Digital Commons Network^™

Older Adults With Sensory Impairment Living In Long-Term Care: Implications For Nursing Practice, Marinn E. Smith

Student Works

Purpose: This paper is to synthesizes evidence from a literature review and information from experts in sensory impairment. Evidence-based recommendations were compiled to improve nursing care of older adults in long-term care settings who are living with sensory impairments.

Background: The terms “vision Impairment” (VI) and “hearing loss” (HL) describe difficulty in accomplishing activities of daily living (ADL’S), instrumental activities of daily living (IADL’s) or other functions because of the inability to see or hear well. VI and HL are highly prevalent among older adults and are increasing as the population ages. 25% of adults age 80 and older experience …

"How Exactly Does It Get Done Here?" Conducting Cross-Jurisdictional Research With Judges And Court Staff, Paula Hannaford-Agor

Faculty Publications

The legal, political, and organizational environment in which judges and court staff work affects their performance in significant ways. To ensure that researchers control for these effects, it is critical that they take sufficient time in the research design phase to identify relevant factors that might complicate their analyses or distort the interpretation of research findings. This article highlights common challenges of multijurisdictional research, including inconsistent use of terminology, differing organizational structures and procedures, and exogenous factors such as court governance, policymaking authority, funding, and local court culture. It also offers guidance to researchers on identifying and integrating these factors …

Never Too Young: The Existence, Impact, And Sustainability Of Ethnic Studies In Elementary School, Angela R. Guzmán

Dissertations

Ethnic Studies has existed in higher education for more than fifty years. In high school, critical education researchers have recognized Ethnic Studies as vital to improving attendance, lowering suspension rates, and boosting GPAs for BIPOC students. This has given rise to the recent K-12 Ethnic Studies model curriculum adoption by the State Board of Education, and the signing of Assembly Bill 101, making California the first state to require that all high school students complete a semester-long course in Ethnic Studies. Regrettably, Ethnic Studies continues to be mostly limited to higher education and grades 9-12 in public schools despite research …

When She Speaks: A Black Feminist Autoethnography Exploring Joy And Positionality In Higher Education, Leslye M. Tinson

Dissertations

This dissertation examines the intersections of race, class, and gender of a Black woman as an educational leader and doctoral student. Through autoethnography, I explore self-meaning in cultural contexts and focus on how my positionality contributes to my attempts to find joy in academe. Chapter I discusses the gender and racial gaps in the American professoriate and introduces three research questions. Chapter II interprets extant literature and identifies a conceptual framework that utilizes Black feminist thought, critical race feminism, intersectionality theory, and multicultural feminist perspectives to analyze my lived experiences. Chapter III outlines the research methodology of autoethnography to address …

Measuring High School Counselor Beliefs On The Importance Of Mtmdss Universal Supports Since Covid-19, Ryan J. Carter

Dissertations

The U.S. onset of the COVID-19 pandemic in 2020 brought immediate and unprecedented disruption to California secondary education. High school students in California have endured varying degrees of uncertainty, hardship, and trauma, with the full extent of impacts on students not yet known. California high school counselors, faced with the dilemma of how to support student needs effectively and equitably during COVID-19, have looked to the state as well as professional organizations for guidance on best support practices. Multi-tiered support frameworks, such as MTSS and MTMDSS have emerged as prominent pandemic response recommendations and are being implemented throughout California. The …

Cultivating Parental Participation And Community Engagement Through Building A Culinary Garden And Teaching Kitchen: Latinx Perspectives On Parental Participation In A Community School, Jaclynne Michelle Medina

Dissertations

This study researched how a school could increase parental participation and community engagement while building a new Culinary Garden and Teaching Kitchen project. This engagement was foundational for expanding parental participation opportunities and further developing the community school. The study explored ways to balance power relationships between the home and school to develop an implementation plan that better reflects the community being served. Theoretical lenses such as CRT and LatCrit were the basis for centering the voices of Latinx families and valuing their various forms of capital consistent with the Community Cultural Model. Participants influenced the design of the garden …

A Job Guarantee Proposal For Chile, Julius Duran Norasco Ms

Theses - Graduate Programs in Economic Theory and Policy

The Chilean development model have not been able to generate employment for the most impoverished groups. Moreover, Chile is vulnerable to climate change. Therefore, this thesis examines through a heterodox economic lens a Job Guarantee Program for Chile can serve as alternative to promote social inclusion and sustainable development. Using input-output model, the Job Guarantee Program has higher employment creation potential. It can generate 196 jobs per billion pesos, of which 185 are direct jobs and 11 are indirect jobs. There is no economic sector (e.g., construction, services, mining, etc.) with that potential for job creation. Large work programs are …

Sport Celebrities’ Covid-19 Prevention On Social Media: The Effect Of Credibility, Social Distance, Identification, And Message’S Power Style On Health Behavioral Intentions, Kyu-Soo Chung, Chad Goebert

Faculty Articles

During the COVID-19 outbreak, there emerged on social media an active cohort of sport celebrities, promoting through their messages virus-prevention behaviors. The study tested how people’s intentions to adopt COVID-19 prevention practices were affected by their perceived credibility of sport celebrities, perceived social distance of sport celebrities, and identification with sport celebrities. The study also tested how the message’s power style moderated those relations. The researchers selected four sport celebrities who were active on social media and applied powerful and powerless linguistic styles in developing their social media messages. College students (N = 284) were randomly exposed to one of …

The Winding Path Toward Gender Equality And The Advocates And Scholars Who Forged It, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

At its broadest, “feminist legal thought” describes the effort across generations to secure equality for women through law. The ideas that have emerged from this work can be loosely typed as “equality theories,” and the statutes, constitutional interpretations, and doctrines they inform can be tied together under the heading of “gender law.”

Charging Time, Pamela R. Metzger, Janet C. Hoeffel

Faculty Journal Articles and Book Chapters

On the verge of his 1,000th day in an El Paso, Texas jail, Robert Antonio Castillo was still waiting for a prosecutor to formally charge him with a crime. Mr. Castillo is one of thousands of people across the country who are arrested and jailed for weeks, months, and even years without charges. In one year in New Orleans, 275 people each spent an average of 115 days in jail only to have the prosecution decline all charges against them. Together, these men and women spent 31,625 days in one of the nation’s most dangerous jails, with no compensation for …

The Dead End Of Animus Doctrine, Dale Carpenter

Faculty Journal Articles and Book Chapters

Hatred is as old as our civilization. So is the moral principle that one should not hate others and should not act on such hatred. Concerns that an angry or fearful majority might nevertheless treat people maliciously were present both at the beginning of our constitutional Republic and in its most divided epoch. The very structure of our government—dividing and separating powers—and our most hallowed egalitarian principle—Equal Protection of the Laws—were seen as safeguards against decisions driven by a “bare . . . desire to harm.” Such decisions are blasphemy in our legal heritage. Half a century ago, the Supreme …

An Era Of Rights Retractions: Dobbs As A Case In Point, Seema Mohapatra

Faculty Journal Articles and Book Chapters

No abstract provided.

Hortatory Mandates, Nathan Cortez, Lindsay F. Wiley

Faculty Journal Articles and Book Chapters

This Article is the first to describe "hortatory mandates" and articulate principles for judicial review. Hortatory mandates are laws whose form and function collide. Either they speak in mandatory terms but lack penalties or enforcement mechanisms, or they speak in hortatory, precatory terms that belie the legal obligations they create. Our analysis of important examples-the

Affordable Care Act, the Clean Air Act, federal dietary guidelines, and COVID-19 mitigation orders-indicates that policymakers regularly deploy hortatory mandates for instrumental reasons rather than purely symbolic or precatory reasons. In matters of public health, environmental protection, and beyond, so-called "soft law" is now a …

Privacy In Modern American Law And Society, Joanna L. Grossman, Lawrence M. Friedman

Faculty Journal Articles and Book Chapters

No abstract provided.

Originalism-By-Analogy And Second Amendment Adjudication, Joseph Blocher, Eric Ruben

Faculty Journal Articles and Book Chapters

In New York State Rifle & Pistol Ass’n v. Bruen, the Supreme Court held that the constitutionality of modern gun laws must be evaluated by direct analogy to history, unmediated by familiar doctrinal tests. Bruen’s novel approach to historical decision-making purported to constrain judicial discretion but instead enabled judicial subjectivity, obfuscation, and unpredictability. Those problems are painfully evident in courts’ faltering efforts to apply Bruen to laws regulating 3D-printed guns, assault weapons, large-capacity magazines, obliterated serial numbers, and the possession of guns on subways or by people subject to domestic-violence restraining orders. The Court’s recent grant of certiorari in United …

Natural Resource Property Customs, Monika U. Ehrman

Faculty Journal Articles and Book Chapters

The story of mining is the story of civilization. From the development of metal currency and rudimentary tools through the extraction of fossil fuels and rare earth minerals necessary for renewable energy technology, mining is fundamental to human advancement. American civilization is no different. The country possessed an abundance of mineral wealth, along with the mining ingenuity from a diverse immigrant body; but it was ultimately a unique system of property ownership flowing from natural resource customs that allowed mineral development and wealth accumulation to flourish. These customs were developed by global mining communities over centuries and even millennia. They …

Russia, Ukraine, And The Challenge Of Wartime Accountability, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

There has been a notable shift in the emerging Russian perspective on international law and international organizations, a trend that began nearly a decade prior to Russia's invasion of Ukraine. Over this period, Russia has made substantial alterations to its laws, constitution, and international commitments, effectively withdrawing from previously accepted legal obligations. Furthermore, Russia has increasingly rejected fundamental international legal norms and principles with growing fervor.

In the keynote remarks delivered during the Texas Tech Law Review 2023 Criminal Law Symposium, the author delves into this significant shift, providing illustrative examples.

Cloud Seeding, Wildfire Smoke Emissions, And Solar Geoengineering: Why Is Climate Modification Unregulated?, Karen Bradshaw, Monika U. Ehrman

Faculty Journal Articles and Book Chapters

This Article is the first to identify that companies and agencies systemically modify climatic airspaces through wildfire smoke emissions, weather modification (cloud seeding to cause rain), and solar geoengineering. Climate modification is not a conspiracy theory or a hypothetical: it is happening, and it is changing weather patterns. Yet, climate modification is almost wholly unregulated. Further, it is also not recorded or tracked in systemic ways. That is to say, even government agencies do not have comprehensive records of whether; how often; or how much climate modification is occurring. The data is simply not gathered, aggregated, or stored. As a …

Validity And Reliability Of Spanish Version Of The Eq-I: Yv[S] In Colombian Children And Youth, Claudia Patricia Navarro Roldán, Sandra Mateus Gómez, Catalina Botero, Gabriel M. Velez

College of Education Faculty Research and Publications

Objective: To examine the psychometric properties of EQ-i:YV[S] with a Colombian’ sample.

Method: We randomly selected a sample of 1355 children and adolescents between 8 and 14 years old (Mage = 10.80;SD = 1.41). We conducted exploratory (n1 = 416) and confirmatory (n2 = 939) factor analyses (EFA, CFA), reliability, internal consistency, and predictive validity.

Results: The EFA explained 27.6% of the variance. The AFC indicated a multidimensional structure with four factors and 21 items obtained the best fit (χ 2 = 334.358; df = 183; RMSEA=0.030; CFI=.951; TLI=944; NFI=.899) with acceptable internal consistency (ω = .57,.75). EQ-i: YV[S] factors …

The Environmental Citizen: Participant And Problem, Monika U. Ehrman

Faculty Journal Articles and Book Chapters

Citizen participation is a cornerstone of modern American environmental governance. Public participation in decision-making, monitoring, and enforcement increases regulatory transparency, community engagement, and ensures policymakers are informed at the local level. To William D. Ruckelshaus, the first (and fifth) Administrator of the U.S. Environmental Protection Agency (EPA), there was no role as powerful or indispensable. In his inspiring essay, The Citizen and the Environmental Regulatory Process, Ruckelshaus championed the role of the participant citizen, whose involvement in multifaceted environmental decision-making provided legitimacy to regulatory proceedings. Throughout his storied career, Ruckelshaus returned to this core ideology that public participation in …

Opening A Federal Reserve Account, Julie Andersen Hill

Articles

To open bank accounts, new customers provide personal information and make a deposit. Within a few minutes (or perhaps a few days), new customers get access to payment services. For many years, the process financial institutions used to open accounts at FederalReserve Banks was similar. Eligible banks filled out a one-page form and within a week received an account allowing them access to the FederalReserve's payment systems. Recently, however, Federal Reserve Banks have spent years considering account requests from novel banks.

This Article examines the Federal Reserve's process for evaluating requests for accounts. Using interviews, court documents, and other sources, …

What Moves The Needle On Dfw Rates And Student Success In General Chemistry? A Quarter-Century Perspective, Vijay Vyas, Scott A. Reid

Chemistry Faculty Research and Publications

Second-term general chemistry is a key gateway course at our institution for a variety of STEM (Science, Technology, Engineering, and Mathematics) majors. Herein, we examine data on DFW% (i.e., % of D and F grades and withdrawals) in our general chemistry courses over roughly a quarter-century period, focusing on sections taught by the authors. The data are discussed in light of changes in curriculum, pedagogy, and assessments, which included introduction of recitation sections, classroom response systems (clickers), and online homework, restructuring of course content into a modular format, followed by a redesign of the course modules along an anchoring concepts …

Advancement Via Individual Determination And Its Impact On The Academic Achievement Of African American Male Students, Christerpher L. Turner

Electronic Theses and Dissertations

The purpose of this study was to evaluate the effectiveness of the Advancement Via Individual Determination (AVID) program and its impact on the academic achievement of African American and White male students. A causal-comparative quantitative design was used as the methodology for this study. For this study, the academic achievement of AVID and non-AVID African American and White male students was measured by comparing their Algebra 1 scores. The sample included data from approximately 550 African American and White male high school students in a suburban school district in Texas. Student achievement data were collected and analyzed using a statistical …

Women's Empowerment Through Strength Sports—And Its Limits, Alison Clark Efford

History Faculty Research and Publications

This historical case study demonstrates that the purpose of a program of strength training affects whether it will empower women. The Turnverein or Turners was a German American organization that combined physical training, ethnic pride, and civic engagement. From the 1880s to the 1920s, it was at the forefront of promoting women’s exercise in the United States, including strength training with weighted clubs, dumbbells, and apparatuses. Woman Turners seized on physical training to challenge patriarchal power structures. They found joy in exertion, achievement, and comradery, while contesting the notion that to be feminine meant to be weak. Yet male Turners …

Front Matter

Lewis & Clark Law Review

Front Matter includes Table of Contents, Masthead, and faculty for Lewis & Clark Law Review Volume 26, Issue 4.

U.S. Disaster Policy: Oversight Challenges And The Promise Of Multi-Level Governance, Nancy J. Knauer

Lewis & Clark Law Review

U.S. disaster preparedness and response policy now plays an increasingly central role in the lives of many Americans. The COVID-19 pandemic and the strong uptick in extreme weather events have placed a heightened burden on our emergency management resources. In 2021, it seemed that hardly a week went by without a new emergency declaration as we battled devastating wildfires and drought in the West and catastrophic flooding and storms in the East. To further complicate matters, these unrelenting weather-related disasters played out within the context of an unprecedented and multi-year public health crisis—the COVID-19 pandemic. This Article examines the history …

Modalities Of Social Change Lawyering, Christine Cimini, Doug Smith

Lewis & Clark Law Review

The last decade has seen the rise of new kinds of grassroots social movements. Movements including Occupy Wall Street, Black Lives Matter, Sunrise, and #MeToo pushed back against long-standing political, economic, and social crises, including income inequality, racial inequality, police violence, climate change, and the widespread culture of sexual abuse and harassment. As these social change efforts evolve, a growing body of scholarship has begun to theorize the role of lawyers within these new social movements and to identify lawyering characteristics that contribute to sustaining social movements over time. This Article surveys this body of literature and proposes a typology …

Intellectual Property, Antitrust, And Access To Essential Technologies, Joy Y. Xiang

Lewis & Clark Law Review

This Article explores whether and how we may leverage antitrust law to calibrate the exploitation of intellectual property (“IP”) rights—e.g., IP licensing—to facilitate needed access to essential technologies. The Article’s motivation is to help developing countries find an effective way to address their complaints that owners of IP-protected technologies refuse to license needed technologies or charge unfairly high prices. The Article concludes that leveraging antitrust law unilaterally to address these typical challenges developing countries experience in accessing essential technologies may be more effective and efficient than attempting to change the IP regime. The IP regime is governed by negotiated and …

Assaulting The Citadel Of Section 230 Immunity: Products Liability, Social Media, And The Youth Mental Health Crisis, Matthew P. Bergman

Lewis & Clark Law Review

The exponential rise in social media use among minors since 2008 is responsible for a precipitous increase in youth mental health injuries and suicides. These harms result from the design of social media platforms which elevate maximizing user engagement over providing minors with a safe online experience, yet social media companies benefit from broad construction of § 230 immunity to evade liability. Courts’ expansive interpretation of § 230 is historically analogous to the application of the privity doctrine in the 19th century to shield manufacturers from liability for designing dangerously defective products. The demise of the privity doctrine and rise …

In Search Of: A Federal Safe Harbor For State Legalization Of Psilocybin, Kathryn L. Tucker, Holly Martinez, Ebony Morris

Lewis & Clark Law Review

In 2020, Oregon voters passed the Oregon Psilocybin Services Act (PSA). The PSA allows for the adult use of psilocybin at designated service centers and does not require a medicinal purpose for consumption. While the use of psilocybin becomes legal in Oregon in 2023 under the PSA, psilocybin remains a Schedule I substance under the federal Controlled Substances Act. This conflict between state legalization and federal prohibition creates significant challenges for individuals and businesses intending to abide by the requirements of the PSA—including the potential of jail time, fines, and forfeiture of property. This Essay explores three potential solutions the …