Digital Commons Network^™

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. …

Narrative Therapy To Reduce Self-Stigma: Empowering Children, Adolescents, And Their Families, Jillian Baldwin

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

The effects of self-stigma on children and adolescents with mental health diagnoses is a documented psychological issue in academic literature; however, no studies or articles to date present strategies for reducing its negative effects. Additionally, very few studies have connected the experience of parental stigma, or courtesy/affiliate stigma, and its effects on child and family well-being. Self-stigma has been conceptualized as existing on the opposite end of the spectrum from empowerment, suggesting that empowerment may serve as a promising approach to tackling self-stigmatization. This paper presents a novel therapeutic intervention for reducing self-stigma in children, adolescents, and their families through …

Toward An Interspecies Right To Breastfeed, Mathilde Cohen

Animal Law Review

Milk is young mammals’ primary food. Yet, lactating animals raised for their milk, such as cows and goats, are subject to extreme forms of violence and control preventing them from breastfeeding their own young. Numerous human parents also lack the legal, economic, social, and emotional support they need to nurse their children. At one level, the situation of humans and that of farmed animals is incommensurable in that the latter’s reproductive and lactating capacity is typically exploited and rewarded by death when unprofitable. At another level, lactating animals of all species are in a related social status. Lactating parents, typically …

The Meaning Of Meat, Jareb Gleckel, Sherry F. Colb

Animal Law Review

Plant-based and cell-based meat companies are vying to take over the trillion-dollar meat industry—and, in recent years, they have gained momentum. Responding to consumer demand and widespread fear about global climate change, investors like Bill Gates, Richard Branson, and even Tyson Foods began investing in alternative meat. Beyond Meat became a publicly traded company and partnered with Dunkin’ Donuts, while Impossible Foods partnered with Burger King, bringing plant-based meat products into the mainstream. But many states with strong ties to animal agriculture have sought to impede the growth of the alternative-meat market. In August 2018, Missouri became the first state …

Joining The Herd: A Case For Closing New Zealand's Domestic Ivory Market, Bianka Atlas

Animal Law Review

This Article examines the evidence supporting the implementation of a domestic ivory trade ban in New Zealand, with the aim of informing policymakers and compelling the New Zealand government to act to establish a legal and policy framework. There is widespread support for the closure of domestic ivory markets worldwide, and this Article seeks to persuade New Zealand to join this groundswell.

Access Law Schools & Diversifying The Profession, Deseriee A. Kennedy

Scholarly Works

Lawyers do not reflect the racial diversity in the United States. The legal profession continues to struggle with ways to achieve and maintain racial diversity. Law schools play a critical role in the path to practice, and therefore an examination of the barriers to the profession they created is warranted. This essay critiques the over-reliance on standardized testing in law school admissions and advocates for an open admissions process that prioritizes racial and academic diversity. It suggests that the benefits of minimizing the role of standardized tests far outweigh any perceived costs in legal education. This essay concludes that the …

Should I Stay Or Should I Go: Student Housing, Remote Instruction, Campus Policies And Covid-19, Patricia E. Salkin, Pamela Ko

Scholarly Works

In March 2020, as the world scrambled to understand and address myriad public health and economic challenges unfolding from the novel coronavirus labeled COVID-19, higher education was forced into a tailspin. This article examines the legal and policy challenges that result from, among other issues, the congregate housing situations existing for on- and off-campus housing at colleges and universities. The legal issues demonstrate federalism at work and include; at the federal level, regulations and guidance from the White House, the Center for Disease Control (CDC) and the U.S. Department of Education; at the State level from gubernatorial executive orders, state …

On Basing One-Way Permutations On Np-Hard Problems Under Quantum Reductions, Nai-Hui Chia, Sean Hallgren, Fang Song

Computer Science Faculty Publications and Presentations

A fundamental pursuit in complexity theory concerns reducing worst-case problems to average-case problems. There exist complexity classes such as PSPACE that admit worst-case to average-case reductions. However, for many other classes such as NP, the evidence so far is typically negative, in the sense that the existence of such reductions would cause collapses of the polynomial hierarchy(PH). Basing cryptographic primitives, e.g., the average-case hardness of inverting one-way permutations, on NP-completeness is a particularly intriguing instance. As there is evidence showing that classical reductions from NP-hard problems to breaking these primitives result in PH collapses, it seems unlikely to base cryptographic …

Reemergence Of Guadalupe Fur Seals In The U.S. Pacific Northwest: The Epidemiology Of Tranding Events During 2005–2016, Erin D'Agnese, Dyanna M. Lambourn, James Rice, Debbie Duffield, Jessica L. Huggins, Terry Spraker, Stephen A. Raverty, Tetiana Kuzmina, Micheal E. Grigg, Kristin Wilkinson, Multiple Additional Authors

Biology Faculty Publications and Presentations

Guadalupe fur seals (GFS), Arctocephalus philippii townsendi, an U.S. Endangered Species Act threatened pinniped, have recently reappeared in their historic range along the western seaboard of the continental United States. Starting 2005 through 2016, 169 GFSs stranded in Washington and Oregon, involving two designated unusual mortality events. The circumstances surrounding GFS strandings, mortality, and their increased presence in Oregon and Washington were analyzed during this study. Detailed necropsies, histopathology (n = 93), and epidemiological analysis found three main causes of death (COD): emaciation (44%), trauma (29%), and infectious disease (19%) and the factors associated with overall strandings and …

Compensation Strategies That Support Commercial Banks’ Effective Risk Management Practices, Elias Kagumya

Walden Dissertations and Doctoral Studies

Compensation structures with relatively high levels of contingent pay encouraged managers to engage in excessive risk-taking behavior at financial institutions, which contributed to the global financial crisis of 2008. The purpose of this study, guided by the theory of the firm, was to explore compensation strategies that some executives in Uganda used to support effective risk-management practices. This multiple case study was an in-depth inquiry into compensation strategies that encouraged prudent risk-taking behavior. The target population comprised 5 risk-management executives from 5 separate commercial banks who had successfully implemented compensation strategies that supported risk management practices. Data were collected through …

The Inherent And Supervisory Power, Jeffrey C. Dobbins

Georgia Law Review

Parties to litigation expect courts to operate both
predictably and fairly. A core part of this expectation is
the presence of codified rules of procedure, which ensure
fairness while constraining, and making more
predictable, the ebb and flow of litigation.
Within the courts of this country, however, there is a
font of authority over procedure that courts often turn to
in circumstances when they claim that there is no
written guidance. This authority, referred to as the
“inherent” or “supervisory” power of courts, is an almost
pure expression of a court’s exercise of discretion in that
it gives courts the …

The Code Of The Platform, Todd Haugh, Abbey Stemler, Joshua E. Perry

Georgia Law Review

Digital platform-based businesses such as Uber,
eBay, and Google have become ubiquitous in our daily
lives. They have done so by expertly harnessing
technology to bring supply- and demand-side users
together for commercial and social exchange. Users are
happy to let these platform companies play
“matchmaker” because transaction costs are lowered—it
is easier to find or give a ride, buy or sell a product, or
obtain almost any kind of information than ever before—
and platforms are happy to be at the center of the
exchange, taking advantage of network effects to become
wildly successful. Despite the success of these …

Overlapping Legal Rules In Financial Regulation And The Administrative State, Matthew C. Turk

Georgia Law Review

Reforms which seek to overhaul the Dodd-Frank Act
have begun to gain support within the Trump
Administration and Congress. The leading proposals go
beyond technical matters and reflect a wholesale
critique: financial regulation has become too
burdensome, too complex, and grants too much
discretion to regulators. This Article argues that what is
really at stake in these debates is the distinct issue of
“regulatory overlap”—the joint use of multiple legal
rules to address a common market failure. It begins by
developing a general framework for analyzing
overlapping legal rules of all kinds. That framework is
then applied in case studies …

The Four Horsemen Of The Internet Apocalypse: The Relevation Of State Net Neutrality Laws, Zachary P.T. Lundgren

Georgia Law Review

In 2018, on the heels of intense debate and
widespread media campaigns, the FCC repealed its
2015 regulations protecting net neutrality. The repeal
continued to stoke controversy after it was announced,
facing congressional and legal challenges almost
immediately. The most interesting response, however,
has been the passage of state net neutrality laws in
California, Oregon, Vermont, and Washington. The first
of their kind, these four laws largely purport to reinstate
the 2015 net neutrality rules within state lines.
Rather than take sides in the net neutrality debate,
this Note focuses on these novel state laws and,
principally, whether they will …

Faulty Forensics: Bolstering Judicial Gatekeeping In Georgia Courts, Miranda S. Bidinger

Georgia Law Review

Forensic evidence is widely used in criminal cases
across the country and is accorded great weight by
juries. But critics have begun to question its reliability.
Its use has contributed to numerous wrongful
convictions, and though some individuals have been
exonerated, many remain incarcerated for crimes they
did not commit.
This Note explores a variety of forensic science
disciplines and their associated problems, the recent
push for forensic reform, and the current standards
governing the admissibility of forensic evidence at the
federal level and in Georgia courts, highlighting the
lenient standard embodied in the Georgia Code and
elaborated upon in …

Coequal Federalism And Federal-State Agencies, Dave Owen, Hannah J. Wiseman

Georgia Law Review

Dividing authority between the federal government and the
states is central to the theory and practice of federalism.
Division is the defining feature of dual federalism, which
dominates the U.S. Supreme Court’s federalism
jurisprudence. Recent academic theories of federalism
emphasize overlap and interaction but still assume that
federal and state actors will work within separate institutions.
Each approach can be problematic, yet assumptions of
separation remain the bedrock of federalism. This Article
discusses a different form of federalism: coequal federalism.
Under coequal federalism, federal- and state-appointed
officials collaborate within a single agency that makes
decisions binding on the federal government …

Deal Insurance: Representation & Warranty Insurance In Mergers & Acquisitions, Sean J. Griffith

Faculty Scholarship

Efficient contracting depends upon imposing risk on the party with superior access to information. Yet the parties in mergers and acquisitions transactions now commonly use Representation and Warranty Insurance (“RWI”) to shift this risk to a third-party insurer. Because liability and trust go together, RWI would seem to give rise to a credible commitment problem between the transacting parties, and it raises adverse selection and moral hazard problems for the insurer.

This paper examines the emergence of RWI, focusing on three interrelated questions. First, how does RWI affect transactions?Second, why do transacting parties use RWI? And third, why do insurers …

Interpreting Contracts In A Regulatory State, Aditi Bagchi

Faculty Scholarship

Some scholars would limit courts to the text of written agreements when interpreting contracts on the theory that parties meant what they said, and said what they meant. Other scholars would have courts take into account the factual context surrounding contract formation. Both sides of this debate assume that contract interpretation is largely limited to reconstructing contracting parties’ intentions.

This assumption is mistaken. Since the overturning of Lochner v New York, contracting parties no longer have exclusive authority over contracts. State authority to regulate contract came at the expense of unbridled private authority. A more limited conception of contracting …

Evidentiary Irony And The Incomplete Rule Of Completeness: A Proposal To Amend Federal Rule Of Evidence 106, Daniel J. Capra, Liesa L. Richte

Faculty Scholarship

No abstract provided.

Against Prosecutors, I. Bennett Capers

Faculty Scholarship

No abstract provided.

The Impact Of Number Talks On Kindergarten Math Growth In A Large Private Independent School, Rebecca Knight

Doctor of Education Dissertations

This mixed methods action research study examined the implementation process and impact of a 9-week Number Talk intervention to build number sense in kindergarten students. Fifty-eight kindergarten students engaged in daily Number Talk lessons for 9 weeks. Qualitative data were collected to evaluate the strengths and challenges of the implementation process with the teacher participants through a twice weekly observation tool and through bi-weekly math professional learning community discussions. The qualitative data gathered were coded for themes using Tesch’s Eight Steps for coding information. The data allowed me to evaluate the implementation process to determine if Number Talks were implemented …

Annual Reports Of The Town Of Seabrook, New Hampshire For The Year Ending December 31, 2019, As Compiled By The Town Officers., Seabrook Town Representatives

Seabrook, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Digitizing The Corporeal: The Affect Of Mediatized Elements In Theatrical Performance, Kurtis Layne Hassinger

Graduate Student Theses, Dissertations, & Professional Papers

This paper explores the affect of digital media in live performance. The research is generated from work with integrated digital media in Carol Ann Duffy's 2015 adaptation of Everyman as well as Samuel Beckett's radio play Cascando. Through experimentation and implementation of motion tracking digital elements and actor-manipulated sonic and visual digital media achieved with MIDI and OSC mapping, I explore the embodiment of performances by actors when their various characters are represented on the physical as well as the digital stage simultaneously.

The research interrogates digital media in storytelling when actors can manipulate imagery and language in real time …

Remote Sensing Approaches To Predict Forest Characteristics In Northwest Montana, Ryan P. Rock

Graduate Student Theses, Dissertations, & Professional Papers

Remote sensing can be utilized by land management organizations to save money and time. Mapping vegetation using either aerial photographs or satellite imagery and the applications for forest management are of particular interest to the Montana Department of Natural Resources. In 2018, the organization began a pilot program to test the incorporation of raster analysis of remotely sensed data into their inventory program and had limited success. This analysis identified two areas of improvement: the selection method of inventory plots and the imagery used for classification and metrics. This study found that selecting inventory plots using a generalized random tessellation …

Generating Peptide Mass Spectrometry Ground Truth Data, Jessica L. Henning, Rob Smith

Graduate Student Theses, Dissertations, & Professional Papers

Very few quantitative evaluations exist for precursor mass spectrometry data due to the lack of tools for enabling the manual feature finding necessary to generate this data. Other lacks the ability to capture, edit, save, and view precursor mass spectrometry data. We present JS-MS 2.0, a software suite that provides a dependency-free, browser-based, one click, cross-platform solution for creating precursor ground truth. The software retains the first version’s capacity for loading, viewing, and navigating MS1 data in 2- and 3-D, and adds tools for capturing, editing, saving and viewing isotopic envelope and extracted isotopic chromatogram features. The software can also …

Implementation Of A Dose Response To Wood Smoke Pm: A Potential Method To Further Explain Cvd In Wildland Firefighters., Dylan Richmond, John Quindry, Christopher T. Migliaccio, Brent Ruby

Graduate Student Theses, Dissertations, & Professional Papers

The presentation of cardiovascular disease (CVD) and comorbidities in aging and retired wildland firefighters (WLFF) continues to be one of the top health priorities to address by The United States Forest Service. In the past 20 years, experts at multiple meetings and conferences have confronted this growing concern as a formal call to action to investigation the individual components related to working in the wildland fire setting. The inhalation of wood smoke particulate matter (PM) shows evidence of altering homeostasis in WLLF’s in the areas of oxidative stress, inflammation, and arterial stiffness, all of which contribute to the development of …

Conceptions And Receptions: A Case Study Analysis Of Community Engagement At Four Local Museums, Mary L. Casey

Graduate Student Theses, Dissertations, & Professional Papers

The theme of community engagement has been a prevalent topic of debate and discussion among museum professionals across the country, and so this thesis seeks to examine how four local museums connect with their local audiences in meaningful and successful ways. I focus on local museums because they have the unique opportunity to intimately engage their immediate community’s perceptions of identity and heritage, and relate the interpreted past in innovative ways that effectively resonate with the contemporary lives of current residents.The Historical Museum at Fort Missoula, Strawbery Banke Museum, The Tuck Museum of Hampton History, and the James House Museum, …

Shuttles In Wonderland: Assessing The Perceived Impact To Residents’ Quality Of Life Based On The Proposed Implementation Of A Voluntary Shuttle System In West Yellowstone, Mt, Carter Wyatt Bermingham

Graduate Student Theses, Dissertations, & Professional Papers

As visitation to the national parks across the United States continues to increase, more and more park service units are exploring the possibility of implementing alternative forms of transportation to help mitigate some of the negative side effects associated with vehicle-related congestion issues. Although research efforts have examined the role of alternative transportation systems (ATS) in helping to improve the visitor experience in the national parks, fewer research efforts have focused on the impacts of these transportation systems on the affiliated gateway community, particularly with respect to the perceived impacts an ATS may have on quality of life in gateway …

Semivariogram Methods For Modeling Whittle-Matern Priors In Bayesian Inverse Problems, Richard David Brown

Graduate Student Theses, Dissertations, & Professional Papers

We present a new technique, based on semivariogram methodology, for obtaining point estimates for use in prior modeling for solving Bayesian inverse problems. This method requires a connection between Gaussian processes with covariance operators defined by the Matérn covariance function and Gaussian processes with precision (inverse-covariance) operators defined by the Green’s functions of a class of elliptic stochastic partial differential equations (SPDEs). We present a detailed mathematical description of this connection. We will show that there is an equivalence between these two Gaussian processes when the domain is infinite which breaks down when the domain is finite due to the …