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Introduction To The Bremer-Kovacs Collection: Historic Documents Related To The Administrative Procedure Act Of 1946 (Heinonline 2021), Emily S. Bremer, Kathryn E. Kovacs

Journal Articles

Few statutes have a legislative history as rich, varied, and sprawling as the Administrative Procedure Act of 1946 (APA). In recent years, courts and scholars have shown increased interest in understanding this history. This is no mean feat. The APA’s history spans nearly two decades, and it includes numerous failed bills, a presidential veto, and a full panoply of congressional documents. In addition, much of the most crucial documentation underlying the APA was produced outside of Congress—by the executive branch—and even outside of government—by the American Bar Association. Identifying and locating all the relevant documents is difficult. Understanding each piece …

When Should Governments Invest More In Nudging? Revisiting Benartzi Et Al. (2017), Avishalom Tor, Jonathan Klick

Journal Articles

Highly influential recent work by Benartzi et al. (2017) argues—using comparisons of effectiveness and costs—that behavioral interventions (or nudges) offer more cost-effective means than traditional regulatory instruments for changing individual behavior to achieve desirable policy goals. Based on this finding, these authors further conclude that governments and other organizations should increase their investments in nudging to supplement traditional interventions. Yet a closer look at Benartzi et al.’s (2017) own data and analysis reveals that they variously exclude and include key cost elements to the benefit of behavioral instruments over traditional ones and overstate the utility of cost-effectiveness analysis for policy …

Empirical Analysis Of National Court Enforcement Of International Commercial Arbitration Awards, Roger P. Alford, Crina Baltag, Matthew E.K. Hall, Monique Sasson

Journal Articles

The empirical research in this article relies on a data set including all national court decisions on recognition, enforcement and setting aside (vacatur) of international commercial arbitration awards available in the Kluwer database that were rendered from 1 January 2010 to 1 June 2020. Within the time parameters of this study, there were 504 vacatur actions and 553 offensive recognition and enforcement actions. Those decisions were rendered by national courts in 74 different jurisdictions.

The research coded every argument raised by defendants challenging the recognition and enforcement of awards based on grounds set forth in Article V of the United …

Coming Full Circle On Human Rights In The Global Economy: International Economic Law Tools To Realize The Right To Development, Diane A. Desierto

Journal Articles

From the Article

This article argues that the discipline and profession of international economic law has undergone a significant architectural change to focus on human rights law as both the premise and promise of the international economic system. Contrary to prevailing currents that focus on the irrelevance of the global economic system to realize human rights, this article argues that international economic law tools have already been converging within the last decade to authentically realize the Right to Development of individuals, groups, and populations. The Draft Convention on the Right to Development defines the right as the enjoyment, participation, and …

Characterizing Changes In Extreme Ozone Levels Under 2050s Climate Conditions: An Extreme-Value Analysis In California, Bradley Wilson, Mariah Pope, Jeremy R. Porter, Edward Kearns, Evelyn Shu, Mark Bauer, Neil Freeman, Mike Amodeo, David Melecio-Vazquez, Ho Hsieh, Maggie Tarasovitch

Publications and Research

Ground-level ozone has a well established climate penalty associated with changing meteorological conditions under future climate change, but most existing research focuses exclusively on ozone-temperature relationships defined at specific locations. Using an extreme-value theory approach, we model relationships between temperature, humidity, and vapor pressure deficit and maximum daily 8 h ozone concentrations (MDA8) across California using a combination of ozone station network data and Community Multiscale Air Quality Modeling System (CMAQ) model output from 2008 to 2017. We use a spatial regression with time varying bias coefficients to fuse station observations and modeled output into a spatially explicit gridded ozone …

The Indian Mission Of The Institute Of Blessed Virgin Mary (Ibvm) Nuns: Convents, Curriculum, And Indian Women, Nilanjana Paul

History Faculty Publications

This study focuses on the Indian mission of IBVM nuns, and the role played by them in the spread of female education in India. While acknowledging that missionaries were part of the imperial process, this study analyzes the work of Catholic nuns in India, their convents, and curriculum to show how their work advanced women’s educational opportunities in India. In the process the study examines how Catholic nuns resisted the dominating attitude of the Catholic Church in India. The last section of the article examines how Christian influence under missionaries not only prepared good mothers and wives but also trained …

Harnessing The Power Of Interdisciplinary Research With Psychology-Informed Cyberbullying Detection Models, Deborah Hall, Yasin N. Silva, Brittany Wheeler, Lu Cheng, Katie Baumel

Computer Science: Faculty Publications and Other Works

Cyberbullying has become increasingly prevalent, particularly on social media. There has also been a steady rise in cyberbullying research across a range of disciplines. Much of the empirical work from computer science has focused on developing machine learning models for cyberbullying detection. Whereas machine learning cyberbullying detection models can be improved by drawing on psychological theories and perspectives, there is also tremendous potential for machine learning models to contribute to a better understanding of psychological aspects of cyberbullying. In this paper, we discuss how machine learning models can yield novel insights about the nature and defining characteristics of cyberbullying and …

Development Of A Piezo-Mechanical Battery, Caleb Aba-Onukaogu Aba-Onukaogu

Theses and Dissertations

The piezo-mechanical battery is designed to store energy in a flat spiral spring and harvest the kinetic energy of the unwinding spring using piezoelectric unimorph cantilever beams. The system, initially proposed on a micro scale, was designed to function on a macro scale. The power spring of the system was designed to deliver enough torque to run the system and provide enough force to the escapement mechanism to excite the cantilever beams. The gear system is designed as a compound epicyclic gear system with a gear ratio of 55:1. The cantilever beams were designed to act as springs as well …

The Experience Of Saudi Students Writing Academic English In Sex-Separated Classrooms, Rana Alsaadi

Theses and Dissertations

This is a qualitative research that investigates the experiences of undergraduate Saudi female and male students majoring in English at Taif University, Saudi Arabia. These students were part of different sections of a course that teaches academic English writing and research in an English as a Foreign Language context. These Saudi female and male students draw on their perceptions of three main points; First, how they experienced the academic English writing course in sex-separated classrooms. Second, how the current sex-separated classrooms influence their learning of English and how if this hypothetically change to mixed-sex classrooms their experiences in learning English …

A Novel Numerical Model For Transient Mixed-Flow Analysis In Pipe And Conduit Systems, David B. Khani

Theses and Dissertations

While responding to a wet weather flow event, stormwater pipe systems experience complex transient flow in which both open channel and pressurized flow regimes may coexist. The resulting transient flows may induce significant positive and negative pressure surges that can be intense enough to compromise the integrity of the system such as pipe rupture or flooding the streets and damage to properties. Unfortunately, available off-the-shelf software such as InfoWorks, Mike Urban, etc. are not comprehensive enough to capture all features of the resulting transient flows. When the elastic feature of the flow system becomes of significant importance, these models fail …

The Architecture And Dynamics Of Gene Regulatory Networks Directing Cell-Fate Choice During Murine Hematopoiesis, Joanna Handzlik

Theses and Dissertations

Mammals produce hundreds of billions of new blood cells every day througha process known as hematopoiesis. Hematopoiesis starts with stem cells that develop into all the different types of cells found in blood by changing their genome-wide gene expression. The remodeling of genome-wide gene expression can be primarily attributed to a special class of proteins called transcription factors (TFs) that can activate or repress other genes, including genes encoding TFs. TFs and their targets therefore form recurrent networks called gene regulatory networks (GRNs). GRNs are crucial during physiological developmental processes, such as hematopoiesis, while abnormalities in the regulatory interactions of …

Voice Of The Voiceless: Alumni Of A Rural North Dakota School Respond To Traditional Urban Solutions For Rural Education, Thomas Warman

Theses and Dissertations

Equitable school district funding is a constant challenge for state legislatures. When budgets must be trimmed, the panacea for state legislatures has traditionally been approached strictly through the lens of economic efficiency. Since small rural schools typically have a greater per pupil cost, they are often forced into consolidating with nearby districts based on size alone. This research looked at how North Dakota should approach any changes to N.D. Cent. Code § 15.1-12 (n.d.), dealing with mandatory consolidation. Two theoretical frameworks were used in this research. The first, isomorphism, examined definitions of proper school district size and have been defined …

The Discriminatory Executive And The Rule Of Law, Maryam Jamshidi

University of Colorado Law Review

Today, the executive enjoys unprecedented power, particularly in the area of national security. By and large, this authority is not meaningfully restrained by Congress or the courts. However, some scholars argue that the presidency is still kept in check by the rule of law and politics. According to this view, substantive and procedural laws and internal executive branch rules combine with political efforts by the public, like voting, to hold the President accountable. This Article challenges this view. It argues that the rule of law and politics do not always work together to restrain the executive. Instead, law can sometimes …

Text Is Not Enough, Anuj C. Desai

University of Colorado Law Review

In Bostock v. Clayton County, the Supreme Court held that Title VII of the Civil Rights Act of 1964 protects gay and lesbian individuals from employment discrimination. The three opinions in the case also provided a feast for Court watchers who study statutory interpretation. Commentators across the ideological spectrum have described the opinions as dueling examples of textualism. The conventional wisdom is thus that Bostock shows the triumph of textualism. The conventional wisdom is wrong. Instead, Bostock shows what those who have studied statutory interpretation have known for decades: judges are multimodalists, drawing from a panoply of forms of …

Leveling Up To A Reasonable Woman's Expectation Of Privacy, Victoria Schwartz

University of Colorado Law Review

Various privacy law doctrines involve a reasonable expectation of privacy or similar analyses that take into account social privacy norms. For the most part, however, neither courts nor scholars have explicitly grappled with whether courts descriptively do or normatively should consider gender in deciding what constitutes a reasonable expectation of privacy. This is despite the fact that, in various scenarios, a reasonable woman’s expectation of privacy might vary from a man’s in light of different lived experiences, biological differences, and existing societal gendered privacy norms.

This Article addresses how courts do and should take into account a reasonable woman’s expectation …

The Failures Of Good Moral Character Determinations For Naturalization, Zachary New

University of Colorado Law Review

This Article examines the effects of the good-moral-character requirement in naturalization proceedings. Specifically, it looks to such character requirements as a method by which a citizen polity screens out undesirable noncitizens from those who are deserving of inclusion in the "in"g roup of citizenship. The Article discusses historical methods of good-moral-character adjudication, and especially how such methods carried an undercurrent of forgiveness and redemption-an undercurrent lacking in the current method of statutory bars to showings of good moral character. By looking at specific examples of statutory bars to showings of good moral character, this Article argues that the overinclusive nature …

Entrance Fees: Self-Funded Agencies And The Economization Of Immigration, Daimeon Shanks

University of Colorado Law Review

No abstract provided.

Pursuing Citizenship During Covid-19, Ming Hsu Chen

University of Colorado Law Review

No abstract provided.

Synchronizing Copyright And Technology: A New Paradigm For Sync Rights, Michael P. Goodyear

Missouri Law Review

Embedded in a copyright owner’s musical work or sound recording is the synchronization, or sync right, the exclusive right to use music in sync, or in timed-relation, with audiovisual works. Considerations about sync rights, one of the least discussed aspects of music copyright, have come to the fore as the world has increasingly moved from the real world to the virtual. The COVID-19 pandemic has spurred thousands of activities and events to go online. With many of these involving music, the shift to the virtual world has raised new questions about the extent of sync rights.

Creating An Impossible Burden: State Ex Rel. Becker V. Wood And Prosecutorial Vindictiveness, Rachael Moore

Missouri Law Review

In the American criminal justice system, prosecutors have an enormous amount of discretion and power. With dockets growing more cramped, prosecutors often use threats of harsher charges and sentences to deter defendants from exercising their right to a jury trial or an appeal. Prosecutors can also wield this power for purely vindictive or retaliatory purposes, as one prosecutor noted when reflecting on his career: Sometimes a public defender or a defense lawyer will just try and bust your ass all the time. Frankly, you end up busting theirs back. You get irritated, but you try not to take it out …

Blown Whistle Falls On Deaf Ears: The Eighth Circuit Interprets Map-21’S Whistleblower Provision, Sarah (Walters) Porter

Missouri Law Review

In recent years, whistleblowers have been praised as heroes by onlookers and in the media for bravely unveiling wrongdoing by their employers, but whistleblowers have not always enjoyed this white-hat status. These private employees expose themselves to serious risks of backlash and retaliation from their employers, historically without any guaranteed protection from Congress or their respective state legislatures. Decades-old social norms and corporate culture prioritized loyalty from employees. They allowed employers to fire employees who spoke out against the company and even blackball them from their respective industries. With blind loyalty or termination being the only options for employees witnessing …

The Destruction Gap: A Study Of The Unprotected Societal Interest In Privately Held Artworks, Jessica Schmitz

Missouri Law Review

Imagine putting a Warhol through a washing machine, a Rembrandt in a recycling bin, or a Seurat in a shredder. If you are the lucky owner of a masterpiece by one of these artists you may take any of these actions and face no legal repercussions, thereby destroying the artwork and removing it from the cultural landscape. Our understanding of world history would be neither as beautiful, illuminated, nor as informed if artworks of cultural significance like these were destroyed. For example, little would be known of the ideologies of pre-historic civilizations but for the sculptures, wall paintings, and other …

Money Doesn’T Grow On Trees: Civil Asset Forfeiture Reform Is A Necessary Precursor To Police Reform, Elizabeth Weaver

Missouri Law Review

Communities are scrutinizing the credibility of law enforcement as concerns associated with unfair treatment and police misconduct mount. Despite ever-present demands for reform, law enforcement policy and practices continue to undercut efforts to build community relationships. Calls to defund police, whether by abolitionists or those who argue that modern policing encompasses job duties law enforcement should never perform, entered mainstream conversations about police reform after the death of Eric Garner in 2014, and reemerged when George Floyd was murdered in 2020. While it is true that financial constraints can force policy change, defunding the police could have unintended negative consequences …

Fracture Initiation And Propagation In Shale Formations With Anisotropic Toughness, Nourelhouda Benouadah

Theses and Dissertations

Hydraulic Fracturing (HF) is the prime technology for enhanced production from shale plays. Due to their laminations at different scales, shales exhibit transverse isotropic (TI) properties. In most cases the lamination planes are nearly horizontal in shales setting with the symmetric axes being vertical, therefore, shales are referred to as TI vertical (TIV) rocks. This influences significantly the initiation and propagation of the induced fracture during fracturing operation. For instance, accurate estimation of the fracture initiation pressure (FIP) and fracture morphology is essential to ensure optimum hydraulic fracturing design in unconventional reservoirs. However, majority of studies of HF modelling in …

Rural States’ Use Of Federal Government Terminology Related To Federal Student Aid And Postsecondary Accreditation: A Toolkit To Support Information Access And Use For Rural Students, Valerie Lefor

Theses and Dissertations

The nature of understanding both federal financial aid and accreditation processes may be complex. Both approaches involve complicated terminology that is not easily understood. In the United States, state governments have responsibility for education oversight, but their work is informed by the federal government. It is essential for students to understand federal aid and accreditation, especially for those who wish to consider options following high school that may lead to a college pathway. Research has shown that students who reside in rural areas may not have the same access to information as their peers in other locations. This Dissertation in …

The Liberatory Potential Of Fashion, David Billie Suoth

Honors Theses and Capstones

Fashion has the potential to be liberatory and this can be seen in the ways fashion has been targeted by systems of oppression. Fashion is the use of clothes as a vessel to create a greater social meaning. According to Edward Sapir, the meaning of fashion “while it is primarily applied to dress and the exhibition of the human body is not essentially concerned with the fact of dress or ornament, but with its symbolism” (Barnard, 2007, p. 65). Fashion with the symbolism behind it is able to show the sentiments and attitudes of civilization at different points in history …

The Newsworthiness Of Increasingly Expected Murder: Foreign Press Coverage Of The Parkland Shooting, Jasmine Skye Taudvin

Honors Theses and Capstones

No abstract provided.

“The Real Cost Of Mining: How Digging For Rare Earth Metals Could Pose A Greater Cost Than Evs Can Save”, Brahim Khalil Yatim

Honors Theses and Capstones

The Paris Climate Agreement proposes to have 20% of all road transport vehicles be electric by the year 2030. Implementation of this policy is critical to help obtain a 2 degrees Celsius reduction in the increase of global temperatures by 2030. This paper dives into the true costs of taking on a project that large scale. This study finds that though the benefits of this project would result in a 351,785,600 tons of GHG saved by the electric conversion there are significant environmental and human costs associated with the mining necessary to complete the agreement's goal. With current technologies and …

Treaties In The Philippine Constitutional System, Diane A. Desierto

Journal Articles

From the Article Abstract

International law has always had a dual significance to the Philippine constitutional system. On the one hand, the frequent articulation of international law principles within modern Philippine constitutional norms, statutes, and administrative rules demonstrate an outward-looking normative ethos – one I have described in other scholarship to be consistent with the 1987 Philippine Constitution’s ‘universalist history’. On the other hand, the considerable volume of Philippine jurisprudence applying international law norms to date overwhelmingly illustrate how Philippine litigants have strategically deployed international law (most especially international human rights law) over the years, as an acceptable external legal …

On Disgorgement And Punitive Damages In Trust Law, Daniel B. Kelly

Journal Articles

Private and charitable trusts hold trillions of dollars in assets. Trustees manage, invest, and distribute these assets, subject to fiduciary duties, including the duty of loyalty and prudence. But the remedies for fiduciary breach, and their justifications, are convoluted. The conventional view, especially in law and economics, is to characterize most fiduciary relationships, including trusts, as contractual and most fiduciary duties as implicit contract terms. One might suppose, then, that the optimal remedy for fiduciary breach would be the same as the usual remedy for contractual breach: damages. But the traditional equitable remedies in fiduciary law, and modern remedies in …