Digital Commons Network^™

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 …

Optimization And Modeling Of Esd Protection Devices, Li Shen

Masters Theses

“Transient voltage suppressors (TVS) are used to protect ICs (integrated circuits) against overvoltage, ESD (Electrostatic Discharge), inductive load switching, and even lightning strikes. In this research, a transient behavior model framework for ESD protection devices is used for modelling four different types of TVS (non-snapback, snapback, spark gap like device and varistor). The System-Efficient ESD Design (SEED) methodology is utilized to strengthen the trust in the model framework by efficient simulation of ESD interaction of the off-chip ESD protection devices with the IC ESD protection device and associated measurement data.

Improvements in the TVS transient response, accounting for conductivity modulation, …

Man-In-The-Middle Attacks On Mqtt Based Iot Networks, Henry C. Wong

Masters Theses

“The use of Internet-of-Things (IoT) devices has increased a considerable amount in recent years due to decreasing cost and increasing availability of transistors, semiconductor, and other components. Examples can be found in daily life through smart cities, consumer security cameras, agriculture sensors, and more. However, Cyber Security in these IoT devices are often an afterthought making these devices susceptible to easy attacks. This can be due to multiple factors. An IoT device is often in a smaller form factor and must be affordable to buy in large quantities; as a result, IoT devices have less resources than a typical computer. …

Numerical Investigations Of 2-D Magnetic Nozzles On Pulsed Plasma Plumes, Joshua Daniel Burch

Masters Theses

"This research presents studies of a novel type of magnetic nozzle that allows for three-dimensional (3-D) steering of a plasma plume. Numerical simulations were performed using Tech-X's USim® software to quantify the nozzle's capabilities. A2-D planar magnetic nozzle was applied to plumes of a nominal pulsed inductive plasma (PIP) source with discharge parameters similar to those of Missouri S&T's Missouri Plasmoid Experiment (MPX). Argon and xenon plumes were considered. Simulations were verified and validated through a mesh convergence study as well as comparison with available experimental data. Periodicity was achieved over the simulation run time and phase angle samples were …

Using Lake Sediment Chemistry In The Exploration For Nickel Laterite Deposits In Tropical Regions, Gabriela Yvonne Ramirez

Masters Theses

"Developing reliable geochemical indicators to guide the search for ore deposits is a long-standing goal. This particularly applies to tropical regions that are often heavily vegetated which hampers boots-on-the ground exploration efforts. Here we present the preliminary results of a study that investigates the usefulness of lake sediment chemistry in the exploration for nickel laterite ore deposits in tropical regions using Lake Izabal, Guatemala, as a case study. Lake Izabal’s catchment area contains Ni laterite deposits along its northern shore, whereas no Ni-laterite discoveries have been made in the south except for a Ni mine in the southern region that …

Fringe Inheriting: Probate Avoidance At Both Ends Of The Wealth Spectrum, Allison Anna Tait

Law Faculty Publications

The principal system in the United States for transferring wealth from one generation to the next - the probate system - is a historically and steadfastly public one. Probate is a set of public processes and a court system created to situate and facilitate wealth transfer, giving legal imprimatur to the distribution of family money. Nevertheless, while the probate system may be the central and most conventional system for transferring wealth, not all families and individuals avail themselves of the system. The broad swath of families who avail themselves of the services and certain benefits of the probate system are, …

Connecting Implementation Science Community Engaged Research, Shoba Ramanadhan, S T Donaldson, Carlos Eduardo Siqueira, Vish Viswanath

Gastón Institute Publications

The Outreach Core of the U54 Partnership between the Dana-Farber/Harvard Cancer Center and the University of Massachusetts Boston created a new model for addressing cancer inequities that integrates implementation science, community- engaged research, and health promotion. Key elements of the approach include engaging a Community Advisory Board, supporting students from underrepresented minority backgrounds to conduct health promotion and community-engaged research, increasing the delivery of evidence-based cancer prevention programs to underserved communities (directly and by training local organizations), supporting research-practice partnerships, and disseminating findings. Our model highlights the need for long-term investments to connect underserved communities with evidence-based cancer prevention.

Outcome Measure Of Female Inmates In West Amazon, Carlos Eduardo Siqueira, Luiz C De Abreu, Italla M Pinheiro Bezerra

Gastón Institute Publications

Introduction: the prison system in the Brazilian state of Acre, located in the Western region of the Amazon, is a branch of the criminal justice system that has been suffering from issues such as overcrowding and growth in internal organized crime. The prevalence of these matters directly affects the resocialization of prisoners and inhibits the successful re-engineering of their social values and beliefs. Objective: to analyze the epidemiological profile of jailed women in the State of Acre, Brazil. Methods: in a cross-sectional descriptive study, 129 participants were recruited from female penitentiaries in the state of Acre. Conducted between August and …

Jan2022, Robert Kelly

Robert Kelly Manuscripts

No abstract provided.

Information Literacy Data Group 1 And 2, Taralyn Mcmullan, Clista Clanton, Jo Ann Otts, Wilma Powell Stuart, Angela Rand

Data and Datasets

Objective: This exploratory study examined perceived self-efficacy in information literacy skills in nursing students and discusses how collaborative relationships between nursing faculty and librarians can strengthen curricular efforts to support information literacy.

Methods: Using the Information Competency Assessment Instrument, a survey research design was used to determine student perceptions of their information literacy skills. Participants included nursing Baccalaureate, Master's and Doctoral students in each of these programs.

Results: The Information Competency Assessment Instrument identified low self-efficacy in the following categories: using an index, determining information needed for assignments, use of governmental documents, media sources, producers of information and citing sources. …

The Internal Point Of View In Private Law, Paul B. Miller, Jeffrey A. Pojanowski

Journal Articles

Many leading private law theorists claim to analyze private law from an internal point of view; a vantage point within which private law doctrine, institutions and procedure enjoy pride of place. Private law theory of a generation ago distinguished the internal from external points of view, valorizing the former and criticizing the latter for ignoring the normativity of private law or for mistaking private law for public law or regulation. The New Private Law, by contrast, asserts the complementarity of internal and external points of view, partly by emphasizing the value of functionalist analyses of legal form. In this article, …

Corporate Criminal Liability: End It, Don’T Mend It, Stephen F. Smith

Journal Articles

From the Author

In this Article, I make the case in favor of abolishing corporate criminal liability. Criminal liability for corporations is peculiar, given that “entity liability” does not otherwise exist in criminal law. The legal system appropriately deals with law-breaking within other entities (such as police departments and labor unions) solely through criminal prosecutions of the individual offenders and civil suits against the entities within which criminality occurred. Corporate criminal liability is another example of overcriminalization, in which criminal law is unjustifiably used to address problems better dealt with through other means. Finally, corporate criminal liability is fundamentally incompatible …

Creating A Sense Of Belonging For Latinx Students In Community College: You Matter, You Fit In, And You Belong, Francisco Javier Bataz

Graduate Research Theses & Dissertations

This dissertation examines the perceptions of Latinx sense of belonging in a Midwest community college and how their academic and social experiences are impacted. Sense of belonging is meaningful to community college students because Latinx students are historically underserved in postsecondary education. The goal is to better understand the perceptions of Latinx students in a community college setting and to find out what factors impact sense of belonging. This study is significant because Latinx student retention outcomes in higher education are very low. The Latinx population is the fastest growing group in the United States. Therefore, providing support and an …

Collaboration Literacy In Technical Communication: Using Workplace-Based Teamwork Practices And Technologies To Teach Distributed Knowledge Work, Marcy Bock Eastley

Graduate Research Theses & Dissertations

Workplace changes and the continuing evolution of how we define and practice technical communication require that we consider collaboration in ways we may not have imagined ten, five or even two years ago. The unexpected COVID-19 pandemic pushed our world and collaboration into additional and unanticipated directions. Since one of our responsibilities as educators is to prepare our students for success in the workplace and beyond, we must take a closer look at how we understand and teach collaboration in our classrooms. While collaboration appears in existing technical communication pedagogical models, it has been viewed as an element of social …

Instructors’ And Students’ Attitudes And Practices Towards Using Critical Pedagogy In Taiwan, Chiaping Jennifer Chang

Graduate Research Theses & Dissertations

The purpose of the study is to investigate instructors’ and students’ attitudes and practices towards using critical pedagogy (CP) in Taiwan. This study integrates critical theory and emphasizes the necessity of examining the historical, political, social, and language education contexts. Respondents included 68 instructors and 265 college EFL students in Taiwan. This study used mixed-methods, which combined quantitative and qualitative data collection. The quantitative data used two instruments developed by the researcher: 1) the critical pedagogy inventory for instructors and, 2) the critical pedagogy inventory for students. The qualitative data were collected through interviews with six instructors and six student-focus …

Examining Teaching Styles And Classroom Management Through The Lens Of Self-Determination Theory: Implications For Race, Culture And Discipline, Peter J. Cunningham

Graduate Research Theses & Dissertations

Background/Purpose: Historical and contemporary research has clearly demonstrated that racial and cultural minority students experience discrepant school discipline when compared to their White peers, which leads to profound negative outcomes (Wu et al., 1980; Skiba et al., 2011; Fireman & Wang, 2010, Peguero & Shekarkhar,2011; Skiba et al., 2011; Rocque & Paternoster, 2011; Bates & Glick, 2013; Bal, Betters-Bubon, & Fish, 2019). While a number of steps have been taken to address this discrepancy, Self-Determination Theory (SDT), and specifically the Basic Psychological Needs Mini-Theory (BPNT), can potentially inform teaching styles that could be used to increase motivation and engagement for …

A Phenomenological Study Of Individuals Who Practice A Religion Based On Yorùbá Traditions And Have Formally Engaged In Professional Counseling, Jamille J. Edwards

Graduate Research Theses & Dissertations

This qualitative study explored the lived experiences of individuals who practice a religion based on Yorùbá traditions and have formally engaged in professional counseling. There are a variety of indigenous religious systems that have derived from Yorùbá which are often viewed as people who are unlikely to discuss their engagement in a formal counseling relationship. This study considered the nature of how many individuals who practice a religion based on Yorùbá traditions approach counseling from a different perspective. The philosophy of Carl Rogers’ person-centered theory was used as the framework for defining the counseling relationship and the counseling process. An …

Understanding The Challenges And Ways In Which High School Principals Lead For All, Alexia Adele Ellett

Graduate Research Theses & Dissertations

This dissertation examines the complexities of equity work in suburban high schools and the challenges in leading this work as a high school principal, and it is organized into three separate parts. Paper 1 is a review of the literature defining equity, examining equity of what, and delving into the many reasons why there is resistance to this work. All three of these topics are interrelated and help one to understand why creating schools that work for all students has become increasingly challenging work, and also, the most important work that we, as educators, must focus on to truly serve …

Estimating The Sex Of A Skeleton Using Measurements Of The Femur: Assessing Accuracy Among People Of Different Ancestry And Historic Periods, Hannah Decker

Graduate Research Theses & Dissertations

Two of the most common elements used for sex estimation in humans are the pelvis and the skull, as measurements of these two regions can provide highly accurate results. However, in some forensic cases and archaeological sites, the skull and pelvis may be damaged or missing. As a result, it is important to develop methods for estimating the sex of an individual from other bones of the body. In this study, I specifically examined the femur and determined classification accuracy rates for six femoral measurements: the supero-inferior neck diameter, epicondylar breadth, vertical head diameter, transverse femoral head diameter, femoral shaft …