Digital Commons Network^™

The Public Voice Of The Defender,, Russell M. Gold, Kay L. Levine

Articles

For decades, police and prosecutors have controlled the public narrative about criminal law. The news landscape features salacious stories of violent crimes while ignoring the more mundane but far more prevalent minor cases that clog the court dockets. Defenders, faced with overwhelming caseloads and fear that speaking out may harm their clients, have largely ceded the opportunity to offer a counternarrative based on what they see every day. Defenders tell each other about the overuse of pretrial detention, intensive pressure to plead guilty, overzealous prosecutors, cycles of violence, and rampant constitutional violations-all of which inflict severe harm on defendants and …

Mixed Quantum/Classical Theory For Rotational Energy Exchange In Symmetric-Top-Rotor + Linear-Rotor Collisions And A Case Study Of The Nd3 + D2 System, Carolin Joy, Bikramaditya Mandal, Dulat Bostan, Dmitri Babikov

Chemistry Faculty Research and Publications

Manifestation of the quantum interference effect in the oscillation of scattering cross section is explored using the N2 + O system as a case study. Calculations are carried out for two electronic PESs of the system, for various initial rotational states of N2, in a broad range of N2 + O collision energies and using three theoretical methods: two versions of the approximate mixed quantum/classical theory (MQCT and AT-MQCT) and the accurate full-quantum coupled-channel method (implemented in MOLSCAT). A good agreement between different methods is observed, especially at high energies. Elastic scattering cross-sections oscillate as a function of collision energy, …

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 …

Ambivalent Advocates: Why Elite Universities Compromised The Case For Affirmative Action, Jonathan Feingold

Faculty Scholarship

“The end of affirmative action.” The headline is near. When it arrives, scholars will explain that a controversial set of policies could not withstand unfriendly doctrine and less friendly Justices. This story is not wrong. But it is incomplete. Critically, this account masks an underappreciated source of affirmative action’s enduring instability: elite universities, affirmative action’s formal champions, have always been ambivalent advocates.
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/="/">Elite universities are uniquely positioned to shape legal and lay opinions about affirmative action. They are formal defendants in affirmative action litigation and objects of public obsession. And yet, schools like Harvard and the University of …

Front Matter

Lewis & Clark Law Review

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

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 …

Is Incorporation A License To Violate Human Rights With Impunity? As Of Now, Violations Are In Vogue, Sadie Wolff

Lewis & Clark Law Review

For decades, the international community has relied on corporations to take responsibility for the protection of human rights and manage accountability for violations of those rights. Yet countless human rights violations have ensued within the fashion industry as a result of multinational corporations conducting business within the current framework. This Comment looks at the human rights at stake if the international community stays its current course, offers insight into how the existing framework developed, questions the efficacy of this approach, and suggests a new framework for the international community to consider.

White Supremacy From The Bench, Vida B. Johnson

Lewis & Clark Law Review

Judges make important decisions in millions of cases a year across the country. Unlike other institutional players and unlike parties and their attorneys, judges are the only players in our adversarial legal system that are by design ostensibly neutral, impartial, and without bias.

Unfortunately, that legal fiction is not fact. Some judges do hold racial biases. A judge in Texas used racial slurs to describe Mexicans in his state in 2020. Also in 2020, a white judge in Louisiana referred to a deputy and a court clerk by the N-word, and the same year, a white Colorado judge also used …

Judicial Independence And The Rule Of Law, D. Brooks Smith

Lewis & Clark Law Review

No abstract provided.

Training A Public Accommodations Lens On Vaccine Passports, Paul Diller

Lewis & Clark Law Review

The Covid pandemic and the rise of smartphone technology enabled the use of “vaccine passports”—that is, a requirement to show proof of vaccination against Covid—on a scale unmatched before in human history. In the United States, many public accommodations such as restaurants, coffee shops, stadiums, and movie theaters required patrons to show proof of vaccination in order to enter or consume food and drink on the premises. In approximately two dozen local jurisdictions as well as the District of Columbia and Puerto Rico, government mandated that public accommodations do this, with varied carveouts for religious objections and medical or age-based …

Class Action Cy Pres: A Call For Reform Amidst Inconsistency And Criticism, Emily Potucek

Lewis & Clark Law Review

The prevalence of cy pres awards in class action settlements has increased remarkably in the last several decades. However as class action cy pres practice has become more commonplace, so have the concerns for its propriety in the class action context. Indeed because these concerns were recognized by the U.S. Supreme Court without further clarity on how, and whether, they can be alleviated, the viability of class action cy pres practice is uncertain. In response to this uncertainty, this Comment presents an exhaustive inquiry into cy pres practice in class action settlements. It demonstrates that while certain courts’ cy pres …

Making Red Lives Matter: Public Choice Theory And Indian Country Crime, Adam Crepelle

Lewis & Clark Law Review

American Indians are victims of violence at higher rates than members of any other racial group. Nevertheless, Indian victims receive little media attention. Aside from the prevalence of violence against Indians, the violence is unique because of the rules governing Indian country law enforcement. Tribes, absent compliance with federally mandated procedural safeguards, cannot prosecute non-Indian criminals. While state or federal law enforcement have jurisdiction over reservation crimes involving non-Indian perpetrators, they often fail to respond. Hence, non-Indians know they can target Indians with little fear of reprisal. This Article argues the rules governing Indian country crimes were not designed to …

Teaching The Actuality Of Revolution: Aesthetics, Unlearning, And The Sensations Of Struggle, Derek R. Ford

Education Studies Faculty publications

Exploring the nexus between aesthetics, pedagogy, and politics illustrates the central role education plays in reproducing injustice and inhibiting confidence in revolutionary struggle. Demonstrating how capitalism and its attendant forms of oppression are not merely cognitive but perceptual, Derek R. Ford proposes that revolutionary education demands the production of aesthetic experiences through which we sense the possibility and actuality of alternative worlds. To create such encounters, Ford develops a praxis of teaching and a pedagogy of unlearning that, in our current conjuncture, creates conditions for encountering what Jennifer Ponce de León calls “an other aesthetics.” Mapping contemporary capital as a …

Application Of Nitrate To An Anaerobic Subsurface Bioremediation, Cassie Marie Roberts

Masters Theses

"The highly contaminated subsurface matrix of the Baird and McGuire Superfund site is currently threatening the health and safety of the surrounding environment of Holbrook, MA. Contaminants of significant concern due to high concentration are inorganic arsenite and petroleum hydrocarbons, such as naphthalene. Parsons Corporation and the Massachusetts Department of Environmental Protection have implemented a bioremediation pilot to attempt to degrade the hydrocarbons and arsenic with the application of nitrate. The nitrate would act as an electron acceptor for biodegradation of the hydrocarbon contaminants, produce nitrite that would oxidize reduced iron, and iron oxides would sequester arsenic. Preliminary data showed …

Sentiment Strength And Topic Recognition In Sentiment Analysis, Esi A.R. Adeborna

Masters Theses

"Current sentiment analysis methods focus on determining the sentiment polarities (negative, neutral or positive) in users’ sentiments. However, in order to correctly classify users’ sentiments into their right polarities, the strengths of these sentiments must be considered. In addition to classifying users’ sentiments into their correct polarities, it is important to determine the sources and topics under which users’ sentiments fall. Sentiment strength helps as to understand the levels of customer satisfaction toward products and services. Sentiment topics on the other hand, helps to determine the specific product/service areas associated with user sentiments. This paper proposes two sentiment analysis approaches. …

Prediction And Root-Cause Analysis For Smart Speaker Intentional Electromagnetic Interference Attacks, Tanner Fokkens

Masters Theses

"Smart home and Internet of Things (IoT) devices have become ubiquitous in homes over the past decade. The smart speaker itself is often the device that interfaces all these devices together. Because of this, the smart speaker can become a point of attack for someone trying to exploit or hack into the smart home devices. In the past few years, it was discovered that smart speakers with microwave electromechanical system (MEMS) microphones are susceptible to intentional electromagnetic interference (I-EMI) attacks by modulating an audio command to a high-frequency carrier signal. This attack allows for command recognition for long-distances and smart …

Rapid-Throughput Analysis Of 1,4-Dioxane In Plants By Centrifugal Sampling And Phytoforensic Analysis For Site Delineation And Assessing Enhanced Rhizodegradation, Anthony Eberechukwu Oha

Masters Theses

"Owing to its broad use and environmental persistence, 1,4-dioxane (dioxane) poses a notable threat to public health and is recalcitrant to traditional remedial systems. Dioxane moves readily in an aqueous environment and is an emerging contaminant in drinking water, surface water, groundwater, and wastewater. The extent of dioxane in the biosphere is also difficult to delineate, particularly in the subsurface. Phytoremediation has demonstrated the potential for dioxane groundwater remediation. Recent findings indicate that plant-microbial symbiosis may be more advantageous for limiting potential transport and transfer into plant tissues and the atmosphere. Bioaugmentation of the rhizosphere paired with soil amendments has …

Area Average Surface Transfer Coefficient In Unit Cell Geometries, Benjamin Gabriel Mackey

Masters Theses

"Honeycombs, metal foams, and lattice structures all provide a way to increase heat transfer due to better fluid mixing and larger surface area. Specifically, lattice structures can be a great way to provide heat transfer enhancement due to the ability to customize and optimize the unit cell geometry. In this research, a novel yet simple unit cell geometry is chosen for study. Four different configurations are tested in a lower Reynolds number range, 300–1800: single unit cell, two-unit cells in series, three-unit cells in series, and a 3x3 unit cell array. The Sherwood number of each configuration is found by …

Investigation Of Defect Production And Displacement Energies In Wurtzite Aluminum Nitride, Sean Anderson

Masters Theses

"Aluminum Nitride is an active element of sensors that monitor the performance and well-being of the nuclear reactors due to its piezoelectric properties. Yet, the variations of its properties under irradiation are largely unexplored. We report the results of the molecular dynamics simulations of the structural changes in AlN under irradiation via the knock-on atom technique. By creating and evolving the irradiation cascades due to energetic particle interaction with the atom of the crystalline lattice we determine the rate of the defect production as a function of the deposited energy. Further, we determine a displacement energy, a key characteristic that …

Proceedings Of The 10th Geia Seminar (2023), Patrícia Tosqui Lucks, Juliana De Castro Santana

GEIA Seminar

No abstract provided.

Rebuilding Grid Governance, Joel B. Eisen, Heather E. Payne

Law Faculty Publications

As climate change sharpens the focus on our electricity systems, there is widespread agreement that the institutions that govern our electric grid must change to realize a clean energy future in the timescale necessary. Scholars are actively debating how grid governance needs to change, but in this Article we demonstrate that current proposals are insufficient because they do not contemplate “rebuilding.” This Article defines “rebuilding” as ending entities tasked with grid governance and creating new ones to take their place. We propose what no one else has: an overarching framework for rebuilding any grid governance institutions.

This Article discusses when …

Fighting For Whiteness In Ukraine, Marissa Jackson Sow

Law Faculty Publications

Teri McMurtry-Chubb’s Race Unequals: Overseer Contracts, White Masculinities, and the Formation of Managerial Identity in the Plantation Economy offers groundbreaking insights into the gendered economic hierarchies internal to the body politic of whiteness through its examination of the limitations that plantation overseers’ contracts in the American Deep South placed on their ability to exercise the proprietorship and contracting authority prerequisite to white identity. This Essay uses the Ukrainian campaign to be recognized as a liberal white nation, and formally become a member of the West, as a contemporary case study of how whiteness remains hegemonized and subject to the ability …

Forecasting Human Rights Legacies: On Practices And Principles, Andrew B. Spalding

Law Faculty Publications

Among the many human rights and corruption concerns surrounding the Qatar 2022 FIFA Men’s World Cup, two ultimately rose to the fore: labor and LGBTQ rights. A careful look at Qatar’s response to these issues reveals a sharp and provocative contrast. Though the World Cup organizers and the Qatari Government generally resisted Western criticism of its LGBTQ laws and practices, both bodies adopted systemic labor reforms. To the extent these reforms remain in place several years after the event, they can be said to constitute a human rights legacy. This Article explores one angle from which to understand this contrast. …

Chatbots En La Motivación Para El Desarrollo De La Comprensión De Lectura En Estudiantes De Una Institución Universitaria Privada En Colombia, Martha Patricia Castellanos Saavedra

Theses and Dissertations

Más del 40% de los estudiantes de una institución universitaria privada en Colombia presentaron un desempeño por debajo de la media nacional en las pruebas estandarizadas de egreso de la educación superior, denominadas Saber Pro, específicamente en las competencias genéricas, como razonamiento cuantitativo, comunicación escrita, inglés, competencias ciudadanas y lectura. Esta última, es ampliamente relevante para generar los pilares del conocimiento y las competencias de orden superior, como crear, analizar y evaluar, que fomentan la autonomía del estudiante y su aprendizaje. Sin embargo, su desarrollo demanda un apoyo personalizado de compleja gestión para los docentes, dada la cantidad de actividades …

Lived Experiences Of Emergency Remote Teaching Use By High School Mathematics Teachers During The Covid-19 Pandemic, Glenn E. Gonzalez

Theses and Dissertations

This qualitative study aims to understand further the lived experiences of high school mathematics teachers who underwent a sudden transformation into emergency remote teaching due to the COVID-19 pandemic. The study used a qualitative approach, specifically an interpretative phenomenological analysis. Emergency remote teaching has been a new phenomenon that has presented itself worldwide.

This study used two methods for data collection. The first method used was the general participant demographic information survey, a demographic tool collection instrument created by the researcher. The second method for data collection included responses from one-on-one semi-structured interviews. A total of 13 participants completed the …

Cultural Diversity In Education: Examining The Challenges And Issues Of Lgbtq Students Enrolled In A Tertiary Education Institution In The Bahamas, Terry Laverne Rolle

Theses and Dissertations

This research study examined the challenges and issues faced by LGBTQ students attending a tertiary education institution in The Bahamas. Utilizing a phenomenological analytical process, seven individuals gave information regarding their lived experiences in a tertiary institution in The Bahamas. Data for this research study were collected through two 60-minute in-depth interview sessions. This qualitative study was guided by the theoretical frameworks of the planned approach to change and the theory of resilience, both of which were used to inform the elements of the research. Many research studies have been conducted in regard to the experiences faced by LGBTQ students …

First-Line Police Supervisors’ Utilization Of Criminal Justice Higher Education, Dennis George Hippert

Theses and Dissertations

A first-line police supervisor holds a large influence over street-level police officer behavior (Ingram, et al., 2014), but little consistency exists between police agencies regarding the minimum educational requirements necessary to successfully perform the functions of a first-line police supervisor. This study explored the experiences of criminal justice degree holding first-line police supervisors in using the content of their college curriculum to guide street-level officers in acceptable use of force practices, professional communication with the public, and discretionary decision-making. Employing a grounded theory method of inquiry with a constructivist approach, this study utilized semi-structured, one-on-one interviews to examine the ways …

Living A Nightmare: A Study On The Reluctance Of Native American Women To Report Violent Crimes To Police, Misty Marie Neal

Theses and Dissertations

To address this problem, this study will explore, if at all, the differences and relationships between Native American women’s reluctance to report a violent crime to the police with their perception of police, previous interactions with police, prior victimization, tribal affiliation, and specific demographic factors. The population for this research will be Native American women from federally recognized tribes between 18 and 55 years of age. In addition, the participant's marital status, sexual affiliation, religion, level of education, and geographic location will be examined.

From this population, a sample size of 500 - 600 participants will be constructed for this …

Perceptions Of School Resource Officers On Their Role In Southern Maryland Public Elementary Schools, Lori B. Lodge

Theses and Dissertations

This applied dissertation was designed to investigate the perceptions of school resource officers (SROs) in Southern Maryland regarding the support SROs could provide elementary schools to foster positive interpersonal relationships while maintaining school safety and what additional resources that the SROs needed to support their job.

The overall school climate and morale at some elementary schools have significantly decreased due to increased student-aggressive behaviors. The school climate is correlated to student academic success (Sanders et al., 2018). School climate can include safety, interpersonal relationships, teaching and learning, and the school environment.

There is a need for school resource officers in …

Retaining Instructional Staff In Public Schools During And After The Pandemic: A Phenomenological Perspective, Debbie Irene Brockett

Theses and Dissertations

This dissertation investigated the critical issue of staff retention during and after the pandemic in public schools. Focusing on instructional staff, the study explored the impact of self-efficacy, relationships within the school setting, and administrators' support on their decision to remain in or leave their positions during these unprecedented times.

To comprehensively explore these factors, the research adopted a mixed methods approach. The quantitative component involved analyzing retention rates of instructional staff in public schools, taking into account variations in self-efficacy perceptions and the influence of supportive measures provided by administrators during and after the pandemic.

The qualitative component was …