Digital Commons Network^™

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 …

The Value Of An Academic Law Library In The 21st Century, Anne Klinefelter

Faculty Publications

Law school deans and university provosts may ask how law libraries can deliver value as new technologies, practices, and economic pressures inspire reassessment of legal education and of higher education more generally. The proliferation of information delivery systems, trends towards centralized management of higher education infrastructure, and changes in the law practice market suggest that the traditional law library may not meet current needs. But law libraries have the potential and opportunity to deliver strong value in this environment due largely to the sophistication of today's law librarians. The law library can be a center for expertise that can advance …

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.

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 …

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. …

In Pursuit Of Economic Justice: The Political Economy Of Domestic Violence Law And Policies, Deborah M. Weissman

Faculty Publications

Intimate partner violence (“IPV”) is often exercised as an act of coercion by abusers who engage in strategies to interfere with their partners’ ability to engage productively in the workplace and deny them control over economic resources, that is, to deny them agency. Certainly, awareness of the insidious facets of economic coercion of IPV has expanded in recent years. However, attention to the efficacy of legal and policy responses to the economic consequences of such abuse has not received commensurate attention. Federal and state laws designed to address economic abuse are applied haphazardly if at all. The laws themselves, moreover, …

“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 …

Socialists And Housing, Michael Lewyn

Scholarly Works

My review of Capital City by Samuel Stein

Building The Aboriginal Conference Settlement Suite: Hope And Realism In Law As A Tool For Social Change, Toby S. Goldbach

All Faculty Publications

In 2014, the provincial government unveiled a new courthouse in Thunder Bay, Ontario, featuring a conference area designed to emulate an Anishinaabe roundhouse. The “Aboriginal Conference Settlement Suite” epitomizes efforts to support Indigenous justice within the criminal justice system. However, despite similar efforts in the past, the circumstances of Indigenous peoples in Canada have not improved. This ongoing commitment to legal solutions is emblematic of mainstream views of law as a problem-solving instrument. Notwithstanding awareness of its failings, law reformers remain dedicated to using law as a tool for social change. Employing a case study method focusing on the new …

Fasciculus Temporum: Extra-Textual Genealogy, Amanda Swinford

Extra-Textual Elements

Following the printed text of the Fasciculus temporum in PSU Library's codex is a concise, six-line, handwritten verse genealogy which lists the three husbands and three daughters, all named Mary, of St. Anne, the mother of Mary and maternal grandmother of Jesus.

The source of this addition is the Legenda aurea, a popular compilation of hagiographies, composed in Latin by Jacob Voragine (1230 - c.1298) in approximately 1270. This content was included by the publishers of certain other editions of the Fasciculus temporum, but is not included in the printed portion of the PSU edition.

Watermarks In The Psu Codex Fasciculus Temporum And The Paper Trade, Christian Graham

Extra-Textual Elements

Medieval watermarks were introduced into early printed works during the production process of the paper. It is not known exactly when or why they came into common use, but they did come to identify specific paper suppliers.

As the number of paper suppliers grew enormously in concert with the growth of popularity of printed books, identifying the watermarks of specific producers can provide the modern scholar with valuable information about an early printed work, including dating editions and providing insight into trading relationships and connections between paper-makers and printers.

This paper examines some of the watermarks present in the PSU’s …

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.

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 …

Multiple Criteria Decision-Making Approach To Support Timber Transportation Planning – Case Study In Brazil, Marinna Lopes Ferreira Gomes

Cal Poly Humboldt theses and projects

Timber transportation is one of the costliest activities for a forest company in Brazil and in many other countries, and it is a determining factor for the success of the forest enterprise. Thus, decision support tools are commonly used as methods to reduce these costs. The purpose of this study was to develop and analyze mathematical models to define the weekly timber transport schedule based on the monthly demands of the customers. The goal is to minimize the operational costs of forest transportation related to distances, timber freshness and road qualities. The decision process was made in two steps; the …

Ethnic Identity And Stress Appraisal As Acculturative Stress Processes Among Armenian Americans, Tsolak Michael Kirakosyan

Cal Poly Humboldt theses and projects

The current study examined the role of ethnic identity and stress appraisal as buffers of the relationship between acculturative stress and wellbeing in a national sample of Armenian American adults between eighteen and thirty-nine years old (N = 159; 62.89% women, 32.08% men; mean age = 25.59, SD = 5.30). Acculturative stress positively correlated with depressive symptoms, and negatively with self-esteem and positive stress appraisal. Stronger ethnic identity affirmation and belonging was related to less depressive symptoms, more positive stress appraisal, and greater self-esteem and life satisfaction. In hierarchical linear regression analyses, acculturative stress significantly predicted more depressive symptoms, …

Making Connections To The Filipino American Community Using Culturally Responsive Music Pedagogy, Jared Thomas Coyle

Cal Poly Humboldt theses and projects

Positive connections between school and home have been shown to increase student achievement. Currently there are few resources available in the United States that allow teachers to incorporate aspects of Filipino American culture into their instruction practices. Through the use of traditional children’s songs and singing games, the K-6 classroom music curriculum can serve as an effective vehicle to establish these connections.

In interviews with members of the California Filipino American community, we discussed the musical culture of the Philippines. Informants shared how musical traditions are transmitted and shared in the Philippines and United States. Participants also discussed possible ways …

From Screen To Summit: An Investigation Of Claims About Social Media Use For Outdoor Recreation Purposes, Theodora M. Doyon

Cal Poly Humboldt theses and projects

Recent increases in visitation to public lands in the U.S. are often attributed to a rise in social media sharing of outdoor spaces, and particularly to the use of geotagging and hashtagging for location sharing. There are conflicting views on the influence of social media on visitation to public lands, including negative perceptions of social media users, and positive perceptions of social media’s potential to spread information to underrepresented and underserved communities. Due to the growing interest in social media use and its effects on outdoor spaces, it is important to understand how social media use correlates with recreational behavior …

How The Change To Online Learning Affected Chinese Language Teaching In California Schools Due To The 2020 Covid-19 Pandemic, Jing Ren

Cal Poly Humboldt theses and projects

This research study investigates how Chinese language teachers in California made the change from in-person learning to distance learning during the COVID-19 pandemic, how they set up and taught virtual classes and what their reactions were to the online transitions. Teachers utilized various interactive tools and strategies to teach students in their virtual classrooms. Parental involvement with the child’s education at home increased. Some public school district polices caused greater reductions in student participation than others. Teachers applied various communication strategies to engage students in creative ways while teaching online. This together with curriculum development and assessment design required that …

Intrasexual Competition: Effects Of Hormonal Contraceptives, Hannah Fergusson

Cal Poly Humboldt theses and projects

Women’s intrasexual competition has been shown to fluctuate with fertility status, and in particular, with testosterone. It’s increasingly common that women take some form of hormonal contraceptives, especially the combined oral contraceptive (COC) pill which has been shown to decrease testosterone levels. Progesterone-only methods such as the implant or shot have been shown to have higher levels of free testosterone compared to the pill. The current study investigates the differences in intrasexual competition between pill users and progesterone-only users. 773 women took several surveys that obtained their information regarding menstrual cycle, contraceptive use, relationship status, and also took the Scale …

"The World Has Changed, And The Wiyot Changed With It:" The Socio-Political Processes And Rationale Of Cultural Landscape Decolonization On Wiyot Ancestral Land, Mark C. Adams

Cal Poly Humboldt theses and projects

This thesis examines recent successful efforts by the Wiyot Tribe in Humboldt County, California to resist and reverse forms of settler-colonial oppression with tangible and unprecedented results. The original inhabitants of Humboldt Bay: the Wiyot, and their allies in the local community, have overcome settler socio-political resistance in three contentious, public disputes to preserve and restore tribal sovereignty over ancestral land and culture. While much has been written about the history of the United States as a settler-colonial project, more research is necessary to understand the processes of grassroots decolonization efforts to alter cultural landscapes. Using a combination of feminist …

Understanding Reading In The English Program: An Inquiry Of How Students Are Guided With Advanced Reading Materials, Kelley L. Ellion

Cal Poly Humboldt theses and projects

Reading and writing are connected activities. Research has shown that you cannot truly be successful in one without the other. In post-secondary writing intensive courses, the teaching of reading in regards to advanced academic texts is often forgotten or ignored due to pre-existing conceptions of reading practices. In this project, I have conducted a research study across three (3) FYC courses at Humboldt State University to understand how the teaching of reading is implemented within its FYC program. I specifically study how the reading pedagogy known as the Reading Apprenticeship (RA) framework is used by instructors within their classrooms and …

One-Way Immersion Education Educación De Inmersión Unidireccional, Angela Renée Rivera

Cal Poly Humboldt theses and projects

Teachers in Spanish immersion schools, schools that teach a majority of English only speakers or in a one-way immersion model, face unique challenges in meeting their students' language and learning needs. The goal of this study is to identify the curriculum and resources teachers in one-way immersion schools use in their classroom to meet these student needs. The basic design of the study includes individual interviews with questions focused on the curriculum and assessment teachers use, the pedagogical practices they implement and the advice they have for other immersion teachers in the field. A qualitative analysis of the data indicates …

You Have A Voice Here: Implementing Armenian Feminist Literature Within Feminist Discourse, Grace Hart

Cal Poly Humboldt theses and projects

This project melds personal narrative with literary criticism, as it excavates the literature of Armenian writer and political activist Zabel Yessayan, particularly with her novel My Soul in Exile and memoir The Gardens of Silihdar. I argue that the voice of Zabel Yessayan should be included in the feminist women of color discourse within institutions in the United States. I develop this argument by bringing in the works of Cherríe Moraga and Gloria Anzaldúa’s anthology This Bridge Called My Back: Writings by Radical Women of Color and showing parallels in themes and lenses such as excavating traumatic histories, the …

Reflections Of An Impossible Ideal: Passion As The Will To Downfall In Madame Bovary, Christopher Ramponi

Cal Poly Humboldt theses and projects

Broadly speaking, this thesis is an examination of passionate love: its qualities, its presentation, the ends to which it is employed, its paradoxical nature, and set of beliefs surrounding it—in short, the impossibility of it all. More narrowly, this thesis argues that in Madame Bovary, Flaubert attaches a specifically twelfth-century understanding of passion to Emma Bovary, one that is at the heart of troubadour lyric poetry. What is more, I argue that Emma finds in this vision of love, whose structure is built upon a Neoplatonist dialectic and expressed through a paradoxical antithesis, an Ideal—an ideal world, life, and …

The Ginger, The Pin-Up, Or The Stepchild? Redheadedness As An Embodied Trope, Morgan Lee Thornburg

Cal Poly Humboldt theses and projects

The study of redheadedness has been largely neglected in the academic community and beyond. Besides a few outdated psychology studies, pop culture books, a handful of student theses, and one dissertation, there has been little investigation regarding how the tropes associated with redheadedness—namely, weakness and unattractiveness in men and unruliness and hypersexuality in women—become embodied. This project considers the way that such tropes are internalized in a variety of “texts”: Scott P. Harris’s documentary, Being Ginger; Marion Roach’s and Jacky Colliss Harvey’s personal narratives; and Tim Minchin’s song (and performance of) “Prejudice,” together with an interview he gave for …

Retelling Narratives Of Eco-Memory: Settler Colonialism And Carceral Occupation Of The Jordan River, Megan Rose Awwad

Cal Poly Humboldt theses and projects

In this thesis, I retell and reclaim stories that have been shared and passed down within my family and family history in relation to our homeland, Palestine, and more specifically to the Jordan River. I argue that the construction of the dam in the 1960s on the Jordan River, by a zionist state, is an extension of both the settler colonial state and the treatment of the land/rivers as inherently linked with the treatment of Indigenous people. The carceral spaces and geographies settler states create are part of both the destruction of the land and the genocide Indigenous people experience. …

Interview With Barbara Tint, Barbara Tint, Patricia A. Schechter

Conflict Resolution Oral Histories

Barbara Tint was interviewed by Patricia Schechter on May 29, 2020, in Portland, Oregon. Also participating in the interview are Alex Berg, Cleophas Chambliss, Oona Fisher Campbell, Jake Hutchins, Alex Ibarra, Lady J, Liza Schade, and Stephanie Vallance.

In this interview, Tint describes her path to academia through working as a counselor and with conflict resolution in a number of international settings. The discussion takes a theoretical turn when students inquired about the philosophical underpinnings of Tint's work.

Teaching With Feminist Judgments: A Global Conversation, Bridget J. Crawford, Kathryn M. Stanchi, Linda L. Berger

Scholarly Works

This conversational-style essay is an exchange among fourteen professors-representing thirteen universities across five countries-with experience teaching with feminist judgments.

Feminist judgments are 'shadow' court decisions rewritten from a feminist perspective, using only the precedent in effect and the facts known at the time of the original decision. Scholars in Canada, England, the U.S., Australia, New Zealand, Scotland, Ireland, India, and Mexico have published (or are currently producing) written collections of feminist judgments that demonstrate how feminist perspectives could have changed the legal reasoning or outcome (or both) in important legal cases.

This essay begins to explore the vast pedagogical potential …