Digital Commons Network^™

Controlling Fairness In Standard Form Contracts: What Can Courts Do, And What Should They Do?, Marcus Moore

All Faculty Publications

Unfair terms in standard form contracts are one of Contract Law's most notorious and enduring problems. The vast transnational literature on this, now a century old, has long worked out its contours, even as it still searches for more effective solutions. The central problem can be simply stated: A form drafter's ability to dictate terms-characteristically unknown and unbargained by the parties who are form recipients-allows, in the absence of any other legal control, for the incorporation of one-sided terms favouring the drafting party. The implications are significant: The exhaustive list of terms typical of such contracts, combined with the pervasiveness …

A Survey Of The Solitary Native Bees Of The Leach Botanical Garden, And Their Floral Associations, Joshua Page

Biology Undergraduate Honors Theses

Solitary native bees are known to be diverse, but are not well studied in Oregon. In order to identify the bee genera present in the Leach Botanical Garden, and their floral usage, a survey was conducted over 2020 and 2021. Biweekly sampling was used to collect bees on flowers, in order to obtain floral usage data. Bees were identified to genus with published taxonomic keys. In total, 19 genera of bees were found. Bee abundance fit a normal distribution, and peaked in July. Ceratina and Lasioglossum were a significant proportion of the population, and were present in the garden from …

Submission The Ministry Of Justice On Human Rights Act Reform Consultation — Q16: Should The Proposal For Prospective Quashing Orders Be Extended To Proceedings Under The Proposed Bill Of Rights?, Samuel Beswick

All Faculty Publications

I oppose the proposal in Question 16 of the Human Rights Act Reform Consultation to extend prospective quashing orders to proceedings under human rights law. I express no view here on suspended quashing orders, although I would urge the Government to consider experiences and critiques of this doctrine in comparable common law jurisdictions such as Canada before enacting this novel reform.

I have previously expressed opposition to prospective quashing orders in my submissions to the Judicial Review Reform Consultation and the House of Commons General Committee on the Judicial Review and Courts Bill 152, as well as in a contribution …

The Art Of Sim-Making: What To Learn From Film-Making, Fatimah Lateef, Brad Peckler, Eric Saindon, Shruti Chandra, Indrani Sardesai, Mohamed Alwi Abdul Rahman, S Vimal Krishnan, Afrah Abdul Wahid Ali, Rose V Goncalves, Sagar Galwankar

Department of Emergency Medicine Faculty Papers

The components of each stage have similarities as well as differences, which make each unique in its own right. As the film-making and the movie industry may have much we can learn from, some of these will be covered under the different sections of the paper, for example, "Writing Powerful Narratives," depiction of emotional elements, specific industry-driven developments as well as the "cultural considerations" in both. For medical simulation and simulation-based education, the corresponding stages are as follows: DevelopmentPreproductionProductionPostproduction andDistribution. The art of sim-making has many similarities to that of film-making. In fact, there is potentially much to be learnt …

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 …

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 …

The Impact Of Extracurricular Activities And Attendance On Student Achievement At A Mississippi Community College, Amanda Hyde Marbury

Doctoral Dissertations and Projects

The purpose of this quantitative study was to determine the impact of extracurricular activities and class attendance on student achievement in science courses at a Mississippi community college. Public colleges are dependent on state funding for survival, with one main criterion for determining that funding being the number of students enrolled. Students need to be successful in courses to keep up the retention and enrollment rates. Student success is potentially linked to class attendance and student involvement in extracurricular activities. Schools need to look at factors that might be affecting students’ performance in the classroom such as participation in extracurricular …

Policing The Polity, Eisha Jain

Faculty Publications

The era of Chinese Exclusion left a legacy of race-based deportation. Yet it also had an impact that reached well beyond removal. In a seminal decision, the U.S. Supreme Court upheld a law that required people of “Chinese descent” living in the United States to display a certificate of residence on demand or risk arrest, detention, and possible deportation. Immigration control provided the stated rationale for singling out a particular group of U.S. residents and subjecting them to race-based domestic policing. By treating these policing practices as part and parcel of the process of deportation, the Court obscured the full …

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 …

Automated Video Interviewing As The New Phrenology, Ifeoma Ajunwa

Faculty Publications

This Article deploys the new business practice of automated video interviewing as a case study to illuminate the limitations of traditional employment antidiscrimination laws. Employment antidiscrimination laws are inadequate to address the unlawful discrimination attributable to emerging workplace technologies which gatekeep employment opportunities. The Article maintains that the practice of automated video interviewing is based on shaky or unproven social scientific principles that disproportionately impact racial minorities. In this way, the practice of automated video interviewing is analogous to the pseudoscience of phrenology, which enabled societal and economic exclusion through the legitimization of eugenicist and racist attitudes. After parsing the …

The Mystery Of The Missing Choice-Of-Law Clause, John F. Coyle

Faculty Publications

There is widespread agreement among experienced contract drafters that every commercial contract should contain a choice-of-law clause. Among their many virtues, choice-of-law clauses facilitate settlement and reduce litigation costs. While most modern contracts contain these provisions, some do not. In many instances, the absence of these clauses may be attributed to outdated forms, careless drafting, inattentive lawyers, or some combination of the three. In a few instances, however, it appears that sophisticated contract drafters purposely omit choice-of-law clauses from their agreements. If these clauses add value to a contract — and there is nearuniversal agreement that they do — then …

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 …

Constraining Criminal Laws, F. Andrew Hessick, Carissa Byrne Hessick

Faculty Publications

This Article challenges the modern statutory interpretation of criminal laws. In doing so, it makes two distinct, but related contributions. First, it demonstrates that courts historically played a significantly more active role in interpreting criminal laws than they currently play. In particular, courts routinely interpreted statutes to reach no further than the text or the purpose, and they treated broadly written laws as ambiguous and in need of narrowing constructions. Put simply, courts used their interpretive powers to deliberately favor criminal defendants and constrain the criminal law. Second, it explains how a more active judiciary would combat some of the …

White Injury And Innocence: On The Legal Future Of Antiracism Education, Osamudia James

Faculty Publications

In the wake of the “racial reckoning” of 2020, antiracism education attracted intense attention and prompted renewed educator commitments to teach more explicitly about the function, operation, and harm of racism in the United States. The increased visibility of antiracism education engendered sustained critique and opposition, resulting in executive orders prohibiting its adoption in the federal government, the introduction or adoption of over sixty state-level bills attempting to control how race is taught in schools, and a round of lawsuits challenging antiracism education as racially discriminatory. Because antiracism so directly runs afoul of norms underlying American antidiscrimination law, including anticlassification, …

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, …

Robert Lenkiewicz: Witchcraft Collector, Ashley M. Hood

Provenance and Preservation

In 2018, Portland State University purchased a medieval codex containing a 1490 printing of Werner Rolewinck’s Fasciculus Temporum and a 1490 edition of the Malleus Maleficarum printed in Speier, Germany, by Peter Drach. Based on information from the bookseller in France, PSU has concluded that the codex most likely came from the collection of Robert Lenkiewicz (1941-2002), a twentieth-century English figurative painter who amassed a significant collection of rare books and incunables during his life.

Lenkiewicz’s artwork, interests, and book collection revolved around addiction and fanaticism, and one of the more noteworthy sections of his library focused on witchcraft and …

Sammelbände: The Many Anthologies Of Early Print, Michael Adair

Provenance and Preservation

This paper explores the meaning and context of Sammelbände incunabula, covering their place alongside other novel forms of information organization in a world of changing readership patterns, as well as their role as a response to the needs and challenges faced in the expanding and changing book trade of the early print period during the second half of the fifteenth century. It includes several appendices detailing Sammelbände known to contain early editions of the Malleus Maleficarum and Fasciculus temporum of Werner Rolewinck, and other, related works.

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.

A Brown Buffalo's Observations On Color (Blindness), Legal History, And Racial Justice In The Rocky Mountain West, Tom I. Romero Ii

Scholarly Works

No abstract provided.

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 …

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 …

Laboratories Of Democracy: State Law As A Partial Solution To Workplace Harassment, Ann C. Mcginley

Scholarly Works

This Article analyzes the substantive and procedural problems created by the federal judiciary in Title VII hostile work environment law that concurrently drains federal anti-harassment law of its meaning. The premise is that, at least for the near future, relying on federal courts and/or the U.S. Congress to protect employees' civil rights is likely fruitless. Instead, we should encourage state legislatures that seek to improve civil rights in employment in their own jurisdictions and state supreme courts to interpret their own state laws to recognize employees' civil rights to the fullest extent possible. Part II analyzes how federal courts decide …

Hypermethylation Of Pi3k-Akt Signalling Pathway Genes Is Associated With Human Neural Tube Defects, Tian Tian, Xinyuan Lai, Kuanhui Xiang, Xiao Han, Shengju Yin, Robert M Cabrera, John W Steele, Yunping Lei, Xuanye Cao, Richard H Finnell, Linlin Wang, Aiguo Ren

Faculty, Staff and Students Publications

Neural tube defects (NTDs) are a group of common and severe congenital malformations. The PI3K-AKT signalling pathway plays a crucial role in the neural tube development. There is limited evidence concerning any possible association between aberrant methylation in PI3K-AKT signalling pathway genes and NTDs. Therefore, we aimed to investigate potential associations between aberrant methylation of PI3K-AKT pathway genes and NTDs. Methylation studies of PI3K-AKT pathway genes utilizing microarray genome-methylation data derived from neural tissues of ten NTD cases and eight non-malformed controls were performed. Targeted DNA methylation analysis was subsequently performed in an independent cohort of 73 NTD cases and …

Embryonic Hypotaurine Levels Contribute To Strain-Dependent Susceptibility In Mouse Models Of Valproate-Induced Neural Tube Defects, John W Steele, Ying Linda Lin, Nellie Chen, Bogdan J Wlodarczyk, Qiuying Chen, Nabeel Attarwala, Madhu Venkatesalu, Robert M Cabrera, Steven S Gross, Richard H Finnell

Faculty, Staff and Students Publications

Valproic acid (VPA, valproate, Depakote) is a commonly used anti-seizure medication (ASM) in the treatment of epilepsy and a variety of other neurological disorders. While VPA and other ASMs are efficacious for management of seizures, they also increase the risk for adverse pregnancy outcomes, including neural tube defects (NTDs). Thus, the utility of these drugs during pregnancy and in women of childbearing potential presents a continuing public health challenge. Elucidating the underlying genetic or metabolic risk factors for VPA-affected pregnancies may lead to development of non-teratogenic ASMs, novel prevention strategies, or more targeted methods for managing epileptic pregnancies. To address …