Digital Commons Network^™

Concert Recording 2019-03-09a, Austin Mcfarland, Landon Cole, Victoria Ledbetter, Samantha Ellis, Jenny Chang, Benjamin Cook, Carson Vanduch, Shelby Swanson-Williams, Connor Gott

Concert Recordings & Programs

[00:00]. Duo sonata / Gregory Wanamaker -- [05:53 ]. Aulos - In memorium a Debussy / Ivana Loudova -- [09:13]. Strange humors / JohnMackey -- [14:16]. Circus parade / Pierre Max Dubois -- [26:44]. Parable XI for solo alto saxophone / Vincent Persichetti -- [32:54]. Three preludes / George Gershwin ; arranged by Ryan Reynolds.

Concert Recording 2019-04-17, Jenny Chang, Tomoko Kashiwagi, Nathan Barker, Cadi Stair, Kaleigh Alwood, Madeline Kendall, Jawad Almandri-Lage, Hakim Almandri-Lage, Erica Wilson, Henry Runkles, Alexandria Holcomb, Lily Fuentes, Miroslava Panayotova, Samantha Ellis, Rosabelle Zhou, Alexandra Atherton, Karen Carlon, Alexis Massey, Kerry Myers, Benjamin Cook, Manchusa Loungsangroong, Austin Mcfarland, Catherine Albrecht, Alicia Contreras

Concert Recordings & Programs

[00:00]. Rotation #2 / Eric Sammut -- [04:35]. Pines of Rome mvt 1 / Ottorino Respighi -- [07:35]. Chart #2 / Fernando Valencia -- [10:27 ]. Chopstakovich / Jesse Sieff -- [13:49]. Drei Skizzen mvt. III / Matthias Schmitt -- [17:17]. Sonata no. 1 for G in violoncello. Prelude ; Sarabande ; Courante / J.S. Bach -- [23:36]. #1 from Douze Etudes / Jacques Delecluse -- [25:35]. The offering / Michael Burritt -- [29:09]. Prelude and blues / Ney Rosauro -- [32:07]. Danny boy / traditional ; arranged by Brian Mueller -- [36:59]. Ransom / Mark Ford -- [44:26]. Sonata …

A Common-Sense Defense Of Janus: Forthcoming Changes In The Public Sector, Maria O'Brien

Faculty Scholarship

Many scholars and others have, for some time now, been calling attention to the alarming growth in post-employment and other benefits for unionized employees in the public sector. ¹⁷ A fairly well-understood phenomenon is thought to explain the inability of state and local governments to resist outsized demands from their public unions. As ¹⁸ Is and others ¹⁹ have argued, the central problem with public sector unions is that they find it easy to capture their employers (taxpayers) in ways that private sector unions cannot. The role played by often eager and feckless elected officials in this process has also …

"I'M Leavin' It (All) Up To You": Gundy And The (Sort-Of) Resurrection Of The Subdelegation Doctrine, Gary S. Lawson

Faculty Scholarship

In 2000, Cass Sunstein quipped that the conventional nondelegation doctrine, which holds that there are judicially enforceable constitutional limits on the extent to which Congress can confer discretion on other actors to determine the content of federal law, “has had one good year, and 211 bad ones (and counting).”1 The “one good year,” he said, was 1935, when the Court twice held unconstitutional certain provisions of the National Industrial Recovery Act that gave the president power to approve or create codes of conduct for essentially all American businesses, subject only to very vague, and often contradictory, statutory exhortations to pursue …

Review Of Extraordinary Racial Politics By Fred Lee, Robert L. Tsai

Faculty Scholarship

The goal of Fred Lee in Extraordinary Racial Politics is to explicate a recurring form of political activity that is distinct from either revolutionary politics that convulse the entire polity or normal politics that yield formal laws and institutions. Between these phenomena, he describes a political experience that can be “unusual, episodic, intensive, decisive, and transformative” yet leaves its mark on a polity (p. 2). Lee is less concerned with the laws on the books than he is with an informal set of potent racial formations that are both sticky and generative: sometimes they are partly codified (as with legal …

Affirmative Action, David Oppenheimer, Angela Onwuachi-Willig, Nancy Leong

Faculty Scholarship

There are consistent messages to people of color about their proper place in
/="/">society, which has always been a really important tool for maintaining and
/="/">advancing white supremacy. Referring back to what Professor Haney-Lopez
/="/">asserted earlier today, in today’s post-civil rights society, few people would
/="/">argue in favor of segregation in racial terms explicitly so. And few people would
/="/">assert that Blacks, for example, do not belong in certain places. However,
/="/">opponents of affirmative action have begun to articulate a form of these
/="/">arguments as an add-on to the mismatch theory. In the …

Justifying Copyright In The Age Of Digital Reproduction: The Case Of Photographers, Jessica Silbey

Faculty Scholarship

This Article explores the justification for copyright from two sources: seminal court cases and accounts from photographic authors. It takes as its premise that copyright protection requires justification, not only because creative work is frequently made and disseminated without reliance on copyright, but because, in the age of digital technology, practices of creative production and dissemination have sufficiently changed to question the existing contours of the forty-year-old Copyright Act. Why read the photographers’ stories alongside the court cases? Each present contested views of copyright’s relation to creativity. At times, the photographers’ accounts and the case law strengthen and reinforce each …

The Inconsentability Of Facial Surveillance, Evan Selinger, Woodrow Hartzog

Faculty Scholarship

Governments and companies often use consent to justify the use of facial recognition technologies for surveillance. Many proposals for regulating facial recognition technology incorporate consent rules as a way to protect those faces that are being tagged and tracked. But consent is a broken regulatory mechanism for facial surveillance. The individual risks of facial surveillance are impossibly opaque, and our collective autonomy and obscurity interests aren’t captured or served by individual decisions.

In this article, we argue that facial recognition technologies have a massive and likely fatal consent problem. We reconstruct some of Nancy Kim’s fundamental claims in Consentability: Consent …

The Pathologies Of Digital Consent, Neil M. Richards, Woodrow Hartzog

Faculty Scholarship

Consent permeates both our law and our lives — especially in the digital context. Consent is the foundation of the relationships we have with search engines, social networks, commercial web sites, and any one of the dozens of other digitally mediated businesses we interact with regularly. We are frequently asked to consent to terms of service, privacy notices, the use of cookies, and so many other commercial practices. Consent is important, but it’s possible to have too much of a good thing. As a number of scholars have documented, while consent models permeate the digital consumer landscape, the practical conditions …

The Unique Jurisdiction Of The African Court On Human And People's Rights: Protection Of Human Rights Beyond The African Charter, Yakaré-Oulé (Nani) Jansen Reventlow, Rosa Curling

Emory International Law Review

The African Court on Human and Peoples¿ Rights (the Court) is explicitly mandated to consider violations under any relevant human rights instruments as ratified by the concern Member States under Article 3 of the Protocol to the African Charter on Human and Peoples¿ Rights on the Establishment of an African Court on Humans and Peoples¿ Rights (the Protocol). This Article summarizes the legal mandate given to the Court by the Protocol, provides an overview of the Court¿s case law as it relates to the interpretation of this mandate, argues that the Court does not yet have a consistent approach on …

Deporting Dreamers As A Crime Against Humanity, William Thomas Worster

Emory International Law Review

Much has been written about the 'DREAMers' (Dreamers) and their moral claim to a right to remain in the United States and the legal mechanisms by which such a moral right might be realized. What has not been explored is whether their removal from the United States might implicate international law, and, specifically, whether it would constitute a crime against humanity. On its face, it seems to be an outrageous claim: that deporting non-citizens from a state would be a criminal act. International law protects a State's ability to remove unlawfully present aliens. This is not in debate. The argument …

Three Decades Of On-Road Mobile Source Emissions Reductions In South Los Angeles, Gary A. Bishop

Fuel Efficiency Automobile Test Publications

In May of 2018, the University of Denver repeated on-road optical remote sensing measurements at two locations in Lynwood, CA. Lynwood area vehicle tailpipe emissions were first surveyed in 1989 and 1991 because the area suffered with a large number of carbon monoxide (CO) air quality violations. These new measurements allow for the estimation of fuel specific CO and total hydrocarbon (HC) emissions reductions, changes in the longevity of emission-control components, and the prevalence of high emitters in the current fleet.

Since 1989 CO emissions decreased approximately factors of 10 (120 ± 8 to 12.3 ± 0.2 gCO/kg of fuel) …

Understanding Support Network Capacity During The Transition From Foster Care: Youth-Identified Barriers, Facilitators, And Enhancement Strategies, Jared Best, Jennifer E. Blakeslee

School of Social Work Faculty Publications and Presentations

This study explores how foster care experiences can impact support network functionality as young people exit the foster care system. This can be conceptualized as a function of both network member capacity to provide adequate support to address young adult needs, and network stability, which reflects cohesion within and across relationships to facilitate consistent support over time. We conducted support network mapping and semi-structured interviews with youth in foster care aged 16–20 (N = 22) and used theoretical thematic analysis to explore support barriers and facilitators in relation to the organizing concepts of support capacity and network stability. Overall, support …

Teaching Jurisprudence In A Catholic Law School, Jeffrey A. Pojanowski

Journal Articles

This essay is a contribution to a symposium on John Breen and Lee Strang's forthcoming book, A Light Unseen: A History of Catholic Legal Education in the United States. Breen and Strang's book offers not just a history, but a program for the future of Catholic legal education. Their program places the teaching of jurisprudence and the natural law tradition at the center of Catholic legal education. This essay draws on lessons from teaching jurisprudence at Notre Dame Law School which, in delightfully countercultural fashion, is one of the few remaining law schools in the nation that require jurisprudence. It …

Can Place-Based Teacher Preparation Be Culturally Responsive? An Exploration Of One Promising Program, Shondra L. Marshall

Master's Theses and Doctoral Dissertations

This qualitative dissertation explored the perceptions of three teacher candidate/alumni who were in a teacher preparation program. The three teacher candidate/alumni shared their experiences and readiness to teach culturally diverse students in K-12 settings. This study also examined the development of a teacher preparation program at a Midwest university. In addition to the voices of the three teacher candidate/alumni, the perspectives of three program developers were also engaged and analyzed. A top-down and open-coding method of data analysis was used in this study. A mini exploratory case study research design was utilized, and participants were interviewed using a semi-structured interview …

Active Learning In Computer-Based College Algebra, Steven Boyce, Joyce O'Halloran

Mathematics and Statistics Faculty Publications and Presentations

We describe the process of adjusting the balance between computerbased learning and peer interaction in a college algebra course. In our first experimental class, students used the adaptive-learning program ALEKS within an emporium-style format. Comparing student performance in the emporium format class with that in a traditional lecture format class, we found an improvement in procedural skills, but a weakness in the students’ conceptual understanding of mathematical ideas. Consequently, we shifted to a blended format, cutting back on the number of ALEKS (procedural) topics and integrating activities that fostered student discourse about mathematics concepts. In our third iteration using ALEKS, …

A Bayesian Nonparametric Multiple Testing Procedure For Comparing Several Treatments Against A Control, Luis Gutiérrez, Andrés Barrientos, Jorge González, Daniel Taylor-Rodríguez

Mathematics and Statistics Faculty Publications and Presentations

We propose a Bayesian nonparametric strategy to test for differences between a control group and several treatment regimes. Most of the existing tests for this type of comparison are based on the differences between location parameters. In contrast, our approach identifies differences across the entire distribution, avoids strong modeling assumptions over the distributions for each treatment, and accounts for multiple testing through the prior distribution on the space of hypotheses. The proposal is compared to other commonly used hypothesis testing procedures under simulated scenarios. Two real applications are also analyzed with the proposed methodology.

Deep Learning Based Topology Guaranteed Surface And Mme Segmentation Of Multiple Sclerosis Subjects From Retinal Oct, Yufan He, Aaron Carass, Yihao Liu, Bruno Jedynak, Sharon D. Solomon, Shiv Saidha, Peter A. Calabresi, Jerry L. Prince

Mathematics and Statistics Faculty Publications and Presentations

Optical coherence tomography (OCT) is a noninvasive imaging modality that can be used to obtain depth images of the retina. Patients with multiple sclerosis (MS) have thinning retinal nerve fiber and ganglion cell layers, and approximately 5% of MS patients will develop microcystic macular edema (MME) within the retina. Segmentation of both the retinal layers and MME can provide important information to help monitor MS progression. Graph-based segmentation with machine learning preprocessing is the leading method for retinal layer segmentation, providing accurate surface delineations with the correct topological ordering. However, graph methods are time-consuming and they do not optimally incorporate …

Multi-Partner Fertility In A Disadvantaged Population: Results And Policy Implications Of An Empirical Investigation Of Paternity Actions In St. Joseph County, Indiana, Margaret F. Brinig, Marsha Garrison

Journal Articles

In this paper, we report data on multi-partner fertility (MPF) in a population of children and parents for whom paternity actions were brought, in 2008 or 2010, in St. Joseph County, Indiana. The computerized, court-based record system we utilized enabled us to collect information on parental characteristics and child outcomes that other MPF researchers have been unable to access. Our research thus offers a unique, data-rich window into an important, and growing, aspect of contemporary family life. It also points the way to needed shifts in family policy and law.

Deliberative Multiattribute Valuation Of Ecosystem Services Across A Range Of Regional Land-Use, Socioeconomic, And Climate Scenarios For The Upper Merrimack River Watershed, New Hampshire, Usa, Mark E. Borsuk, Georgia Mavrommati, Nihar R. Samal, Shantar Zuidema, Wil Wollheim, Shannon Rogers, Alexandra M. Thorn, David Lutz, Madeleine Mineau, Curt Grimm, Kevin Gardner

Faculty Publications

We evaluate the relative desirability of alternative futures for the upper Merrimack River watershed in New Hampshire, USA based on the value of ecosystem services at the end of the 21st century as gauged by its present-day inhabitants. This evaluation is accomplished by integrating land-use and socioeconomic scenarios, downscaled climate projections, biogeophysical simulation models, and the results of a citizen-stakeholder deliberative multicriteria evaluation. We find that although there are some trade-offs between alternative plausible futures, for the most part, it can be expected that future inhabitants of the watershed will be most satisfied if land-use planning in the intervening years …

Revisiting Controlled Digital Lending Post-Redigi, Michelle M. Wu

Georgetown Law Faculty Publications and Other Works

Now that the Second Circuit has ruled on the ReDigi appeal, some libraries and users may be curious to see how the decision factors into controlled digital lending (CDL) efforts. To understand the interest and the implications, we first need to establish the basic contours of copyright, fair use, CDL, and ReDigi.

Health Care Costs And The Arc Of Innovation, Neel U. Sukhatme, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

Health care costs continue their inexorable rise, threatening America’s long-term fiscal stability, competitiveness, and standard of living. Over the past half-century, efforts to rein in spending have uniformly failed. In this Article, we explain why, breaking with standard accounts of regulatory and market dysfunction. We point instead to the nexus of economics, mutual empathy, and social expectations that drives medical innovation and locks in low-value technologies. We show how law reflects and reinforces this nexus and how and why health-policy-makers avert their gaze.

Next, we propose to circumvent these barriers instead of surmounting them. Rather than targeting today’s excessive spending, …

Race Ipsa Loquitur, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

The goal of this Article is to make the existence of invidious racial discrimination in the United States so palpable that it can no longer be denied. Part I argues that racial inequality is so pervasive, unconscious, and structural that it has simply become an assumed fixture of United States and is rarely even noticed. Section I.A describes the history of racial subordination in the United States. Section I.B invokes the concept of disparate impact to illustrate the continuing manifestations of invidious discrimination in contemporary culture. Part II describes the manner in which the culture nevertheless chooses to deny the …

Understanding Esl Undergraduate Students' Beliefs About Learner-Centered Instruction, Mahjabeen Hussain

Dissertations and Theses @ UNI

This study was undertaken to determine undergraduate ESL students’ beliefs about learner-centered teaching (LCT) practices in English classes and to understand to what extent their learner-centered learning experiences influenced their beliefs about the quality of LCT practices. The study involved explanatory sequential mixed-methods. The Learner-centered Battery Student Survey and focus group interviews were used to collect data. One hundred and twelve undergraduate ESL students at a Midwestern university took part in the survey, 17 of whom, predominantly Asians, subsequently took part in multiple mini focus groups that lasted approximately 50-70 minutes each. Quantitative data analysis included descriptive statistics, t-Tests, and …

Post-Trip Blues: Full Time College Students' Emotional And Motivational Post-Trip Transition From Adventure Break Trips, Nichole Crockford

Dissertations and Theses @ UNI

Full time students who attend break long collegiate outdoor recreation adventure trips receive multiple benefits from spending time with a small group of students out in nature. Coming home from these positive experiences may lead some individuals to negative feelings. Students may struggle to find the motivation needed to return to their previous schedule and match the demands of work that is expected of them. Very little is mentioned about the topic of post-trip emotion and motivation levels, even though an argument for vacation is to experience positive benefits that help not only the individual but also the workplace.

Research …

Therapist Self-Doubt When Facing Severe Psychopathology In Adolescent Males, Zachary Mark Meehan

Dissertations and Theses @ UNI

Achieving expertise in psychotherapy is a complex task, fraught with obstacles that impede progress (e.g., cognitive and information processing, accuracy of self-appraisals; Tracey, Wampold, Lichtenberg, & Goodyear, 2014). Contrary to popular opinion, years of experience does not make for an expert therapist. Research indicates that more seasoned therapists are not necessarily more effective than less seasoned therapists in terms of client outcomes. Expertise requires not only time, but also an intention to improve; and the use of appropriate feedback systems. Certain therapist characteristics can reliably predict therapy process and outcome. For example, the degree to which therapists feel uncertain regarding …

A Master's Recital In Flute, Kimberly Ann Abeyta

Dissertations and Theses @ UNI

Kimberly Ann Abeyta performed a graduate flute recital on Thursday, March 14, 2019, in Davis Hall at the Gallagher Bluedorn Performing Arts Center. Collaborative pianists for the recital were Dr. Robin Guy and Serena Hou. This recital was presented in partial fulfillment of the requirements for the Master of Music degree in flute performance. The program opened with Sonata No. 1 in B minor BWV 1030 by Johann Sebastian Bach, a work for flute and harpsichord from the Baroque era. Two modern, unaccompanied works followed the Bach, creating significant contrast. First Katherine Hoover’s Kokopeli for solo flute, then Mimosa for …

The Effect Of Cold Stratification And Perigynia Removal On The Germination Of Three Prairie Carex Species, Christina M. Boeck Crew

Dissertations and Theses @ UNI

Sedges (Carex spp. Linneaus. [Cyperaceae]) are a major component of Midwestern U.S. tallgrass prairie and prairie wetland plant communities, yet they are often lacking in restoration projects because they can be difficult to germinate. Cold-wet stratification and perigynia removal have been shown to increase germination in some Carex species. The germination response of 3 native species, plains oval or shortbeak sedge (C. brevior (Dewey) Mack.), field oval or troublesome sedge (C. molesta Mack.), and prairie or Bicknell’s sedge (C. bicknellii Britton.), was tested to cold-wet stratification (28d) and perigynia removal in stored seed (10 months). Seed treatments …

Evaluating Livelihood Vulnerability Of Farming Communities To Winter Storms In Iowa, Yiyi Zhang

Dissertations and Theses @ UNI

Driven by unusually warm air in the Arctic, severe winter weather moves southward to mid-latitude areas, indicating the complexity in the ways that climate change may affect local weather extremes. The vulnerability of farming communities to climate risks and differential response capabilities have drawn much research attention. Winter storms are recognized as one of the common catastrophic events leading to agricultural damage and loss. However, research is notably lacking in understanding the consequences extreme winter weather could bring in farmer livelihood.

This study is concerned with the vulnerability patterns of farming communities shaped under varying climate and socio-physical conditions. Focusing …

Impact Of Social Support On Saudi Women With Type Ii Diabetes Living In Saudi Arabia, Fatimah Al-Khidhr

Dissertations and Theses @ UNI

The purpose of this study was to describe the impact of social support on Saudi women with Type II Diabetes. This study describes the different types of social support (emotional, instrumental/tangible, informational, and appraisal) offered to Saudi women who have Type II Diabetes living in Qatif City, Saudi Arabia. Lastly, this study aims to assess the types of social support that Saudi women receive from others (i.e. spouse, family members and friends, and peers) in order to improve the quality of life. A qualitative design, semi-structured interview technique was used. The data was collected by using a screening questionnaire and …