Digital Commons Network^™

Mediation Ethics After The Singapore Convention, Zachary R. Calo

Scholarly Works

The aim of this essay is to consider the shape of mediation ethics after the Singapore Convention. It assesses the role of ethics with the Convention framework, as well as how the Convention can inform broader conversations about mediation ethics. The international commercial mediation landscape initiated by the Convention commends certain approaches to ethics for its effective and efficient operation. In particular, it is argued that the Convention system is best complemented by codes of ethics that are clear and standardized in their norms as well as modest in the scope of their regulatory ambitions. An ethical system defined by …

Submission To The Ministry Of Justice On Judicial Review: Proposals For Reform – ‘Prospective Invalidation/Overruling’, Samuel Beswick

All Faculty Publications

The Government Response to the Independent Review of Administrative Law proposes to provide judges a discretionary power to grant prospective-only remedies in judicial review proceedings. It further proposes to legislate a presumption or a requirement of prospective-only remedies when statutory instruments are quashed. The Government’s Report relies on arguments made in Sir Stephen Laws QC’s IRAL Submission advocating for prospective-only judicial remedies. My submission responds to the content of both documents.

The Government should abandon its proposal to legislate in favour of Prospective Invalidation in the judicial review context (and in any other context) because:

a. Prospective Invalidation violates the …

Employment Law: Proving Racial And Gender Bias Under Title Vii, Joan C. Williams

The Judges' Book

No abstract provided.

Typology Emerges From Simplicity In Representations And Learning, Dakotah Lambert, Jonathan Rawski, Jeffrey Heinz

Faculty Research, Scholarly, and Creative Activity

We derive well-understood and well-studied subregular classes of formal languages purely from the computational perspective of algorithmic learning problems. We parameterise the learning problem along dimensions of representation and inference strategy. Of special interest are those classes of languages whose learning algorithms are necessarily not prohibitively expensive in space and time, since learners are often exposed to adverse conditions and sparse data. Learned natural language patterns are expected to be most like the patterns in these classes, an expectation supported by previous typological and linguistic research in phonology. A second result is that the learning algorithms presented here are completely …

The Americanization Of Sport For Development And Peace: Examining American Sdp Intern Experiences, Michael S. Dao, Jessica W. Chin

Faculty Research, Scholarly, and Creative Activity

This study expands the Sport for Development and Peace (SDP) research focusing on the impact of national values and ideas on SDP program implementation. As SDP interns are instrumental in implementing many SDP programs, it is important to identify how their national values and ideas affect their work in the field. The purpose of this qualitative study was to examine the experiences of Americans who had worked as SDP interns. Through the lens of Americanization, we examine the reproduction and distribution of values and ideas of American SDP interns working abroad. Semistructured interviews were conducted with 11 former American SDP …

The Dialectic Of Presence And Interpretation In Everyday Aesthetics: Applying Heidegger And Gumbrecht To A Walk In One’S Neighborhood, Thomas Leddy

Faculty Research, Scholarly, and Creative Activity

Gumbrecht’s Heidegger-inspired book, Production of Presence, provides valuable tools for resolving issues in everyday aesthetics. Gumbrecht distinguishes between “presence cultures” and “interpretation cultures.” (Gumbrecht 2004) We live in an interpretation culture, and yet even in our culture there are presence effects. Gumbrecht understands aesthetic experience in terms of the idea of presence. His paradigms are great works of art and great athletic events, all of which take us away from the everyday. I argue that his theory can be adapted, ironically, to everyday aesthetics, in particular to the experience of taking a walk. Much of what we experience aesthetically while …

Observations Of Sweep–Ejection Dynamics For Heat And Momentum Fluxes During Wildland Fires In Forested And Grassland Environments, Warren E. Heilman, Tirtha Banerjee, Craig B. Clements, Kenneth L. Clark, Shiyuan Zhong, Xindi Bian

Faculty Research, Scholarly, and Creative Activity

The vertical turbulent transfer of heat and momentum in the lower atmospheric boundary layer is accom-plished through intermittent sweep, ejection, outward interaction, and inward interaction events associated with turbulent updrafts and downdrafts. These events, collectively referred to as sweep–ejection dynamics, have been studied extensively in forested and nonforested environments and reported in the literature. However, little is known about the sweep–ejection dynamics that occur in response to turbulence regimes induced by wildland fires in forested and nonforested environments. This study attempts to fill some of that knowledge gap through analyses of turbulence data previously collected during three wildland (prescribed) fires …

Predicting Question Deletion And Assessing Question Quality In Social Q&A Sites Using Weakly Supervised Deep Neural Networks, Souvick Ghosh

Faculty Research, Scholarly, and Creative Activity

Community question answering (CQA) sites, which use the power of collective knowledge, have emerged as popular destinations for complex and personalized questions that require human-human interactions and multiple rounds of clarifications between the asker and the answerer. In this paper, we undertook a threefold task: First, we developed a deep neural network model to automatically predict the questions that are likely to be deleted by the moderators. Second, we hypothesized that there exists a relationship between the question quality and its probability of being deleted by the forum moderators. We developed a deep model using deleted questions and used it …

A New Dataset For Smartphone Gesture-Based Authentication, Elliu Huang, Fabio Di Troia, Mark Stamp, Preethi Sundaravaradhan

Faculty Research, Scholarly, and Creative Activity

In this paper, we consider the problem of authentication on a smartphone, based on gestures. Specifically, the gestures consist of users holding a smartphone while writing their initials in the air. Accelerometer data from 80 subjects was collected and we provide a preliminary analysis of this data using machine learning techniques. The machine learning techniques considered include principal component analysis (PCA) and support vector machines (SVM). The results presented here are intended to provide a baseline for additional research based on our dataset.

Malware Classification With Word Embedding Features, Aparna Sunil Kale, Fabio Di Troia, Mark Stamp

Faculty Research, Scholarly, and Creative Activity

Malware classification is an important and challenging problem in information security. Modern malware classification techniques rely on machine learning models that can be trained on features such as opcode sequences, API calls, and byte n-grams, among many others. In this research, we consider opcode features. We implement hybrid machine learning techniques, where we engineer feature vectors by training hidden Markov models—a technique that we refer to as HMM2Vec—and Word2Vec embeddings on these opcode sequences. The resulting HMM2Vec and Word2Vec embedding vectors are then used as features for classification algorithms. Specifically, we consider support vector machine (SVM), k-nearest neighbor (k-NN), random …

Malware Classification Using Long Short-Term Memory Models, Dennis Dang, Fabio Di Troia, Mark Stamp

Faculty Research, Scholarly, and Creative Activity

Signature and anomaly based techniques are the quintessential approaches to malware detection. However, these techniques have become increasingly ineffective as malware has become more sophisticated and complex. Researchers have therefore turned to deep learning to construct better performing model. In this paper, we create four different long-short term memory (LSTM) based models and train each to classify malware samples from 20 families. Our features consist of opcodes extracted from malware executables. We employ techniques used in natural language processing (NLP), including word embedding and bidirection LSTMs (biLSTM), and we also use convolutional neural networks (CNN). We find that a model …

Malware Classification With Gmm-Hmm Models, Jing Zhao, Samanvitha Basole, Mark Stamp

Faculty Research, Scholarly, and Creative Activity

Discrete hidden Markov models (HMM) are often applied to malware detection and classification problems. However, the continuous analog of discrete HMMs, that is, Gaussian mixture model-HMMs (GMM-HMM), are rarely considered in the field of cybersecurity. In this paper, we use GMM-HMMs for malware classification and we compare our results to those obtained using discrete HMMs. As features, we consider opcode sequences and entropy-based sequences. For our opcode features, GMM-HMMs produce results that are comparable to those obtained using discrete HMMs, whereas for our entropy-based features, GMM-HMMs generally improve significantly on the classification results that we have achieved with discrete HMMs.

Proton Pump Inhibitors And Chronic Kidney Disease: Reevaluating The Evidence From A Randomized Controlled Trial, B. Burt Gerstman

Faculty Research, Scholarly, and Creative Activity

No abstract provided.

A Deweyan Approach To The Dilemma Of Everyday Aesthetics, Thomas Leddy

Faculty Research, Scholarly, and Creative Activity

Everyday aesthetics is a new sub-discipline of aesthetic theory that has only been actively discussed since the 1980s. This paper addresses what many consider the central issue of the field, called "the dilemma of everyday aesthetics." I discuss three authors who address this issue: Yuriko Saito, Allen Carlson, and Paisley Livingston. Drawing on Dewey's anti-dualist stance, I argued for a continuity between the aesthetics of everyday life and the aesthetics of art. In course of my discussion, I question such dichotomies as that between the practical and the aesthetic, the ordinary and the extraordinary, and disinterestedness vs. engagement. In my …

Differences In Ride-Hailing Adoption By Older Californians Among Types Of Locations, Manish Shirgaokar, Asha Weinstein Agrawal, Bonnie Dobbs, Aditi Misra, Martin Wachs

Faculty Research, Scholarly, and Creative Activity

Ride-hailing services such as Lyft and Uber can complement rides offered by family, friends, paid providers, and public transit. To learn why older adults might wish to use ride-hail, we conducted an online survey of 2,917 California respondents age 55 and older. Participants were asked whether they would value four features hypothesized to be benefits of ride-hailing. We specified binary logit models and used market segmentation to investigate whether there were location-based differences in the use of ride-hailing. Our analysis showed that women, city dwellers, persons with disabilities, and those who rely on others for rides were more open to …

Anticipating Elite Capture: The Social Devaluation Of Municipal Tap Water Users In The Phoenix Metropolitan Area, Alexandra Brewis, Katie Meehan, Melissa Beresford, Amber Wutich

Faculty Research, Scholarly, and Creative Activity

Characterizing subcultural models of tap water derived from interviews from 154 respondents in four neighbourhoods in the urban Southwestern United States, we identify sources of public discourses that support and anticipate passive elite capture. In accord with predictions, social devaluation of those who use tap water is situated with residents of a privileged exclusive community sector. This suggests the value of a broader conceptualization and an empirical model of elite capture in water resources: not just as a physical deviation of resources, but also as a discursive devaluation of public resources by specifically elite populations.

Sneakers, Corporate Attitudes, And The Black Lives Matter Movement: An Interview With Sneaker Expert Sean Williams, Travis D. Boyce

Faculty Research, Scholarly, and Creative Activity

No abstract provided.

Racial And Social Justice At San José State University: Students Respond With Social Action, Scott Myers-Lipton, William Armaline

Faculty Research, Scholarly, and Creative Activity

No abstract provided.

2021 Silicon Valley Pain Index, Scott Myers-Lipton, William Armaline

Faculty Research, Scholarly, and Creative Activity

No abstract provided.

Stellar Velocity Dispersion And Dynamical Mass Of The Ultra Diffuse Galaxy Ngc 5846_Udg1 From The Keck Cosmic Web Imager, Duncan A. Forbes, Jonah S. Gannon, Aaron J. Romanowsky, Adebusola Alabi, Jean P. Brodie, Warrick J. Couch, Anna Ferré-Mateu

Faculty Research, Scholarly, and Creative Activity

The ultra diffuse galaxy in the NGC 5846 group (NGC 5846UDG1) was shown to have a large number of globular cluster (GC) candidates from deep imaging as part of the VEGAS survey. Recently, Müller et al. published a velocity dispersion, based on a dozen of its GCs. Within their quoted uncertainties, the resulting dynamical mass allowed for either a dark matter free or a dark-matter-dominated galaxy. Here, we present spectra from KCWI that reconfirms membership of the NGC 5846 group and reveals a stellar velocity dispersion for UDG1 of σGC = 17 ± 2 km s-1. Our dynamical mass, with …

A Multi-Analysis Approach For Estimating Regional Health Impacts From The 2017 Northern California Wildfires, Susan M. O’Neill, Minghui Diao, Sean Raffuse, Mohammad Al-Hamdan, Muhammad Barik, Yiqin Jia, Steve Reid, Yufei Zou, Daniel Tong, J. Jason West, Joseph Wilkins, Amy Marsha, Frank Freedman, Jason Vargo, Narasimhan K. Larkin, Ernesto Alvarado, Patti Loesche

Faculty Research, Scholarly, and Creative Activity

Smoke impacts from large wildfires are mounting, and the projection is for more such events in the future as the one experienced October 2017 in Northern California, and subsequently in 2018 and 2020. Further, the evidence is growing about the health impacts from these events which are also difficult to simulate. Therefore, we simulated air quality conditions using a suite of remotely-sensed data, surface observational data, chemical transport modeling with WRF-CMAQ, one data fusion, and three machine learning methods to arrive at datasets useful to air quality and health impact analyses. To demonstrate these analyses, we estimated the health impacts …

Democracy And Polarization Comments On Aikin And Talisse's Political Argument In A Polarized Age, Anand Vaidya

Faculty Research, Scholarly, and Creative Activity

No abstract provided.

Model-Based Clustering, Classification, And Discriminant Analysis Using The Generalized Hyperbolic Distribution: Mixghd R Package, Cristina Tortora, Ryan P. Browne, Aisha Elsherbiny, Brian C. Franczak, Paul D. Mcnicholas

Faculty Research, Scholarly, and Creative Activity

The MixGHD package for R performs model-based clustering, classification, and discriminant analysis using the generalized hyperbolic distribution (GHD). This approach is suitable for data that can be considered a realization of a (multivariate) continuous random variable. The GHD has the advantage of being flexible due to skewness, concentration, and index parameters; as such, clustering methods that use this distribution are capable of estimating clusters characterized by different shapes. The package provides five different models all based on the GHD, an efficient routine for discriminant analysis, and a function to measure cluster agreement. This paper is split into three parts: the …

The Meaning Of Matheteusate In The Broader Context Of The Gospel Of Matthew, Lindsay D. Arthur

ATS Dissertations

No abstract provided.

Immitatio Ezechielis : The Irregular Grammar Of Revelation Reconsidered, Garret E. Best

ATS Dissertations

No abstract provided.

Deficit Frame Dangers, Jonathan Feingold

Faculty Scholarship

Civil rights advocates have long viewed litigation as an essential, if insufficient, catalyst of social change. In part, it is. But in critical respects that remain underexplored in legal scholarship, civil rights litigation can hinder short- and long-term projects of racial justice.

Specifically, certain civil rights doctrines reward plaintiffs for emphasizing community deficits—or what I term a “deficit frame.” Legal doctrine, in other words, invites legal narratives that track, activate, and reinforce pernicious racial stereotypes. This dynamic, even in the context of well-intended litigation, risks entrenching conditions that drive racial inequality—including the conditions that litigation is often intended to address. …

The Criminalization Of Foreign Relations, Steven Arrigg Koh

Faculty Scholarship

Overcriminalization has rightly generated national condemnation among policymakers, scholars, and practitioners alike. And yet, such scholarship often assumes that the encroachment of criminal justice stops at our borders. This Article argues that our foreign relations are also at risk of overcriminalization due to overzealous prosecution, overreaching legislation, and presidential politicization—and that this may be particularly problematic when U.S. criminal justice supplants certain nonpenal U.S. foreign policies abroad. This Article proposes three key reforms— presidential distancing, prosecutorial integration, and legislative de-escalation—to assure a principled place for criminal justice in foreign relations.

Understanding University Fee Litigation: A Few Lessons About The Perils Of Imprudence For Higher Ed Plan Sponsors, Maria O'Brien, Calvin Utter

Faculty Scholarship

Beginning in August 2016, a series of class action lawsuits were filed on behalf of participants and beneficiaries of 403(b) employee retirement plans sponsored by major American colleges and universities. These plans are regulated by the 1974 Employee Retirement Income Security Act (“ERISA”), which sets minimum standards to protect the participants and beneficiaries of voluntarily established retirement and health plans. The allegations in the several lawsuits have centered primarily around breaches of fiduciary duties by those charged with administering the plan.

These cases are all class action lawsuits brought on behalf of the participants and beneficiaries of the plans in …

A Cross-Cutting Public Law Scholar For The Ages, Nicole Huberfeld

Faculty Scholarship

Thanks to Fred Shapiro’s labor, we can see that the under-fifty category of most-cited legal scholars better represents the lawyering population than the all-time rankings of legal scholars, as it has more modern and diverse scholarship, and it has a higher percentage of women than the all-time rankings of legal scholars. Anyone who knows Professor Abbe Gluck’s work cannot be surprised that she is included among the most-cited scholars under the age of fifty. ¹ Abbe is a force of nature, a brilliant legal mind with a diabolical work ethic. Even if she ceased publishing today, her scholarly legacy would …

Deep Tracks: Album Cuts That Help Define The Essential Scalia, Gary S. Lawson

Faculty Scholarship

Jeff Sutton and Ed Whelan have collected some of Justice Scalia’s “greatest hits” in a volume entitled The Essential Scalia: On the Constitution, the Courts, and the Rule of Law. The book is an excellent introduction to the jurisprudential thought and literary style of one of the most influential legal thinkers—and legal writers—in modern times. As with any “greatest hits” compilation, however, there are inevitably going to be key “album cuts” for which there will not be space. This essay seeks to supplement Sutton and Whelan’s invaluable efforts by surveying three of those “deep tracks” that shed particular light on …