Digital Commons Network^™

Reforming Service Of Process: An Access-To-Justice Framework, Andrew C. Budzinski

University of Colorado Law Review

Over the past few decades, the number of pro se litigants in state civil courts has risen exponentially-between 75 percent and 90 percent of litigants in family law cases, landlordtenant disputes, and small claims actions did not have a lawyer in 2015. Procedural rules governing those proceedings, however, often impose requirements that disproportionately burden unrepresented litigants, fail to optimally protect the due process rights of those parties, and thereby deny them access to justice. Rules governing service of process illustrate this problem by requiring litigants to find a third party to hand-deliver court papers to a defendant directly or to …

Powerful Speakers And Their Listeners, Helen Norton

University of Colorado Law Review

No abstract provided.

The Macguffin And The Net: Taking Internet Listeners Seriously, Derek E. Bambauer

University of Colorado Law Review

To date, listeners and readers play little more than bit parts in First Amendment jurisprudence. The advent of digital networked communication over the Internet supports moving these interests to center stage in free speech doctrine and offers new empirical data to evaluate the regulation of online information. Such a shift will have important and unexpected consequences for other areas, including ones seemingly orthogonal to First Amendment concerns. This Essay explores likely shifts in areas that include intellectual property, tort, and civil procedure, all of which have been able to neglect certain free speech issues because of the lack of listener …

Data Subjects' Privacy Rights: Regulation Of Personal Data Retention And Erasure, Alexander Tsesis...

University of Colorado Law Review

No abstract provided.

A Constitutional Call To Arms, Hon. Carlos F. Lucero

University of Colorado Law Review

No abstract provided.

Environmental Gentrification, Sarah Fox

University of Colorado Law Review

Gentrification is a term often used, much maligned, and difficult to define. A few general principles can nonetheless be distilled regarding the concept. First, gentrification is spurred by rising desirability of an area for housing or commercial purposes. Second, this rising desirability, following basic supply-and-demand principles, leads to higher property values and rents in an uncontrolled market. Third, gentrification leads to a shift in the demographics of a neighborhood. This shift can change not only the socioeconomic and racial composition of the area but also the community's character, as residential and commercial options begin to reflect the preferences of the …

Reviving The Environmental Justice Potential Of Title Vi Through Heightened Judicial Review, Rachel Calvert

University of Colorado Law Review

Title VI of the Civil Rights Act has unrealized potential to correct the racialized distribution of environmental hazards. The disparate impact regulations implementing this sweeping statute target the institutional discrimination that characterizes environmental injustice. Agency decisions routinely deny claims that federal funds are contributing to projects that disproportionately pollute minority communities, allegedly in violation of Title VI disparate impact regulations. These dismissals are effectively final, as trends in civil rights jurisprudence have essentially foreclosed would-be litigants' opportunities for meaningful judicial review. Their last remaining avenue for recourse is to trigger an arbitrary and capricious review of agency actions, but the …

The Save America's Pastime Act: Special-Interest Legislation Epitomized, Nathaniel Grow

University of Colorado Law Review

Buried deep within the 2,232-page omnibus federal spending bill passed by Congress in March 2018 was an obscure, halfpage provision entitled the "Save America's Pastime Act" (SAPA). The SAPA was inserted into the spending bill at the last minute at the behest of Major League Baseball (MLB) following several years-and several million dollars' worthof lobbying efforts. MLB pursued the legislation to insulate its minor league pay practices from legal challenge after they had become the subject of a federal class action lawsuit alleging that the league's teams failed to pay minor league players in accordance with the Fair Labor Standards …

From Aspirational To Prescriptive Capacity Building: Post-Conflict States, Rule Of Law, And Hybrid International Justice, Daimeon Dean Shanks

University of Colorado Law Review

Mass-atrocity crimes present unique accountability challenges, challenges that are often exacerbated by the social and political conditions that facilitated the commitment of the crimes in the first place. International accountability mechanisms were developed to address these obstacles by providing a means of holding individuals accountable for international crimes when their host states were incapable of doing so or unwilling to do so. The first iteration of these tribunals, the international military tribunals, gained prominence following World War II, and a second-generation of non-military international tribunals were created in response to the mass atrocities committed in the former Yugoslavia and Rwanda. …

Plea Bargaining: From Patent Unfairness To Transparent Justice, Mirko Bagaric, Julie Clarke, William Rininger

Missouri Law Review

No abstract provided.

Conditional Innocence And The Myth Of Consent: The Subtle Coercion Of Cercla’S Contiguous Property Owner Protection, Trayce Hockstad

Missouri Law Review

No abstract provided.

A New Look At The Ada’S Undue Hardship Defense, Nicole Buonocore Porter

Missouri Law Review

No abstract provided.

Intent Or Opportunity? Eighth Circuit Analyzes Intent Element Of Generic Burglary, Rachel Mitchell

Missouri Law Review

No abstract provided.

Made In The Midwest: Missouri’S Puppy Mill Problem And How It Should Be Fixed, Bailey M. Schamel

Missouri Law Review

No abstract provided.

The Eighth Circuit Further Complicates Plaintiff Standing In Data Breach Cases, Aaron Wynhausen

Missouri Law Review

No abstract provided.

Experimental Applications Of Virtual Reality In Design Education, Amber Bartosh, Phillip Anzalone

Publications and Research

By introducing rapid reproduction, algorithms, and complex formal configurations, the digital era of architecture began a revolution. Architects incorporated the computational capacity of the computer into the design process both as a tool and as a critical component of the theories and practice of architecture as a whole. As we move into what has been coined “the second digital turn,” a period in which digital integration is considered ubiquitous, how can we consider, prepare, and propel towards the next technological innovation to significantly inform design thinking, representation, and manifestation? What tools are available to investigate this speculative design future and …

Extending The Apprenticeship Of Observation: How Mentee Experience Shape Mentors, Christina J. Lunsmann, Jori S. Beck, Derek R. Riddle, Chyllis E. Scott, Amy B. Adkins

Teaching & Learning Faculty Publications

Although the importance of mentor teachers in clinical teacher preparation is well established, few researchers explore the social identity development of these individuals. Through our study we contribute to the body of research by exploring mentor teachers' social identity development through the concept of Apprenticeship of Observation - specifically, how they felt their own mentoring experiences influenced their approaches to mentoring. The multi-case study includes findings about mentoring beliefs and practices during the laboratory school component of an Alternate Route to Licensure program. Incorporating semi-structured interviews and video analysis, the findings demonstrate how four mentor teachers' prior experiences as mentees …

Learning With Mobile Devices, Helen Crompton, John Traxler

Teaching & Learning Faculty Publications

The concept of learning with small portable computers was developed by Alan Kay in 1972. Since that early conception, scholars, such as Traxler, Sharples, and Soloway are the pioneering scholars who paved the way to a better understanding of the philosophical, pedagogical, and conceptual underpinnings of mobile learning today. In this chapter, an overview is provided to explicate the initial foundations of the emerging field of mobile learning (mlearning). Next, current scientific knowledge is delineated with explicit references to the early scholars. This chapter concludes with a preview of the future research directions in mobile learning.

A Review Of Equine Laminitis: Risk Factors And Predispositions, Molly C. Henion

Honors Theses and Capstones

Equine laminitis is a disease of the hoof characterized by inflammation or disruption of the sensitive and insensitive laminae located within the hoof. These structures are responsible for maintaining a secure connection between the third phalanx (P3) and the hoof wall. Damage to these laminae can weaken the attachment between the hoof wall and P3, causing separation and eventual rotation of P3. Equine laminitis can result from multiple triggers, but the most commonly seen cases of the disease are those which are related to endocrinopathy and metabolic related issues. This review will focus on determining the metabolic risk factors associated …

A Holistic View Of Identity Theft Tax Refund Fraud, Andrew J. Hultgren

Honors Theses and Capstones

This thesis attempts to explain what identity theft tax refund fraud is and how the issue has developed over the years. It presents a holistic, historic view of the problem as well as how it has been addressed. It primarily relies on reports from the Internal Revenue Service (IRS), Treasury Inspector General for Tax Administration (TIGTA), Government Accountability Office (GAO) and National Taxpayer Advocate (NTA) in its assessment. It does not examine foreign tax administrations’ methods of dealing with identity theft refund fraud or the extent of the issue in other principalities, and therefore this is an area in need …

Charged Particle Filter For Entrance Of Imap-Lo, Daniel Abel

Honors Theses and Capstones

No abstract provided.

Employee Volunteer Program In The Eyes Of College Students, Diep Thi Ngoc Tran

Honors Theses and Capstones

The purpose of this study is to understand University of New Hampshire (UNH) students’ opinions about Employee Volunteer Program (EVP), especially what value they place upon EVP and what they are looking for in an ideal EVP. Based on the background and context of EVP among Millennials recently, the paper raises questions about EVP’s value to students generally and how factors like past volunteering experience, gender, and occupation/majors impact students’ valuation of EVP. Data collected from this research leads to several conclusions. Although many students do not fully understand EVP, most of them have positive opinions of the program, leaving …

The Ethics Of Identifiers And Causal Relations In Journalism, Alycia Wilson

Honors Theses and Capstones

The AP Stylebook, a guide used by many journalism organizations to inform editorial decision making, says identifiers such as race should be included in news stories when "pertinent." But how do we determine when an identifier is pertinent? My analysis of news stories demonstrates that sometimes identifiers can suggest a causal relation between an identity and an event. For example, journalists will identify race in any story involving a white police officer shooting a black suspect, even if the facts of the story suggest that the shooting was justified. Journalists also widely reported the sexual orientation of the victims in …

Connecting Composting And Greenhouses: An Energy Capture And Usage Model, Dena M. Hoffman

Honors Theses and Capstones

At the Organic Dairy Research Farm in Lee, New Hampshire, the practice of aerated static composting is researched for potential heat capture. In early 2019, an Excel model was created to illustrate the ability of greenhouses to retain heat during a cold month of January and the total energy balance for each day. This model shows that an average greenhouse, based on the dimensions of the greenhouse at Kingman Farm, requires an additional, external heat source to supplement its heating needs. By adding the heat generated by the aerated static composting pile to the greenhouse in the Excel model, the …

Conditioning Citizenship Benefits On Satisfying Citizenship Obligations, Michael S. Kirsch

Journal Articles

Citizenship status is often discussed in terms of both its benefits and its obligations. A recently enacted federal statute ("the FAST Act"), which denies U.S. passports to certain citizens who owe significant unpaid taxes, provides an opportunity to examine the linkage between citizenship benefits and obligations. In particular, it raises the question under what circumstances, if any, should the benefits of citizenship be conditioned on compliance with the obligations of citizenship.

This Article identifies a typology for situating unpaid taxes within other circumstances under which passports may be denied to US. citizens. It then focuses on the instrumental, constitutional, and …

Drivers Of International Variation In Prevalence Of Disabling Low Back Pain: Findings From The Cultural And Psychosocial Influences On Disability Study, David Coggon, Georgia Ntani, Keith T. Palmer, Vanda E. Felli, Florencia Harari, Leonardo A. Quintana, Sarah A. Felknor, Marianela Rojas, Anna Cattrell, Muhammad Masood Kadir

Community Health Sciences

Background: Wide international variation in the prevalence of disabling low back pain (LBP) among working populations is not explained by known risk factors. It would be useful to know whether the drivers of this variation are specific to the spine or factors that predispose to musculoskeletal pain more generally.
Methods: Baseline information about musculoskeletal pain and risk factors was elicited from 11 710 participants aged 20-59 years, who were sampled from 45 occupational groups in 18 countries. Wider propensity to pain was characterized by the number of anatomical sites outside the low back that had been painful in …

Foreign Affairs, Kevin G. Brolley

Electronic Theses and Dissertations 2010 - 2019

“Foreign Affairs” is a collection of travel related essays that have been crafted through reflection from my long experience traveling the world. Together, they are an attempt to describe what was in my mind as I was living through these times and events. They are entirely nonfiction.

Examining The Relationships Between Neighborhood Socioeconomic Status And Drinking Water Quality: Identifying Inequities In Palm Beach County, Florida, Meagan L. Weisner

Electronic Theses and Dissertations 2010 - 2019

Water treatment facilities across the United States are known for providing high-quality drinking water to their residents. However, differences in treatment methods, aging infrastructure, and outdated household plumbing may affect the quality of drinking water by the time it reaches the consumer’s tap. Palm Beach County, Florida, is an area with large socioeconomic contrasts where some families live in dilapidated structures and others reside in luxurious, gated communities. This research highlights the variation of household water quality by determining metal concentrations in tap water samples in communities of different socioeconomic status. In addition, interviews were conducted with personnel from five …

Exploring The Social Process Of Caregiving In Fathers: A Grounded Theory Study, Ashley Rivera

Electronic Theses and Dissertations 2010 - 2019

The global agenda for gender equality recognizes unpaid domestic caregiving in the home as the largest barrier to gender equality. The purpose of this constructivist grounded theory study was to explore the social process of caregiving in fathers and identify the patterns that influence caregiving in fathers. Recruited from multiple community settings, thirty-five fathers participated in intensive interviews with the investigator. Guided by the Swanson’s (2013) Theory of Caring and using iterative categorization during data analysis, this study proposed the action-based Caregiving in Fathers Theory. The three main themes of the theory are Reinventing the Kitchen Table, Creating a Home …

Flexible Attentional Prioritization Of Working Memory Object Representations, Paige Pytel

Electronic Theses and Dissertations 2010 - 2019

Working memory (WM) is an important cognitive function that, among other duties, allows temporary storage of visual representations of objects observed in the sensorium. The visual aspect of this core cognitive function enables our perception of the identity of objects and where those objects are located in space at any particular time to help direct attention. In a typical working memory task, a cue is presented beforehand to guide attention to which objects in an array to encode. The performance of our WM abilities can be improved on memory tasks by a retrospective cue resented after the encoding process of …