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Oregon’S History Of Using The Law To “Stack The Deck” In Favor Of White Males, Janet Steverson Jan 2026

Oregon’S History Of Using The Law To “Stack The Deck” In Favor Of White Males, Janet Steverson

Lewis & Clark Law Review

The United States has a sordid, racist history that permeates society still today. The State of Oregon has its own racist history, systematically excluding persons of Black African ancestry in its early years. This Essay explains this history and how seemingly historical practices continue to provide advantages to some, while detrimentally impacting others. This history is put in context by providing explanations of particular terms and this Essay further explains why examining these historical laws are critical in moving forward.


Truth And Consequences: What Catastrophe Teaches Us About Homeownership And Underinsurance, Kenneth S. Klein Jan 2026

Truth And Consequences: What Catastrophe Teaches Us About Homeownership And Underinsurance, Kenneth S. Klein

Lewis & Clark Law Review

The firestorms enveloping Los Angeles in January 2025 made yet more inescapable the reality of the increasingly overwhelming impacts that climate change is having on communities. Many thousands of owner-occupied homes were destroyed. Most homes have insurance, but many homeowners will be surprised to find themselves underinsured, meaning their insurance proceeds will be materially less than the insurer-reported, incurred cost of rebuilding their destroyed home. The human consequences on these homeowners, each of whom has lost everything in a single week, are a now sadly all too imaginable tragedy in real time.

How underinsurance happened and what could have been …


Anything For Views Parenting, Bahar Tarighi Jan 2026

Anything For Views Parenting, Bahar Tarighi

Lewis & Clark Law Review

Children who appear in monetized family vlogs are the product. Without them, the content would not exist, and the revenue would not follow. Yet unlike child actors in traditional entertainment, these children receive no guaranteed wages, no mandated trust accounts, and no right to control the digital record created in their name. This gap is a product of a legal framework that has simply not kept pace: the Fair Labor Standards Act, enacted in 1938, expressly exempted child performers from its protections, and neither Congress nor the majority of states have updated their child labor frameworks to account for the …


A Strategic Approach To “E”Sg Reporting, Taylor Nchako Jan 2026

A Strategic Approach To “E”Sg Reporting, Taylor Nchako

Lewis & Clark Law Review

Environmental, Social, and Governance (ESG) factors have emerged as an important investment tool for the financial sector to address climate change. While the federal government has abandoned ESG disclosure, U.S. firms still face reporting obligations domestically and abroad. States across the country have proposed or passed two types of disclosure laws: greenhouse gas emissions disclosure and climate risk disclosure. These state-level efforts mirror actions in the European Union, Canada, and other jurisdictions in which U.S. firms operate.

As ESG disclosure standards are adopted in jurisdictions around the world, these standards are undergoing various advancements, reductions, and contestations. These shifts in …


Never Cool Enough: Legal And Policy Challenges To Keeping Data Centers And Communities Empowered In A Warming World, Cristina M. Banahan, Diana B. Wilkinson Jan 2026

Never Cool Enough: Legal And Policy Challenges To Keeping Data Centers And Communities Empowered In A Warming World, Cristina M. Banahan, Diana B. Wilkinson

Lewis & Clark Law Review

In a rapidly evolving world, artificial intelligence (AI) and cryptocurrency are two technologies at the forefront of the future. Although these developments promise many potential societal benefits and revenue, they come with a price. The data processing required to operate these new technologies demands a large amount of energy, using water to cool the systems and enable them to run without overheating. With such high water and energy demands, the benefits from these technological advancements come at a steep environmental cost. Despite the negative environmental impacts of these data centers, the Trump Administration continues to roll back environmental protections. The …


From Chainsaws To Courtrooms: Corporate Climate Litigation And Deforestation In Brazil, Maria Antonia Tigre, Mariana Barbosa Cirne Jan 2026

From Chainsaws To Courtrooms: Corporate Climate Litigation And Deforestation In Brazil, Maria Antonia Tigre, Mariana Barbosa Cirne

Lewis & Clark Law Review

Corporate climate litigation has emerged as one of the most dynamic and high-profile tools for addressing the private sector’s role in the climate crisis. While much of the scholarship and public debate has centered on cases in the United States and Europe, litigation targeting corporations in the Global South—particularly Brazil—has grown rapidly, both in volume and significance. Brazil now ranks among the world’s top jurisdictions for corporate climate damage claims. These suits have pioneered methods for quantifying climate damages, often from illegal deforestation, and have tested the reach of the civil liability regime in novel ways. This Article offers the …


Corporate Climate Litigation In Europe: Scaffolding From State Obligations And The Rise Of Polluter-Pays, Joana Setzer, Nina Koistinen, Catherine Higham, Lucas Biasetton Jan 2026

Corporate Climate Litigation In Europe: Scaffolding From State Obligations And The Rise Of Polluter-Pays, Joana Setzer, Nina Koistinen, Catherine Higham, Lucas Biasetton

Lewis & Clark Law Review

Over the last decade, Europe has been the crucible of path-defining climate cases. Across the region, courts have been asked to define the limits of public and private responsibility. This Essay argues that corporate climate litigation in Europe has developed along two intersecting trajectories that together define an emerging framework of climate accountability. The first extends public-law standards to corporations, translating human rights and carbon-budget principles into private-law duties of care, due diligence, and disclosure that reach across entire value chains. The second trajectory sees the emergence of polluter-pays litigation, which seeks to proportionate damages and adaptation costs from major …


Regulated Victimization: The Rise Of Human Trafficking Within The Oregon Massage Industry, Hannah Beaulieu Jan 2026

Regulated Victimization: The Rise Of Human Trafficking Within The Oregon Massage Industry, Hannah Beaulieu

Lewis & Clark Law Review

Illicit massage businesses are massage spas that appear to operate as legitimate businesses but facilitate commercial sex acts behind closed doors. Recent law enforcement investigations in Oregon have revealed that some illicit massage businesses have facilitated the human trafficking of multiple victims. The illicit massage industry has steadily grown across the country but has especially boomed in recent years in Oregon. This Note investigates how the illicit massage industry has evolved to be so prevalent in our communities and what factors have contributed to the growth. It goes on to recommend ways to protect victims, to prevent further harm, and …


Quo Warranto In The Aftermath Of Loper Bright, Dennis Hall Jan 2026

Quo Warranto In The Aftermath Of Loper Bright, Dennis Hall

Lewis & Clark Law Review

In 2024, the Supreme Court did away with Chevron deference in Loper Bright Enterprises v. Raimondo. One previously undiscussed consequence of this decision is how it opens the door to a broader use of quo warranto corporate charter revocation. Quo warranto is a legal remedy held by the states that has fallen into relative obscurity, but it has the power to regulate large corporations that have strayed from the bounds of acceptable activity. This Comment examines the history of corporations and corporate oversight regulation in the United States, as well as the history of quo warranto as a remedy. Additionally, …


"Activist" Versus "Passive" Investors: A Closer Look At Proxy Contests And The Contemporary Balance Of Advantage, John C. Coffee Jr. Jan 2026

"Activist" Versus "Passive" Investors: A Closer Look At Proxy Contests And The Contemporary Balance Of Advantage, John C. Coffee Jr.

Faculty Scholarship

The era of the hostile takeover has clearly given way to the era of the proxy contest led by an activist hedge fund. Today, a record number of such contests are underway, and they have changed the board composition at many U.S. companies and caused a record number of CEO resignations. But there is a mystery here: when activist funds negotiate for changes with target managements, they often obtain meaningful changes in the board of directors and corporate policies. However, when activists attempt a proxy contest, they have generally been unsuccessful, winning only a small number of seats in a …


Character Judgements Of Rap Music Fans, Kaila C. Putter, Dan J. Miller, Amy M. Belfi, James Rees, Amanda E. Krause Jan 2026

Character Judgements Of Rap Music Fans, Kaila C. Putter, Dan J. Miller, Amy M. Belfi, James Rees, Amanda E. Krause

Psychological Science Faculty Research & Creative Works

Extending Fischoff, we used vignettes to examine people's perceptions of a hypothetical rap fan accused of murder. Study 1 (N = 300) used a 2 (murder accusation) x 2 (inclusion of rap lyrics) x 2 (fan gender) experiment, asking participants to judge how capable of murder and sexually aggressive they found the fan. The presentation of lyrics and murder accusation were associated with the fan being more capable of murder, while rap lyrics and participants' rap attitudes were associated with the fan being more sexually aggressive. Thematic analysis revealed that, in conditions containing both the lyrics and the murder accusation, …


A New Playbook: The Future Of Collegiate Athletic Unionization In The Modern Administrative Era, Katherine Kennedy Jan 2026

A New Playbook: The Future Of Collegiate Athletic Unionization In The Modern Administrative Era, Katherine Kennedy

Fordham Urban Law Journal

No abstract provided.


Federalism And Fair Housing: State Innovation Amidst Federal Retrenchment, Paula A. Franzese Jan 2026

Federalism And Fair Housing: State Innovation Amidst Federal Retrenchment, Paula A. Franzese

Fordham Urban Law Journal

No abstract provided.


A Case For Rule 413 And Evidentiary Rule-Bending In Sexual Assault Cases, Emily Gwydir Jan 2026

A Case For Rule 413 And Evidentiary Rule-Bending In Sexual Assault Cases, Emily Gwydir

Fordham Urban Law Journal

No abstract provided.


Helpful Technology Tools, Niki Elliott Ph.D., Sylvia Mac Jan 2026

Helpful Technology Tools, Niki Elliott Ph.D., Sylvia Mac

Inclusion in Postsecondary Education

No abstract provided.


Tick Lipocalin Triggers Mammalian Igfbp-3-Mediated Apoptosis In Macrophages And Keratinocytes, Krittika Nandy, P. P. Mahesh, Lichao Liu, Daniel E. Sonenshine, Hameeda Sultana, Girish Neelakanta Jan 2026

Tick Lipocalin Triggers Mammalian Igfbp-3-Mediated Apoptosis In Macrophages And Keratinocytes, Krittika Nandy, P. P. Mahesh, Lichao Liu, Daniel E. Sonenshine, Hameeda Sultana, Girish Neelakanta

Biological Sciences Faculty Publications

Ticks secrete several molecules, including lipocalins, in their saliva during blood feeding on a vertebrate host. In this study, we provide novel evidence on the role of Ornithodoros turicata americanus tick lipocalin (Otlip) in modulating cytokine expression and in triggering apoptosis in mammalian macrophages and keratinocytes. The cytokine array analysis revealed significantly increased secretion of insulin-like growth factor-binding protein 3 (IGFBP3) from murine macrophage cell line upon treatment with recombinant Otlip protein (rGST-Otlip) when compared to the secretion noted from cells treated with a control protein (rGST). Similar observation with cytokine protein array analysis was noted when murine macrophages were …


Implementing Multi-Tiered Systems Of Support For School-Based Mental Health Services: An Explanatory Case Study Of An Elementary School, Laura Acker Jan 2026

Implementing Multi-Tiered Systems Of Support For School-Based Mental Health Services: An Explanatory Case Study Of An Elementary School, Laura Acker

UNF Graduate Theses and Dissertations

 

This qualitative explanatory case study examined how school-based mental health services (SBMHS) are implemented within an elementary school’s Multi-Tiered System of Supports (MTSS). Guided by the Consolidated Framework for Implementation Research (CFIR) and sensemaking theory, the study examined how educators and school-based professionals interpret and enact their roles in supporting student mental health within educational contexts. Data were collected through interviews with five MTSS team members and analyzed using a combination of deductive and inductive coding. Results showed that mental health implementation is not a fully integrated system of supports but rather a process shaped by roles and relationships influenced …


A Qualitative Multiple Case Study Exploring Shifts In Thinking Of Principals Through Initiatives To Foster Relational Leadership Conducive To Retaining Teachers In High-Minority, High-Poverty Public Schools, Rita Seay Jan 2026

A Qualitative Multiple Case Study Exploring Shifts In Thinking Of Principals Through Initiatives To Foster Relational Leadership Conducive To Retaining Teachers In High-Minority, High-Poverty Public Schools, Rita Seay

Dissertations

Problem

The public education system is broken, and teacher shortages have reached a crisis, especially in some specialty fields in United States (Carrillo & Salhotra, 2022; Podolsky et al., 2016). Lately, the teacher workforce has been described as a “leaky bucket” (Podolsky et al., 2016, p. 1). Indeed, the problems are complex in poor socioeconomic communities with racial and ethnic groups of students because teachers struggle to make a difference and, in most cases, fail due to insurmountable situations that are beyond their scope of influence (Rondfeldt et al., 2013). Evidence published that students suffer immensely from a broken, segregated …


Called To Lead: Leadership Journeys And Workplace Experiences Of Women Presidents In Seventh-Day Adventist Institutions, Gary Thurber Jan 2026

Called To Lead: Leadership Journeys And Workplace Experiences Of Women Presidents In Seventh-Day Adventist Institutions, Gary Thurber

Dissertations

Problem

Although women constitute more than half of Seventh-day Adventist Church membership, they remain substantially underrepresented in senior leadership roles across North America. This disparity raises important questions about the historical, theological, organizational, and gender-related factors that shape women’s access to institutional leadership within the denomination. A growing body of scholarship has examined the life experiences of women clergy in the church; however, limited research has explored the experiences of women serving in presidential leadership roles within Seventh-day Adventist institutions.

Purpose

The purpose of this study was to understand and describe the experiences of women serving in presidential leadership roles …


Religious Riders And The Sherman Act, Bailey Sanders Jan 2026

Religious Riders And The Sherman Act, Bailey Sanders

Faculty Scholarship

Can corporations engage in anticompetitive behavior on the basis of religious belief? While the answer may seem like an obvious no, in fact this question has largely been overlooked. It has hovered at the margins of the debate over religious exemptions: Proponents of religious exemptions have essentially argued that there is no harm in providing such exemptions to businesses because a competitive market will ensure consumers who might be denied services or goods by a religious firm can still obtain those goods and services elsewhere. But what if religiously minded businesses act in ways that are specifically designed to limit …


The Eighth Amendment And Prison Staff-To-Sentenced Prisoner Sexual Violence, Matthew Lyskawa Jan 2026

The Eighth Amendment And Prison Staff-To-Sentenced Prisoner Sexual Violence, Matthew Lyskawa

Faculty Scholarship

In this Article, I provide the first comprehensive account of lower federal courts’ Eighth Amendment prison conditions jurisprudence regarding prison staff-to-sentenced prisoner sexual violence. I show that lower federal courts are systematically misunderstanding and misapplying Supreme Court case law in this context. The result is that sexually victimized prisoners must meet extremely burdensome doctrinal standards unique to sexual violence claims. Lower federal courts would faithfully follow Supreme Court precedent if they applied the excessive force standard to sexual assault claims and the conditions of confinement standard to sexual harassment claims. However, a faithful application of Supreme Court case law does …


Resistance, Collaboration, And Ethnic Bias: Evidence On Social Cohesion In Wartime Ukraine, Janina Dill, Marnie Howlett, Carl Müller-Crepon, Mara Revkin Jan 2026

Resistance, Collaboration, And Ethnic Bias: Evidence On Social Cohesion In Wartime Ukraine, Janina Dill, Marnie Howlett, Carl Müller-Crepon, Mara Revkin

Faculty Scholarship

Interstate wars can rally societies around the flag, but they can also divide them based on individuals’ behavior and identities. Building on fieldwork in wartime Ukraine, we study the importance of collaboration and resistance, ethnic identity, and the interaction between behavior and identity. We examine how such divisions affect Ukrainians’ attitudes toward each other with two conjoint experiments (N=2,513). When choosing among potential neighbors, respondents prefer individuals who resisted over collaborators. However, two identity attributes—ethnic descent and exposure to Russian occupation of Ukrainian territory—activate biases that behavior alone does not fully overcome. Furthermore, we find that respondents value resistance less …


Eat With Understanding: A Um Student Guide To Food Systems, James Deacon, Cora Johnson, Lucas Dymit, Kaeli Rackham, Elsie Danyo Jan 2026

Eat With Understanding: A Um Student Guide To Food Systems, James Deacon, Cora Johnson, Lucas Dymit, Kaeli Rackham, Elsie Danyo

Undergraduate Theses, Professional Papers, and Capstone Artifacts

The industrialized food system creates environmental harm, reduces food sovereignty, and contributes to growing food insecurity. These problems oftentimes are overlooked in higher education. To address this gap, our project examines how access to sustainable food education and campus-community partnerships can improve well-being and informed decision-making amongst University of Montana students. This collaborative project connects partners within UM Wellness, PEAS Farm, the Missoula Food Bank and Community Center, and the Big Sky Culinary Institute. Our research includes applied learning with these organizations by hosting a variety of speaker series presentations and coordinating a cooking workshop. We collected quantitative and qualitative …


Non-Pharmacological Interventions For The Management And Prevention Of Hypertensive Disorders In Pregnancy: A Review Of The Literature, Shenelle K. Smith, Laurena E. Lepp Jan 2026

Non-Pharmacological Interventions For The Management And Prevention Of Hypertensive Disorders In Pregnancy: A Review Of The Literature, Shenelle K. Smith, Laurena E. Lepp

All Electronic Theses and Dissertations

Hypertensive disorders of pregnancy (HDP), including preeclampsia (PE), are a leading cause of maternal and perinatal morbidity and mortality worldwide. In the United States, rates of HDP continue to rise and are associated with preterm birth, fetal growth restriction, and long-term cardiovascular disease. Current management focuses only on low-dose aspirin for prevention. Surveillance and timely delivery remain the only definitive treatment for preeclampsia. This highlights a critical gap in prevention. Emerging evidence suggests that non-pharmacological interventions–particularly nutrition, physical activity, and lifestyle modification–may reduce the risk and severity of HDP. These approaches align with midwifery models of care emphasizing prevention, education, …


Paper Or Screen: How Do Digital And Traditional Methods Shape Motivation And Reading Outcomes?, Rachel E. H. Bentley Jan 2026

Paper Or Screen: How Do Digital And Traditional Methods Shape Motivation And Reading Outcomes?, Rachel E. H. Bentley

All Electronic Theses and Dissertations

Technological advancements occur with such a high frequency that educators and administrators endeavor to offer as many knowledgeable tools as they can deliver. This sentiment, however, leaves teachers and their pupils asking if this is the right avenue to follow. This literature review investigates the question of whether digital devices and applications are beneficial to student success or cause negative effects on students' learning progress. This review specifically focuses on research that examines K-12 and undergraduate students’ reading comprehension and other ELA fundamentals, as well as students' engagement and motivation, by studying the mode of learning through which instruction was …


Acute Responses To Low-Intensity Aerobic Exercise With Continuous And Intermittent Blood Flow Restriction, James Brown, Jakob D. Lauver, Timothy R. Rotarius, Justin P. Guilkey Jan 2026

Acute Responses To Low-Intensity Aerobic Exercise With Continuous And Intermittent Blood Flow Restriction, James Brown, Jakob D. Lauver, Timothy R. Rotarius, Justin P. Guilkey

Kinesiology

Introduction: This study examined muscular and cardiovascular responses to light-intensity aerobic exercise with different blood flow restriction (BFR) protocols. Methods: Ten males performed four protocols on the cycle ergometer: low-intensity exercise with no BFR (LIE), LIE with continuous BFR (CONT-BFR), LIE with intermittent BFR (INT-BFR), and high-intensity exercise (HIE). Each protocol consisted of five 2-min work intervals (INT) at 35% of peak work rate for LIE, CONT-BFR, and INT-BFR and 70% of peak work rate for HIE. During CONT-BFR, cuffs were inflated to 60% of arterial occlusion pressure (AOP) at the start of INT 1 and remained inflated until the …


A Novel Simulation Framework To Estimate Dynamic Response Of A Solar Panel Array Under Stationary Stochastic Wind Loads, Hanshu Zhang, You Jia Li, Matthew J. Dejong Jan 2026

A Novel Simulation Framework To Estimate Dynamic Response Of A Solar Panel Array Under Stationary Stochastic Wind Loads, Hanshu Zhang, You Jia Li, Matthew J. Dejong

Physics and Engineering Science

This paper presents a novel simulation framework for estimating the dynamic response of a full-scale ground-mounted solar panel array under stationary wind loads that are spatially correlated across the length of the solar panel array. Specifically, the framework uses mean pressure coefficient distributions along the length of a 1:10 prototype scale of the solar panel array from smooth inflow derived using the computational fluid dynamics (CFD) simulation software The Wind Engineering with Uncertainty Quantification (WE-UQ). Note that for the CFD simulation, the input wind field across the length of the solar panel array is uniform along the horizontal direction, and …


You Can't Kill The Beat: Cult Musicals, Alexis T. Kinsey Jan 2026

You Can't Kill The Beat: Cult Musicals, Alexis T. Kinsey

SPARK Symposium Presentations

You Can't Kill the Beat: Cult Musicals

This paper examines how certain musicals achieve lasting popularity despite initial failure, in the eyes of critics, by developing cult followings. Drawing on theories of camp aesthetics and fandom, this paper explores how exaggerated, unconventional, and "campy" elements, often rejected by critics, become the qualities that attract niche audiences. Using examples of certain musicals, such as The Rocky Horror Picture Show, Ride the Cyclone, Heathers, and Carrie, I argue that cult musicals survive and thrive because audiences actively participate in sustaining them. The revival of shows through social media illustrates how digital fandoms …


Due Process And Press Credentialing, Nicole J. Ligon Jan 2026

Due Process And Press Credentialing, Nicole J. Ligon

Scholarly Works

Government-issued press credentials increasingly determine which journalists may access public officials, attend government events, and report from restricted spaces. Yet the legal frameworks governing these credentials remain underdeveloped, discretionary, and structurally vulnerable to abuse. This Article examines the constitutional dimensions of press credentialing through the lens of procedural due process. It is the first law review article to consider whether press credentials give rise to protected liberty or property interests under the Fifth and Fourteenth Amendments, such that denial or revocation requires due process.

Drawing on analogies to professional licensing regimes and recent litigation involving credentialing disputes, this Article maps …


Altered Natural Killer Cell Function In Children With Severe Malaria, Grace Turyasingura, Kagan A. Mellencamp, Ruth Namazzi, Robert Opoka, Chandy C. John, Geoffrey T. Hart Jan 2026

Altered Natural Killer Cell Function In Children With Severe Malaria, Grace Turyasingura, Kagan A. Mellencamp, Ruth Namazzi, Robert Opoka, Chandy C. John, Geoffrey T. Hart

Paediatrics and Child Health, East Africa

Memory-like natural killer (NK) cells with enhanced antibody-dependent cellular cytotoxicity (ADCC) have correlated with protection from uncomplicated malaria in prior studies. However, the role of NK cells in severe malaria (SM) has not been characterized. In Ugandan sites with moderate and low malaria transmission, we evaluated NK cell (CD56bright, CD56dim, CD56neg) phenotype and ADCC function by flow cytometry in children < 5 years of age with SM (n = 21) and control community children (CC, n = 19). Children with SM had similar total NK cell counts to CC. Children with SM had a higher proportion of LILRB1+ NK cells than CC. The level of malaria transmission …