Venture Bearding, Benjamin P. Edwards, Ann C. Mcginley

Scholarly Works

“Venture bearding,” a term that we coin in this Article, describes processes of obscuring and covering socially stigmatized identities in business environments. This Article introduces distinctive identity performance strategies from the technology, startup, and venture capital context into the legal literature and discusses what their existence explains about business environments and capital formation. Venture bearding, as we use the term, describes behaviors that persons with contextually stigmatized identities adopt to access social status and capital. In some instances, women, who are stigmatized in this context, may employ men as front persons to conceal that the venture is an exclusively women-owned …

Mediator Burnout, Lydia Nussbaum

Scholarly Works

Being a mediator is hard work Mediators must make meaningful connections with individuals without over-stepping bounds of impartiality, manage emotions without becoming emotionally invested, and empower decision-making without undermining self-determination. Decades of research into occupational stress, also known as "burnout," indicates that mediators not only are susceptible to burnout, but also that the symptoms of burnout undermine fundamental principles of quality mediation. For example, a burned-out mediator may exhibit narrow and uncreative thinking, diminished capacity to regulate emotions, compromised decision-making, and deficits in attention and memory.

The prospect of mediator burnout not only threatens the quality of mediation, but it …

Fraud, Abuse, And Opioids, Stacey A. Tovino

Scholarly Works

This Article analyzes recent government enforcement actions involving two health care fraud and abuse authorities, including the federal Anti- Kickback Statute and the federal civil False Claims Act, in cases involving opioids.

Part II of this Article examines recent government enforcement actions involving the federal Anti-Kickback Statute, which prohibits (among other conduct) the exchange of remuneration for opioid prescriptions, patient referrals for drug testing services, and patient referrals for addiction treatment services if such prescriptions or services are reimbursed in whole or in part by a federal health care program.

Part III of this Article examines recent government enforcement actions …

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 …

Copyright And Geoblocking: The Consequences Of Eliminating Geoblocking, Marketa Trimble

Scholarly Works

Geoblocking has become a common companion of copyrighted content on the internet; even streaming services can make streamed copyrighted content available or unavailable according to the location of their users. There are various reasons for geographical restrictions on access to content; copyright issues are not the only reasons, but territorial limitations associated with copyright are significant – and sometimes the primary – reasons for implementing geoblocking. This article reviews the current relationship between copyright and geoblocking, particularly the role attributed to geoblocking in copyright law and law of personal jurisdiction in the United States and the European Union; it considers …

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 …

Broken Bodies And Broken Dreams: How Social Safety Net Programs Subsidize Professional Boxing And The Need To Improve Legal And Health Protections For Prizefighters, Robert I. Correales

Scholarly Works

This article explores the lack of basic health and insurance protections for professional boxing participants and proposes changes in policy that will reflect the dangerous nature of professional boxing and the modem cost of medical services. Recognizing that a legislative remedy may never arrive, this article also examines previously unexplored or underutilized legal doctrines such as tort and workers' compensation law that may provide an alternative to inadequate insurance protection, and suggests a more aggressive approach along those lines to compel fuller protection for prizefighters.

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, …

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, …

The Cultural Politics Of Dan Quayle And Mike Pence, Steve Sanders

Articles by Maurer Faculty

This essay was part of an Indiana Law Review symposium on the five U.S. vice presidents who have hailed from Indiana.

The Gallup polling organization classifies Indiana as a “pink” state, rather than a “red” state, meaning it leans Republican but is not solidly in the GOP column. Yet, if an image of Indiana persists in many people’s minds as a bastion of social conservatism and tradition, that image likely has been shaped in part by the two most recent vice presidents the Hoosier state has sent to Washington: Dan Quayle and Mike Pence.

In selecting their running mates, major …

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 …

Academic Librarians’ Experiences As Faculty Developers: A Phenomenographic Study, Michael Flierl, Clarence Maybee, Rachel Fundator

Communications in Information Literacy

Academic libraries are integral to the teaching and learning missions of colleges and universities. Yet, libraries continue to face substantial challenges in their work to advance student learning, especially regarding the sustainability and scalability of their instructional efforts. This paper describes a phenomenographic research project that investigated the varied experiences of Purdue University Libraries faculty members participating in the IMPACT faculty development program. The findings suggest that academic librarians are capable of acting as faculty developers who can engage faculty in conversations, which may or may not relate to information literacy, to advance student-centered teaching and learning environments.

Public Lands: Are U.S. Public Lands Unconstitutional?, John D. Leshy

The Judges' Book

No abstract provided.

Context-Aware Synthesis For Video Frame Interpolation, Simon Niklaus, Feng Liu

Computer Science Faculty Publications and Presentations

Video frame interpolation algorithms typically estimate optical flow or its variations and then use it to guide the synthesis of an intermediate frame between two consecutive original frames. To handle challenges like occlusion, bidirectional flow between the two input frames is often estimated and used to warp and blend the input frames. However, how to effectively blend the two warped frames still remains a challenging problem. This paper presents a context-aware synthesis approach that warps not only the input frames but also their pixel-wise contextual information and uses them to interpolate a high-quality intermediate frame. Specifically, we first use a …

When Pets Become Pests: The Role Of The Exotic Pet Trade In Producing Invasive Vertebrate Animals, Julie I. Lockwood, Dustin J. Welbourne, Christina M. Romagosa, Phillip Cassey, Nicholas E. Mandrak, Angela L. Strecker, Brian Leung, Oliver C. Stringham, Bradley Udell, Diane J. Episcopio-Sturgeon, Michael F. Tlusty, James Sinclair, Michael R. Springborn, Elizabeth F. Plenaar, Andrew L. Rhyne, Reuben Keller

Environmental Science and Management Faculty Publications and Presentations

The annual trade in exotic vertebrates as pets is a multi-billion- dollar global business. Thousands of species, and tens of millions of individual animals, are shipped both internationally and within countries to satisfy this demand. Most research on the exotic pet trade has focused on its contribution to native biodiversity loss and disease spread. Here, we synthesize information across taxa and research disciplines to document the exotic pet trade’s contribution to vertebrate biological invasions. We show recent and substantial worldwide growth in the number of non-native animal populations introduced via this invasion pathway, which demonstrates a strong potential to increase …

Deploying Natural Language Processing To Extract Key Product Features Of Crowdfunding Campaigns: The Case Of 3d Printing Technologies On Kickstarter, Nina Chaichi, Tim R. Anderson

Engineering and Technology Management Faculty Publications and Presentations

In the technology management field, informal source of information such as social media has been used for technology mining, leader user detection, and etc. However, usually unstructured nature of the informal information introduces some challenges. This study is part of an effort to automate key product features extraction from crowdfunding campaign's textual information, in order to analyze the effect of them on the decision-making process of crowdfunding backers. This paper intends to evaluate the performance of UDPipe R package and six keyword extraction techniques on candidate features selection from textual data of 3D printer campaigns on Kickstarter. In the end, …

Seropositivo: Queer Solidarity & Survival In Severo Sarduy’S Fiction, Huber Jaramillo Gil

Publications and Research

With the onset of the HIV epidemic, to prevent transmission, the Cuban government aggressively tested its sexually active population, sending infected people to live in quarantined sanitariums. It is in these establishments, in which an HIV-ridden Sarduy sets his last novel, entitled Pájaros de la playa (1993). Even as the reader witnesses the degradation and disintegration of sickened bodies, which the Nation rejected and discarded, Sarduy provides gender and sexual dissidents with a vision of themselves that does not compromise their queerness when confronting institutions of power. Instead, through subversion, appropriation and solidarity, he enacts a creative exploration of existence …

What Do Unions Want? When New York State’S Public Employee Unions Turned Down The Right To Strike, Marc Kagan

Publications and Research

In a 1977 package of proposed revisions of New York State’s “Taylor Law,” which governs public employee labor-management relations and prohibits work stoppages, unions were offered the right to strike, while managers would have gained the right to unilaterally change contract terms at expiration. In effect, this deal would have made state labor relations more similar to bargaining in private industry. Offered an expanded ability to strike, the municipal unions instead opted for defensive stability.

The Revolution Won’T Be Live Tweeted: On Jen Schradie’S “The Revolution That Wasn’T: How Digital Activism Favors Conservatives", Emily Drabinski

Publications and Research

Review of Jen Schradie's "The Revolution That Wasn't: How Digital Activism Favors Conservatives"

Technological Encounters In The Interculturality Of Istanbul's Recording Studios, Eliot Bates

Publications and Research

This essay questions what is cultural within a recording studio, and the extent to which interculturality could be a useful lens for examining studio encounters and by extension other forms of artistic-technological labor. As I will show, when the concept of interculturality surfaces it rarely is accompanied by a sufficiently nuanced concept of "culture", and additionally relies upon an assumption that the "inter-" is mapping an encounter between individuals representing discrete cultural units, typically defined in reductive demographic terms. Interculturality may be able to be partly recuperated, however, through a more flexible and realistic conceptualization of culture that is more …

Foodini Marketing Plan, Dave Sherman, Rita Snodgrass, Bharat Verma, Michael Oluwole, Oneshin Aiken

Engineering and Technology Management Student Projects

This plan provides the strategic direction for the rollout and marketing of the Foodini 2.0, the newest product from the Foodini division of Natural Machines. The Foodini 2.0 is the second 3D Food Printer produced by Natural Machines. The Foodini 1.0 was marketed exclusively to high end restaurants, with a small number released. The Foodini 2.0 builds on the Foodini 1.0 platform by adding an integrated oven and IoT functionality. With the Foodini 2.0, we will introduce subscription access to the new Foodini Design Library, as well as an option for customers to purchase individual designs. The Foodini 2.0 is …

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 …

Teoria Da Crise E A Queda Da Taxa De Lucro, David Harvey

Publications and Research

Abstract:

David Harvey’s article argues against the importance given to the law of the tendency of the rate of profit to fall (TRPF), suggest­ing that Marx derived the « law » under « draconian » assumptions and that Engels was far more enthusiastic about it than Marx, who never went back to the theory later in his life despite its evident incompleteness. Therefore, he argues, we should not take his the­oretical conclusions too far. In his view, Marx perceived crises as momentary and violent eruptions that resolve the existing contra­dictions which can be considered as opportunities of capitalist re­construction rather …

Sonic Hedgehog Is Expressed By Hilar Mossy Cells And Regulates Cellular Survival And Neurogenesis In The Adult Hippocampus, Luis E. Gonzalez-Reyes, Chia-Chu Chiang, Mingming Zhang, Joshua Johnson, Manuel Arrillaga-Tamez, Nicholas H. Couturier, Neha Reddy, Lev Starikov, Jeffrey R. Capadona, Andreas H. Kottmann, Dominique M. Durand

Publications and Research

Sonic hedgehog (Shh) is a multifunctional signaling protein governing pattern formation, proliferation and cell survival during embryogenesis. In the adult brain, Shh has neurotrophic function and is implicated in hippocampal neurogenesis but the cellular source of Shh in the hippocampus remains ill defined. Here, we utilize a gene expression tracer allele of Shh (Shh-nlacZ) which allowed the identification of a subpopulation of hilar neurons known as mossy cells (MCs) as a prominent and dynamic source of Shh within the dentate gyrus. AAV-Cre mediated ablation of Shh in the adult dentate gyrus led to a marked degeneration …

Critical Participatory Action Research: A Feminist Project For Validity And Solidarity, Michelle Fine, María Elena Torre

Publications and Research

We present critical participatory action research as an enactment of feminist research praxis in psychology. We discuss the key elements of critical participatory action research through the story of a single national participatory project. The project was designed by and for LGBTQIA+ (lesbian, gay, bisexual, trans, queer, intersex, asexual, plus) and gender expansive youth; it was called What’s Your Issue? We provide details of the research project, the dreams, desires, experiences, and structural precarity of queer and trans youth. We write this paper hoping readers will appreciate the complexities of identities; attend to the relentless commitment to recognition and solidarities; …

Modern Theoretical Approaches To Medieval Translation, Michelle R. Warren

Dartmouth Scholarship

This chapter explores some of the ways in which modern literary theory opens insights into medieval European translations. Rather than drawing a distinction between theoretical approaches that apply to medieval studies and those that do not, I will explore a few examples that might in turn inspire readers to their own insights. It is my hope that over time readers of this Companion to Medieval Translation will posit many more modern theoretical approaches to medieval translation than can be suggested here. We might even imagine that some of the particularities of medieval European theories of translation could themselves be codified …

Afterlives Of Indigenous Archives, Ivy Schweitzer, Gordon Henry Jr

Dartmouth Scholarship

Afterlives of Indigenous Archives offers a compelling critique of Western archives and their use in the development of “digital humanities.” The essays collected here present the work of an international and interdisciplinary group of indigenous scholars; researchers in the field of indigenous studies and early American studies; and librarians, curators, activists, and storytellers. The contributors examine various digital projects and outline their relevance to the lives and interests of tribal people and communities, along with the transformative power that access to online materials affords. The authors aim to empower native people to re-envision the Western archive as a site of …

The Pacific Sentinel, January 2019, Portland State University. Student Publications Board

The Pacific Sentinel

Editor: Jake Johnson

Articles in this issue include:

• Happy New Years From Times Square!;
• First Confirmed and Evidence of Dinosaurs in Oregon;
• Reduced Bus Fare for Low-Income Individuals;
• Village Model Design Exhibit;
• Yellow Vest Protest of PDX;
• The Sentinelese and John Allen Chau;
• The Heat Is on the Catholic Church;
• Fatal Thanksgiving Encounter with CPSO;
• After the Sixth Day;
• Still Fighting for Stonewall;
• A Student Sails the Seas;
• The Statue With a Voice;
• Red Clocks and Rising Anti-Abortion Laws;
• What Is Your Face Shape?;
• Library Archives;
• Mysteries, Murder, and Mayhem in 2018;
• Sun Ra Rises at PAM; and
• 2018 in …