged by lending to oil and gas companies that are perceived to cause environmental harm Reputation risk is the risk that bank stakeholders will negatively change their perception of the bank It …

A Student Journal To Celebrate, Preserve, And Improve Beginning Undergraduate Writing, Ann E. Biswas, Maureen E. Schlangen, Heidi Gauder

Books and Book Chapters by University of Dayton Faculty

At the end of each semester, composition instructors at the University of Dayton (UD) collected portfolios of student writing for the annual program assessment, encouraging their students to return the following semester to pick up their folders of work. However, the stacks of unclaimed portfolios that piled up in faculty offices each year was an indication that students cared little about what they had written, perhaps believing no one beyond their instructor was interested in reading their writing now or in the future. Nevertheless, academic scholars have recognized that student writing improves—as do a sense of ownership and pride in …

Oxidative Degradation Of Lignin And Investigation Of Utilization Of Lignin-Derived Materials As Building Blocks For Epoxy Resins, Zhen Fang

Theses and Dissertations--Chemistry

Lignin, the second most abundant biopolymer on earth, is potentially a replaceable source for bulky fuels and chemical feedstocks. There have been numerous reports on methods for the oxidative cleavage of β-O-4 linkages but relatively few reports of how those methods affect other linkages that are present in lignin. We investigated how the β-1 and β-5 linkages respond under oxidative conditions proposed for lignin deconstruction based on their effect on β-O-4 linkages. Mechanochemical treatment of lignin can greatly improve the yield of monomer products and we applied a mechanochemical approach, using powerful ring-and-puck milling to promote lignin degradation. Along with …

Synthesis And Characterization Of Carbonaceous Particles From Xylose And Soybean Residuals, Shanshan Wang

Theses and Dissertations--Chemistry

Carbonaceous materials, especially in micro and nanoscale, are useful in optical, energy storage, electronic, and biomedical devices or technologies. Techniques have been developed for preparation and modification of the carbonaceous materials, while it is still challenging to tailor the properties of carbonaceous materials effectively and economically. Laser is a powerful tool in academic and industrial laboratories, which also plays important roles in the preparation and modification of high-performance carbonaceous nanomaterials.

In this study low-cost hydrothermal synthesis, high-temperature annealing, and Laser ablation (LAL) methods are developed to prepare functionalized carbon nanomaterials and modify their electrochemical and optical properties.

Sub-micro hollow carbon …

Exploring A Bayesian Analysis Of Opinion Dynamics Using The Approximate Bayesian Computation Method, Jessica L. Bishop

Graduate Research Theses & Dissertations

Social media has created a whole new framework in the way we understand ones expression of opinion, and how ones' opinion can influence others. Models of opinion dynamics, such as a probabilistic modeling framework of opinion dynamics over time are given by Abir De, Isabel Valera, Niloy Ganguly, Sourangshu Bhattacharya, and Manuel Gomez Rodriguez in ``Learning and Forecasting Opinion Dynamics in Social Networks." In this paper, we will continue to explore their models, now coming from a Bayesian statistical standpoint, specifically looking at the Approximate Bayesian Computation (ABC) method for the computation of better estimations for the data. We will …

Youtube’S Terms Of Service: Posthumanism, Algorithms, And Professional Writing, Sarah Bresnahan

Graduate Research Theses & Dissertations

This thesis aims to examine YouTube’s Terms of Service as it applies to content creators (known as YouTubers) who use the platform as a means of financial gain and how YouTube’s demonetization policy via an algorithm is negatively affecting them. I conducted a case study featuring one creator, Michelle Guido, and attempted to determine why some of her content is demonetized when it fulfills YouTube’s content standards for monetization. This study is meant as an examination through the lens of Dr. N. Katherine Hayles’s theory of posthumanism as stated in her book, How We Became Posthuman, and will offer insight …

From Tony Soprano To Donald Trump: Situating The Rhetoric Of The 2016 Trump Presidential Campaign In The Antihero Genre, Harry Bodell

Graduate Research Theses & Dissertations

In the wake of Donald Trump’s stunning victory over Hillary Clinton in the 2016 U.S. presidential election, scholars and political pundits alike were left scrambling to understand what had occurred. While there is no single explanation for this unexpected turn of events, the present study argues that an overlooked and central aspect of Trump’s appeal was foreshadowed by the increased prominence of antihero protagonists in American media, particularly exemplified by the recent “Golden Age” of television wherein television series like The Sopranos, Breaking Bad, Mad Men and Dexter found critical and popular success by building compelling narratives around morally flawed …

Visual Rhetoric In Comics: The Rhetoric Of Sexual Assault In The Wake Of Mattress Girl, Brianna Marie Burke

Graduate Research Theses & Dissertations

This thesis analyzes the visual rhetoric of sexual assault through the unique medium of web-based comics composed by noncommercial artists. The focus was on features compiled from Scott McCloud’s Understanding Comics and Gunther Kress and Theo van Leeuwen’s Reading Images: The Grammar of Visual Design, as well as one related to representation of those involved in sexual assault: abusers and survivors, art style, act and gaze, size of frame and social distance, horizontal angle, and vertical angle.

This examination reveals four things about the rhetoric of sexual assault and consent in these comics. First, the comics are used as documentary-like, …

Providing Counseling In A Rural Setting: A New Multicultural Perspective, Danessa Ann Carter

Graduate Research Theses & Dissertations

Counseling research shows a lack of information regarding training counselors to work in rural communities. However, more than 80% of the United States land is considered rural. This appears to be an extremely desperate combination of lack of information and training for a large portion of the country’s population. An additional complication to this dynamic is that neither CACREP standards nor the ACA Code of Ethics mandate any specific trainings or address any specific needs of rural communities.

To improve the understanding of rural community dynamics, this qualitative study explored the phenomenological experiences of counselors working in rural communities. This …