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Crying Wolf: Neo-Patriots, Critical Race Theory, And The Constitutional Protection Of "Dangerous" Ideas, Bryan K. Fair

Articles

Most Americans do not realize that, notwithstanding the First Amendment's free speech guarantee, for most of our nation's history, judges sent men and women to prison for expressing ideas considered too "dangerous." It was not until the late 1960s that the Supreme Court rejected the clear and present danger doctrine, insisting that statutes banning speech must draw a distinction between advocacy of ideas and advocacy of imminent lawless action. The Court held that under that constitutional norm, the government could not send a Klansman to prison for expressing racist, anti-Semitic, or otherwise dangerous or offensive ideas. Since then, banning the …

Policing Protest: Speech, Space, Crime, And The Jury, Jenny E. Carroll

Articles

Speech is more than just an individual right-it can serve as a catalyst for democratically driven revolution and reform, particularly for minority or marginalized positions. In the past decade, the nation has experienced a rise in mass protests. However, dissent and disobedience in the form of such protests is not without consequences. While the First Amendment promises broad rights of speech and assembly, these rights are not absolute. Criminal law regularly curtails such rights - either by directly regulating speech as speech or by imposing incidental burdens on speech as it seeks to promote other state interests. This Feature examines …

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 …

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, …

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 …

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 …

Breaking Free From "Crime-Free": State-Level Responses To Harmful Housing Ordinances, Jenna Prochaska

Lewis & Clark Law Review

Municipalities throughout the country enforce broad and harmful crime-free housing and nuisance property ordinances (CFNOs)—local laws that encourage landlords to evict or exclude tenants from housing opportunities based on their contact with the criminal legal system or calls for police help. There is little evidence that CFNOs are effective at achieving their stated goal of increasing community safety, and there is significant evidence that they harm Black and Latinx communities, survivors of domestic violence, individuals with disabilities, and low-income tenants and communities more broadly. Despite more than a decade of legal advocacy successfully challenging CFNOs using a range of legal …

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

Lewis & Clark Law Review

No abstract provided.

The Terms Of Their Deal: Revitalizing The Treaty Right To Limit State Jurisdiction In Indian Country, Dylan R. Hedden-Nicely

Lewis & Clark Law Review

For over 200 years, the “whole course of judicial decision” in the United States has recognized that American Indian tribes possess inherent sovereignty to govern their lands and people. Federal recognition of that sovereignty was memorialized in countless treaties, congressionally ratified agreements, and executive orders setting aside reservations throughout the United States. Throughout that same period, and with only minimal exception, the judiciary faithfully applied those treaties to protect tribal property rights, recognize tribal sovereignty, and bar states from imposing jurisdiction within Indian Country.

The jurisprudence in this arena has shifted, however, over the past few decades. Although the Supreme …

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 …

Juvenile Competency Restoration, David R. Katner

Lewis & Clark Law Review

Despite legal competence presumptions about juveniles facing delinquency charges, tens of thousands of forensic mental health evaluations challenge the status of court-involved children in the United States each year. Researchers now find mental health disorders prevalent among juveniles in the justice system, with up to 70% having a diagnosable mental health problem. It is inappropriate to think of adolescents as younger versions of adults whose behaviors can be viewed through the same lens as adult behaviors. The Article will explore some of the causes and conclusions about why many juveniles are not competent and why many of them may not …

Socioeconomic Status Under Title Vii: Why Socioeconomic Status Should Be Protected And How Class-Based Discrimination Already Violates The Law, Ember Devaul

Lewis & Clark Law Review

Title VII of the Civil Rights Act was enacted with a goal to end workplace discrimination. However, many workers still face discrimination today based on factors that were intended to be protected by the statute. This Comment discusses the severity of socioeconomic discrimination and why prohibiting discrimination based on socioeconomic status is important, explores how the addition of socioeconomic status as a protected class under Title VII is supported by both legislative intent and judicial interpretation, and dissects how employers are already opening themselves up to liability under Title VII when they discriminate based on an individual’s socioeconomic status.

Recourse To Sages And Supermen: Interpreting The 1857 Oregon Constitution In Light Of The Convention’S Failure To Hire An Official Reporter, Nora Coon

Lewis & Clark Law Review

The lodestar of Oregon interpretive methodology is “legislative intent,” whether it is statutory or constitutional. But discerning that intent is often difficult and it is made even harder when there is a dearth of meaningful history. The Oregon Constitution is one such troublesome document. The Oregon Constitutional Convention of 1857 went against the trend of constitutional conventions in its era and failed to hire a reporter to document its proceedings, leaving that task to newspapers of varying political ideologies. The Oregon delegates, like their contemporaries, relied on four primary considerations: (1) the cost; (2) the importance of immediate publication; (3) …

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 …

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. …

Designing Exterior Lighting For Safety And Comfort While Minimizing Light Pollution, Energy Consumption, And Cost, Stephen Michael Simmons

Masters Theses

"Artificial light at night brings many benefits to society. However, these benefits do not come without costs. One environmental issue that is often overlooked in the design of public spaces and infrastructure is light pollution. At the expense of large amounts of energy, light pollution causes numerous harmful effects on human health, ecosystems, and the night sky. Today, the problem is becoming more widespread, especially with the increasing use of bright, white LED luminaires. Thus, it is imperative for designers and engineers to create smarter lighting designs that not only allow for safety and comfort at night but also promote …

Dynamic Discounted Satisficing Based Driver Decision Prediction In Sequential Taxi Requests, Sree Pooja Akula

Masters Theses

"Ridesharing platforms rely on connecting available taxi drivers to potential passengers to maximize their revenue. However, predicting the stopping decision made by every driver, i.e., the final task performed during a given day, is crucial to achieving this goal. Unfortunately, little research has been done on predicting drivers’ stopping decisions, especially when they deviate from expected utility maximization behavior. This research proposes a Dynamic Discounted Satisficing (DDS) heuristic to model and learn the task at which human agents will stop working for that day, assuming that the human agents are taking sequential decisions based on their preference order. We apply …

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 …

Humans In The Loop, Rebecca Crootof, Margot E. Kaminski, W. Nicholson Price Ii

Law Faculty Publications

From lethal drones to cancer diagnostics, humans are increasingly working with complex and artificially intelligent algorithms to make decisions which affect human lives, raising questions about how best to regulate these “human-in-the-loop” systems. We make four contributions to the discourse.

First, contrary to the popular narrative, law is already profoundly and often problematically involved in governing human-in-the-loop systems: it regularly affects whether humans are retained in or removed from the loop. Second, we identify “the MABA-MABA trap,” which occurs when policymakers attempt to address concerns about algorithmic incapacities by inserting a human into a decisionmaking process. Regardless of whether the …

Parens Patriae After The Pandemic, Meredith Johnson Harbach

Law Faculty Publications

The COVID-19 pandemic prompted extraordinary state action to protect American children. Acting in its longstanding role as parens patriae, the state stepped in to protect children and their families from the ravages of the pandemic as well as from the dramatic upheaval it precipitated. This Article will evaluate the state’s pandemic response vis-à-vis children and their families, mining the experience for lessons learned and possible ways forward. Specifically, this project will argue that the state’s pandemic response represented a departure from the state’s conventional approach to parens patriae. Conventional practice prior to the pandemic was characterized by a state model …

#Onygo, Géraldine Blattner, Amanda Dalola, Stéphanie Roulon

PDXOpen: Open Educational Resources

#OnYGo is an innovative first-year French language e-textbook, designed as Open Educational Resource (OER), for learning beginning French (equivalent to one year at an American university). It is inspired by a remix of task-based, multiliteracies and communicative approaches, which provides students with opportunities to engage with French language and culture in a variety of contexts and situations, across a range of modalities. Through a wide range of activities, students develop and practice their language skills, and reflect on their cross-cultural knowledge and positionality in their understanding of the vast francophone landscape. #OnYGo is a first-year textbook that takes a DEI-forward …

Surface Modification Of Carbon-Based Electrodes For Electrochemical Conversion Processes: Oxygen Reduction Reaction And Bicarbonate Conversion, Udari Shyamika Kodithuwakku Arachchige

Theses and Dissertations--Chemistry

Oxygen reduction reaction (ORR) and conversion of bicarbonate into value-added chemicals are two significant electrochemical processes for energy storage and conversion. ORR is an important electrochemical reaction in fuel cells and metal-air batteries that provide power conversion and storage capacity, respectively, for portable electronics, and electric vehicles. However, the performance of catalysts (e.g., platinum-based) is critically limited by slow kinetics, inefficient four-electron pathway, and surface deactivation. This limited performance of platinum-based catalysts, the scarcity of platinum, and vulnerable supply chains for critical minerals require the development of alternative electrocatalysts now more than ever. Carbon-based materials possess several key properties that …

First Principles Calculations To Investigate Surface And Catalytic Properties Of Materials For Green Energy Generation, Keerthan Raghavendra Rao

Theses and Dissertations--Chemistry

Climate change due to greenhouse gas build up in the earth’s atmosphere is an existential threat to humanity. To mitigate climate change, a significant shift from fossil fuels is necessary. Over the years, several renewable energy sources like solar, wind, geothermal etc. have been explored with the aim providing carbon-free energy. In this work, we focus on using density functional theory (DFT) methods to investigate key functional properties of materials of interest for applications in solar cells and catalytic conversion for energy generation. We show geometric effects of carboxylic acid binding on a transition metal surface to impact the deoxygenation …

Experimental Evaluation Of Micro-Epidermal Actuators On Flexible Substrates, Courtney D. Bradley

Graduate Research Theses & Dissertations

Does embedding actuators in a flexible substrate increase their performance in hearing aids? What are the differences in damping experienced by actuators of different diameters and at different locations? At what frequency is peak acceleration achieved and what role does the size of the actuator and embedding it in a flexible substrate play? These questions will form the basis of this thesis. This work was done to develop a small non-invasive Band-Aid-©-like hearing aid. The novelty of this device requires a detailed analysis of piezoelectric actuators. This is a continuation of past students’ work on the topic. The main parameters …

Herstory 101: Examining The Representation Gap Of Bipoc Women Educational Leaders, Kinasha Brown

Graduate Research Theses & Dissertations

Background/Purpose: The purpose of this study was to examine how lived experiences influenced perceptions of leadership self-efficacy amongst Black, Indigenous, or Person of Color (BIPOC) women educational leaders in order to minimize future representation gaps in educational leadership. Methods: Qualitative interviews were conducted with 14 BIPOC cis-gender female leaders who worked in a large school district in the southwestern region of the United States. Results: Examining the social constructs of race, gender, leadership makes clear how BIPOC women are socially constructed as inferior and how that played out in this educational leadership settings. The interconnectedness of both approaches contributes to …

Dynamic Overnight Effect On Next Day Stock Market Forecasting, Thomas J. Lee

Graduate Research Theses & Dissertations

Using a cross section of stocks that have high frequency trading data from 2007 to 2018, we document whether various intraday momentum patterns found in the financial literature over the years continue to hold over time. The first half hour return on the market is often seen as having predictive power over the last half hour of trading, or overnight returns are thought to reverse in the next day's first half hour of trading. We find that while there is some evidence for these patterns, especially in the earlier years, these patterns tend to weaken over time as investors take …

Using Machine Learning To Predict Student Outcomes, Saba Fatima

Graduate Research Theses & Dissertations

Predicting students’ performance to identify which students are at risk of receiving aD/Fail/Withdraw (DFW) grade and ensuring their timely graduation is not just desirable but also necessary in most educational entities. In the US, not only is the Science, Technology, Engineering, and Mathematics (STEM) major becoming less popular among students, the graduation rate of STEM students is steadily declining. The lack of STEM graduates in the US is a serious problem that will place this country at a disadvantage as a competitor in international technological advancement. In order to secure its status as a technological leader internationally, the US institutions …

Christianity And Mental Health Counseling: Voices Of The Black-Negro American Experience, Kyle Preston Goodwin

Graduate Research Theses & Dissertations

The narration of the lived experiences of Black-Negro Christian Americans in relation to mental health counseling services is vital because opportunities for researchers and clinicians to hear their voices instead of a story written for them by the leading culture is created. Specifically, when it comes to Black-Negro spirituality and religion as part of Black-Negro culture, it is one of the most beautiful and intriguing experiences that exists. A critical theory paradigm is being used for how knowledge is created and disseminated for the purposes of social change. Narrative Qualitative research is used to capture the Black-Negro voice, along with …

Surface Modified Titanium And Doxycycline Loaded Pcl/Plga Nanofibers For Improved Cellular Interaction And Biocompatability, Dexter D. Kling

Graduate Research Theses & Dissertations

Biomaterials play an important role in modern medicine through their complexfunctionalities, as implants, grafts, and drug delivery systems. The addition of dopants and biomolecules in biomaterials offers unique solutions to common issues and provides new methods of improving overall health. In our work, we examined osteoblast cell interactions with titanium (Ti) after alkali treatment and deposition of magnesium (Mg) and iron (Fe). We also studied the antibacterial properties of doxycycline loaded polymeric nanofibers produced via electrospinning. To study the biological properties of surface-modified Ti, we first prepared commercially pure titanium samples by grinding and polishing, then performed alkali treatment in …

Examining Early Word Recognition Instruction: Synthetic Phonics Vs. Analytic Phonics, Jenelle Gallagher-Mance

Graduate Research Theses & Dissertations

This single subject experimental design study used an adapted alternating treatment design to examine the effects of a synthetic phonics intervention and an analytic phonics intervention on oral reading accuracy, oral reading rate, and letter-sound correspondences among first grade students. Students who were reading at least two levels below guided reading level expectations and scored below the 25th percentile on the AIMSweb R-CBM (2017) fluency probe and the Words Their Way Primary Spelling Inventory (Baer et al., 2007) were selected to participate in the study. Five participants received daily instruction based on a synthetic phonics intervention (systematic directed phonics) or …