Digital Commons Network^™

Dustbowl Waters: Doctrinal And Legislative Solutions To Save The Ogallala Aquifer Before Both Time And Water Run Out, Warigia M. Bowman

Articles, Chapters in Books and Other Contributions to Scholarly Works

Eighty-three years after the Dust Bowl, residents of America’s High Plains face a dire threat: their primary aquifer faces depletion, and entire sections of the country are set to run out of groundwater by the end of the century or sooner. The Ogallala Aquifer provides a significant amount of America’s agricultural irrigation water and is a primary source of drinking water for Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming. This Article argues that policymakers should slow the Aquifer’s depletion rate by implementing changes to irrigation technology, crop choice, consumer behavior, legal doctrine, and legislation. This Article …

Engage Children’S Communities With Friends And Family Day!, William A. Parnell, Ellie Justice, Laure Pearson Patrick

Education Faculty Publications and Presentations

Editors’ Note: As early childhood educators, you know that many children’s family networks expand to relatives beyond parents or siblings, include important friends and neighbors, and stretch across states, countries, or oceans. Here, Will Parnell, Ellie Justice, and Laure Pearson Patrick offer an engaging alternative to Mother’s Day and Father’s Day celebrations; this year, consider celebrating a Friends and Family Day to help all children—and all families—feel like valued members of your learning community.

Rights Should Not Vary Based On Offense Severity, Russell L. Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

Some constitutional rights of criminal procedure apply unequally, varying based on offense (or punishment) severity. Of these, some vary proportionally, attaching or strengthening as offense severity increases. For example, the Sixth Amendment guarantees the rights to appointed counsel for indigents and jury trial for defendants charged with any felony but only some misdemeanors. In contrast, other rights are inversely proportional. For example, the strength or applicability of some aspects of the Fourth Amendment right against unreasonable searches and seizures and the Eighth Amendment right against excessive bail decrease as offense severity increases. This Article examines whether such rights should vary …

Tigard-Tualatin School District Enrollment Forecast 2020-21 To 2029-30, Portland State University. Population Research Center, Charles Rynerson, Joshua Ollinger

School District Enrollment Forecast Reports

This report presents the results of a demographic study conducted by the Portland State University Population Research Center (PRC) for the Tigard‐Tualatin School District (TTSD). The study includes analyses of population, housing and enrollment trends affecting the District in recent years, estimates of the impacts of housing development on TTSD enrollment, and forecasts of district‐wide and individual school enrollments for the 2020‐21 to 2029‐30 school years.

Navigating Technology Competence In Transactional Practice, Lori D. Johnson

Scholarly Works

In 2012, the American Bar Association House of Delegates, based on the work of the ABA Commission on Ethics 20/20, amended the Model Rules of Professional Conduct (Model Rules) to include a new requirement concerning lawyer competence. The obligation, enacted as Comment 8 to existing Model Rule 1.1 (outlining a lawyer's requisite competence) (Rule 1.1), requires lawyers "keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology." To date, Comment 8 to Rule 1.1 (Comment 8 or the Comment) has been adopted in thirty-eight states, and has begun generating scholarship and …

Adr, Dynamic (In)Justice, And Achieving Access: A Foreclosure Crisis Case Study, Lydia Nussbaum

Scholarly Works

This Article proceeds in two parts. Part I argues for a dynamic, rather than fixed, conception of access to justice. It then explores how ADR processes, when placed in this dynamic framework, can create new forms of injustice and intensify preexisting ones. Part II presents a case study from the foreclosure crisis to illustrate how the features of ADR processes are especially well suited to respond to dynamic injustices. It further demonstrates how ADR design must evolve to respond to the dynamic system of (in)justice in which ADR processes operate.

Training Law Students To Maintain Civility In Their Law Practices As A Way To Improve Public Discourse, Nancy B. Rapoport

Scholarly Works

Our current social discourse is broken. Not only have we resorted to name-calling instead of reasoned discussion, but we have also resorted to the fundamental attribution error: we attribute bad motives to people with whose positions we disagree rather than starting with the presumption that, perhaps, buried deep within their positions could be a grain of truth. As Yoni Appelbaum observed in a recent article in The Atlantic, "Recent research by political scientists at Vanderbilt University and other institutions has found both Republicans and Democrats distressingly willing to dehumanize members of the opposite party."' We need to find a …

#Metoo Backlash Or Simply Common Sense?: It's Complicated, Ann C. Mcginley

Scholarly Works

This Essay focuses on the skittishness that men express about being accused of sexual harassment. Part II explains the prevalence of sexual harassment and the response to this problem, giving both empirical and anecdotal evidence of male professionals' refusals to spend time with female subordinates. Part III discusses the already-present inequalities in the legal profession, particularly in law firms and raises concerns about how lack of mentoring and sponsorship of women by male supervisors could create an even greater disparity. Part IV analyzes the disparate legal, business, and cultural definitions of sexual harassment, and given the disparities in understandings, raises …

Legal Ethics And Law Reform Advocacy, Jeffrey W. Stempel

Scholarly Works

Social activism, particularly law reform, has long been an accepted, even revered part of the lawyer's identity. However, modern developments such as nation-wide firms, the economic importance of client development, and aggressive attempts by clients to deploy attorneys as de facto, undisclosed lobbyists have put substantial pressure on the traditional vision of the attorney as a "lawyer-statesman" or someone who "checks clients at the door" when participating in law reform activities. Furthermore, law reform activism on behalf of one client (or prospective client when attorneys use their law reform lobbying as part of their marketing strategy) poses a real danger …

Public Art, Public Space, And The Panorama Right, Mary Lafrance

Scholarly Works

When art is installed in public spaces in the United States, the public's right to capture and share images for commercial or noncommercial purposes is not clearly defined by federal copyright law. This has led to both actual and threatened litigation. In the absence of a specific copyright rule designed to address these disputes, they must be resolved under a patchwork of other doctrines that are uncertain in scope, including fair use, de minimis use, and the statutory exception for images of architectural works, but none of these provide predictable results. In contrast, many foreign jurisdictions have enacted 'freedom of …

Adversarial Failure, Benjamin P. Edwards

Scholarly Works

Investors, industry firms, and regulators all rely on vital public records to assess risk and evaluate securities industry personnel. Despite the information's importance, an arbitration-facilitated expungement process now regularly deletes these public records. Often, these arbitrations recommend that public information be deleted without any true adversary ever providing any critical scrutiny to the requests. In essence, poorly informed arbitrators facilitate removing public information out of public databases. Interventions aimed at surfacing information may yield better informed decisions. Although similar problems have emerged in other contexts when adversarial systems break down, the expungement process to purge information about financial professionals provides …

Invisible Prisons, M. Eve Hanan

Scholarly Works

Modern punishment theory is based on an inadequate conceptualization of the severity of incarceration. While the severity of a prison sentence is measured solely in terms of the length of time, the actual experience of imprisonment is often more punishing and more destructive than a simple loss of liberty. Yet, lawmakers and judges evince a surprising lack of institutional interest in understanding the experience of imprisonment and applying this knowledge to sentencing. This lack of official attention to how prison is experienced by incarcerated people is one of the drivers of mass incarceration.

This Article is the first scholarly work …

Targeting Factors And Conflict Of Laws On The Internet, Marketa Trimble

Scholarly Works

Courts have employed the concept of "targeting" to limit the reach of personal jurisdiction and applicable law on the Internet. To determine whether a defendant has targeted a particular country or state-and whether the defendant should be subject to the jurisdiction of and law in that country or state-courts consider various factors, such as the language, the top-level domain, and the currency used by the defendant on the Internet. However, developments in Internet technology and increasing Internet actor and user sophistication put the significance of the factors into question. In the absence of a defendant's express limitation on the territorial …

Foreword: The Labor Constitution In 2020, Ruben J. Garcia

Scholarly Works

No abstract provided.

Building Worker Collective Action Through Technology, Ruben J. Garcia

Scholarly Works

The COVID-19 pandemic has exacerbated the inequality between workers and their employers, and decreased worker power over their terms and conditions of employment. At the same time, the workers are more dispersed than ever, with more employers disestablishing the traditional office in favor of a hybrid model that further atomizes workers and makes collective action harder. At the same time, the ability for workers to organize themselves on social media and on company e-mail systems has been limited by recent decisions of the National Labor Relations Board (NLRB), and are always subject to possible employer discovery and retaliation. New technologies …

Foreign Corruption As Market Manipulation, Gina-Gail S. Fletcher

Articles by Maurer Faculty

On March 6, 2019, the Commodity Futures Trading Commission (CFTC) announced that it would be taking an active role in prosecuting violations of the Commodities Exchange Act (CEA) that involve foreign corruption.[11 On the same date, the CFTC published an enforcement advisory further signaling its intention to investigate and prosecute violations of the laws and regulations of the CEA linked to foreign corrupt practices, such as violations of the Foreign Corrupt Practices Act (FCPA). The FCPA prohibits US-based businesses from engaging in corrupt practices, such as bribery, in foreign countries in which they do business. Currently, both the Department of …

The Debt Collection Pandemic, Pamela Foohey, Dalie Jimenez, Chris Odinet

Articles by Maurer Faculty

To curb the rapid spread of the coronavirus set to overwhelm the United States' healthcare system, in mid-March 2020, the federal government declared a national emergency. Many states followed suit by implementing shelter-at-home orders and people began social distancing across America. As of this writing, the United States' reaction to the unique and alarming threat of COVID 19 has partially succeeded in slowing the virus's spread. Saving people's lives, however, has come at a severe economic cost. Economic activity plummeted. Unemployment numbers soured to figures not seen since the Great Depression and countless other people saw their income disappear.

Americans' …

Do Founders Control Start-Up Firms That Go Public?, Brian Broughman, Jesse M. Fried

Articles by Maurer Faculty

Black & Gilson (1998) argue that an IPO-welcoming stock market stimulates venture deals by enabling VCs to give founders a valuable "call option on control." We study 18,000 startups to investigate the value of this option. Among firms that reach IPO, 60% of founders are no longer CEO. With little voting power, only half of the others survive three years as CEO. At initial VC financing, the probability of getting real control of a public firm for three years is 0.4%. Our results shed light on control evolution in startups, and cast doubt on the plausibility of the call-option theory …

Doing Unrepresented Status: The Social Construction And Production Of Pro Se Persons, Victor D. Quintanilla

Articles by Maurer Faculty

In this Article, I propose an understanding of the dynamic process through which society does unrepresented status that is informed by psychological and sociological research. In describing this doing of unrepresented status, I elaborate on two new concepts: the social construction of pro se status and the social production of unrepresented persons. These concepts illuminate ways in which the doing of unrepresented status is a routine, recurring feature in how court officials, lawyers, and law-trained persons perceive and interact with unrepresented persons within our civil justice system. That is, a pro se party is not something that an unrepresented person …

Prioritizing Mental Health For Adolescent Girls, Christina Mallie

Adolescents and Young People

This blog post was originally published on the Population Council’s Community of Practice website in 2020.

Nurturing Minds/Sega School-Driven Response To Covid-19 In Tanzania (Part 5, Covid-19 Response Series), Sega, Nurturing Minds

Adolescents and Young People

This blog post was originally published on the Population Council’s Community of Practice website in 2020.

The Abriendo Oportunidades Response To Covid-19: Advocating And Providing For Indigenous Populations In Guatemala (Part 6, Covid-19 Response Series), Angel Del Valle

Adolescents and Young People

This blog post was originally published on the Population Council’s Community of Practice website in 2020.

Remembering Sally Banes, Curtis L. Carter

Philosophy Faculty Research and Publications

No abstract provided.

Fichte And Schelling, Michael Vater

Philosophy Faculty Research and Publications

No abstract provided.

Pistis, Persuasion, And Logos In Aristotle, Owen Goldin

Philosophy Faculty Research and Publications

The core sense of pistis as understood in Posterior Analytics, De Anima, and the Rhetoric is not that of a logical relation in which cognitively grasped propositions stand in respect to one another, but the result of an act of socially embedded interpersonal communication, a willing acceptance of guidance offered in respect to action. Even when pistis seems to have an exclusively epistemological sense, this focal meaning of pistis is implicit; to have pistis in a proposition is to willingly accept that proposition as a basis for some kind of activity (albeit possibly theoretical) as a result of some kind …

Individual Preferences In Policy Analysis: A Normative Framework, Gabriel Weil

Scholarly Works

Measures of individual preferences are a key input in cost-benefit analysis. However, behavioral science has raised questions about the rationality of these preferences. The Nudge thesis relies on that scientific research to prescribe interventions to influence individual choices. However, the more modest step of limiting reliance on these preferences in evaluating non-paternalistic government policies has not been taken up. We lack a consistent theory of when public policy should defer to these preferences, with legal and policy advocates adopting ad hoc result-oriented approaches. I argue that policymakers should be prepared to override individual preferences in cases where their only plausible …

Exploring White Critical Consciousness Of Christian College Students At A Midwestern College, Jesse M. Brown

All-Inclusive List of Electronic Theses and Dissertations

Whiteness is pervasive and hidden on Christian college campuses. Helms (2017) defined Whiteness as the overt and subliminal socialization processes and practices, power structures, laws, privileges, and life experiences that favor the White racial group over all others” (p. 718). Whiteness can often be ignored or overlooked by White persons and predominantly White institutions. Normalizing Whiteness rather than working through Whiteness perpetuates the subliminal and overt practices found on many Christian college campuses. While the study of Whiteness in higher education is a growing field (Cabrera, 2014; Cabrera et al., 2016; Cabrera et al., 2017), limited research has linked Whiteness …

I Am A Black Woman, A Boss, And I Represent The University: Exploring The Lived Experiences Of African American Women Senior Student Affairs Officers, Martia Brawner King

All-Inclusive List of Electronic Theses and Dissertations

The lived experiences of African American Senior Student Affairs Officers has been riddled with systemic racism, sexism, and unrealistic expectations. Research has shown that there is value in intentional recognition of the intersection of their identities, identifying support mechanisms, and providing adequate resources for the women to be successful. This study aims to determine the unique experiences of each woman not only within their careers, but also from childhood. Poignantly asking about the span of their lived experiences, but also strategies used in climbing to and surviving in senior student affairs leadership positions? Senior Student Affairs Officers (SSAOs) are defined …

Teaching Jihad: Developing Religious Literacy Through Graphic Novels, Melanie C. Brooks, Kelly Deits Cutler, Fida Sanjakdar, Daniel D. Liou

Curriculum and Instruction Faculty Publications and Presentations

This study examined the representations of jihad in graphic novels to ascertain how its depictions may inform the development of religious literacy in secondary classrooms. Hegemonic constructions of jihad in theWest are commonly reduced to false binaries that shape non-Muslims’ extant beliefs and perceptions of Islam and Muslims. This raises concerns about the ways in which societal expectations shape knowledge formation in schools. Accordingly, this critical content analysis explored the depiction of jihad in three graphic novel memoirs, an increasingly popular medium of instruction in secondary classrooms. Our analysis identified three forms of jihad conveyed through the graphic novels, specifically: …

Rememory, Walidah Imarisha

Black Studies Faculty Publications and Presentations

Short Story Summary

Set in a future world where those who believe in liberation have set up autonomous zones across the United States, teen Ayo contemplates her place in this society without prisons and police. While her chosen sibling Essakai is fighting to free more territories, Ayo decides to journey into the Rememory, the collective consciousness of past Black liberation movements, to find out what her role in creating these new just worlds should be.

Foreword to Black Freedom Beyond Borders: Memories of Abolition Day

There are times when our lived reality feels stranger than science fiction - a viral …