Digital Commons Network^™

The Sovereign Shield, Kate Sablosky Elengold, Jonathan D. Glater

Faculty Publications

As the federal government has come to rely increasingly on private companies to perform government functions, more businesses are testing the power of the resulting contractual relationships to shield themselves from liability, regulation, and oversight. Such nongovernmental entities seek the benefit of what we call the federal government’s sovereign shield by exploiting three doctrines: preemption, derivative sovereign immunity, and intergovernmental immunity. Because these contractors provide services supporting every conceivable government action, allowing them to act with impunity puts citizens at risk across myriad aspects of their lives.

This Article untangles the doctrines that extend the sovereign shield to private actors …

Access Riders (Web), Jessie Bullivant, Jemina Lindholm

Access Riders

Jemina Lindholm, Jessie Bullivant, Camille Auer, Nora Heidorn, Heidi & Kaino Wennerstrand (BIITSI), Jenni-Juulia Wallinheimo-Heimonen, Anonymous

An access rider is written by an individual, and can be shared when one is invited to take part in a project or any working relationship. It can work as a starting point for a conversation between the inviter and invitee about the accessibility of a certain situation.

Access Riders is a collaborative project by artists Jessie Bullivant and Jemina Lindholm. The project is a compilation of access riders by eight of the contributors to Frame Contemporary Art Finland's Rehearsing Hospitalities event. The access …

Access Riders (Print), Jessie Bullivant, Jemina Lindholm

Access Riders

Jemina Lindholm, Jessie Bullivant, Camille Auer, Nore Heidorn, Heidi & Kaino Wennerstrand (BIITSI), Jenni-Juulia Wallinheimo-Heimonen, Anonymous

An access rider is written by an individual, and can be shared when one is invited to take part in a project or any working relationship. It can work as a starting point for a conversation between the inviter and invitee about the accessibility of a certain situation.

Access Riders is a collaborative project by artists Jessie Bullivant and Jemina Lindholm. The project is a compilation of access riders by eight of the contributors to Frame Contemporary Art Finland's Rehearsing Hospitalities event. The access …

Biblical Concepts In Action: A Case For Discipleship In The Worship Ministry, Wendall D. Reed

Doctoral Dissertations and Projects

The purpose of this qualitative historical study is to examine the discipleship of the worship ministry in the local church according to biblical principles of discipleship. Despite the biblical examples of discipleship benefits, worship ministry personnel are often not included in discipleship efforts from church leadership. The leadership and the congregation alike may assume their spiritual maturity. The preaching ministry and the worship ministry are the most public act of worship viewable by congregants. Some worship ministry volunteers and staff may feel they are expected to have already been discipled and may be reluctant to pursue discipleship engagement. This study …

Unlawfully-Issued Sovereign Debt, W. Mark C. Weidemaier, Mitu Gulati

Faculty Publications

In 2016, its economy in shambles and looking to defer payment on its debts, the Venezuelan government of Nicolás Maduro proposed a multi-billion dollar debt swap to holders of bonds issued by the government’s crown jewel, state-owned oil company Petroleós de Venezuela S.A. (PDVSA). A new government now challenges that bond issuance, arguing that it was unlawful under Venezuelan law. Bondholders counter that this does not matter, that PDVSA freed itself of any borrowing limits by agreeing to a choice-oflaw clause designating New York law.

The dispute over the PDVSA 2020 bonds implicates a common problem. Sovereign nations borrow under …

There Was Nothing “Neutral” About Executive Order 9066, Eric L. Muller

Faculty Publications

No abstract provided.

Barring Married Same-Sex Couples From Joint Adoption: Comparative Perspectives And The Case Of Taiwan, Holning S. Lau

Faculty Publications

Taiwan is the first country in Asia to legalize same-sex marriage, but it forbids married same-sex couples from jointly adopting children. This article examines this restriction through the lens of comparative law, which brings into focus two main insights. First, we see that, out of all countries that have legalized same-sex marriage, Taiwan is one of only two that bar married same-sex couples from joint adoption. As this article will explain, the fact that Taiwan’s policy is so anomalous should spur skepticism of the policy’s appropriateness. Second, judicial opinions from around the world contain persuasive reasoning that further calls into …

Occupational Hazard: A Critique Of California Elections Code § 13107(A)(3), Peter Nemerovski

Faculty Publications

This Article argues that California’s occupational designation option should be abolished, having outlived whatever usefulness it may have had in 1931. Today, it is a source of headaches for elections officials across the state. It often leads to litigation over whether a candidate’s chosen designation is inaccurate or might mislead voters. It is inconsistently enforced. It is frequently used by candidates not to provide voters with helpful information but to gain an electoral advantage over their opponents. The time has come for California to join the forty-nine states that do not automatically allow candidates to include their occupations on the …

Electoral Change And Progressive Prosecutors, Ronald F. Wright, Jeffrey L. Yates, Carissa Byrne Hessick

Faculty Publications

While it is clear that a debate is happening about new approaches to the prosecutor's work, it is less clear how deep the changes go. Given the large number of prosecutor offices in the United States, it is possible that much of the change that the media documents is limited to only a few offices; it is also possible that newsworthy stories of recent prosecutor campaign debates are merely the most visible layer of a change that goes deeper. Do the media accounts focus on vivid but exceptional election campaigns, or do news stories over the' last decade reflect a …

Downtown Condos For The Rich: Not All Bad, Michael Lewyn

Scholarly Works

Some new condominiums in urban neighborhoods are too expensive for anyone but the very wealthy. Buyers of these high-cost units include not only wealthy city residents, but also nonresidents who wish to use housing as an investment rather than a residence. Some commentators use this apparent fact as an argument against new market-rate housing generally; they claim that new housing will be purchased by out-of-town investors rather than used by local residents and that those investors will leave housing units empty, rather than renting them out. A related argument is that, even if market-rate condos are purchased by local residents, …

Pedestrians Under Attack, Michael Lewyn

Scholarly Works

A review of Right Of Way by Angie Schmitt

The Limits Of Equity, Michael Lewyn

Scholarly Works

"Equity" is a common buzzword in urban planning circles. However, nearly any land use decision can be justified as more equitable than the alternatives.

Characterizations Of The Discrete Lindley And Discrete Poisson-Lindley Distributions, Gholamhossein G. Hamedani, Mahrokh Najaf

Mathematical and Statistical Science Faculty Research and Publications

Certain characterizations of the discrete Lindley and discrete Poisson-Lindley distributions, originally introduced by Bakouch, Jazi and Nadarjah (2014) and Sankaran (1970), respectively, are presented. Al-Babtain, Gemeay and Afify (2020) revisited these distributions and provided estimation methods and actuarial measures as well as their applications in medicine. This short note is intended to complete, in some way, Al-Babtain, Gemeay and Afify (2020)’s work. It should be mentioned that the probability mass functions reported in the two papers mentioned above are not correct. In this note, it will be explained why they are not correct.

Will Zoning Fix Itself?, Michael Lewyn

Scholarly Works

Typically, zoning artificially limits housing supply, thus increasing housing costs. One possible defense of this system is that zoning can fix itself- that is, that when rents and housing costs become unusually high, politicians will deregulate and thus reduce housing costs. This article suggests that such a happy result is unlikely; instead, where housing costs spiral out of control, voters and politicians are likely to make regulation even more strict out of a fear of gentrification.

The Struggle With Basic Writing Skills, Ann Nowak

Scholarly Works

No abstract provided.

The Renaissance Of Odum's Outwelling Hypothesis In 'Blue Carbon' Science, Isaac R. Santos, David J. Burdige, Tim C. Jennerjahn, Steven Bouillon, Alex Cabral, Oscar Serrano, Thomas Wernberg, Karen Filbee-Dexter, Julia A. Guimond, Joseph J. Tamborski

OES Faculty Publications

The term ‘Blue Carbon’ was coined about a decade ago to highlight the important carbon sequestration capacity of coastal vegetated ecosystems. The term has paved the way for the development of programs and policies that preserve and restore these threatened coastal ecosystems for climate change mitigation. Blue carbon research has focused on quantifying carbon stocks and burial rates in sediments or accumulating as biomass. This focus on habitat-bound carbon led us to losing sight of the mobile blue carbon fraction. Oceans, the largest active reservoir of carbon, have become somewhat of a blind spot. Multiple recent investigations have revealed high …

Teaching Critical Thinking Skills In A Chinese Immersion School, Pui Hung Helen Wong

Doctoral Dissertations

As a frontline teacher and administrator, I received feedback consistently from parents and students asking for a fun and effective method of instruction for Chinese language development in the US. This study explored the micro-level of how teachers in Chinese immersion schools create an environment to support development of students’ critical thinking skills while learning Chinese. I applied a qualitative approach to the research and designed a case study focused on answering the following research questions: How do teachers help their students to develop critical thinking skills when teaching in a Chinese immersion program? What are the challenges teachers have …

Boolean Network Control With Ideals, Ian H. Dinwoodie

Mathematics and Statistics Faculty Publications and Presentations

A method is given for finding controls to transition an initial state x0 to a target set in deterministic or stochastic Boolean network control models. The algorithms use multivariate polynomial algebra. Examples illustrate the application.

Simulations Of Single- And Two-Tone Tm-Doped Optical Fiber Laser Amplifiers, Tathagata Goswami, J. Grosek, Jay Gopalakrishnan

Mathematics and Statistics Faculty Publications and Presentations

This work uses numerical simulations of a thulium-doped optical fiber amplifier to predict various performance characteristics such as peak temperatures, expected output powers and efficiencies, presence of amplified spontaneous emission (ASE), and transverse mode instability (TMI) onset power thresholds. Single- and two-tone configurations are studied. In the latter case, the two laser sources are separated in frequency by the amount that corresponds to the peak Raman gain, and a few seed ratios at various total seed powers are examined. The goal is to provide the field with pertinent information on what is feasible for this type of amplifier.

Torsion And Curvature In Continuously Defective Solid Crystals, Marek Z. Elźanowski

Mathematics and Statistics Faculty Publications and Presentations

I show how one can utilize the concept of a canonical connection on a homogeneous space to describe defectiveness of a continuous elastic crystal solid.

The Role Of Hardiness And Autonomy Support On College Student Engagement, Kevin Douglas Cherry

Cal Poly Humboldt theses and projects

The gap between college student enrollment and graduation rates remains a problem for college students and administrators. Literature on persistence in college suggests that factors such as hardiness and autonomy support may contribute to student perseverance through degree attainment. The current study focused on these constructs using a framework based on self-determination theory (SDT; Ryan & Deci, 1985). Factors related to student persistence, namely hardiness and autonomy support, were expected to positively predict college student engagement. Furthermore, hardiness was expected to moderate the relationship between autonomy support and college student engagement. College students from a university and a community college …

The Words Mean What They Say: Chancery Court Adheres To Plain Meaning Of Typical Contract Terms, Robert S. Reder, Paul W. D'Ambrosio

Vanderbilt Law Review

No abstract provided.

Hunting For Nondelegation Doctrine's Snark, Roderick M. Hills

Vanderbilt Law Review

No abstract provided.

Democracy And Disenchantment, Ashraf Ahmed

Vanderbilt Law Review

No abstract provided.

What Are The Possible Causes And Effective Therapeutic Approaches Of Preeclampsia?, Adina Hadi

The Science Journal of the Lander College of Arts and Sciences

Preeclampsia is a complication of pregnancy primarily characterized by hypertension and proteinuria and affects other organs as well. The underlying causes are not yet fully understood. However, it is suggested that angiogenic factors of the placenta, genetic factors, a malfunctioning immune system, and oxidative stress all play a role in causing preeclampsia. Currently, the only definitive cure known for preeclampsia is delivery of the baby. Management of the condition includes taking preventative measures as well as drugs such as labetalol and MgSO4. This paper analyzes mechanisms of preeclampsia and determines the possible causes and most effective ways to manage the …

How To Measure And Value Wealth For A Federal Wealth Tax Reform, David Gamage, Ari Glogower, Kitty Richards

Articles by Maurer Faculty

Over the last several decades, wealth inequality has exploded, warping economic outcomes and limiting opportunity—for individuals and for the US at large.

Sky-high income inequality and runaway income gains for the nation’s highest earners compound that wealth inequality and are insufficiently taxed under the current tax regime.

Further, wealth in the US has always been heavily skewed by race.

Since the country’s founding, US laws and customs have prevented Black and brown people from receiving fair wages and accruing assets, thereby creating and perpetuating today’s massive racial wealth gap.

While our existing tax systems are ill-equipped to tackle these challenges, …

Valuation As A Challenge For Tax Administration, Leandra Lederman

Articles by Maurer Faculty

Valuation issues have long posed challenges for the U.S. federal tax system. This is not just because of questions about what technique will most accurately value particular types of property. A key problem for tax administration is that taxpayers have a financial incentive to claim erroneous, self-serving valuations. This Essay analyzes tax valuation through this tax compliance lens. In so doing, it highlights the importance that third parties to the taxpayer-government relationship act at arm’s length from the taxpayer. It also explains why penalties are insufficient to deter erroneous self-reported valuations. The Essay also draws on the tax compliance perspective …

Clinical Considerations For Treating Adult Survivors Of Child Sexual Abuse: A Proposal For Integrating Intersubjective Systems Theory And Feminist Perspectives, Kristen Schrijver

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

The goal of this paper is to offer clinical considerations for clinicians working with adult survivors of extrafamilial child sexual abuse (CSA) by 1) defining the stages of sexual abuse grooming of the child and their entire family system, 2) defining and integrating intersubjective and feminist approaches to treatment, and 3) providing methods for depathologizing CSA survivors’ experience of shame. These three objectives aim to increase awareness and knowledge of sexual abuse grooming, as well as offer an integrative theoretical framework for individual therapy with adult survivors of CSA.

Judicial Independence At Twilight, Charles G. Geyh

Articles by Maurer Faculty

Judicial independence is a fixture of American government, but its structure has never been fully understood. As long as the federal judiciary has survived episodic attacks with its independence intact, there has been no pressing need to know how or why. But a confluence of cyclical, sustained, and sudden developments now threatens the federal judiciary’s autonomy in arguably unprecedented ways and demands a more comprehensive analysis of judicial independence and its vulnerabilities. This article begins by reconceptualizing the structure of judicial independence in three tiers. At the apex is an ancient, Rule of Law Paradigm, which proceeds from the premise …

Entertainment-Education Behind The Scenes: Case Studies For Theory And Practice, Lauren B. Frank, Paul Falzone

Communication Faculty Publications and Presentations

This Open Access book tracks the latest trends in the theory, research, and practice of entertainment-education, the field of communication that incorporates social change messaging into entertaining media. Sometimes called edutainment, social impact television, narrative persuasion, or cultural strategy, this approach to social and behavior change communication offers new opportunities including transmedia and digital formats. However, making media can be a chaotic process. The realities of working in the field and the rigid structures of scholarly evaluation often act as barriers to honest accounts of entertainment-education practice. In this collection of essays, experienced practitioners offer unique insight into how entertainment-education …