Social and Behavioral Sciences Commons^™

Mapping For Accountability: Decolonizing Land Acknowledgment Initiatives, Salma Monani, Sarah E. Gilsoul

Environmental Studies Faculty Publications

What does it mean to map Indigenous presence onto lands that have been appropriated by settler colonial nation states? This chapter examines the challenges and potentials of re-inscribing Indigenous land relations through a digital mapping project, Indigenous Pennsylvania: Past, Present and Future. Situating itself within the growing scholarship of Indigenous cartographies, the chapter presents Indigenous Pennsylvania as an example of d-ecomedia, a shorthand we offer for ecomedia projects that foreground decolonial methodologies. Such methodologies prompt us to attend to a storied sense of Indigenous place-based relations through attention to Indigenous spatial and temporal modes of mediation.

‘It’S Like Flipping A Switch’: Understanding The Challenges, Expectations, And Identity Of High School Wrestlers, Aubree Herman

Theses and Dissertations--Communication

This study aims to understand the challenges and expectations of high school wrestlers, and how they are managing their social identities within the parameters of the sport. The rise of female wrestlers within the last decade and the hegemonic masculine roots of the sport show how imperative it is that research shed light into the unique experiences of high school wrestlers. Social identity theory was used as a theoretical framework and participants answered interview questions that discussed the three components of their social identity (i.e., cognitive, affective, and evaluative). They also identified challenges that they faced, the kind of expectations …

And The Survey Says ... A Qualitative Exploration Of Structurational Divergence From The Perspectives Of Nurse Managers Who Are Accountable For Patient Experience Measures, Lisa Carpenter Huddleston

Theses and Dissertations--Communication

For more than a decade, hospital leaders have focused on boosting patient experience scores as part of the federal government’s value-based purchasing (VBP) program. Hospitals that receive federal financial assistance (such as Medicare) are mandated to participate in the Hospital Consumer Assessment of Healthcare Providers and Systems (HCAHPS), a standardized survey that measures patients’ perceptions of their care. Results are publicly reported, and hospitals may be penalized on their reimbursements if they do not reach established benchmarks for patient experience. However, much debate has occurred about whether VBP has increased the quality of healthcare and whether the HCAHPS is an …

Public Ownership And The Wto In A Post Covid-19 Era: From Trade Disputes To A 'Social' Function, Paolo Davide Farah, Davide Zoppolato

Articles

Public ownership is closely bound to the need of the government to protect and guarantee the well-being of its citizens. Where the market cannot, or does not want to, provide goods and services, the State uses different tools to intervene, influence, and control some aspects of the private sphere of expression of its citizens in the name and interest of the collectivity. Although, in the past century, this behavior was accepted as one of the expressions of the public authority and part of the social contract, this perception has shifted partially in accordance with the wave of privatization programs initiated …

Affirmatively Furthering Health Equity, Mary Crossley

Articles

Pervasive health disparities in the United States undermine both public health and social cohesion. Because of the enormity of the health care sector, government action, standing alone, is limited in its power to remedy health disparities. This Article proposes a novel approach to distributing responsibility for promoting health equity broadly among public and private actors in the health care sector. Specifically, it recommends that the Department of Health and Human Services issue guidance articulating an obligation on the part of all recipients of federal health care funding to act affirmatively to advance health equity. The Fair Housing Act’s requirement that …

When John Locke Meets Lao Tzu: The Relationship Between Intellectual Property, Biodiversity And Indigenous Knowledge And The Implications For Food Security, Paolo Davide Farah, Marek Prityi

Articles

This article aims to examine the relationship between the concepts of intellectual property, biodiversity, and indigenous knowledge from the perspective of food security and farmers’ rights. Even though these concepts are interdependent and interrelated, they are in a state of conflict due to their inherently enshrined differences. Intellectual property is based on the need of protecting individual property rights in the context of creations of their minds. On the other hand, the concepts of biodiversity, indigenous knowledge and farmers’ rights accentuate the aspects of equity and community. This article aims to analyse and critically assess the respective legal framework and …

Response By Tax-Exempt Organization Scholars To Request For Information, Ellen P. Aprill, Roger Colinvaux, Brian D. Galle, Philip Hackney, Lloyd Hitoshi Mayer

Articles

A group of academics who study and write about tax-exempt organizations, including their politically related activities, has responded to an August 14, 2023 Request for Information (RFI) from the Ways and Means Committee regarding issues in connection with the advocacy activities of tax-exempt organizations. The submission describes aspects of current law and provides an appendix with a list of the authors’ relevant scholarly work. As a preliminary matter, the submission emphasizes the importance of the voice of tax-exempt organizations to a well-functioning civil society and democracy. The submission also notes that in no case do the laws applicable to tax-exempt …

Consumers’ Preferences And Willingness To Pay For Value-Added Dairy Products In Kentucky - Considering Price, Provenance, And Environmental Product Attributes, Favour E. Esene

Theses and Dissertations--Agricultural Economics

Many medium and smaller dairies are shifting to various kinds of value-added products that may expand in demand nationally aside from fluid milk. This study uses a latent class logit model to investigate the heterogeneity of consumer preferences and willingness to pay for dairy value-added products across four latent classes considering different local and environmental sustainability labels. The dairy products examined for this research are butter, cheese, yogurt, and ice cream. This research revealed that younger consumers, especially those that reside in rural areas, always pay attention to product attributes when they shop for dairy products, mostly the local state …

Wwu Spring Block Assistant, Zoe Harper

College of the Environment Internship Reports

The best way that I can describe Spring Block is as a knowledge exchange, even that term barely does it justice. I’ve spent the past two quarters preparing for, and helping my peers prepare for a field school on John’s Island, W̱ ȾÁEMEṈ, in cooperation with both the Lummi and W̱ SÁNEĆ nations. In preparation students and faculty created a curriculum that included not only lessons, but risk management protocol, housing accommodations, schedules and food plans for each of the trips. The final product of these months of preparation was a four day experience that is almost beyond words,

Orange County Coastkeeper Environmental Communications Intern, Sofia Neros

College of the Environment Internship Reports

Throughout Winter and Spring quarters of 2023, I worked remotely as a communications intern for Orange County Coastkeeper. Orange County Coastkeeper is a nonprofit based out of Costa Mesa, California that centers around the Southern California ecosystem and educates the community about local conservation efforts via lessons and beach cleanups. I worked with a small team on a series of videos meant to educate the public on the Santa Ana River watershed. The main questions that went into the production of these videos are, what are the most important topics the public should know, and what is the best voice …

Vacatur, Nationwide Injunctions, And The Evolving Apa, Ronald M. Levin

Scholarship@WashULaw

The courts’ growing use of universal or nationwide injunctions to invalidate agency rules that they find to be unlawful has given rise to concern that such injunctions circumvent dialogue among the circuits, promote forum-shopping, and leave too much power in the hands of individual judges. Some scholars, joined by the Department of Justice, have argued that such judicial decisions should be limited through restrictive interpretations of the Administrative Procedure Act (APA).

This article takes issue with these authorities. It argues that the courts’ use of the APA to vacate a rule as a whole—as opposed to merely enjoining application of …

The Association Between Sociodemographic Risk, Parental Substance Use, And Child Emotion Regulation Capabilities, Lydia Fay Bierce

Dissertations, Theses, and Masters Projects

Emotion regulation, defined as the ability to modulate one’s emotional experiences in order to navigate social interactions successfully and attain goals, has been associated with social competence, adjustment, and resilience during early childhood and beyond. Family-level risk factors have been linked to differences in emerging emotion regulation skills, measured at both the behavioral and physiological level. The current study investigated two familial risk factors, sociodemographic risk and parental substance use, as predictors of toddlers’ emotion regulation. Participants were 117 parent-toddler dyads recruited across a range of sociodemographic risk. Dyads completed a structured series of parent-child interaction tasks, including a resting …

Fairness Opinions And Spac Reform, Andrew F. Tuch

Scholarship@WashULaw

Under the emerging regulatory framework for special purpose acquisition companies (SPACs), mergers of SPACs, known as de-SPACs, must be “fair” to public (or unaffiliated) SPAC shareholders, and transaction participants face heightened liability risk for disclosure errors. This framework is a product of the SEC’s reform proposal for SPACs (SPAC Reform Proposal) and recent decisions of the Delaware Court of Chancery. In this environment, third-party fairness opinions have been regarded as a de facto requirement for de-SPACs.

Industry Groups In International Governance: A Framework For Reform, Melinda (M.J.) Durkee

Scholarship@WashULaw

The Sustainable Development Goals and the UN Guiding Principles on Business and Human Rights encourage engaging with businesses as partners in important global governance agendas. Indeed, many international organizations are now partnering with business groups to secure funding and private sector engagement. At the same time, reforms at the World Health Organization, Food and Agriculture Organization and others seek to restrain the dangers of mission distortion and capture by business groups. Shareholders at major multinational oil and gas companies also recognize these dangers and seek to rein in lobbying that is at odds with the goals of the Paris Climate …

The Unabridged Fifteenth Amendment, Travis Crum

Scholarship@WashULaw

In the legal histories of Reconstruction, the Fifteenth Amendment’s drafting and ratification is an afterthought compared to the Fourteenth Amendment. This oversight is perplexing given that the Fifteenth Amendment ushered in a brief period of multi-racial democracy and laid the constitutional foundation for the Voting Rights Act of 1965. This Article helps to complete the historical record and provides a thorough accounting of the Fifteenth Amendment’s text, history, and purpose.

This Article situates the Fifteenth Amendment within the broad array of constitutional provisions, federal statutes, fundamental conditions, and state laws that enfranchised—and disenfranchised—Black men during Reconstruction. This Article then performs …

Becoming The Administrator-In-Chief: Myers And The Progressive Presidency, Andrea Scoseria Katz, Noah A. Roseblum

Scholarship@WashULaw

In a series of recent cases, the Supreme Court has mounted an assault on the administrative state, guided by a particular vision of Article II. According to the Court’s scheme, known as the theory of the unitary executive, all of government’s operations must be housed under one of three branches, with the single head of the executive branch shouldering a unique and personal responsibility for the administration of federal law. The Constitution is thus said to require that the President have expansive authority to supervise or control the government’s many agencies.

Guiding each of the Court’s recent decisions is Myers …

Rethinking Innovation At Fda, Rachel Sachs, W. Nicholson Price Ii, Patricia J. Zettler

Scholarship@WashULaw

In several controversial drug approval decisions in recent years, the Food & Drug Administration (FDA) has publicly justified its decision partly on the ground that approving the drugs in question would support innovation in those fields going forward. To some observers, these arguments were surprising, as the agency’s determination whether a drug is “safe” and “effective” does not seem to depend on whether its approval also supports innovation. But FDA’s use of these innovation arguments in drug approval decisions is just one example of the ways in which the agency has come to make many innovation-related judgments as part of …

Reflections On “Personal Responsibility” After Covid And Dobbs: Doubling Down On Privacy, Susan Frelich Appleton, Laura A. Rosenbury

Scholarship@WashULaw

This essay uses lenses of gender, race, marriage, and work to trace understandings of “personal responsibility” in laws, policies, and conversations about public support in the United States over three time periods: (I) the pre-COVID era, from the beginning of the American “welfare state” through the start of the Trump administration; (II) the pandemic years; and (III) the present post-pandemic period. We sought to explore the possibility that COVID and the assistance programs it inspired might have reshaped the notion of personal responsibility and unsettled assumptions about privacy and dependency. In fact, a mixed picture emerges. On the one hand, …

Punishment Externalities And The Prison Tax, Sheldon Evans

Scholarship@WashULaw

Punishment as a social institution has failed to live up to the quixotic ideals of theory and has descended into the practice of mass incarceration, which is one of the defining failures of this generation. Scholars have traditionally studied punishment and incarceration as parts of a social transaction between the criminal offender, whose crime imposes a cost to society, and the state that ensures the offender repays this debt by correcting past harms and preventing future offenses. But if crime has a cost that must be repaid by the offender, punishment also has a cost that must be repaid by …

Privatizing International Governance, Melinda (M.J.) Durkee

Scholarship@WashULaw

Public-private partnerships of all kinds are increasingly common in the international system. Since United Nations Secretary-General Kofi Annan’s launch of the Global Compact in 2000, the United Nations has increasingly opened up to business entities. Now, the Sustainable Development Goals, the Global Compact, and the Guiding Principles on Business and Human Rights all encourage engaging with business entities as partners in developing and executing global governance agendas. These partnerships are seen by some as indispensable to sustainable development, international business regulation, climate change mitigation, and other global governance agendas. At the same time, UN climate change bodies have been criticized …

Fourth Amendment Notice In The Cloud, Neil M. Richards, Jesse Lieberfeld

Scholarship@WashULaw

The widespread storage of documents through the range of Internet technologies known as “the cloud” offers tremendous convenience but also creates significant risks of exposure to third parties. In particular, law enforcement investigators seeking access to potentially relevant evidence have aggressively and extensively used the Electronic Communications Act of 1986 (“ECPA”) to execute digital searches. But a relatively obscure provision of ECPA, § 2703, allows law enforcement to search a person’s Fourth Amendment “papers” without them ever learning that a warrant has allowed the exposure of their private, sensitive, and possibly incriminating documents. What is more, federal and state law …

After The Criminal Justice System, Benjamin Levin

Scholarship@WashULaw

Since the 1960s, the “criminal justice system” has operated as the common label for a vast web of actors and institutions. But, as critiques of mass incarceration have entered the mainstream, academics, activists, and advocates increasingly have stopped referring to the “criminal justice system.” Instead, they have opted for critical labels—the criminal legal system, the criminal punishment system, the prison industrial complex, etc. What does this re-labeling accomplish? Does this change in language matter to broader efforts at criminal justice reform or abolition? Or, does an emphasis on labels and language distract from substantive engagement with the injustices of contemporary …

Space Law As Twenty-First Century International Law, Melinda (M.J.) Durkee

Scholarship@WashULaw

Space law’s current moment reflects international law’s current moment. That is, lawmaking processes aimed at updating international space law for the commercial space age reveal three larger themes about international lawmaking in the twenty-first century. These themes are: (a) evolutive lawmaking efforts by states; (b) the parallel development of laws in different fora by different actors; and (c) interpretive entrepreneurship by private actors. The themes are interrelated. They offer one story—but not the only possible story—about how international law develops when multilateral cooperation is out of reach. Together, the themes forecast a more pluralist international legal future, demanding new forms …

The Pledging World Order, Melinda (M.J.) Durkee

Scholarship@WashULaw

There is an emerging world order characterized by unilateral pledges within a legal or “legal-ish” architecture of commitments. The pledging world order has materialized in the international legal response to climate change and in other diverse sites. It crosses and blurs the public-private divide. It erodes distinctions between multilateralism and localism, law and not-law, and progress and stasis. It is both a symptom of and a contributor to the dismantling of the Westphalian and postwar orders. Its report card is mixed: While pledging can be highly ineffective as a legal technology, the pledging world order may respond to some legitimacy …

Comments Of The Cordell Institute On Ai Accountability, Neil M. Richards, Woodrow Hartzog, Jordan Francis

Scholarship@WashULaw

These comments are a response to the National Telecommunications and Information Administration's 2023 request for comment on AI accountability (AI Accountability RFC, NTIA–2023–0005).

Responding to NTIA’s recent inquiry into AI assurance and accountability, we offer two main arguments regarding the importance of substantive legal protections. First, a myopic focus on concepts of transparency, bias mitigation, and ethics (for which procedural compliance efforts such as audits, assessments, and certifications are proxies) is insufficient when it comes to the design and implementation of accountable AI systems. We call rules built around transparency and bias mitigation “AI half-measures,” because they provide the appearance …

A Concrete Proposal For Data Loyalty, Neil M. Richards, Woodrow Hartzog, Jordan Francis

Scholarship@WashULaw

Congress and state legislators are finally experimenting with new privacy frameworks, rights, and duties to move past the thoroughly critiqued “notice and choice” model for data privacy. While many new privacy proposals seek a more fortified version of the fair information practices, some legislators have placed a duty of data loyalty at the heart of their proposed privacy bills. This is important because a duty of data loyalty has the potential to anchor American privacy law in a way analogous to how the European Union approach is grounded in fundamental rights of privacy and data protection.

Unfortunately, there remains some …

A Qualitative Study Of Understanding Female Navy Veterans’ Experiences With Representation And Inclusion In The U.S. Military, Antwanisha K. Williamson

University of the Pacific Theses and Dissertations

Research about women in the military helps to address the ongoing concerns about the lack of inclusion of female perspectives, which contributes to oppressive power dynamics and lack of women’s representation in practice, policy, and procedures. The problem this dissertation addressed is the lack of representation and inclusion of female perspectives regarding power and privilege that affect military practices, policies, and procedures. The purpose of this qualitative study was to understand female Navy veterans’ experiences with representation and inclusion in military practices, policies, and procedures. Applying a larger conceptual framing using radical feminism, liberal feminism, and critical theory helped to …

Analyzing Media Representations Of Rape Investigations And Interrogating The Representation Of Victim Blaming And Rape Myths: A Feminist Rhetorical Critique On The Netflix Limited Series Unbelievable, Kelly N. Hutchison

University of the Pacific Theses and Dissertations

The problematic portrayals of rape investigations in televised media reify a culture ofvictim blaming and perpetuate an ideology that is harmful to victims and survivors. This thesis utilizes a feminist rhetorical critique to analyze the gender and socioeconomic representations of rape victims and rape investigators, in the Netflix limit series Unbelievable, to understand the problems in their portrayals. In a world where individuals are consuming media constantly, it is important to be critical of media representations because even seemingly progressive media representations may perpetuate harmful stereotypes.

Down The Bay Oral History Project Newsletter - Spring 2023, Center For Archaeological Studies, Mccall Library

Down the Bay Oral History Project Newsletter

Public newsletter sharing information about progress and discoveries during the ongoing Down The Bay Project.

Down The Bay Oral History Project Newsletter - Summer 2023, Center For Archaeological Studies, Mccall Library

Down the Bay Oral History Project Newsletter

Public newsletter sharing information about progress and discoveries during the ongoing Down The Bay Project.