Digital Commons Network^™

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 …

The Statewide Standard, 2019, College Of Education

The Statewide Standard

No abstract provided.

Remaking Friendship In Unlikely Places: Queer-Decolonial Educators And Connections Across Experience, Politics, And Pedagogy, Maureen Nicole Osborne

Doctoral Dissertations

Over the past decade, queer and trans advocacy has garnered increased attention in political, popular, and educational debates. The current prevailing models to explain and justify gender and sexual difference rely on understandings of selfhood that were developed in colonial, clinical, U.S., white, and middle-class cultural contexts. The cultural particularity of these most-accessible models has produced marginalization of queer and trans students and educators who have different understandings of gender and sexual difference. Queer-decolonial educators are individuals who are critical of colonial, Western understandings of gender, sexuality, and difference more broadly. These educators often work within contexts that do not …

Determinants Of Occupational Injuries Among Building Construction Workers In Kampala City, Uganda, Arthur Kiconco, Nathan Ruhinda, Abdullah Ali Halage, Stephen Watya, William Bazeyo, John C. Ssempebwa, Joseph Byonanebye

Biomedical Sciences Faculty Research and Publications

Background

Globally, about 1000 people die and close to 860,000 people sustain injury at work daily. Injury prevention and control require contextual evidence, although most studies in Uganda have focused on general causes. Factors associated with occupational injuries among building construction workers were assessed in this study.

Methods

A cross-sectional study among building construction workers was conducted in Kampala, Uganda. A standardized semi-structured questionnaire was used to collect data. Three hundred nineteen (319) participants were randomly and proportionately selected from 57 construction sites. Descriptive statistics were used to describe the variables while generalized linear modeling was used to estimate the …

Prefrontal-Accumbens Opioid Plasticity: Implications For Relapse And Dependence, Matthew C. Hearing

Biomedical Sciences Faculty Research and Publications

In addiction, an individual’s ability to inhibit drug seeking and drug taking is thought to reflect a pathological strengthening of drug-seeking behaviors or impairments in the capacity to control maladaptive behavior. These processes are not mutually exclusive and reflect drug-induced modifications within prefrontal cortical and nucleus accumbens circuits, however unlike psychostimulants such as cocaine, far less is known about the temporal, anatomical, and cellular dynamics of these changes. We discuss what is known regarding opioid-induced adaptations in intrinsic membrane physiology and pre-/postsynaptic neurotransmission in principle pyramidal and medium spiny neurons in the medial prefrontal cortex and nucleus accumbens from electrophysiological …

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 …

The Effect Of Interval Intensity On Time To Exhaustion During High Intensity Interval Training (Hiit) Running In Recreational Male Runners, Andrew M. Hahn

Cal Poly Humboldt theses and projects

High Intensity Interval Training (HIIT) has become extremely popular in recent years, however, current HIIT prescriptions lack guidelines regarding interval intensities and associated margins. The purpose of this study is to investigate Run Time to Exhaustion (Te) and provide insight regarding HIIT intensities for future aerobic exercise programming. Ten healthy adult male recreational runners (Age=22.9 ± 2.5 yr., Ht=1.72 ± 0.1m, BM=74.1 ± 7.4 kg) measured maximal oxygen consumption (VO2max) (52.4 ± 6.1ml/kg/min) with a graded exercise test (GXT). Running speed was determined using ACSM running equation for exercise metabolism. Protocols 1-3 were HIIT running sessions, and Protocol 4 was …

The Effects Of Group And Individual Based Physical Activity On Mood In Children With Intellectual Disabilities, Bunlong Hong

Cal Poly Humboldt theses and projects

This case study examines the effect of group-based and individual-based physical activity participation on mood in individuals with disabilities. The participant was age 14 during the study and diagnosed with Autism Spectrum Disorder (ASD). The participant engaged in individual and group based physical activities as part of a one week adapted physical activity program. Mood states were reported using the Intellectual Disability Mood Scale [IDMS] (Argus, Terry, Bramston, & Dinsdale, 2004), which is adapted from the Profile of Mood States [POMS] (Droppleman, Lorr, & McNair, 1992). The participant exhibited the iceberg profile - characterized by above average mood scores in …

The Effect Of Yoga On The Total Number Of Off-Task Behaviors For Children With Autism Spectrum Disorder, Ashley N. Jovick

Cal Poly Humboldt theses and projects

BACKGROUND: Autism spectrum disorder (ASD) is a complex developmental disability. Signs will usually appear during early childhood and affect a person’s ability to communicate and interact with others. ASD is defined by a certain set of behaviors and is a ‘spectrum condition’ that affects individuals differently and to varying degrees. Two major behaviors associated with ASD are poor motor skills and sensory activities.

PURPOSE: The purpose of this investigation is to examine the effectiveness of yoga on reducing off-task behaviors in children with Autism Spectrum Disorder.

METHODS: Off-task behavior data will be taken in Baseline and Intervention Phases. Video analysis …

Evaluation Of A 5-Session Community Based Physical Activity Education Program For Parents Of Children With Disabilities, Samantha L. Maritzen

Cal Poly Humboldt theses and projects

Children with disabilities are less likely to reach the daily recommendation (60 minutes) of physical activity a day. Parents of children with a disability play an important role in the amount of physical activity their child participates in but often lack the knowledge and skills necessary to facilitate physical activity opportunities. Therefore, the purpose of this study is to evaluate the feedback received from parents that participate in the parental physical activity education program. Participants included 8 parents of a child with a disability from the age of six to 14. The feedback from parents was assessed by a program …

Ya’ Xo Ch’Oyne’ Ch’O Yal T’ Sit-Te’ A Mentoring Model For The Hoopa Valley Tribe To Improve The Academic Performance Of Native American Students, Gregory J. Masten

Cal Poly Humboldt theses and projects

This thesis project details a mentoring model developed for the Hoopa Valley Tribe to improve the academic performance of Native American students. The subject of academic performance of Native American students encompasses many issues and barriers. While the barriers are many, the Hoopa Tribal Learning Center could not examinate all of the barriers, therefore a mentoring program was designed to help students navigate through the barriers by providing culturally appropriate, structured mentoring support. The Hoopa Mentoring Program was based on current mentoring research and the historical methodology of the traditional education model of the Hupa people. The program has shown …

Communities Towards Social Sustainability: A Case Study Of La'akea Permaculture Community And Lost Valley Education And Event Center, Richard Brett Olson

Cal Poly Humboldt theses and projects

In this research, I explore social practices that members of two intentional communities identified as contributing positively to their experiences and the functioning of their communities. Specifically, I examined the social practices that deal with conflict resolution/prevention, the decision making processes of consensus and sociocracy, and how knowledge about these practices is shared within the ecovillage context. The intention is to present how community members develop and use these social practices to live together more harmoniously and authentically by utilizing activities and techniques to help mediate and resolve conflicts and make decisions collectively.

In order to investigate these questions I …

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 …

Effects Of A Physical Activity Educational Program On Parents Self-Efficacy For Facilitating Independent Physical Activity For Their Children With Disabilities, Dahnika Y. Romero

Cal Poly Humboldt theses and projects

Children and youth with disabilities have a higher risk of obesity than typically developing peers in part due to low physical activity levels. Increasing physical activity can increase children's’ health related quality of life, psychological well-being, and contribute to the prevention or delay of chronic diseases. One way to increase physical activity is by getting parents involved as facilitators of activity but they do not always have the skills to do so. Therefore, the purpose of this study was to investigate the effects of a 5-session physical activity educational program on parental self-efficacy for facilitating independent physical activity for their …

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 …

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 …

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 …

Consensual Non Monogamy In Humboldt County: An Exploration Of Jealousy, Intimacy, And Emergent Relational Ideologies, Isaac W. Torres

Cal Poly Humboldt theses and projects

Consensual non-monogamy (CNM) is an umbrella term for any agreed-upon sexual or emotional non-exclusive relationship. This study looks at the challenges experienced by people practicing CNM in Humboldt County. I interviewed 12 people with insight into what it is like to live and love in multi-partnered relationships. The results suggest that jealousy, communication, and vulnerability were required to successfully navigate CNM and reimagine intimacy. Reimagining intimacy was contingent on rewriting the feeling rules associated with jealousy and all the underlying emotions that tend to be intricately woven into jealousy. These feelings are fear of abandonment, fear of inadequacy, anger, resentment, …

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 …

Get The Fuck Out For A Positive Identity, Bryan Sherburne

Cal Poly Humboldt theses and projects

The present work examined the conditions under which political partisans would desire to schism from their political party. Drawing on uncertainty-identity theory, the social identity theory of leadership, and the literature on schism, this thesis predicted that under conditions of high uncertainty, partisans would be less likely to schism from their party because they would be willing to accept limits to their voice from political leaders. A broad sample of California Republicans (N = 218) and Democrats (N = 249) were examined using the pretense of either support for or opposition to legislation on DACA enacted by the …

The Relationship Between Personality Characteristics And Creativity On Judgements Of Facial Attractiveness, Zhelin Wu

Cal Poly Humboldt theses and projects

People may or may not realize that when they meet a physically attractive person, they are more likely to evaluate him or her as a smart and positive person compared to a less attractive person in the absence of other features besides physical attractiveness. This attractive halo effect has influenced multiple areas that include the job market, dating, and academic success. However, it is possible for other factors, such as one’s creativity and personality to affect one’s judged attractiveness level. The purpose of this study is to investigate the impact of facial attractiveness, creativity, and warm-cold personality characteristics when judging …

The Effects Of Oral Contraceptives On Mood And Affect: A Meta-Analysis, Erica M. Motter

Cal Poly Humboldt theses and projects

Combined oral contraceptive (COC) pills are widely used by women of reproductive age, but there is still little conclusive evidence that exists about the mood-related side effects associated with their use. This meta-analysis examined the relationship between oral contraceptive use and mood effects such as depression and anxiety to determine what role, if any, that COCs may have in the worsening or improvement of women’s mood when taking them. Effect sizes compared the differences in women’s mood scores before taking COCs and after one or more cycles of use. Seventeen studies made up of 25 individual samples contributed 71 effect …

Masculine Norms, Psychological Symptom Severity, And Intentions To Seek Formal Help In Male College Students, Zahra S. Shine

Cal Poly Humboldt theses and projects

Research has consistently found men to be less likely than women to seek help for mental health symptoms. Additionally, greater symptom severity is related to higher levels of help seeking, although this relationship is less clear among men. Greater conformity to masculine norms may help to explain the relationship between symptom severity and help seeking among men. The present study aimed to further research on men’s help-seeking by examining whether conformity to masculine norms would moderate the relationship between symptom severity and help-seeking intentions in male college students (N = 89). A multiple regression analysis was conducted with all …

Physical Activity And Youth With Hearing Impairments: A Review, Ellen G. Luce-Mckay

Cal Poly Humboldt theses and projects

Objectives: The purpose of this review was to analyze the literature regarding physical activity and children with hearing impairments.

Methods/Inclusion Criteria: The inclusion criteria of this review were articles from 2006-2018, with the population of children 4-18 years old with hearing impairments, and with the study involving components related to physical activity.

Summary: Children with hearing impairments tended to have lower physical activity levels and spent more time sedentary than typically developing peers. Compared to children with other disabilities, children with hearing impairments participated more, but still didn’t meet physical activity recommendations. Children with hearing impairments have demonstrated poorer balance …

Eye Movements For Learned Faces, Mariah Lehnertz

Cal Poly Humboldt theses and projects

Humans demonstrate a perceptual specialization for faces that is astonishing. This project attempts determine if and where within the perceptual process face perception and face recognition diverge at the level of eye movement behaviors. Participants were exposed to a series of 36 faces, of which six were randomly selected to be learned over five subsequent exposures; thus the same face identities served as both the novel faces (block 1) and the learned faces (block 5), allowing for the measurement of eye gaze patterns during initial face perception (novel) and face recognition (learned). These six faces were randomly assigned to different …

Addressing Divergent Audiences In Conservation Communication: An Examination Of Land Trust Websites In Northern California, Tova Fleming

Cal Poly Humboldt theses and projects

In a world rich with a diversity of stories and values, successful conservation must not rely on everyone thinking and feeling the same way. Values are the foundation of the cognitive hierarchy of human behavior and are relatively fixed and unlikely to change. As a result, environmental communication that is reliant on a particular set of values may cause polarization around conservation issues. The reasoned action approach offers a way to explore communication techniques that address the cognitive hierarchy of human behavior at its most malleable point, behavioral intentions. Because land trusts work with historically divergent audiences who are often …

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 …