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Resilience And Native Girls: A Critique, Addie C. Rolnick Jan 2018

Resilience And Native Girls: A Critique, Addie C. Rolnick

Scholarly Works

The term resilience is often used with reference to Indigenous women and Indigenous youth. Native girls are included in each of these categories but are rarely the main focus of a campaign. Their triple vulnerability (gender, indigeneity, and age), however, means that the focus on resilience is often greatest when applied to them. This Article centers them. It traces the development of resilience in the (non-Native) ecological and psychological literature. Although resilience is used across many different disciplines, it is especially prominent in ecological literature about resilient institutions, such as communities and cities, and in psychological literature about resilient individuals. …


Raps Sheet, January 2018, Retirement Association Of Portland State Jan 2018

Raps Sheet, January 2018, Retirement Association Of Portland State

RAPS Sheet: Monthly Newsletter

No abstract provided.


"Diversity," Anti-Racism, And Decolonizing Service Learning In The Capstone Experience, W. Tracy Dillon, Judy Bluehorse Skelton, Vicki Reitenauer Jan 2018

"Diversity," Anti-Racism, And Decolonizing Service Learning In The Capstone Experience, W. Tracy Dillon, Judy Bluehorse Skelton, Vicki Reitenauer

Women, Gender, and Sexuality Studies Faculty Publications and Presentations

This retrospective on service learning in the development of University Studies Capstones, the senior-level requirement in the University Studies general education program at Portland State University, explores how the original framers of University Studies anticipated the pitfalls of "pedagogies of whiteness" in deploying service learning as the hallmark pedagogical feature of the program; includes a case study of a Capstone course that centers on Indigenous ways of knowing, learning, and teaching through its pedagogy; and identifies the formative presence of Capstone faculty committed to anti-racist and anti-imperialist pedagogies. From a variety of institutional and disciplinary standpoints and through long association …


The New Writs Of Assistance, Ian Samuel Jan 2018

The New Writs Of Assistance, Ian Samuel

Articles by Maurer Faculty

The providers of network services (and the makers of network devices) know an enormous amount about our lives. Because they do, these network intermediaries are being asked with increasing frequency to assist the government in solving crimes or gathering intelligence. Given how much they know about us, if the government can secure the assistance of these intermediaries, it will enjoy a huge increase in its theoretical capacity for surveillance—the ability to learn, in principle, almost anything about anyone. That has the potential to create serious social harm, even assuming that the government continues to adhere to ordinary democratic norms and …


Appointing Lesbian, Gay, Bisexual, Transgender And Queer Judges In The Trump Administration, Carl W. Tobias Jan 2018

Appointing Lesbian, Gay, Bisexual, Transgender And Queer Judges In The Trump Administration, Carl W. Tobias

Law Faculty Publications

President Donald Trump incessantly brags that American citizens selected him to “Make the Judiciary Great Again” and constantly reminds the public that the huge number of federal jurists whom Trump has appointed will be deciding cases decades after his tenure is over. Trump has rapidly submitted many circuit and district court candidates, but not one of his 123 nominees has been openly lesbian, gay, bisexual, transgender or queer (LGBTQ). The White House has also instituted endeavors, specifically regarding transgender people, which seem discriminatory. Indeed, a third of the judicial nominees whom the President has appointed have compiled anti-LGBTQ records. Because …


The Challenge Of The New Preemption, Richard Briffault Jan 2018

The Challenge Of The New Preemption, Richard Briffault

Faculty Scholarship

The past decade has witnessed the emergence and rapid spread of a new and aggressive form of state preemption of local government action across a wide range of subjects, including among others firearms, workplace conditions, sanctuary cities, antidiscrimination laws, and environmental and public health regulation. Particularly striking are punitive measures that do not just preempt local measures but also hit local officials or governments with criminal or civil fines, state aid cutoffs, or liability for damages, as well as broad preemption proposals that would virtually end local initiative over a wide range of subjects. The rise of the new preemption …


Charitable Subsidies And Nonprofit Governance: Comparing The Charitable Deduction With The Exemption For Endowment Income, David M. Schizer Jan 2018

Charitable Subsidies And Nonprofit Governance: Comparing The Charitable Deduction With The Exemption For Endowment Income, David M. Schizer

Faculty Scholarship

Charitable subsidies are supposed to encourage positive externalities from charity. In principle, the government can pursue this goal by evaluating specific charitable initiatives and deciding how much each should receive. Although the government sometimes makes this sort of fine-grained judgment, this Article focuses on two income tax rules that leave the government essentially no discretion about which charities to fund: the deduction for donations to charity ("the deduction") and the exemption of a charity's investment income ("the exemption"). With each subsidy, federal dollars flow automatically as long as charities satisfy very general criteria.

As a result, these subsidies are especially …


Preemption And Commandeering Without Congress, Jessica Bulman-Pozen Jan 2018

Preemption And Commandeering Without Congress, Jessica Bulman-Pozen

Faculty Scholarship

In a time of polarization, states may introduce salutary pluralism into an executive-dominated regime. With partisan divisions sidelining Congress, states are at once principal implementers and principal opponents of presidential policies. As polarization makes states more central to national policymaking, however, it also poses new threats to their ability to act. This Essay cautions against recent efforts to preempt state control over state officials and to require states to follow other states’ policies, using sanctuary jurisdictions and the pending federal Concealed Carry Reciprocity Act as examples.


Aggressive Policing And The Educational Performance Of Minority Youth, Joscha Legewie, Jeffrey A. Fagan Jan 2018

Aggressive Policing And The Educational Performance Of Minority Youth, Joscha Legewie, Jeffrey A. Fagan

Faculty Scholarship

An increasing number of minority youth are confronted with the criminal justice system. But how does the expansion of police presence in poor urban communities affect educational outcomes? Previous research points at multiple mechanisms with opposing effects. This article presents the first causal evidence of the impact of aggressive policing on the educational performance of minority youth. Under Operation Impact, the New York Police Department (NYPD) saturated high crime areas with additional police officers with the mission to engage in aggressive, order maintenance policing. To estimate the effect, we use administrative data from about 250,000 adolescents aged 9 to 15 …


Fiscal Pressures And Discriminatory Policing: Evidence From Traffic Stops In Missouri, Allison P. Harris, Elliott Ash, Jeffrey A. Fagan Jan 2018

Fiscal Pressures And Discriminatory Policing: Evidence From Traffic Stops In Missouri, Allison P. Harris, Elliott Ash, Jeffrey A. Fagan

Faculty Scholarship

This paper provides evidence of racial variation in traffic enforcement responses to local government budget stress using data from policing agencies in the state of Missouri from 2001 through 2012. Like previous studies, we find that local budget stress is associated with higher citation rates; we also find an increase in traffic-stop arrest rates. However, we find that these effects are concentrated among White (rather than Black or Latino) drivers. The results are robust to the inclusion of a range of covariates and a variety of model specifications, including a regression discontinuity examining bare budget shortfalls. Considering potential mechanisms, we …


The Legal Risks Of Big Data Policing, Andrew Guthrie Ferguson Jan 2018

The Legal Risks Of Big Data Policing, Andrew Guthrie Ferguson

Scholarly Articles in Law Reviews & Journals

No abstract provided.


The Relationship Of Injury And Cardiorespiratory Fitness And Effective Cardiopulmonary Resuscitation In Firefighters, Shelby Nicole Conard Jan 2018

The Relationship Of Injury And Cardiorespiratory Fitness And Effective Cardiopulmonary Resuscitation In Firefighters, Shelby Nicole Conard

Health Nutrition and Exercise Science

Quality cardiopulmonary resuscitation (CPR) is an essential component in cardiac arrest survival. Research indicates that a first responder’s performance is generally inadequate due to many factors including fatigue or distractions. One factor that has not been studied is prior musculoskeletal injuries. This study aims to determine if a correlation exists between firefighter’s CPR performance, fatigue, and prior musculoskeletal injuries. Twenty-nine urban firefighters participated. Researchers were supplied with basic demographics and a self-reported musculoskeletal injury history through secondary injury questionnaires. Participants performed five rounds of single-rescuer CPR followed by a graded exercise test (GXT), then another set of five rounds of …


Building A Predictive Model On State Of Good Repair By Machine Learning Algorithm On Public Transportation Rolling Stock, Dilip Mistry Jan 2018

Building A Predictive Model On State Of Good Repair By Machine Learning Algorithm On Public Transportation Rolling Stock, Dilip Mistry

Transportation Logistics and Finance

Achieving and maintaining public transportation rolling stocks in a state of good repair is very crucial to provide safe and reliable services to riders. Besides, transit agencies who seek federal grants must keep their transit assets in a state of good repair. Therefore, transit agencies need an intelligent predictive model for analyzing their transportation rolling stocks, finding out the current condition, and predicting when they need to be replaced or rehabilitated. Since many transit agencies do not have good analytical tools for predicting the service life of vehicles, this simple predictive model would be a valuable resource for their state …


Exploring The Community Impact Of Community-University Partnerships, Stacey D. Muse Jan 2018

Exploring The Community Impact Of Community-University Partnerships, Stacey D. Muse

Electronic Theses and Dissertations

The field and movement of community engagement in higher education is one way for institutions of higher education to fulfill the public good mission. Community engagement practices have shifted to valuing democratically engaged partnerships between the community and campus (Saltmarsh, Hartley, & Clayton, 2009). However, the research on community engagement reveals a lack of understanding of community voice and perspective on if and how community-campus partnerships make a difference for community-based organizations partnered with institutions of higher education. This embedded case study begins to fill these gaps in the literature by examining the voice and perspective of community-based organizations partnered …


Monetizing Shame: Mugshots, Privacy, And The Right To Access, Eumi K. Lee Jan 2018

Monetizing Shame: Mugshots, Privacy, And The Right To Access, Eumi K. Lee

Faculty Scholarship

No abstract provided.


Water-Energy-Food Nexus Stakeholder Information Sharing And Engagement Workshop, Rudolph A. Rosen, Bassel Daher, Rabi Mohtar Jan 2018

Water-Energy-Food Nexus Stakeholder Information Sharing And Engagement Workshop, Rudolph A. Rosen, Bassel Daher, Rabi Mohtar

Water Resources Science and Technology Book and E-Book Publications and Reports (Archived)

On January 10, 2018, the Texas A&M University System Water-Energy-Food Initiative held the Water-Energy-Food Nexus Stakeholder Information Sharing and Engagement Workshop on the campus of Texas A&M University-San Antonio. The workshop involved over 70 stakeholders drawn from the water, energy, and food sectors in San Antonio and surrounding region. Stakeholders attending the workshop heard presentations on the status of San Antonio Case Study pilot projects and other WEF nexus work. Facilitated small-group sessions were held at the workshop to obtain stakeholder input on research questions to be asked, and on limitations and opportunities for stakeholder engagement on WEF nexus-related work …


Leone, Mosticoni, Ianella, Biondi, And Butcher’S (2018) Effort To Compare The Mmpi-2-Rf With The Mmpi-2 Falls Well Short, Yossef S. Ben-Porath, Auke Tellegen Jan 2018

Leone, Mosticoni, Ianella, Biondi, And Butcher’S (2018) Effort To Compare The Mmpi-2-Rf With The Mmpi-2 Falls Well Short, Yossef S. Ben-Porath, Auke Tellegen

Archives of Assessment Psychology

Leone, Mosticoni, Iannella, Biondi, and Butcher’s (2018) comparison of the MMPI-2 and MMPI-2-RF in a clinical sample falls well short of its goals. On the basis of analyses conducted with a sample of patients, the authors conclude that the MMPI-2-RF is less sensitive to psychopathology and is susceptible to gender bias. However, their study fails to meet basic requirements for sound research methodology and reporting of research findings. The findings reported are inconsistent with or contradict the authors’ conclusions, many of which have already been rebutted in previous publications, which they ignored. Leone et al.’s (2018) discussion fails to acknowledge …


Introduction: Troubling Transparency, David E. Pozen, Michael Schudson Jan 2018

Introduction: Troubling Transparency, David E. Pozen, Michael Schudson

Faculty Scholarship

Transparency is a value in the ascendance. Across the globe, the past several decades have witnessed a spectacular explosion of legislative reforms and judicial decisions calling for greater disclosure about the workings of public institutions. Freedom of information laws have proliferated, claims of a constitutional or supra-constitutional "right to know" have become commonplace, and an international transparency lobby has emerged as a civil society powerhouse. Open government is seen today in many quarters as a foundation of, if not synonymous with, good government.

At the same time, a growing number of scholars, advocates, and regulators have begun to raise hard …


Uas Pilots Code – Annotated Version 1.0, Michael S. Baum, Kristine Kiernan, Donald W. Steinman, Ryan J. Wallace Ed.D. Jan 2018

Uas Pilots Code – Annotated Version 1.0, Michael S. Baum, Kristine Kiernan, Donald W. Steinman, Ryan J. Wallace Ed.D.

Publications

The UAS PILOTS CODE (UASPC) offers recommendations to advance flight safety, ground safety, airmanship, and professionalism.6 It presents a vision of excellence for UAS pilots and operators, and includes general guidance for all types of UAS. The UASPC offers broad guidance—a set of values—to help a pilot interpret and apply standards and regulations, and to confront real world challenges to avoid incidents and accidents. It is designed to help UAS pilots develop standard operating procedures (SOPs), effective risk management,7 safety management systems (SMS), and to encourage UAS pilots to consider themselves aviators and participants in the broader aviation community.


A Deadly Pair: Conflicts Of Interest Between Death Investigators And Prosecutors, Ira P. Robbins Jan 2018

A Deadly Pair: Conflicts Of Interest Between Death Investigators And Prosecutors, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

As an inevitable fact of life, death is a mysterious specter looming over us as we move through the world. It consumes our literature, religions, and social dialogues — the death of a prominent figure can change policies and perceptions about our approaches to many problems. Given death’s significance, it is reasonable to try to understand causes of death generally, as well as on a case-by-case basis. While scholars and mourners attempt to answer the philosophical questions about death, the practical and technical questions are typically answered by death investigators. Death investigators attempt to decipher the circumstances surrounding suspicious and …


Equity In Contemporary Immigration Enforcement: Defining Contributions And Countering Criminalization, Jayesh Rathod, Alia Al-Khatib Jan 2018

Equity In Contemporary Immigration Enforcement: Defining Contributions And Countering Criminalization, Jayesh Rathod, Alia Al-Khatib

Scholarly Articles in Law Reviews & Journals

Since the 2016 Presidential election, discussions of immigration policy and enforcement have taken center stage in the public debate. In contrast to the Obama administration, which had articulated specific priorities for removal, the Trump administration has significantly expanded its enforcement targets. Indeed, high-level officials have confirmed that virtually anyone who is in the country without authorization is susceptible to removal. To make its case for enhanced immigration enforcement, the current administration has deployed familiar tropes regarding immigrant criminality and dangerousness. This rhetoric, operationalized through varied structures of criminalization, has shrunk the pool of individuals who can argue against removal, notwithstanding …


Hostos Community College Academic Bulletin 2018-2020, Hostos Community College Jan 2018

Hostos Community College Academic Bulletin 2018-2020, Hostos Community College

College Bulletins

This is the official college catalog for 2018-2020. It contains course descriptions as well as information on degree programs, college resources and services, financial aid, admissions, and the academic calendar.


Free Expression On Campus: Mitigating The Costs Of Contentious Speakers, Suzanne B. Goldberg Jan 2018

Free Expression On Campus: Mitigating The Costs Of Contentious Speakers, Suzanne B. Goldberg

Faculty Scholarship

“If you’re afraid to offend, you can’t be honest.”

“If you offend me, I can’t hear what you’re trying to tell me.”

—overheard on campus

The debate over how colleges and universities should respond to contentious guest speakers on campus is not a new one. A quick look back to the early 1990s, among other times, shows commentators squaring off much as they do today about the tensions between protecting free expression and ensuring meaningful equality.

Perhaps not surprisingly, the issues that contested speakers address are also much the same as they have been for several decades – government action …


Too Big To Supervise: The Rise Of Financial Conglomerates And The Decline Of Discretionary Oversight In Banking, Lev Menand Jan 2018

Too Big To Supervise: The Rise Of Financial Conglomerates And The Decline Of Discretionary Oversight In Banking, Lev Menand

Faculty Scholarship

The authority of government officials to define and elimi­nate “unsafe and unsound” banking practices is one of the oldest and broadest powers in U.S. banking law. But this authority has been neglected in the recent literature, in part because of a movement in the 1990s to convert many supervi­sory judgments about “safety and soundness” into bright-line rules. This movement did not entirely do away with discre­tionary oversight, but it refocused supervisors on compliance, risk management, and governance – in other words, on inter­nal bank processes.

Drawing on the rules versus standards debate, this Arti­cle develops a taxonomy for parsing the …


Life, Liberty, And Trade Secrets: Intellectual Property In The Criminal Justice System, Rebecca Wexler Jan 2018

Life, Liberty, And Trade Secrets: Intellectual Property In The Criminal Justice System, Rebecca Wexler

Faculty Scholarship

The criminal justice system is becoming automated. At every stage, from policing to evidence to parole, machine learning and other computer systems guide outcomes. Widespread debates over the pros and cons of these technologies have overlooked a crucial issue: ownership. Developers often claim that details about how their tools work are trade secrets and refuse to disclose that information to criminal defendants or their attorneys. The introduction of intellectual property claims into the criminal justice system raises undertheorized tensions between life, liberty, and property interests.

This Article offers the first wide-ranging account of trade secret evidence in criminal cases and …


The Intersection Between Young Adult Sentencing And Mass Incarceration, Joshua Gupta-Kagan Jan 2018

The Intersection Between Young Adult Sentencing And Mass Incarceration, Joshua Gupta-Kagan

Faculty Scholarship

This Article connects two growing categories of academic literature and policy reform: arguments for treating young adults in the criminal justice system less severely than older adults because of evidence showing brain development and maturation continue until the mid-twenties; and arguments calling for reducing mass incarceration and identifying various mechanisms to do so. These categories overlap, but research has not previously built in-depth connections between the two.

Connecting the two bodies of literature helps identify and strengthen arguments for reform. First, changing charging, detention, and sentencing practices for young adults is one important tool to reduce mass incarceration. Young adults …


Thwarting Speech On College Campuses, Stephen Wermiel Jan 2018

Thwarting Speech On College Campuses, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda Jan 2018

Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Good Person, Good Prosecutor In 2018, Abbe Smith Jan 2018

Good Person, Good Prosecutor In 2018, Abbe Smith

Georgetown Law Faculty Publications and Other Works

Nearly twenty years ago, I wrote an essay on the ethics of prosecution in a time of mass incarceration called “Can You Be a Good Person and a Good Prosecutor?” I am both pleased and perplexed that the essay, which caused some controversy at the time, continues to strike a chord—at least with the organizers of this online conversation. I appreciate the invitation to weigh in on whether you can be a good person and a good prosecutor in 2018.


Facilities Forum, Georgia Southern University Jan 2018

Facilities Forum, Georgia Southern University

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