Digital Commons Network^™

Trust In Science: The Crisis Of Expertise As An Ideological, And Not Only A Scientific Controversy, David S. Caudill

Faculty Publications

Within the so-called "culture wars" dividing our nation politically, there is a law-related division over the trustworthiness of consensus science-the so-called "crisis of expertise." When the science concerning climate change, mask-wearing, or vaccinations becomes politicized, it loses its mooring in scientific evidence and impacts the effectiveness of regulatory law. Perhaps counter-intuitively, however, the solution is likely not to wear "Because Science" t-shirts while insisting on "cold, hard facts" and diagnosing as stupid those who believe the scientific theories of marginalized, minority-view scientists. Indeed, a certain level of modesty-regarding the uncertainties and tentativeness of even the best science-is necessary for the …

Systematic Approach To Recruiting And Retention Of Instrumental Students In Division One University Marching Band, Michael G. Yopp

Doctoral Dissertations and Projects

This study examines recruitment and retention in Division One (D1) university marching bands, while understanding high school and university directors’ perspectives and impact on student choice. This project surveyed university band directors, seeking commonalities for recruiting and retention of instrumental students. Based on the results, universities will have better strategies on what, how, and why recruitment and retention issues should be addressed. Student enrollment is important to the well-being, development, and continuity of marching band programs. They may result in better recruitment and retention for other university ensembles, applied studios, the music department, and the university enrollment overall. This study …

Case Study Of Lived Experiences: Three Male Peer Recovery Coaches At A Community-Based, Spiritual, Residential Substance Abuse Recovery Program, Vicki Lynn Moak

Doctoral Dissertations and Projects

Substance use disorder is one of the most universal clinical and public health concerns in the United States. A shift in the behavioral health field from short-term cures to long-term recovery found peer-based recovery services to be a notable asset. The peer recovery coach (PRC), experientially equipped through personal substance use disorder history and recovery, is the fastest growing role in peer services. Very limited research exists into the lived experience of PRCs and the impact of the PRC role on personal recovery. This investigation aimed to fill gaps in the literature related to PRCs’ lived experience and personal recovery. …

Using Heidisongs Music As An Instructional Tool In The Elementary School Classroom: A Case Study, Leia Denise Jobe

Doctoral Dissertations and Projects

The purpose of this qualitative multiple case study is to understand how teachers use HeidiSongs music as an instructional tool in the elementary school classroom. HeidiSongs uses multisensory structured language education to teach by engaging multiple senses simultaneously to increase retention. The theories guiding this study include Gardner’s theory of multiple intelligences, which involves kinesthetic intelligences among other types of intelligences, and Krashen’s theory of second language acquisition. HeidiSongs uses both musical and kinesthetic activities to enhance literacy. The central research question focused on how teachers use HeidiSongs music as an instructional tool in the elementary school classroom. The sub-questions …

Christian Devotional Meditation And Holistic Well Being, Raymond D. Paxton

Doctoral Dissertations and Projects

Holistic well-being is a concept that implies humans are multidimensional and require a broad approach to help them achieve life contentment and satisfaction. Spirituality, relationships, emotional functioning, and biology all play a part in achieving this life balance and satisfaction. Interpersonal neurobiology suggests that early life experiences can contribute to underdeveloped brain structures resulting in the diminished ability to form meaningful attachment relationships that help foster contentment as an adult. This ability to engage in positive and supportive relationships has impact on life and holistic well-being. Further, the inability to form close relationships, engage, and emotionally connect with others has …

Multi-Omics Insights Into The Biological Mechanisms Underlying Statistical Gene-By-Lifestyle Interactions With Smoking And Alcohol Consumption, Timothy D Majarian, Mary F Feitosa, Michael Province, Dabeeru C Rao, Karen Schwander, Yun Ju Sung, C Charles Gu, Et Al.

2020-Current year OA Pubs

Though both genetic and lifestyle factors are known to influence cardiometabolic outcomes, less attention has been given to whether lifestyle exposures can alter the association between a genetic variant and these outcomes. The Cohorts for Heart and Aging Research in Genomic Epidemiology (CHARGE) Consortium's Gene-Lifestyle Interactions Working Group has recently published investigations of genome-wide gene-environment interactions in large multi-ancestry meta-analyses with a focus on cigarette smoking and alcohol consumption as lifestyle factors and blood pressure and serum lipids as outcomes. Further description of the biological mechanisms underlying these statistical interactions would represent a significant advance in our understanding of gene-environment …

Age Differences In The Association Between Sleep And Alzheimer's Disease Biomarkers In The Epad Cohort, Sharon L Naismith, Yue Leng, Jake R Palmer, Brendan P Lucey

2020-Current year OA Pubs

INTRODUCTION: We aimed to determine the independent association between sleep quality and Alzheimer's disease (AD) biomarkers, and whether the associations differ with age.

METHODS: We included 1240 individuals aged ≥50, without dementia from the

RESULTS: For the youngest age tertile, shorter sleep duration and higher sleep efficiency were associated with greater p-tau/Aβ42 ratio. For the oldest tertile, longer sleep latency was associated with greater p-tau/Aβ42.

DISCUSSION: Differential relationships between sleep and AD pathology depend on age. Short sleep duration and sleep efficiency are relevant in middle age whereas time taken to fall asleep is more closely linked to AD biomarkers …

The Inequity Of Informal Guidance, Joshua D. Blank, Leigh Z. Osofsky

Faculty Publications

The coexistence of formal and informal law is a hallmark feature of the U.S. tax system. Congress and the Treasury enact formal law, such as statutes and regulations, while the Internal Revenue Service offers the public informal explanations and summaries, such as taxpayer publications, website frequently asked questions, virtual assistants, and other types of taxpayer guidance. Throughout the COVID-19 pandemic, the IRS increased its use of informal law to help taxpayers understand complex emergency relief rules implemented through the tax system.

In contrast to many other legal scholars who have examined important administrative law issues regarding informal tax guidance, in …

Automated Legal Guidance At Federal Agencies, Joshua D. Blank, Leigh Z. Osofsky

Faculty Publications

When individuals have questions about Federal benefits, services, and legal rules, they are increasingly seeking help from government chatbots, virtual assistants, and other automated tools. Current forms of automated legal guidance platforms include the U.S. Citizenship and Immigration Services’s “Emma,” the U.S. Department of Education’s “Aidan,” and the Internal Revenue Service’s “Interactive Tax Assistant.” Most scholars who have studied artificial intelligence and Federal government agencies have not focused on the government’s use of technology to offer guidance to the public. The absence of scholarly attention to automation as a means of communicating government guidance is an important gap in the …

Beyond The Marketplace Of Ideas: Bridging Theory And Doctrine To Promote Self-Governance, David S. Ardia

Faculty Publications

This article proceeds in three parts. Part I examines the longstanding debate over the First Amendment’s purpose and explains why the marketplace of ideas theory has come to dominate both judicial and public understanding of the First Amendment’s speech and press clauses. The marketplace theory’s ascendancy, however, has proven to be problematic. It rests on an overly simplified account of public discourse, treating speech as merely a commodity that can be allocated through market-style transactions, and it has come to embody an extreme version of libertarian economic thinking that is undermining the very democratic processes the First Amendment was intended …

Restoring Faith In Military Justice, Eleanor T. Morales, John W. Brooker

Faculty Publications

The military justice system was designed to maintain good order and discipline, strengthen national security, and achieve justice. After military leaders failed to effectively address the sexual assault crisis within the armed forces, Congress lost faith in this system. In response, Congress enacted sweeping legislative reform, transferring prosecutorial discretion for the most serious offenses from commanders to military lawyers. Unlike civilian prosecutions, most decisions within the military justice system have overwhelmingly favored one consideration: maintaining good order and discipline in the unit. While Congress’s reforms change who makes the decisions in many cases, they will have little effect unless military …

The Anti-Parent Juvenile Court, Barbara A. Fedders

Faculty Publications

This Article identifies and analyzes features of the juvenile delinquency court that harm the people on whom children most heavily depend: their parents. By negatively affecting a child’s family—creating financial stress, undermining a parent’s central role in rearing her child, and damaging the parent-child bond—these parent-harming features imperil a child’s healthy growth and development. In so doing, the Article argues, they contravene the juvenile court’s stated commitment to rehabilitation.

In juvenile court, fees and fines are assessed against parents, who also often must incur lost wages to comply with court orders. In addition, while youths of all economic backgrounds and …

Which Transportation Technologies Do We Want?, Michael Lewyn

Scholarly Works

A review of Todd Litman's book, New Mobilities- Smart Planning for Emerging Transportation Technologies

Temporal Stability Of Seagrass Extent, Leaf Area, And Carbon Storage In St. Joseph Bay, Florida: A Semi-Automated Remote Sensing Analysis, Marie Cindy Lebrasse, Blake A. Schaeffer, Megan M. Coffer, Peter J. Whitman, Richard C. Zimmerman, Victoria J. Hill, Kazi A. Islam, Jiang Li, Christopher L. Osburn

OES Faculty Publications

Seagrasses are globally recognized for their contribution to blue carbon sequestration. However, accurate quantification of their carbon storage capacity remains uncertain due, in part, to an incomplete inventory of global seagrass extent and assessment of its temporal variability. Furthermore, seagrasses are undergoing significant decline globally, which highlights the urgent need to develop change detection techniques applicable to both the scale of loss and the spatial complexity of coastal environments. This study applied a deep learning algorithm to a 30-year time series of Landsat 5 through 8 imagery to quantify seagrass extent, leaf area index (LAI), and belowground organic carbon (BGC) …

Imaging Technologies Build Capacity And Accessibility In Phytoplankton Species Identification Expertise For Research And Monitoring: Lessons Learned During The Covid-19 Pandemic, Sophie Clayton, Leah Gibala-Smith, Kathryn Mogatas, Chanel Flores-Vargas, Kayla Marciniak, Maci Wigginton, Margaret R. Mulholland

OES Faculty Publications

As primary producers, phytoplankton play an integral role in global biogeochemical cycles through their production of oxygen and fixation of carbon. They also provide significant ecosystem services, by supporting secondary production and fisheries. Phytoplankton biomass and diversity have been identified by the Global Ocean Observing System (GOOS) as Essential Ocean Variables (EOVs), properties that need to be monitored to better understand and predict the ocean system. Phytoplankton identification and enumeration relies on the skills and expertise of highly trained taxonomic analysts. The training of new taxonomic analysts is intensive and requires months to years of supervised training before an analyst …

Genocide In East Turkestan: Exploring The Perspectives Of Uyghurs In The Diaspora And Their Resistance To Chinese State Violence, Lina Semyonovna Lenberg

Doctoral Dissertations

The Uyghurs of Xinjiang Uyghur Autonomous Region—or East Turkestan, as many Uyghurs call their Indigenous homeland in northwestern China, are a Muslim ethnic group whose culture and identity are being systematically destroyed by the Chinese state. Since 2016, Uyghurs have been imprisoned in China’s “re-education camps” on an enormous scale, numbering up to three million. Uyghurs have experienced discrimination and marginalization in China for many years, yet relatively little attention has been given to what has now become a set of gross human rights violations amounting to crimes against humanity and genocide. The purpose of this study was twofold. First, …

Database Of Marginal Notation In The Psu 1490 Codex: Objectives, Organization, And Continuation, Andi Johnson

Extra-Textual Elements

Portland State University Library's combined 1490 editions of the Fasciculus temporum and Malleus maleficarum contain over 150 individual marginal markings and notations. These marks have been made by numerous readers throughout the monograph's five-century lifespan.

This report accounts for efforts to construct a tool that would allow future students and scholars to visually compare and organize marks was needed before any in-depth analysis of readership could be made, describing the objectives, processes and applications that have defined its development. The tool that was needed was a visual database that enables the visual comparison of markings within the two texts. This …

Review, Introduction, And Preliminary Documentation Of Marginalia In Portland State University’S Fasciculus Temporum/Malleus Maleficarum Sammelband, Samuel Barnack

Extra-Textual Elements

This paper presents an overview of the contents of the new database of written marginal notations in Portland State University’s fifteenth-century printed codex, and some of the research threads that can be taken up from a study of those notations.

The motive for this project was an interest in readership usage of the codex and the two books contained within it. It begins by discussing terms that Andi Johnson and I elected to use to tag and name different categories of features, then I discuss some of the findings and possible future research avenues that can expand on them.

Finally, …

Prominence Of Manicules Within Early Editions Of The Malleus Maleficarum, Matthew Jurkiewicz

Extra-Textual Elements

Marginal notation is extremely common in incunabula. The Portland State University Malleus Maleficarum (1490) is no exception to this trend, and contains various types of marginal notation throughout the text. Among them are three examples of manicules, a form of notation where readers draw a hand to note important sections of a text.

This paper examines the frequency of manicules in fifteen different early copies of the Malleus Maleficarum, along with the sections of the text in which the manicules are concentrated, in order to ascertain whether or not the usage of the PSU Malleus Maleficarum shares similarities with …

Bulletin: General Catalog Issue 2022-2023, Portland State University

Bulletin & Curriculum Change Documents

No abstract provided.

Data Files: Simulations In Pre-Service Child Welfare Training: Effects Of Moving From In-Person To Virtual Practice, Katie Street, Kirstin O’Dell, Kate Normand, Cassandra Anderson

Center for Improvement of Child and Family Services Datasets

No abstract provided.

The Constitutional Costs Of School Policing, Maryam Ahranjani, Natalie Saing

Scholarly Works

Responding to fears of violence and liability on K-12 campuses, local school boards and superintendents have made on-site or embedded school police omnipresent in American public schools. Yet, very little attention is paid to the many costs associated with their presence. When situating law enforcement's presence squarely in the racist history of policing and school policing the juxtaposition with the civic purpose of public education reveals significant constitutional costs. This Article builds on existing scholarship by bringing attention to the conflict between the First, Fourth, Fifth, Eighth, and Fourteenth Amendments and the dimensions of embedded school police. Ultimately, schools must …

The Color Of Local Government: Observations Of A Brown Buffalo On Racial Impact Statements In The Movement For Water Justice, Tom I. Romero Ii

Scholarly Works

This Article advocates for the adoption of racial impact statements ("RIS") in local government decision making, particularly among water utilities. Situated in the larger history of water and climate injustice in Colorado and the arid American West, this Article examines ways that racially minoritized communities engage and contest legal and political water regimes. The Article then explores how water utilities could use RISs in the acquisition, treatment, and delivery of drinking water. If made a part of the everyday work of water utilities, RISs provide a useful tool to center the history and lived experiences of racially minoritized communities battling …

Access To A.I. Justice: Avoiding An Inequitable Two-Tiered System Of Legal Services, Drew Simshaw

Scholarly Works

Artificial intelligence (AI) has been heralded for its potential to help close the access to justice gap. It can increase efficiencies, democratize access to legal information, and help consumers solve their own legal problems or connect them with licensed professionals who can. But some fear that increased reliance on AI will lead to one or more two-tiered systems: the poor might be stuck with inferior AI-driven assistance; only expensive law firms might be able to effectively harness legal AI; or, AI's impact might not disrupt the status quo where only some can afford any type of legal assistance. The realization …

Surveilling Potential Uses And Abuses Of Artificial Intelligence In Correctional Spaces, Justin Iverson

Scholarly Works

In section II, this paper will begin with an analysis of the development of AI, noting famous examples and establishing a baseline definition as a lens for the rest of this discussion. This paper will assess aspects of AI and machine learning to the extent it furthers our understanding of AI’s ability to collect data and make decisions. Some popular culture references will be brought into focus here to recognize storytelling’s ability to inspire and influence real-world scientific pursuits. Of preliminary importance, the AI we have both dreamed of and feared are certainly kept in mind as technology advances through …

Indigenous Subjects, Addie C. Rolnick

Scholarly Works

No abstract provided.

Misogyny And Murder, Ann C. Mcginley

Scholarly Works

The Atlanta-area shootings of six Asian women in massage parlors in March 2021 raised awareness about anti-Asian discrimination and violence in the United States. When the perpetrator, Robert Aaron Long, shot the Atlanta-area spa victims, public speculation arose about whether he was motivated by hatred for the Asian victims because of their race. Many wondered whether the shooter would be charged and convicted of hate crimes against the victims. When asked by police about his motives, the perpetrator stated that he had a "sex addiction," meaning that the spas created intolerable sexual temptations that he was unable to resist. Considering …

Looking South: Toward Principled Protection Of U.S. Workers, Ann C. Mcginley

Scholarly Works

No abstract provided.

Joint Authorship And Dramatic Works: A Critical History, Mary Lafrance

Scholarly Works

This Article examines the evolution of copyright law pertaining to collaborative authorship and finds that much of the core legal doctrine in this area arose from disputes involving dramatic works. This fresh look at theatrical collaborations reveals a rich history that calls into question the modem judicial presumption that dramatic writing is the product of individual genius. Examining the history of Anglo- American law's response to collaboration in dramatic works offers valuable insight into the development of multiple concepts related to authorship-in particular, the rules governing derivative works, works made for hire, and joint works. It also demonstrates that the …

Carrie Menkel-Meadow: Leading Us Toward Justice And Peace, Jean R. Sternlight

Scholarly Works

This Essay explores how Carrie Menkel-Meadow's life and work have both highlighted the path of "And"-showing and explaining that it is not only possible but also desirable to seek justice as well as peace, to be both activist and neutral. Of course, tensions will remain. Regarding particular issues in specific moments we all must decide which path we can and should take. Which activism is best, and which goes too far? With whom can we or should we negotiate, and when should we instead say, "I can't negotiate with this person or group"? When should we talk and listen, and …