Digital Commons Network^™

Wannacry, Ransomware, And The Emerging Threat To Corporations, Lawrence J. Trautman, Peter Ormerod

Faculty Publications

The WannaCry ransomware attack began on May 12, 2017, and is unprecedented in scale-quickly impacting nearly a quarter-million computers in over 150 countries. The WannaCry virus exploits a vulnerability to Microsoft Windows that was originally developed by the U.S. National Security Agency and operates by encrypting a victim's data and demanding payment of a ransom in exchange for data recovery. Security experts have indicated that a North Korea- linked group of hackers-who have also been implicated in cyberattacks against Sony Pictures in 2014, the Bangladeshi Central Bank in 2016, and Polish banks in February 2017-is behind the attack.

Ransomware threatens …

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 …

Lenders' Roles And Responsibilities In Sovereign Debt Markets, Susan Block-Lieb, W. Mark C. Weidemaier

Faculty Publications

Academic and policy debates about the multi-trillion-dollar sovereign debt markets presume these markets are unique. The reason is that sovereigns differ from other borrowers. To the extent observers look elsewhere for guidance, they turn to corporate debt as a comparison. For example, official actors have repeatedly intervened in sovereign debt markets by prodding market participants to draft loan contracts that simulate aspects of corporate bankruptcy. We argue that the conventional view of sovereign debt—though useful to a point—has substantially and unjustifiably limited the academic and policy agenda. Rather than dwell on the unique characteristics of sovereign borrowers, we examine the …

A Behavioral Economics View Of Judge Posner’S Contracts Legacy, Deborah R. Gerhardt

Faculty Publications

Legal analysis has not sufficiently adjusted by applying behavioral economic theory to contract law. This Article contributes to filling that gap by considering the following questions. How does the economic analysis of law account for irrational behavior? If our choices do not always result from linear, rational thinking, should we consider using behavioral economics to rethink our understanding of contract law? If we can agree that behavioral economics challenges the theoretical coherence of rational economic reasoning, should we view behavioral economics as a substitute or adjunct to law and economics? Given the explosion of work in behavioral economics that has …

Consumer Protection After A Global Financial Crisis, Melissa B. Jacoby

Faculty Publications

Like other major events, the Global Financial Crisis generated a large and diffuse body of academic analysis. As part of a broader call for operationalizing the study of crises as policy shocks and resulting responses, which inevitably derail from elegant theories, we examine how regulatory protagonists approached consumer protection after the GFC, guided by six elements that should be considered in any policy shock context. After reviewing the introduction and philosophy of the Bureau of Consumer Financial Protection, created as part of the Dodd–Frank Act of 2010, we consider four examples of how consumer protection unfolded in the crises’ aftermath …

Criminal Clear Statement Rules, Carissa Byrne Hessick, Joseph E. Kennedy

Faculty Publications

There is a broad consensus in the criminal justice community that our criminal statutes are a mess: They are imprecise, overly broad, and overly punitive. Legislatures write these laws because there are significant political incentives for them to be “tough on crime” and few incentives for them to write carefully crafted laws. The problems of over-criminalization thus seem to be both a predictable yet intractable consequence of the incentives that legislatures face. But this Article offers a novel solution: Judges should develop new clear statement rules to interpret criminal statutes. The Supreme Court has created clear statement rules to protect …

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.

The Statewide Standard, 2019, College Of Education

The Statewide Standard

No abstract provided.

Good Governance,Information Dissemination And National Development-The Nigerian Situation, Peter Olorunleke Oye Cln

Library Philosophy and Practice (e-journal)

ABSTRACT

In the last few decades the relationship between good governance and national development has attracted keen global attention. The emergence of information as a vital factor of production in the knowledge economy has added a new dimension to it. This paper therefore aims at exploring the intrinsic nexus between good governance, information dissemination and national development. Relying on descriptive methods based on relevant literatures and empirical facts, the paper enumerated some inextricable indices of good governance, espouses its importance and the impetus information dissemination provides for national development. The paper clearly explained the notion of good governance in the …

Timing Of Antiretroviral Therapy And Systemic Inflammation In Sub-Saharan Africa: Results From The Meta Longitudinal Cohort Study, Mark J. Siedner, Bosco M. Bwana, Stephen Asiimwe, Gideon Amanyire, Nicholas Musinguzi, Jose R. Castillo-Mancilla, Russell P. Tracy, Ingrid T. Katz, David Bangsberg, Multiple Additional Authors

OHSU-PSU School of Public Health Faculty Publications and Presentations

Chronic inflammation predicts complications in persons with human immunodeficiency virus infection. We compared D-dimer, soluble CD14, and interleukin 6 levels before and 12 months after antiretroviral therapy (ART) initiation, among individuals starting ART during earlier-stage (CD4 T-cell count >350/μL) or late-stage disease (CD4 T-cell count <200/ μL). Female sex, older age, viral load, and late-stage disease were associated with pre-ART biomarkers (n = 661; P < .05). However, there were no differences in biomarkers by disease stage after 12 months of ART (n = 438; P > .05), owing to loss from observation and greater declines in biomarkers in latestage initiators (P < .001). Earlier initiation of ART is associated with decreased inflammation, but levels seem to converge between earlier and later initiators surviving to 12 months.

Contract Creep, Tal Kastner, Ethan J. Leib

Scholarly Works

Scholars and judges think they can address the multiple purposes and values of contract law by developing different doctrinal regimes for different transaction types. They think if we develop one track of contract doctrine for sophisticated parties and another for consumers, we can build a better world of contract: protecting private ordering for sophisticated parties and protecting consumers’ needs all at once. Given the growing enthusiasm for laying down these separate tracks and developing their infrastructures, this Article brings a necessary reality check to this endeavor by highlighting for scholars and judges how doctrine in contract law functions in fact: …

Do You Believe In Ghost Apartments?, Michael Lewyn

Scholarly Works

According to the popular press, expensive cities are being overrun by "ghost apartments"- condominiums owned by wealthy foreigners, but used as investments rather than being rented out to local residents. This article points out that such apartments are in fact a very small percentage of housing supply, even in some cities that are supposedly overran with such condos. More importantly, the existence of new “ghost apartments” does not justify exclusionary zoning policies. If a city popular with foreign investors discourages construction of new housing, investors are likely to purchase older housing units, outbidding local residents for those units. In this …

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 …

Toward A Working Theory Of Queer Hypermedia: An Analysis Of Queer Textual Structures In Gone Home And What Remains Of Edith Finch, Cat Boers

Cal Poly Humboldt theses and projects

In this project, I analyze two video games, Gone Home (Fullbright Company 2013) and What Remains of Edith Finch (Giant Sparrow 2017), through a queer theoretical framework, focusing on three specific features of the games: 1) their status as open world games, 2) the agency given to players in interactions with objects, and 3) how ambiguous player-character identity is used to create a sense of estrangement in the player. I use these features to argue for a specifically queer theoretical approach to hypermedia, which is attentive to the process of how players create an identity for themselves within the game …

Evaluation Of Restoration Techniques And Management Practices Of Tule Pertaining To Eco-Cultural Use, Irene A. Vasquez

Cal Poly Humboldt theses and projects

Tule (Schoenoplectus sp.) is a native plant commonly used by California tribes and Indigenous people throughout the world (Macía & Balslev 2000). Ecological, social and regulatory threats to its use in contemporary Indigenous culture highlight major issues concerning natural resource management. My ancestral homeland, what is now Yosemite National Park, stands as a figurehead in the intersection of land management and Indigenous peoples. An important element of Traditional Ecological Management (TEM) for quality basketry materials is prescribed fire, an element western science is increasingly acknowledging for creating a more biodiverse and heterogeneous landscape. This research was conducted in Mariposa and …

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 …

Reclamation Through Alteration Of The Body: Heavily Tattooed Women’S Perceptions Of Self, Vanessa E. Smith

Cal Poly Humboldt theses and projects

Younger generations, and specifically women, are receiving tattoos in much larger numbers than ever before in the United States (Thompson 2015). However, this does not mean the stigma of tattoos has necessarily shifted. People get tattoos for a variety of reasons, and those reasons may vary by gender. Women are currently becoming heavily tattooed in much larger numbers compared to men (Thompson 2015). There is a lack of literature asking women why they choose tattooing as a form of body modification, and how it may help to define or express themselves. There continues to be a lack of research done …

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 …

Publishing For Transfer: Notes Toward An Editorial Pedagogy For The Transfer-Based Writing Program, Marcos A. Hernandez

Cal Poly Humboldt theses and projects

Scholarly journals dedicated to publishing first-year writing have cropped up at a number of four-year universities in the U.S. over the last two decades. Invariably established and run by the university’s writing program, these highly localized journals are meant to showcase the exemplary research and writing that students are doing in their introductory writing courses. Yet, while these publishing projects are nobly undertaken for students, the publications themselves are seldom edited by students. Here arises a golden opportunity for the transfer-based writing program to promote transfer of knowledge and practice in writing beyond the FYC course. This project argues that …

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 …

“There's No I In Team”: Student Athlete Identity At An Ncaa Division Ii University, Jovanah Arrington

Cal Poly Humboldt theses and projects

Student athletes hold a unique identity at colleges and universities all across the nation. They are tasked with the high demands and time constraints of being both a college level student and athlete. While there have been growing conversations about student athletes at Division I institutions, those pertaining to Division II student athletes remain minimal.

While student athletes have a great deal in common, they all come from different backgrounds that have contributed to who they are today. When arriving to college, these unique individuals are introduced to institutional power structures that constrain and control their identities and individuality. These …

Environmental Values Of California Winegrape Growers And The Use Of Barn Owls (Tyto Alba) As A Tool For Integrated Pest Management, Brooks R. Estes

Cal Poly Humboldt theses and projects

Landscape conversion and impacts of synthetic pesticides from agriculture pose threats to natural habitats critical to preserving biodiversity and ecosystem services. Pest management is a concern for all agriculture, and many conventional practices can negatively affect the environment through drift, runoff, and harming non-target species. Winegrapes are particularly at risk of damage from rodents, which can girdle vines and destroy root systems.

One alternative to reduce rodent numbers that has shown promise in agriculture is the use of barn owl (Tyto alba) boxes. The Johnson Lab at Humboldt State University has been researching barn owl behavior and ecology …

Understanding The Intersection Of Cannabis And Physical Activity, Lukas E. Coppen

Cal Poly Humboldt theses and projects

Cannabis use has been gaining wider social acceptance, and with increased legalization cannabis users are talking more openly about how and why they consume cannabis. Moreover, professional and non-professional athletes are openly discussing their cannabis use in training. There is a distinct lack of cannabis research in humans, particularly as it relates to physical activity (PA). PURPOSE: To understand how and why people use cannabis with PA as well as categorizing the preferred mode of PA users engage in. METHODS: Subjects (n = 101; with ages ranging from 18-55 years old) participated in an anonymous online survey if they reported …

Physical Therapist Views And Experiences With Patient Use Of Marijuana, Arturo De La O Basurto Jr.

Cal Poly Humboldt theses and projects

Conditions seen within physical therapy settings overlap with reasons that patients seek marijuana. For this reason, information about these professionals’ outlooks on patients’ marijuana use in prime. Purpose: Gain current views and experiences of physical therapists (PTs)/physical therapist assistants (PTAs) on their patients’ use of marijuana in the physical therapy field. Methods: PTs/PTAs were invited to complete an anonymous survey asking relative PT/PTA views, experiences, and understanding of patients’ marijuana use. Results: PTs/PTAs who have had experience (did not have experience) with patients who use marijuana received information about marijuana from news media - 61% (60%), patients …

Exploring Community Knowledge And Perceptions Of Flooding And Sea-Level Rise In King Salmon, California, Kristina Kunkel

Cal Poly Humboldt theses and projects

The coastal community of King Salmon, California could be at the highest risk of relative sea-level rise on the entire U.S. West Coast. In 2019, the community already experiences severe flooding at least annually and may be regularly inundated as early as 2050. Until this study, there had been no documented effort to reach out to the community to show them future sea-level rise projections, understand the context of life in King Salmon, and listen to their reactions and perceptions. This research utilized a mixed methods grounded theory approach integrating semi-structured interviews with King Salmon stakeholders, qualitative data analysis, public …

The Effects Of Social Media In The Overall Job Satisfaction Of School Administrators, Tiffany R. Maher

Cal Poly Humboldt theses and projects

Literature suggests school administrator shortages worldwide. A number of factors are blamed for this trend, one of which is overall job dissatisfaction. This case study examines the effects of social media on the overall job satisfaction of five school administrators in small town America. Through semi-structured interviews, this research indicates that school administrators in the study avoid reading the comments section of online news media forums. Research participants share their strategies of working proactively with the press, and they reveal how social media has changed their job. Social media has altered the landscape of what it means to be a …

Perception Of Nursing Education In Nepal: Meeting The Needs Of Nursing As Profession In A Global Health Care Community, Pamela Bellah

Cal Poly Humboldt theses and projects

The goal of this study was to examine 1) the overall perception of the nursing education system in Nepal, 2) identify opinions that examine the degree to which nursing education in Nepal meets the needs of nursing as a profession, and 3) identify opinions that examine if the standards of the nursing education in Nepal meet international standards. The broader goal was to develop and provide a body of information that governmental agencies and administrators could utilize to strategically plan for the future of nursing education in Nepal.

The purpose of this mixed method (quantitative and qualitative) study is to …