Digital Commons Network^™

Scattered Governance: A Typology For Toronto’S Business Improvement Areas, Alexandra Flynn

All Faculty Publications

Business Improvement Areas (BIAs) - or Business Improvement Districts as they are known in the United States - are self-taxing local bodies that play an important role in urban governance. Toronto, which was the location of the first BIA in the world, has one of the highest number of BIAs in North America, yet little is known about how these bodies differ across the city. Using a mixed methodological approach that includes geographic information systems mapping, quantitative analysis, and semi-structured interview data, this chapter addresses this gap in knowledge by offering a typology of Toronto BIAs, looking at the metrics …

Intimate Partner Violence And Covid-19 In Rural, Remote, And Northern Canada: Relationship, Vulnerability And Risk, Pertice Pertice Moffitt, Wendy Aujla, Crystal J. Giesbrecht, Isabel Grant, Anna-Lee Straatman

All Faculty Publications

In rural, remote, and northern parts of Canada, the pre-existing vulnerability and risk for intimate partner violence has been exacerbated by COVID-19. The purpose of this commentary is to identify the unique impact of COVID-19 on intimate partner violence both in terms of the bearing on those experiencing abuse and on the service sector in rural, remote and northern communities where the rates of intimate partner violence and intimate partner femicide pre-pandemic are higher than in larger cities. The recommendations offered in this paper include enhanced safety planning, alternate housing for victims fleeing violence, and suggestions for service providers. We …

The Inseparable Duo: The Holy Spirit And Preaching, Rodney A. Palmer

Faculty Publications

The power of the Holy Spirit is indispensable when crafting and delivering effective sermons. To downplay His role in preaching creates a false dichotomy between the discipline of homiletics and the doctrine of pneumatology. The Holy Spirit plays seven important roles in the life of the preacher, the preparation of a sermon, the preaching moment, and the lives of listeners.

Religious-Political Papacy And Islamic Power In Daniel 11, Roy E. Gane

Faculty Publications

No abstract provided.

Making Sense Of The Holy: A Concise Primer For Biblical Interpretation, Gerald A. Klingbeil

Faculty Publications

No abstract provided.

Privacy Injuries And Article Iii Concreteness, Peter Ormerod

Faculty Publications

The Supreme Court's 2016 decision in Spokeo, Inc. v. Robins requires federal courts to investigate the "concreteness"of a plaintiff's injury, even after Congress has recognized the injury by statute. Spokeo's concreteness discussion is a confusing mixture of several distinct considerations,and there is little rhyme or reason to how the lower courts have interpreted and applied Spokeo to other statutorily authorized injuries.

This Article identifies four distinct informational injuries in the Court's past cases: injuries arising from the withholding, acquiring, using, and disseminating of information. To avoid Spokeo's mistakes, federal courts should give binding deference to Congress's decision to make an …

Treating Professionals Professionally: Requiring Security Of Position For All Skills-Focused Faculty Under Aba Accreditation Standard 405(C) And Eliminating 405(D), J. Lyn Entrikin, Lucy Jewel, Susie Salmon, Craig T. Smith, Kristen K. Tiscoine, Melissa H. Weresh

Faculty Publications

No abstract provided.

Protecting The Role Of The Press In Times Of Crisis, Mary-Rose Papandrea

Faculty Publications

Part I of this Article will discuss defamation law with a focus on the Court’s decision in New York Times Co. v. Sullivan. This decision “constitutionalized” the common law tort of defamation and dealt a death blow to a series of lawsuits by southern government officials aimed at silencing the publication.14 The decision has since provided an essential foundation for press freedom for over fifty years. At the same time, because the decision did not grant the press (or the public generally) absolute immunity for the publication of defamatory information about matters of public concern, speakers potentially face years …

Legal Writing's Harmful Psyche, Kevin Bennardo

Faculty Publications

This essay proceeds in four parts. It first supports the descriptive claim that many in the legal writing discipline perceive themselves as victims of unfair treatment within legal academia. Second, it explores the consequences of that self-perception, including the norm of protectionism that has developed within the discipline. The narrative that legal writing professors are mistreated by those outside the discipline has resulted in an internal culture in which many members of the discipline support their own no matter what.

Third, the essay explores how such protectionism is harmful to the development of the legal writing discipline. An academic discipline …

Bot Contracts, Deborah R. Gerhardt, David Thaw

Faculty Publications

In this Article, we explain why the transactions commonly known as “smart contracts” are better understood as “bot contracts.” Taking an interdisciplinary approach, we show why the “smart contracts” moniker is misdescriptive in two important ways. First, these transactions are automated, not smart. Second, they do not afford parties many enforcement rights and defenses that one expects from common law contractual relationships. To fully understand these transactions, it is important to appreciate how the term “smart contracts” differs from what the technology delivers.

Our review of the technology explains that these transactions have tremendous practical utility in reducing risk and …

Internet Service Provider Liability For Disseminating False Information About Voting Requirments And Procedures, William P. Marshall

Faculty Publications

This Article will examine the constitutionality of deceptive campaign practices acts under the First Amendment. It will also take the analysis one step further by analyzing whether Internet service providers may be held liable for the deceptive campaign messages posted by their customers and users, similar to the way that providers can be held liable for instances of copyright infringement posted by their customers and users.

The First Anti-Sanctuary Law: Proposition 187 And The Transformation Of Immigration Enforcement, Rick Su

Faculty Publications

Anti-sanctuary efforts are sweeping the country, as the federal government and a growing number of states impose stringent restrictions on the ability of cities and other localities to limit their involvement in federal immigration enforcement. Many are now wondering how far this movement will go. But where and how did this movement begin? This Essay argues that the roots of the contemporary anti-sanctuary movement can be traced to Proposition 187, a ballot initiative adopted by California voters in 1994. As the nation’s first anti-sanctuary law, Proposition 187 established the basic provisions featured in nearly every anti-sanctuary measure enacted since. Moreover, …

The Death Of Custom: Winners And Losers In The Legal Transformation Of Peri-Urban Land In Niger, Thomas A. Kelley Iii

Faculty Publications

No abstract provided.

Future Work, Jeffrey M. Hirsch

Faculty Publications

The Industrial Revolution. The Digital Age. These revolutions radi-cally altered the workplace and society. We may be on the cusp of a new era -- one that will rival or even surpass these historical disruptions. Technology such as artificial intelligence, robotics, virtual reality, and cutting-edge monitoring devices are developing at a rapid pace. These technologies have already begun to infiltrate the workplace and will continue to do so at ever increasing speed and breadth.

This Article addresses the impact of these emerging technologies on the workplace of the present and the future. Drawing upon interviews with leading technologists, the Article …

Automated Legal Guidance, Leigh Z. Osofsky, Joshua D. Blank

Faculty Publications

Through online tools, virtual assistants, and other technology, governments increasingly rely on artificial intelligence to help the public understand and apply the law. The Internal Revenue Service, for example, encourages taxpayers to seek answers regarding various tax credits and deductions through its online “Interactive Tax Assistant.” The U.S. Army directs individuals with questions about enlistment to its virtual guide, “Sgt. Star.” And the U.S. Citizenship and Immigration Services suggests that potential green card holders and citizens speak with its interactive chatbot, “Emma.” Through such automated legal guidance, the government seeks to provide advice to the public at a fraction of …

Social Utility Of Music: A Case For A Copyright Exemption For Therapeutic Uses, Amanda Reid

Faculty Publications

No abstract provided.

Like Sand From The Pyramids: Using Rare Books And Manuscripts To Facilitate Object-Based Learning In The Law School Classroom, Melissa M. Hyland

Faculty Publications

This article advocates adding object-based learning, utilizing rare legal books and manuscripts, to the legal education toolbox. Object-based learning is an educational methodology that explains the many learning benefits resulting from student engagement with tangible objects of material culture. Studies into the use of this methodology with undergraduate and graduate students are rather new, but research indicates that object-based learning produces measurable positive results across the curriculum.

Part I of this article provides an overview of object-based learning, with subsections addressing its relationship to active learning, its incorporation of multiple learning styles, and its ability to encourage affective learning. Part …

Copyright Publication On The Internet, Deborah R. Gerhardt

Faculty Publications

This Article tackles the question of when a work distributed over the Internet is published as a matter of copyright law. Copyright publication doctrine retains significant practical importance and can have a dispositive impact on the economic value of a work. Publication can also determine whether a court has jurisdiction over a copyright claim. For many twentieth century works, publication with observance of formalities was required if copyrights were to attach to creative works at all. Publication remains relevant in determining the length of copyright protection, but duration is far from the only copyright issue that turns on this concept. …

“I Don’T Want To Hear Your Language!” White Social Imagination And The Demography Of Roman Corinth, Ekaputra Tupamahu

Faculty Publications - Portland Seminary

This article aims to deconstruct the hidden pervasive whiteness in biblical scholarship and to propose another way to reimagine the linguistic dynamic of Roman Corinth from an Asian American perspective. It highlights the legal and historical interconnectedness of whiteness and the dominance of English. English is a critical marker of whiteness in the United States. In this context, immigrants are expected to conform to and assimilate themselves with whiteness by performing English. This particular racialized context has influenced and resulted in a scholarly historical reconstruction of immigrants in Roman Corinth as “Greek speaking im/migrants.” Immigrants can come from many different …

Odd Generalized N-H Generated Family Of Distributions With Application To Exponential Model, Zubair Ahmad, M. Elgarhy, Gholamhossein Hamedani, Nadeem Shafique Butt

Mathematical and Statistical Science Faculty Research and Publications

A new family of distributions called the odd generalized N-H is introduced and studied. Four new special models are presented. Some mathematical properties of the odd generalized N-H family are studied. Explicit expressions for the moments, probability weighted, quantile function, mean deviation, order statistics and Rényi entropy are investigated. Characterizations based on the truncated moments, hazard function and conditional expectations are presented for the generated family. Parameter estimates of the family are obtained based on maximum likelihood procedure. Two real data sets are employed to show the usefulness of the new family.

Breaking The Silence On Father-Daughter Sexual Abuse Of Adolescent Girls: A Case Law Study, Janine Benedet, Isabel Grant

All Faculty Publications

Adolescent girls are targeted for sexual violence at a rate higher than females at any other life stage. Girls most often face sexual violence at the hands of men that they know and trust within their own families, yet this type of abuse has largely evaded scrutiny from the #MeToo movement. In this article, the authors seek to revitalize the discussion of sexual abuse against adolescent girls by their fathers. The article is part of a larger study that examined all Canadian judicial decisions involving sexual offences against girls between the ages of twelve and seventeen inclusive over a three-year …

Circuit Development In The Master Clock Network Of Mammals, Vania Carmonia-Alcocer, Kayla Rohr, Deborah A.M. Joye, Jennifer A. Evans

Biomedical Sciences Faculty Research and Publications

Daily rhythms are generated by the circadian timekeeping system, which is orchestrated by the master circadian clock in the suprachiasmatic nucleus (SCN) of mammals. Circadian timekeeping is endogenous and does not require exposure to external cues during development. Nevertheless, the circadian system is not fully formed at birth in many mammalian species and it is important to understand how SCN development can affect the function of the circadian system in adulthood. The purpose of the current review is to discuss the ontogeny of cellular and circuit function in the SCN, with a focus on work performed in model rodent species …

Counting Everyone Because Everyone Counts: The Value Of Census Data For Local Decision Making, Uma Krishnan

Metroscape

Once every ten years the US Census Bureau conducts the decennial United States census, and 2020 is the year. The census is a national effort to count everyone in the United States. Unfortunately, this year the COVID-19 pandemic has captured the nation’s attention even as the 2020 census struggles to claim relevance and broaden its reach. At the same time, census data has emerged as a critical tool for examining stark inequities in the demographics of who is contracting and dying of COVID-19. This year, counting everyone is more important than ever.

The Frontispiece Woodcut In The Fasciculus Temporum In Portland State University’S Codex, Amanda Bonilla

Extra-Textual Elements

The frontispiece image in the PSU codex is in the tradition of ‘the education of the prince,’ a popular choice for early printed works, particularly historical chronicles and similar manuscripts related to ancient times.

A portal with columns provides an entrance into the book, and also encloses and protects its contents. This shape, echoing the triumphal arches of classical antiquity, was a popular motif in renaissance publishing. Along with the king’s crown worn on top of a turban-like head wrap, the columns and arches suggest a connection to classical antiquity. Although most images do not reference an artist, making it …

Drach, Prüss, And The Fifteenth-Century Book Trade, Jonathan Taylor

Extra-Textual Elements

The development of the moveable-type press in the mid-fifteenth century led to the rise of a new industry, the manufacture and trade of printed books. Before this, written works existed as handwritten manuscripts individually produced by scribes.

The printing press allowed works such as the Malleus maleficarum and Fasciculus temporum contained within Portland State University’s codex to be produced in a significantly more efficient manner. The printers of the two volumes contained in the codex, Peter Drach and Johann Prüss, successfully avoided the pitfalls facing early printers to become successful in their trade, and may have actively cooperated in the …

Woodcuts Of Human Oddities In The Fasciculus Temporum, Brady Brick

Fasciculus Temporum

This paper focuses on two woodcut images of human oddities in Portland State University’s edition of the Fasciculus temporum (Prüss, Strassburg, 1490).

One woodcut shows children with birth anomalies affecting their eyes, arms, and legs. The second is of a cynocephalus or dog-headed man. The history and context of these types of images and their significance within the text are both considered. This paper also examines possible medical explanations for the physical anomalies shown in the woodcut images.

Curriculum Change 2020-2021, Portland State University

Bulletin & Curriculum Change Documents

No abstract provided.

A Dynamic Neural Network Designed Using Analytical Methods Produces Dynamic Control Properties Similar To An Analogous Classical Controller, Wade William Hilts, Nicholas Szczecinski, Roger Quinn, Alexander Hunt

Mechanical and Materials Engineering Faculty Publications and Presentations

Human balance is achieved using many concurrent control loops that combine to react to changes in environment, posture, center of mass and other factors affecting stability. Though numerous engineering models of human balance control have been tested, no methods for porting these models to a neural architecture have been established. It is our hypothesis that the analytical methods we have developed, combined with classical control techniques will provide a reasonable starting point for developing dynamic neural controllers that can reproduce classical control capabilities. In previous work, we tested this hypothesis and demonstrated that a biologically-constrained neural controller that replicates human …

A Primer On Laplacian Dynamics In Directed Graphs, J. J. P. Veerman, R. Lyons

Mathematics and Statistics Faculty Publications and Presentations

We analyze the asymptotic behavior of general first order Laplacian processes on digraphs. The most important ones of these are diffusion and consensus with both continuous and discrete time. We treat diffusion and consensus as dual processes. This is the first complete exposition of this material in a single work.

Claude V. Palisca As Music Educator: The Yale Seminar On Music Education And The Norton Anthology Of Western Music, Jelena Dj. Simonović Schiff, Jere T. Humphreys

School of Music + Theater Faculty Publications and Presentations

Claude V. Palisca (1921–2001) was a prominent American musicologist and music educator. He authored books and articles about Renaissance and Baroque music theory and developments in musicology, but is most widely known as the founder and first editor of the Norton Anthology of Western Music (NAWM) and coauthor of A History of Western Music, the two music history textbooks that are still in use in classrooms worldwide. In this article, we trace Palisca’s first idea of the NAWM’s structure, content, and purpose through his writings and activities between the 1950s and late 1970s. The central part …