Digital Commons Network^™

The Perverse Effects Of Mandatory Judicial Reporting To Bar Authorities Of Ineffective Assistance Of Counsel Determinations, Tigran W. Eldred, David M. Siegel

Faculty Scholarship

California Business & Professions Code § 6086.7(a)(2) provides that a court shall notify the State Bar “[w]henever a modification or reversal of a judgment in a judicial proceeding is based in whole or in part on the misconduct, incompetent representation, or willful misrepresentation of an attorney.” Some California judges now interpret this provision as mandating referral to the State Bar in any case in which a new trial or withdrawal of a plea is granted due to ineffective assistance of counsel. This interpretation directly conflicts with an attorney’s continuing duty to her former client. It is unnecessary and has profoundly …

Amicus In Wilcox V. Trump On Presidential Removal And Unitary Executive Theorists’ Errors, Jed Handelsman Shugerman

Faculty Scholarship

As courts ask whether Free Enterprise and Seila Law call into question Humphrey’s Executor and independent officers or agencies, the more immediate questions should be focused on new historical evidence and new fact-checking finding pervasive and repeated historical errors and misinterpretations at the foundation of the unitary executive theory of removal.

Since the Supreme Court decided Seila Law, a wave of new historical research has shown that the Founding generation did not understand Article II to grant the President an indefeasible removal power over executive officials. In response, pro-unitary executive scholars have tried to offer new historical support. That …

Brief Amicus Curiae Of Professor Jed Hanelsman Shugerman In Support Of Respondents, Jed Handelsman Shugerman

Faculty Scholarship

Amicus Curiae Jed Handelsman Shugerman is a Professor of Law at Boston University. He holds a JD and a PHD is History. Shugerman subscribes to the interpretation of the Constitution based on original public meaning (i.e. originalism). He has written extensively on the history of presidential power and the original public meaning of Article II.

Shugerman and Gary Lawson have co-written "Presidential Removal as Article I, not Article II," offering originalist alternatives to limit Congress's power to restrict presidential removal power, while allowing good-cause conditions in traditional exceptional cases. This amicus brief summarizes these alternatives and shows how they are …

Originalisms' Indifferences?: Friendly Amendments To Sherif Girgis's "Originalism's Difference?", Jed Handelsman Shugerman

Faculty Scholarship

Sherif Girgis’s Lecture Originalism’s Differences? reflects on what had differentiated originalism from other methods and why those differences are eroding. The differences are (or were): (1) avoiding “ostentatious moral reasoning”; (2) relatedly, constraining judges by requiring originalist historical evidence (i.e., tying judges’ hands); and (3) engaging historical research with more “intensity.” Girgis rightly criticizes the Court for engaging in the same kind of flexibility and creativity that originalists had long rejected.

In this commentary, I highlight our areas of agreement and offer friendly amendments. My title takes Girgis’s title two or three steps further: I use an “s-apostrophe” because I …

Is Originalism Bullshit?, Michael L. Smith

Lewis & Clark Law Review

It’s finally time to answer the big question. This Article draws on the surprisingly robust literature examining the definition, essence, and significance of bullshit and evaluates whether originalist constitutional interpretation fits the bill. I begin with Harry Frankfurt’s definition of bullshit as utterances made in pursuit of the speaker’s goals without regard for their truth value. I also rely on alternate formulations, including bullshit as unclarifiable nonsense as well as contextual and audience-centric variations of bullshit.

While not all instances of originalism are bullshit, I identify those instances which are, and go on to demonstrate that originalism is uniquely prone …

The Public Trust Doctrine And Lake Abert: Saving Oregon’S Only Salt Lake, Joseph Arzt

Lewis & Clark Law Review

The public trust doctrine creates a relationship between states and their citizens under which the states are entrusted with protecting natural resources for public use. Though Oregon recognizes the public trust doctrine, recent decisions from Oregon’s Supreme Court have displaced and fractured this doctrine, leaving the current legal landscape surrounding the public trust doctrine in disarray. This Note focuses on Lake Abert, Oregon’s only saline lake, which in recent years, due to mismanagement and neglect, has undergone dramatic ecological shifts. By looking at arguments rooted in Oregon’s Constitution, as well as judicial approaches taken in neighboring states, this Note examines …

Affording Oral Tradition Evidence Due Weight Before The International Court Of Justice, Terrence Neal

Lewis & Clark Law Review

Oral traditions are irreplaceable sources of historical information, particularly with regard to Indigenous Peoples’ histories and cultures. However, when states have submitted oral traditions as evidence of historical practices, events, and circumstances in cases before the International Court of Justice (“Court”), the Court has been reluctant to afford them significant weight. This Article, which is the first detailed study on the Court’s treatment of oral traditions, examines whether the Court is failing to provide them due or appropriate weight. Based on historical, archaeological, and anthropological research, it establishes that oral traditions can be as reliable as written documents for reconstructing …

Admitting Science: Problems With Current Admissibility Standards, William O'Donohue, Sneha Gupta

Lewis & Clark Law Review

Attorneys use expert testimony to advance legal positions in courtrooms. Because expert testimony can have tremendous influence over judges and juries, it is admitted only if it meets specific admissibility standards, i.e., Frye and Daubert. These standards provide different admissibility criteria, have been adopted by distinct sets of jurisdictions, and, we argue, are of questionable validity. These standards are attempts to ensure that only knowledge is admissible and are, then, essentially an epistemic matter. Science serves as a proxy for knowledge because science is the epistemic process that has been successful at generating knowledge. However, both epistemology and the philosophy …

Rights As Remedies: Using Latin American Legal Channels To Halt U.S. Border Externalization, Natalie Lerner

Lewis & Clark Law Review

The first Trump Administration saw intense border crackdowns and a ramping up of restrictions on asylum. While some of these policies shifted under President Biden, many were recreated under new names. The second Trump Administration has functionally closed the border and deported asylum seekers to third countries such as Costa Rica and Panama, leaning heavily on Latin American countries to accept expelled migrants. As U.S. courts fail to preserve asylum law domestically, international law, as integrated into the constitutions of Latin American countries, can provide a valuable litigation tool to block those countries from participating in the U.S. border externalization …

Survival Of The Social Interest: Redefining The Bruen Standard To Protect Women From Violence Through United States V. Rahimi, Katelyn M. Sundstrom

Lewis & Clark Law Review

This Note explores the intersection of gun rights and gender-based violence within the U.S. legal system. It delves into the pervasive issue of domestic violence and explores the 2022 Supreme Court decision in New York State Rifle & Pistol Association v. Bruen, which rejected the use of “interest balancing” in evaluating gun regulations in favor of a purely historical and traditional approach. This shift placed significant legal scrutiny on existing firearm restrictions, including 18 U.S.C. § 922(g)(8), which prohibits individuals subject to domestic violence restraining orders from possessing firearms.

The analysis centers on the 2023 case United States v. Rahimi, …

Retirement (In)Security: A Closer Look Into The United States' Retirement Crisis, Josepheen Strauss

Lewis & Clark Law Review

The retirement system in the United States is typically thought to consist of Social Security, pension plans, and personal savings. Despite the availability of various methods to save money, Americans are struggling more than ever to adequately prepare for retirement. This Note examines the current structure of the retirement system in the United States and the shortcomings of the system as it stands today. This Note proposes changes that re-envision the United States’ current retirement system to allow Americans to maximize their retirement savings during their time in the work force, with the hopes of allowing retirees to start their …

Middlemen At A Price: The Role Of State-Level Laws In Restricting Pharmacy Benefit Managers, Patrick W. Schrader

Lewis & Clark Law Review

Pharmacy Benefit Managers (PBMs) have evolved from simple third-party payors into powerful intermediaries controlling prescription drug access for over 289 million Americans. Operating with minimal federal oversight, just six PBMs dominate 96% of the market, employing practices that systematically increase drug costs while claiming to reduce them. This Comment examines four primary mechanisms through which PBMs exploit the pharmaceutical supply chain: rebate manipulation, spread pricing, step therapy requirements, and formulary control. Federal regulatory efforts remain nascent and ineffective. The Centers for Medicare and Medicaid Services requires only basic reporting without substantive restrictions. Proposed federal legislation has repeatedly stalled, leaving states …

Computation Of Natural Relative Trajectories In The Elliptic Restricted Three-Body Problem, Dane Huck

Masters Theses

"Humankind’s presence in deep space is certain to increase throughout future decades. Future missions will continue to exploit the complex dynamics making use of liberation point orbits. Along with this trend is the rise of small satellites ("small sats") and fractionated spacecraft in general. Compared to traditional monolithic spacecraft, small sats can often have higher maneuverability, be a fraction of the cost, and be more expendable in nature. The growing interest in these two areas drives the need for improvements in the area of relative motion in deep space. One obvious use of small sats in deep space is for …

Advanced 3d Lidar-Based Systems For Urban Traffic And Pedestrian Monitoring: Integrating Elevated Lidar, Data Collection, And Deep Learning For Precise Detection And Activity Classification, Nawfal Guefrachi

Masters Theses

"Accurate and real-time monitoring of urban traffic and pedestrian activities is crucial for intelligent transportation systems (ITS) and smart cities. Traditional camera-based methods struggle with issues like lighting and privacy. This research leverages advanced three-dimension light detection and ranging (3D LiDAR) technology and computational frameworks to address these challenges, providing transformative solutions for urban traffic management and pedestrian safety. By strategically deploying elevated LiDAR sensors, detailed 3D point cloud data is captured, enabling precise monitoring of urban environments. Enhancements to LiDAR-based frameworks, such as fine-tuning the Point Voxel Region-Based Convolutional Neural Network (PV-RCNN), improve the detection of vehicles and pedestrians …

Bond Behavior Of Magnesium Potassium Phosphate Cement (Mkpc) Coating For Steel Reinforcement, Eric Williams

Masters Theses

"This research investigates the bond behavior of magnesium potassium phosphate cement (MKPC) coated mild steel deformed bars in conventional concrete and concrete repair materials. For typical steel reinforcement in concrete, a thin “passive layer” develops around the reinforcement, which protects the reinforcement from corrosion. The concrete carbonates over time, reducing the protection of the passive layer and allowing chlorides, which corrode the reinforcement, to penetrate at an increasing rate. In some cases, to combat this corrosion, a protective layer is added to the reinforcement prior to installation. Common protective layers include epoxy coatings or zinc galvanization. MKPC is a novel …

Effects Of Climate Change On Fungal Diversity And Function In Streams, Syeda Tasfia Imam

Masters Theses

"This study investigated the impact of climate change, particularly drought, on leaf decomposition and associated fungal and macroinvertebrate communities in freshwater ecosystems. With climate change, streams may experience altered hydrology, leading to shifts in community composition and biogeochemical processes. Fungi decompose organic matter, facilitate nutrient cycling, and support food webs. However, drought can disrupt these processes by reducing water availability, causing declines in fungal diversity and activity. I examined leaf breakdown and associated biota in 13 stream sites across varying hydrologic conditions, from perennial to ephemeral flow patterns. Flow duration varied during the 8-week study. Leaf breakdown was significantly related …

Environmental Pollutants: A Risk For Premature Aging And Transgenerational Toxicity, Alex Kathleen Daniels

Masters Theses

"This thesis aims to identify interactions between C. elegans’ reproductive system and global pollutants such as microplastics, HgCl₂, nicotine, and pesticides. Human exposure to these pollutants and their effect on reproduction can be analyzed using the C. elegans as a model organism. Systematic analysis of matricidal hatching, progeny production, germline apoptosis, and lifespan assays determined effects on reproduction and reproductive aging. Through my experiments, it was determined that no significant effects were produced from the selected polystyrene, polyethylene, vape juice, nicotine hemi sulfate salt, imidacloprid, or glyphosate regarding matricidal hatching or progeny production. I confirmed that HgCl₂ induced significant effects …

Evaluation Of The Impact Of Secondhand E-Cigarette Aerosols On Ros-Mediated Alterations Of Epigenetic Events: Implications For Copd Pathogenesis And Assessment Of The Efficacy Of Cold Atmospheric Plasma In Degrading Organophosphate Pesticides On Kevlar Materials, Ta-Chun Lin

Masters Theses

"We explored 1) the toxicological impacts of e-cigarette aerosols and 2) the decontamination efficacy of Cold Atmospheric Plasma (CAP) technology over organophosphates. In examining the effects of firsthand and secondhand e-cigarette aerosol exposure on A549 and BEAS-2B lung cells, we observed significant cytotoxicity, increased ROS levels, and epigenetic modifications, including heightened DNA methylation and downregulation of histone deacetylases (HDACs). These molecular alterations may contribute to chronic respiratory conditions, such as COPD, underscoring the health risks of e-cigarette exposure.

We investigated CAP’s effectiveness in degrading organophosphate pesticide (OP) residues on fabric surfaces, revealing that CAP treatment effectively decomposes OPs such as …

Transfection Of Ionizable Lipid Nanoparticles On Raw 264.7 And Mda-Mb-231, Lavanya Bhargava

Masters Theses

"This thesis investigates the preparation, characterization, and transfection efficiency of various ionizable lipid nanoparticles (LNPs) formulated for the delivery of mRNA encoding enhanced green fluorescent protein (EGFP) in RAW 264.7 macrophages and MDA-MB-231 breast cancer cell lines. The ionizable cationic lipid studied are ALC-035, C12-200, C14-4, PPZ-A10, DLin-MC3-DMA. The study addresses the need for effective gene delivery systems to provide a safe and versatile platform that protects and transports nucleic acids into target cells. LNPs were synthesized using microfluidic mixing methods, incorporating lipid components such as the cationic lipids, DSPE, DOPE, cholesterol and PEG lipids to achieve controlled particle sizes, …

Lidar From The Skies: A Uav-Based Approach For Efficient Object Detection And Tracking, Baya Cherif

Masters Theses

"Recently, there has been a growing interest in deploying the Light Detection and Ranging (LiDAR) technology to gain traction in the autonomous vehicle industry, its applications are expanding into areas like smart cities, agriculture, and renewable energy. This work proposes an advanced approach to enhance aerial traffic monitoring using Li- DAR. We aim to provide accurate, real-time object detection and tracking from an aerial perspective by integrating Unmanned Aerial Vehicle (UAV) with LiDAR, culminating in a smart UAV-integrated LiDAR (A-LiD) sensor for traffic surveillance. We introduce an adapted version of one of the newest methods of the cutting-edge 3D object …

Automated Generation Of Malware Metadata Signatures, Joel Schott

Masters Theses

In advanced, targeted malware attacks, the custom software tools used to package and send malicious files and messages can lead to distinctive metadata values that facilitate creation of a malware metadata signature. Manual creation of these signatures requires expert domain knowledge and is time-consuming and error-prone. Our goal is to automate this process. We created several methods of automatically generating malware metadata signatures for ZIP files and emails. We evaluated these methods by comparing signatures generated with these methods to existing expert-created signatures. We found automated methods for ZIP files and emails that are capable of generating metadata signatures that …

Fetal Acidosis Prediction Using Attention Enhanced Convolutional Neural Networks, Anusha Adhikari

Masters Theses

This study explores the integration of spectral mixtures of fetal heart rate (FHR) and uterine contraction (UC) signals to enhance the prediction of fetal acidosis, utilizing the CTU-CHB dataset. Several classification models were trained using two distinct oversampling techniques and inputs, demonstrating that models incorporating spectral mixtures significantly outperform those using raw signals. These models, particularly when combined with convolutional neural networks (CNNs) and attention mechanisms, achieved a notable F1-score of 0.98, with the highest model achieving an area under the Receiver Operating Characteristic (ROC) curve of 0.95. The research employs a variety of techniques including short-time Fourier transform and …

Influence Of Alloy Composition On The Process Robustness Of Steels Consolidated Via Laser-Directed Energy Deposition, Jonathan Kelley

Masters Theses

"To ensure consistent quality of additively manufactured parts, it is advantageous to identify alloys which can meet performance criteria while being robust to process variations. Toward this end, this work investigated the effect of alloy composition on the robustness of steels consolidated via laser-directed energy deposition (L-DED). Ultra-high-strength low-alloy steel (UHSLA) and pure iron powders were mixed in-situ to produce 10 compositions containing 10-100% UHSLA by mass. JMatPro material simulations roughly predicted phases and mechanical properties. Two sets of experiments were used to evaluate the sensitivity of as-built hardness (all 10 compositions) and tensile properties (5 select compositions) to process …

Modeling Of Slot-Backed Microstrip Line For Emi Applications, Jongsuk Hyun

Masters Theses

Radiated emissions from printed circuit boards (PCBs) are a significant concern in electromagnetic interference (EMI) and radio frequency interference (RFI). Shielding cans are widely used to mitigate these emissions but evaluating requires accurate characterization of equivalent noise sources. Slot-backed microstrip antennas are employed for this purpose due to their near-zero height, low parasitic radiation, and PCB-compatible structure, offering a practical alternative to conventional loop antennas. This paper presents a physics-based analytical model that integrates both the discontinuity effects and radiated characteristics of slot-backed microstrip structures within a unified circuit framework. An analytical expression for the dipole moment is proposed based …

Characterization Of The Microstructural Changes Of Zrb2 Under Heavy Ion Irradiation For Molten Salt Reactor Applications, Narrie Loftus

Masters Theses

A primary challenge in finding suitable materials for Molten Salt Reactors (MSRs) lies in identifying those that concurrently exhibit high corrosion resistance, stability at elevated temperatures, resistance to radiation, and chemical compatibility with molten salts. 11B-enriched zirconium diboride (ZrB₂) is a potential candidate for applications in MSRs due to its unique combination of properties, including high melting point, high thermal conductivity, and resistance to corrosion in harsh environments. This ultra-high temperature ceramic (UHTC) has exhibited stability under extreme conditions, making it an attractive material for components within MSRs.

The microstructural response of ZrB₂ under heavy ion irradiation …

Augmentation Of Quality Of Service, Security, And Trust In Edge-Enhanced Iot Networks Leveraging Blockchain, Kyle Matthew Whitlatch

Masters Theses

The meteoric rise of the Internet of Things (IoT) has led to multiple architectural schemas to handle the data these devices create. Edge-enhancement is a technique where groups of IoT report to a median layer to aggregate the data before relaying to the endpoint. These edges also open opportunities to perform more operations to ensure devices are behaving properly before committing the data to long term storage. By interconnecting these edges with a technology like blockchain, it is possible to have an interconnected and responsive system to ensure the Quality of Service (QoS) of the IoT devices within the architecture …

Isolation And Characterization Of A Halophilic, Extremely Acidophilic, Iron-Oxidizing Bacterium, Connor Crites

Masters Theses

This thesis describes the isolation and characterization of a halophilic iron- oxidizing bacterium from sediments obtained from Lake Magic; an extremely acidic, saline lake located in Western Australia. The purpose for the isolation of novel, halotolerant/halophilic iron-oxidizing bacteria is to aid in metal-mining bioleaching operations. Currently used iron- and sulfur-oxidizing bacteria are extremely sensitive to chloride, which restricts their use in these industries.

A singular bacterial morphology was isolated from Lake Magic sediments that was roundly-rod shaped, 1-2 um in length, and stained Gram-negative. This organism was able to grow in a modified medium (DSM14174) using ferrous sulfate as an …

System Design For Highly Accurate And Efficient Target Detection In Triaxial Testing, Qingqing Fu

Masters Theses

Accurate and automated recognition of coded targets is crucial for high-precision photogrammetry-based measurements in triaxial testing. Traditional recognition methods, including those based on deep learning and table decoding, often struggle with issues such as perspective distortion, rotation, and variable lighting, leading to unreliable results. While deep learning approaches offer some improvements, they remain computationally intensive and sensitive to environmental factors.

This thesis introduces an innovative system that replaces deep learning algorithms with a blob analysis-based method for efficient and robust recognition of coded targets. The system also employs newly designed solid points of varying sizes and patterns, eliminating the need …

Gfrp Reinforced Bridge Barriers: Experiment Testing, Manish Kumar Gadhe

Masters Theses

This study focused on evaluating the performance of concrete bridge barriers reinforced with Glass Fiber Reinforced Polymer (GFRP) compared to those reinforced with conventional mild steel. Four full-scale barriers were constructed, three using GFRP bars as the reinforcement and one with mild steel reinforcement. These were cast on two concrete slabs to ensure consistent support conditions. The use of GFRP aims to address durability concerns associated with steel reinforced concrete (RC), particularly corrosion of these bars in harsh environments.

To simulate real-world impact scenarios, a weighted cart was launched at each barrier using a guided sled system. Sensors, including load …

Ground Testing Of Cryogenic Environments In Vacuum Conditions, Lucas A. Scott

Masters Theses

The environment in the vacuum of space is unforgiving and ever-changing. Not only facing the lack of a protective atmosphere, but powerful radiation and extreme temperature ranges as well. Equipment destined for space must be hardened to withstand them. Just launching satellites that are theoretically able to survive these conditions is unfeasibly costly in the event of failure. Because of this, spacecraft must be tested in a simulated environment that can match the harsh climate in space. Therefore, it is the goal of the Gas and Plasma Dynamics Lab's (GPDL) to test and prove specific methods of recreating these conditions. …