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Understanding Unrecognized Chicana Leadership: Adversity, Resilience, Healing, And Liberation, Blanca Tavera

Dissertations

The path to Chicana leadership is laced with struggle, adversity, and intergenerationaltrauma—but strengthened by resilience. This research focused on unrecognized Chicana leadership generated by adversity and in response to years, decades, and centuries of social injustices, inequities, and systematic oppression. Interviews and focus groups were conducted using a Chicana feminist epistemology lens and testimonio methodology. Culture, language, spirituality, and intuition were dominant factors in the research. From an intuitive knowing, the women of the study redefined notions of sacrifice, healing, resilience, leadership, and liberation. In modeling what their mothers and the women before them had done, they understood the embodiment …

Culturally Responsive School Leadership In Continuation High Schools: An Alternative Approach In Leadership Styles, Roberto C. Portillo

Dissertations

Continuation high schools and the students they serve are often invisible and ignored to most Californians. However, state school authorities estimate that over 115,000 California high school students will pass through one of the state's 519 continuation high schools each year, to either graduate with a diploma, or to drop out of school altogether (Austin & Dixon, 2008). Principals in these schools must be exceptional and well prepared. However, principals have been trained to implement culturally responsive school leadership at their sites. Eight continuation high school principals described their experiences regarding their preparation, supports, challenges and successes in implementing culturally …

Communal Storywork: Deaf Education And The Latine Community, Noralee Jasso

Dissertations

In order to challenge the dominant and deficit perspectives in deaf education, this study utilized a Critical Race Theory framework to examine Latine families with Deaf children as they are portrayed in literature across areas of policy, research, and practice. Through qualitative semi-structured interviews, this research project invited nine adult Latine family members with Deaf children to share their lived experiences with having a Deaf child as part of the family and within a California school. To center the experiences of Latine families with Deaf children as visible, legitimate and necessary constituents of their children’s educational journeys, this research required …

International Intercollegiate Athletes: A Legal Pathway To Benefit From Their Name, Image, And Likeness In The United States, Alicia Jessop, Esq.

California Western International Law Journal

No abstract provided.

Timeout For Sports Trademark Overprotection: Comparing The United States, European Union, And United Kingdom, Jodi S. Balsam

California Western International Law Journal

No abstract provided.

Economic Evidence, Complex Litigation, And Tier One Soccer Across Borders, Jeff Todd, R. Todd Jewell

California Western International Law Journal

No abstract provided.

The Emerging Battle For Control Of Global Football, Steven A. Bank

California Western International Law Journal

No abstract provided.

Taking Back Sovereignty: The Importance Of Native Voices In Addressing Environmental Harms To Native Land, Emily Reeves

California Western International Law Journal

No abstract provided.

Will Brazil Ever Escape Its Tax "Madhouse"?: Key Takeaways For Foreign Investors, Nicolas Jose Muniz Arias

California Western International Law Journal

No abstract provided.

The Bi-Partisan Enabling Of Presidential Power: A Review Of David Driesen's The Specter Of Dictatorship: Judicial Enabling Of Presidential Power (2021), Jed Handelsman Shugerman

Faculty Scholarship

In "The Specter of Dictatorship: Judicial Enabling of Presidential Power," David Driesen questions the unitary executive theory and other doctrines of unchecked executive power. He offers primarily a critique of purposivism, a mix of original public meaning and more recent history illuminating those purposes: the Founders’ anti-tyranny purpose and then the rise of European tyranny from Nazi Germany to contemporary Hungary, Turkey, and Poland.
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/="/">This review first focuses on Driesen’s approach to Congress: He identifies the broad congressional delegation of powers to the president as a source of expansive executive power, but he does not entertain that doctrines …

Delaware's Dominance, Wyoming's Dare: New Challenge, Same Outcome?, Pierluigi Matera

Faculty Scholarship

Despite increasing criticism, Delaware's dominance in corporate law has not experienced a significant decline: as of today, 67.8 percent of Fortune 500 companies are still incorporated in its jurisdiction. Nevada is known as Delaware's most important competitor, with an aggressive strategy that has overridden the efforts of any other jurisdiction. Yet, its success has been limited to a specific market segment: small firms with low institutional shareholding and high insider ownership.

Scholars suggest several explanations for both the rise and the staying power of Delaware. These explanations are essentially subsumed under the credible commitment theory and the network theory. According …

Criminal Justice Secrets, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

The American criminal justice system is cloaked in secrecy. The government employs covert surveillance operations. Grand-jury proceedings are hidden from public view. Prosecutors engage in closed-door plea-bargaining and bury exculpatory evidence. Juries convict defendants on secret evidence. Jury deliberations are a black box. And jails and prisons implement clandestine punishment practices. Although there are some justifications for this secrecy, the ubiquitous nature of it is contrary to this nation’s Founders’ steadfast belief in the transparency of criminal justice proceedings. Further, the pervasiveness of secrecy within today’s criminal justice system raises serious constitutional concerns. The accumulation of secrecy and the aggregation …

Justice Breyer And Patent Eligibility, David O. Taylor

Faculty Journal Articles and Book Chapters

Justice Breyer leaves the Supreme Court having left a significant mark on patent eligibility law. In Mayo Collaborative Services v. Prometheus Laboratories, he eliminated the ability to obtain patents on many useful applications of new (and even breakthrough) discoveries. The author discusses how Justice Breyer’s test for patent eligibility both contradicts the historical approach and has had pernicious impact on the patent system and investment in development of technology, including, and in particular, medical technologies.

Public Carry And Criminal Law After Bruen, Eric Ruben

Faculty Journal Articles and Book Chapters

Gun rights supporters appear to be on the cusp of achieving a decades-long goal: defanging licensing laws for carrying handguns in public nationwide. More than 20 states have removed all licensing requirements for concealed carry, and most of the others now require little more than a background check. At oral argument in New York State Rifle & Pistol Ass’n v. Bruen, meanwhile, the Supreme Court seemed poised to strike down policies in the remaining states that limit licenses to those who can show a heightened need, or “good cause,” to carry a gun. If that happens, what comes next?

This …

Extraterritoriality And Conflict Of Laws, Anthony J. Colangelo

Faculty Journal Articles and Book Chapters

This Article views the modern federal presumption against the extraterritoriality of U.S. law through the lens of conflict of laws. It argues that the presumption makes many of the same mistakes that conflict methodologies have already made, and sometimes the mistakes are worse. It then proposes a way to harmonize federal extraterritoriality and state choice of law to identify a superior approach to both.

Law's Gaze, John Felipe Acevedo

Articles

No abstract provided.

Contracts In The Age Of Smart Readers, Yonathan A. Arbel, Becher, Shmuel I.

Articles

No abstract provided.

The Alchemy Of Effective Auditor Regulation, Sarah J. Williams

Lewis & Clark Law Review

The audit profession has repeatedly failed in its obligation to accurately opine on financial statements prepared by companies that trade in U.S. markets. The list of entities that have contributed to the quest for effective regulation of these auditors is long; it includes the American Institute of Certified Public Accountants (AICPA), the U.S. Securities and Exchange Commission (SEC), Congress, outside directors of public companies, and the Public Company Accounting Oversight Board (PCAOB), a recent congressional creation. Yet, despite 50 years of effort, the formula for efficacious oversight of the audit profession remains elusive.

This Article is the first in a …

Step-Parent As Fiduciary, Ruth Zafran

Lewis & Clark Law Review

Does a step-parent have any obligations toward the non-resident legal parent of the child? To date, the law has been silent on this point, and the scholarship has paid little, if any, attention to it. This Article argues that the conceptual framework of fiduciary enables us to recognize, both conceptually and legally, the relationship between the step-parent and the non-resident legal parent (who, generally speaking, spends less time with the child on a day-to-day basis). The aim of this fiduciary duty is to protect the more vulnerable party (in this specific context, the non-resident legal parent) from the more powerful …

Using Adaptive Governance To Protect Oregon’S Water Resources, Lauren Butz

Lewis & Clark Law Review

Over 30 years ago, Oregon adopted the innovative In-Stream Water Rights Act, which introduced new regulatory tools and incentives for encouraging efficient water consumption, and paved the way for the emergence of water trusts. However, Oregon’s water resources are under increasing strain as the state faces the challenges of over-appropriation and climate change. New solutions are needed to augment the existing regulatory framework. This Comment draws on the principles of adaptive governance and ecological resilience to formulate possible legal solutions to help the state adapt to increasing demands for water, proposing that Oregon leverage corporate social responsibility to encourage investments …

Title Ix Abroad: A Proposed Framework For Extraterritorial Application, Christina Vieira Da Rosa

Lewis & Clark Law Review

Regulatory changes to Title IX made clear that the statute’s sexual assault grievance procedures do not apply to incidents that take place outside the United States. This Comment explores the reasoning underlying these 2020 regulations, which signal a departure from prior interpretations of Title IX and limit recourse for U.S. students who are sexually assaulted while studying abroad. Ultimately, this Comment argues that Title IX should have an extraterritorial reach when both complainant and respondent are affiliated with U.S. institutions. Such a change would harmonize Title IX’s underlying purpose with the practical difficulties of investigating and adjudicating conduct occurring outside …

The Promise Of Patent-Backed Finance For Smes And Universities, And Shifting Patent Eligible Subject Matter, Mattias Karlsson Dinnetz, Michael S. Mireles

Lewis & Clark Law Review

This Article reviews and addresses some of the problems concerning adequate capital to develop patented inventions and products, and inhibiting the widespread use of patents to raise financing. The Article divides the IP finance market into three separate, but interrelated markets and analyzes problems, including U.S. patent-eligible subject matter doctrine, within those markets impeding patent-backed financing. The Article provides numerous proposals, some of which are in the literature, and calls for additional research for addressing the issues.

Criminal Disenfranchisement In State Constitutions: A Marker Of Exclusion, Punitiveness, And Fragile Citizenship, Nora V. Demleitner

Lewis & Clark Law Review

Many states prominently include criminal disenfranchisement provisions in their constitutions, which powerfully, and more permanently than state laws, convey the states’ values. These provisions also underscore the ease with which the protected status of citizenship, most pronounced in the right to vote, can be lost. Using the debate in Virginia over how to change the state’s constitution to limit disenfranchisement as a starting point, this Article highlights the need for inclusive voting provisions in state constitutions to reflect a broad conception of citizenship rights and the expansion of the franchise over the last century. Reform demands must be seen in …

Protecting The Sublette Antelope Migration: An Analysis Of The Evolution Of The Legal Tools Employed To Protect The Sublette Antelope Herd From Fencing Obstructions, Colin Reynolds

Lewis & Clark Law Review

A biological marvel of the natural world, each year a small herd of pronghorn antelope—called the Sublette herd—migrate over 300 miles through a mix of public and private land in Wyoming. The Sublette herd’s annual movement constitutes one of the largest remaining “big game” migrations within the continental United States. Unfortunately, this migration faces an increasing number of obstacles threatening its long-term viability; chief among them being fencing obstacles. This Comment examines the evolution of the legal tools the federal government, the state of Wyoming, and everyday citizens can use to protect the Sublette herd’s migration.

Crime And Excessive Punishment: How The Courts Accelerate The Race To Recidivism, Rachel Kunjummen Paulose

Lewis & Clark Law Review

Congress wants citizens to believe that it is very tough on crime. In federal statutes, as well as in the United States Sentencing Guidelines, authorities have imposed heightened penalties on criminals whose history demonstrates violence, a propensity for aggravated conduct involving guns and drugs, or a repetitive disregard for the law.

Who is an armed career criminal? What is an aggravated felony? Who is a career offender? Congress cannot be bothered with the details, but it assures an anxious public that it will lock up all these bad guys and throw away the key. Words matter in the law. By …

Market Myopia's Climate Bubble, Madison Condon

Faculty Scholarship

A growing number of financial institutions, ranging from BlackRock to the Bank of England, have warned that markets may not be accurately incorporating climate change-related risks into asset prices. This Article seeks to explain how this mispricing can exist at the level of individual assets drawing from scholarship on corporate governance and the mechanisms of market (in)efficiency. Market actors: 1. Lack the fine-grained asset-level data they need in order to assess risk exposure; 2. Continue to rely on outdated means of assessing risk; 3. Have misaligned incentives resulting in climate-specific agency costs; 4. Have myopic biases exacerbated by climate change …

The Happy Marriage Of Afro-Pessimism And U.S. Universities: Eurocentrism, Anti-Communism, And An Educational Recipe For Defeat, Derek R. Ford, Nino Brown

Education Studies Faculty publications

No abstract provided.

A Variable Node Optimization Model For Byzantine Fault Tolerant Systems, Ian Robert Fulton

Masters Theses

“Byzantine Fault Tolerance (BFT) has been a major subject of study over the last two decades with increasing societal dependance on secure, correct, and reliable computer systems and online services. This research presents a model for high-level optimization of emerging systems that rely on these BFT algorithms and use a variable numbers of decision nodes. The model highlights the relationship between the security of a system and its efficiency. Two experiments were performed to determine system performance by varying the number of compromised nodes, decision nodes, and total nodes. They examine the probability that a transaction will be compromised based …

Predicting Radiated Emissions From A Cable Harness Through Component Level Tests, Fuwei Ma

Masters Theses

“In this work, a procedure is developed to predict the radiated emissions from a cable harness using component-level tests. Direct measurement on the engine control unit is utilized to accurately characterize the equivalent common mode source voltages and impedance associated with the device. The cable harness geometry is reduced using the equivalent cable bundle approach by lumping wires according to the source and load impedance compared with characteristic impedance of the harness, which dramatically reduces the measurement effort and allows practical 3D full-wave simulation of the radiated emissions. Radiated emissions are predicted from an engine control unit (ECU) and an …

Industry 4.0 Remanufacturing: A Novel Approach Towards Smart Remanufacturing, Prashansa Ragampeta

Masters Theses

“Smart remanufacturing has become more popular in recent years as a result of its multiple benefits and the growing need for society to encourage a circular economy that leads to sustainability. One of the most common end-of-life (EoL) choices that can lead to a circular economy is remanufacturing. As a result, at the end-of-life stage of a product, it is critical to prioritize this choice over other accessible options because it is the only recovery option that retains the same quality as a new product. This work focuses on the numerous technologies that can aid in the improvement of smart …