Digital Commons Network^™

The Needless Search For A Founding-Era "Hearsay" Definition, Jeffrey Bellin

University of Michigan Journal of Law Reform

Modern Confrontation Clause doctrine permits only unconfronted “out-of-court statements that would have been admissible in a criminal case at the time of the founding.” To operationalize this concept, the Supreme Court identifies “testimonial hearsay” as the Clause’s primary concern. Its opinions regularly dive into the historical record to refine what counts as “testimonial” but ignore that record in defining “hearsay.” This omission cannot last. Cases in the lower courts, and one on the Court’s recent docket, concern testimonial but (arguably) non-hearsay statements. And while confrontation jurisprudence is supposed to be tied to founding-era evidence law, the “hearsay” definition, casually referenced …

Risk-Taking And Reform: Innovation For A Better Education, Megan M. Carpenter

The University of New Hampshire Law Review

No abstract provided.

Criminal Legal Reform In New Hampshire: One Law Professor's Activism, Albert E. Scherr

The University of New Hampshire Law Review

Criminal legal reform is a perpetual work in progress. The system itself is, at best, maddeningly imperfect. It too often fails to produce anything close to justice. Structural problems afflict the system in a way that incarcerates too many people, particularly people of color. For example, over the last thirty years, the Innocence Project has demonstrated imperfections in the system caused by faulty eyewitness identification procedures by ineffective assistance of counsel, by prosecutorial misconduct, by shoddy forensic practices and by police behavior that produced false confessions.

That the United States has well over fifty-one independent criminal legal systems frustrates efforts …

Bridging The Paradigmatic Crevasse Between Lawyers And Scientists: The Need For New Institutional Models, Stanley P. Kowalski, Stanley Kowalski

The University of New Hampshire Law Review

The professions of science and law have traditionally been siloed paradigms, operating often in tandem with each other but rarely intersecting in the interdisciplinary pasture which separates them, a pasture from which an abundance of synergistic collaboration and ensuing creative concepts might sprout. However, the erstwhile never the twain shall meet situation is neither realistic nor even tenable in the current century, a century increasingly dominated by science, technology, invention, innovation, and intellectual property. Simply put, whereas lawyers are risk averse and build constructed realities to argue points and serve clients, scientists seek an objective assessment of truth and accept …

Nextgen Licensure & Accreditation, Nachman N. Gutowski

The University of New Hampshire Law Review

The Bar Exam is changing. The National Conference of Bar Examiners is pushing full steam ahead with a replacement for the current elements that make up the Uniform Bar Exam (UBE). This new exam, called the NextGen Bar Exam (NextGen), is scheduled to launch in Summer 2026. Current American Bar Association (ABA) accreditation standards do not consider the coming changes. A full picture of what the adjustments will look like is hazy and very much in the trial stages still. These shifts impact current law students, the legal education practices of law schools, and accreditation standards. There is a near-universal …

How To Handle The Truth: Avoiding Improper Sentencing Argument In Courts-Martial, Cooper C. Millhouse, Stephen Paul

Hofstra Law Review

The Court of Appeals for the Armed Forces has identified a variety of sentencing arguments as improper. These arguments are improper because they encourage courts-martial to abandon disinterested impartiality or because they ask courts-martial to consider facts or opinions unrelated to the accused’s culpability. This Article catalogs and classifies the improper arguments that violate these principles for use by the JAG Corps.

The New Legal Ethics: The 2024 Howard Lichtenstein Distinguished Professorship In Legal Ethics Lecture, W. Bradley Wendel

Hofstra Law Review

The article reflects on the inaugural Howard Lichtenstein Lecture in Legal Ethics, delivered by Tom Shaffer in 1989, and his exploration of the moral dimensions of lawyer professionalism. Topics include Shaffer's view on the moral virtues that lawyers should cultivate, such as honor, integrity, and fairness, the ideal of the "gentleman-lawyer" exemplified by characters like Atticus Finch, and the concept of complicity in the legal profession.

Chioma Di Ulivo - Courtyard Canopy, Lilla J. Vigh, Claudia A. Geist

Architectural Engineering

Chioma di Ulivo ("Olive Tree Canopy") is the investigation and design of a canopy structure in the Engineering West (Bldg. 21) Hasslein Courtyard. The canopy will serve as a filtration system for both water and fallen olives from the olive tree on site, while providing a functional collaboration space for faculty and students alike. The goal of this project was to construct a quality diorama built by Lilla Vigh and Claudia Geist under the supervision of Dr. Craig Baltimore.

Smith Property Pre-Engineered Metal Barn, Trent Arjay Olmstead

Architectural Engineering

The Smith Residence Barn is a pre-engineered metal building designed to provide additional storage and workspace. The Architectural design was created by the Nunno Corporation, a San Luis Obispo based steel building general contractor. The soils report was created by Mid-Coast Geotechnical, INC. and the report’s conclusions were used for determining site conditions related to the foundation and lateral force system design. The structural calculations and plans were created by Trent Olmstead and reviewed by Brian Marc-Aurele, SE and Chris Murphy, SE. All calculations were done in accordance with the 2022 CBC, ASCE 7-16, 2023 AISC, ACI 318-19, and AISI …

Earning Engagement As A Graduate Student Instructor, Matthew Sloss

Architectural Engineering

One of the key benefits of a Cal Poly education is access to experienced instructors in a small classroom setting. In my final quarter at Cal Poly, I had the opportunity to glance behind the curtain and fill the significant shoes of an instructor of an introductory structural statics class. What initially was a chance to lend a hand to the department by sharing my limited experience turned into a thorough exploration of what it means to be productively engaging and of how to utilize the underrealized power of asking questions in the classroom setting. This report documents my experiences …

Fatigue And Depressive Mood In Chronic Low Back Pain, Anitha Saravanan, Hl Matthews, D Tell, A Starkweather, L Janusek

Faculty Articles, Papers, and Other Scholarship

Purpose

Design and Methods

Turbulence: Full Issue Download

Quill & Scope

Turbulence is an essential part of the natural world. Opposing currents churn the deep waters of the ocean, strong winds clear the air of pollutants, and powerful storms drench the earth with life-sustaining water. Yet, when we humans find ourselves experiencing turbulence, our gut reaction is often to bear down and anchor ourselves. Perhaps you, like us, have found yourself closing your eyes and tightly grasping the armrests of your airplane seat as the wings rock, or trying to keep your eyes on the horizon to prevent seasickness from taking hold in choppy waters. Anchoring ourselves allows us to maintain …

An Index Of Biotic Integrity For Macroinvertebrate Stream Bioassessment Conducted By Community Scientists, Patrick M. Edwards, Daniel Bedell, Shannon Hubler, Chad A. Larson, Kate H. Macneale, Elisa Mickelson, Chris Prescott, Elinore Webb, Jo Wilhelm

Environmental Science and Management Faculty Publications and Presentations

Community science bioassessment has great potential to inform comprehensive stream management plans, but regional analytical tools are needed to evaluate macroinvertebrate data collected through community science programs. To this end, we modified a pre-existing professional index of biotic integrity (IBI) to create a community science IBI (CS-IBI), designed for stream macroinvertebrate data collected by community scientists with minimal training. We used data collected by both professional and community scientists to develop, calibrate, and validate the CS-IBI at 76 streamsites in the Puget Lowland andWillamette Valley ecoregions of the PacificNorthwest in theUnited States. Community science data were taxonomically coarser andmore variable …

The Realm That I Am: An Interdisciplinary Memoir On Identity And Healing, Maria Rowen Flores

University Honors Theses

This thesis is an interdisciplinary exploration into identity, self, and meaning-making. Engaging queer studies, Chicano/a Studies, narrative therapy, creative nonfiction, and visual arts, this project is both a collage and self-portrait in two parts. Part one uses the ideas of philosophers Gloria Anzaldúa, María Lugones, Jack Halberstam, and Judith Butler to explore identity formation in the author’s family and social contexts. Part two follows the experience of having C-PTSD and uses memoir and creative writing to explore the narrative therapeutic mode. Both sections explore themes of identity, social isolation, relationships, failure, mental illness, trauma, and addiction. The work is underscored …

The Pursuit Of Productivity: A Marxist Analysis Of How Frederick Winslow Taylor And Dr. W. Irving Clark Revolutionized The American Factory During The Early Twentieth Century, Stephen Hood

University Honors Theses

In 1911, two events occurred that laid the framework for a revolution in factory management; Frederick Winslow Taylor published his famous work The Principles of Scientific Management; and The Norton Emery Company hired W. Irving Clark to open a first-of-its-kind medical facility. Clark's work should be understood as an extension of the scientific management that Taylor championed during the turn of the twentieth century. The factory served as a laboratory for men like Clark and Taylor to create new methods for increasing productivity while attempting to overcome contradictions inherent to the capitalist mode of production. By utilizing the work …

Immigration, Machismo, And Cultural Stigmatization: Causes Of Lack Of Mental Health Treatment Utilization Among Mexican Men In The U.S., Cynthia M. De La Torre-Lopez

University Honors Theses

Within academia, the topic of Latino men's mental health treatment utilization does not gather enough discussion. Even less, the area of Mexican men's mental health which although part of the Latino population, has specific stressors and implications. The following thesis will present a literature review method in order to answer the following research question, "How does machismo, stigma, and immigration affect the utilization of mental health treatment among Mexican men living in the U.S.?" These three predictors: machismo, stigma and immigration will be discussed in order to find an explanation as to why Mexican men are less likely to search …

Death With Dignity: Queer Representation In Deathcare Systems, Esmé Ringelstetter

University Honors Theses

This thesis examines the ways that elderly members of the LGBT community lack representation within deathcare systems. Currently, the LGBT community is vastly underrepresented in research relating to the dying process and deathcare. This lack of representation creates barriers for LGBT individuals at the end of their lives and creates difficult end-of-life experiences. I utilized previous research that studied how LGBT populations interact with and are treated by a variety of death care-related systems, including health systems, legal systems, and therapeutic systems. This research highlighted the need for the LGBT community to be better represented within both research relating to …

Perceptions Of Educators On The Inclusion Of Students With Disabilities In The General Education Classroom, Abigail Donde

University Honors Theses

This study analyzed the perceptions of educators on how students with disabilities are supported in general education classrooms. We used semi structured interviews to find out how students with disabilities are supported both within their school, and within the district as a whole. We interviewed a total of six participants (two general education teachers, two speech language pathologists, a learning specialist, and a special education teacher) from three different schools in Oregon to see how students with disabilities are included and how those systems of inclusion differ. The results revealed that many inclusive practices and systems are implemented within schools …

Remediating History: A Review Of Restoration For Creeks Polluted From Historical Mining Sites, With The Red Boy Mine As A Primary Case Study, Kara Atiyeh

University Honors Theses

I conducted a literature review to examine the key aspects of restoring watersheds affected by pollution from historical mining. This review is then applied to a case study discussion of the Red Boy Mine and Clear Creek remediation project in Granite, Oregon. The goal of this discussion is to explore how an analysis of site conditions along with current literature on management practices can help guide these projects. Thousands of abandoned hard rock mines remain throughout the country, and many pose serious environmental health effects. Heavy metals like cadmium, nickel, and copper are brought to the surface from mining activity, …

Choose Your Own Research Adventure: An Asynchronous Tutorial To Address “Research As Inquiry”, Stacy Brinkman, Samantha Hilton

Communications in Information Literacy

The Framework for Information Literacy for Higher Education posits that the practice of asking questions in order to deepen inquiry and understanding is a key element of information literacy. While the “Research as Inquiry” frame is teachable in library instruction, it can be difficult to scale. Popular instructional design software tends to present information in linear formats that can limit how students understand the iterative nature of research. This article presents an attempt at an asynchronous tutorial that overcomes this limitation of medium and that presents “Research as Inquiry” through an iterative and question-based online game. We discuss the development, …

Breaking Bias: A Singular Chapter Solution For Racial Equity In Consumer Bankruptcy, Jerron Wheeler

UC Law Journal of Race and Economic Justice

This article explores the aftermath of the Covid-19 pandemic, revealing a looming medical debt crisis among Black families, while examining the intersection of racial bias, attorney practices, and the existing two-chapter consumer bankruptcy system. Proposing a solution, the article advocates for the consolidation of Chapters 7 and 13 into a single chapter, citing the Consumer Bankruptcy Reform Act of 2020 (CBRA) as a potential remedy. Further, this article argues that a single chapter would simplify the bankruptcy process, reducing the influence of attorney bias and promoting uniform eligibility criteria. This approach aims to make debt relief more accessible, especially for …

Kinomatic Hip Arthroplasty Pelvic Tilt, Emily Wolfert, Teddy Alberton, Sydney Dresser

Biomedical Engineering

Kinomatic is a startup company that provides custom preoperative surgical plans for orthopedic surgeons. The surgical plans are intended for total hip and knee arthroplasty to provide patient-specific measurements and implant sizing. Surgeons can view the surgical plans as 3D models in virtual reality with an Oculus Quest 2 headset or as a PDF summary. Most patients receive a diagnostic anterior-posterior (AP) x-ray that allows their surgeon to determine if they are eligible for a total hip or knee replacement. After diagnosis, the patient can also choose a Kinomatic surgical plan to provide their surgeon with additional data points before …

Barcode Medication Administration (Bmca): 2023-24, Krishan R. Patel, Carlos E. Sosa, Mary Grace Sy

Industrial and Manufacturing Engineering

The Barcode Medication Administration is an important system implemented within a hospital. It is the process in which nurses and other healthcare professionals prescribe and distribute medication to the patients. It aids in organizing which patient got prescribed which medication from which doctor and provides records on who was given care by who. The whole BCMA system is a multi-step process from getting the medication prescribed, to the nurses having to pick up the medication from the medication cabinet, and then having to scan the patient and the medication to finally administer medications.

The current BCMA system implemented at the …

Supermileage Competition: Vehicle Chassis, Enrico Miguel Sangalang, Walter Oppelt, Adam Ponce, Vincent Corella

Mechanical Engineering

The Supermileage Urban Concept Vehicle Chassis Project was proposed by the Cal Poly Supermileage club. The goal of this project is to deliver a fully assembled vehicle chassis by the end of the 2023-2024 school year to be used by the club in the 2025 Shell Eco-Marathon competition. The competition requires a four-wheeled vehicle to comply with various requirements outlined in the Shell Eco-Marathon rulebook, such as dimensions and some safety requirements. The team selected a backbone-style chassis as the design direction. This design consists of a main structural beam that supports all other chassis and vehicle components. This main …

Predicting Language Proficiency Using A Multiple Regression Model, Madisen Barrieau

Senior Honors Theses

Businesses that design language learning products have a common goal to impart language proficiency to users. Many variables play a role in reaching language proficiency, including time spent in study, method of learning, use of technology, motivation, and more. This study involved creating several multiple regression models in R on a dataset featuring many of these variables. This research sought to identify the relative weight and measurability of these variables unto the goal of predicting language proficiency. Several regression models were created, and the best model showed that language similarity and length of residence in target culture, among other factors, …

Utilizing Extreme Value Theory To Uncover Yield Distributions From Farm And County Level Historical Corn Yields, Gerald H. Van Tassell

Department of Agricultural Economics: Dissertations, Theses, and Student Research

Yield risk represents a major portion of the financial risk facing corn producers and is found in the left tail of the yield distribution. Traditional methods for generating yield distributions fall into two categories: parametric and non-parametric. The shape and behavior of the tail of parametric yield distributions are determined by distributional assumptions. Non-parametric distributions fail to account for the possibility of as yet unseen extreme events, often referred to as “Black Swans”. Extreme Value Theory (EVT) rectifies these issues by providing an empirical, parametric estimate of the risk of extreme events, regardless of the underlying distribution of corn yields. …

Agency Use Of Indirect Benefits To Justify Regulation, Abe Eichner

Michigan Law Review

Executive agencies have long used indirect benefits—meaning benefits beyond the express purpose of a regulation—to justify their rulemakings. However, the statutes that provide agencies with regulatory authority rarely explicitly direct agencies to consider indirect benefits. Lower courts disagree over whether consideration of indirect benefits is permissible, and the Supreme Court has reserved the question for a future case. Courts and existing scholarship have largely asked whether particular statutory provisions authorize consideration of indirect benefits. This Note contends that, even without such statutory authorization, indirect benefits are presumptively permissible because they further three traditional administrative law values: rational decisionmaking, transparency, and …

Bounded Extraterritoriality, Ruth Mason, Michael S. Knoll

Michigan Law Review

Twenty-first-century politics has inspired a new mode of interstate rivalries and reprisals consisting not of the tariffs that plagued the Founding but rather of regulations with significant impacts outside the enacting state’s borders. Employing the dormant Commerce Clause doctrine of extraterritoriality, the Supreme Court has limited overbroad state regulations, but the extraterritoriality doctrine is unclear both in its normative grounding and practical application. This Article proposes a conceptual framework that situates the prohibition of extraterritoriality as an aspect of horizontal federalism. Our conceptualization of extraterritoriality enables us to distinguish it from two dormant Commerce Clause doctrines with which it is …

Isolation And Identification Of Entomopathogenic Fungi From The Soils Of Northwest Iran And Their Biological Control Efficacy On The Flour Moth (Ephestia Kuehniella) [Research Note], Mohadeseh Moghasem, Manizheh Jamshidi, Reza Khakvar, Sevil Nematollahi

The Philippine Agricultural Scientist

Entomopathogenic fungi have the potential to serve as alternatives to or supplements for chemical pesticides in insect biocontrol, with many of these fungi being utilized in commercial and integrated pest control practices globally. This study aimed to isolate and evaluate the efficacy of various entomopathogenic fungi for the biocontrol of the flour moth, Ephestia kuehniella (Lep: Pyralidae). Multiple isolates of entomopathogenic fungi were acquired from soils across different districts of Azerbaijan province in northwest Iran, and their virulence against E. kuehniella larvae was assessed. Seventeen isolates representing diverse entomopathogenic fungi were isolated and purified using the soil trap method from …

Juvenile Report, June 2024, Tennessee. Department Of Correction.

Juvenile Reports

No abstract provided.