Digital Commons Network^™

Two Decades Of Laws And Practice Around Screen Scraping In The Common Law World And Its Open Banking Watershed Moment, Han-Wei Liu

Washington International Law Journal

Screen scraping—a technique using an agent to collect, parse, and organize data from the web in an automated manner—has found countless applications over the past two decades. It is now employed everywhere, from targeted advertising, price aggregation, budgeting apps, website preservation, academic research, and journalism, to name a few. However, this tool has raised enormous controversy in the age of big data. This article takes a comparative law approach to explore two sets of analytical issues in three common law jurisdictions, the United States, the United Kingdom, and Australia. As the first step, this article maps out the trajectory of …

Black Vulture Conflict And Management In The United States: Damage Trends, Management Overview, And Research Needs, Bryan M. Kluever, Morgan B. Pfeiffer, Scott C. Barras, Brett G. Dunlap, Lee A. Humberg

Human–Wildlife Interactions

Contrary to rapid declines of many vulture (Accipitridae, Cathartidea) species worldwide, black vulture (Coragyps atratus) populations are increasing and expanding their range in North America. Vultures exhibit complex behaviors and can adapt to any human-dominated landscape or land use. These traits, combined with population growth and range expansion, have contributed to increased human–vulture conflicts. Our goal was to summarize the current status and trends in human–black vulture conflicts (hereafter human–vulture conflicts), review available management strategies, identify knowledge gaps, and provide recommendations to enhance management and understanding of this species and the associated conflicts. We found human–vulture conflicts are …

Democracy, Neoliberalism, And School Choice: A Comparative Analysis Of India And The United States, Eddie Boucher

Journal of Global Education and Research

India and the United States are the largest democracies in the world, and since the 1990s, both countries have implemented neoliberal economic reforms into most of their social institutions—including their education systems. Even though both countries have long-established commitments to public education as a means for socio-economic equitability for all citizens, in the wake of neoliberal reforms both countries have made significant moves to privatize education. The justification for school privatization was based on policies that redefined democracy in economic terms, and the result is a very undemocratic marginalization for the majority of students who do not have the means …

Increasing Antibiotic Resistance In Shigella Bacteria In The United States, William J. Pharr

The Corinthian

Shigella bacteria cause half a million infections, 6,000 hospitalizations, and 70 deaths annually in the United States. These bacteria are of particular concern due to their high survivability, low infectious dose, and high adaptability. Cases of shigellosis from Shigella sonnei are becoming a more prevalent issue in the U.S. as the bacteria continues to develop higher resistance to today’s strongest antibiotics. Much of this resistance is connected to the exchange of genes between strains of Shigella due to insertion sequences (IS), intercontinental travel, and men who have sex with men (MSM). As a result of increased resistance, the use of …

Detachment Faults In The Southwestern United States: Evidence For A Short And Catastrophic Tertiary Period, Scott H. Rugg

Proceedings of the International Conference on Creationism

Low-angle mid-Tertiary detachment faults (gravity slides) within the southwestern United States are best understood as developing very rapidly (years) within a catastrophic framework. This is supported by the example of modern and ancient gravity slides which occur very rapidly (within seconds, minutes, or days) and are usually initiated by catastrophic events such as earthquakes. Evolutionists believe that detachment faulting and related geologic events occurred over a period of 10 to 20 million years. However, the basic principles of rock mechanics reveal that upper-plate movement is impossible under docile uniformitarian conditions. Movement was assisted by large and frequent earthquakes which provided …

Pa, Ma, And Fa: Private Lives Of Nineteenth-Century American Vincentians, John E. Rybolt C.M., Ph.D.

Vincentian Heritage Journal

John Rybolt summarizes the correspondence written by nine Vincentians to members of the prominent Willcox family of Ivy Mills, Pennsylvania. As Rybolt explains, “These letters offer probably the only surviving glimpse of the private lives and thoughts of American Vincentians in the mid-nineteenth century.” The Vincentians and the Willcoxes were close: the Vincentians called their main correspondent, Mary Willcox, Ma and her husband Pa. One of the Vincentians referred to himself as Fa. The priests helped Ma with her spiritual development, and she and her family were surrogates for the families the Vincentians had left behind in Europe. All the …

Bishop John Timon, C.M., Sisters Of Charity Hospital, And The Cholera Epidemic Of 1849, Dennis Castillo Ph.D.

Vincentian Heritage Journal

When Bishop John Timon arrived in Buffalo, New York, he saw an urgent need for a hospital, especially because the city had a large population of immigrants and other working poor who could not afford medical care. The attempts of some Buffalo physicians to establish a hospital had been staunchly opposed by their colleagues for seven years. Bishop Timon and the Sisters of Charity were able to start their hospital in three months. Bishop Timon chose the sisters for their health care experience and because many of the sisters were immigrants themselves, which would put their patients at ease. The …

Interpretation Of Pathological Arbitration Agreements: Non-Existing And Inaccessible Elements, Morten Frank

Pepperdine Dispute Resolution Law Journal

In the following, I will initially present the terminological and analytical framework for handling pathological arbitration agreements (Part II). Against this background, I will analyze case law from USA (Part III), Singapore and Hong Kong (Part IV), and England (Part V) in order to establish under which circumstances Solution 1, Solution 2 and Solution 3 apply in respect of arbitration agreements containing non-existing and inaccessible elements. Finally, Part VI considers an adjoining—although fundamentally different—interpretation situation across jurisdictions. Part VII provides a summary as well as concluding remarks on the drafting of arbitration agreements.

Talking Foreign Policy: The U.S.--Iran Crisis, Tfp Radio Broadcast (Jan. 20, 2020)

The International Journal of Ethical Leadership

No abstract provided.

Monetary Policy And Income Inequality In The United States And Spain, Brooke Whetstone

ELAIA

Background Contractionary monetary policy has long-term effects on inequality (Feldkircher & Kakamu, 2018). However, other forms of monetary policy do not have a clear effect on income inequality. Central banks defend the position that other factors are the driving forces behind income inequality (Powell, 2018).

Methodology This investigation utilized ANOVA regression analysis to determine if income inequality, as measured by wage growth by sector, is related to interest rates in the United States and Spain. If applicable, slopes of the regression lines for each sector were compared to see if they were significantly different in a statistical sense.

Results At …

Defending Democracy: Taking Stock Of The Global Fight Against Digital Repression, Disinformation, And Election Insecurity, Scott J. Shackelford, Angie Raymond, Abbey Stemler, Cyanne Loyle

Washington and Lee Law Review

Amidst the regular drumbeat of reports about Russian attempts to undermine U.S. democratic institutions from Twitter bots to cyber-attacks on Congressional candidates, it is easy to forget that the problem of election security is not isolated to the United States and extends far beyond safeguarding insecure voting machines. Consider Australia, which has long been grappling with repeated Chinese attempts to interfere with its political system. Yet Australia has taken a distinct approach in how it has sought to protect its democratic institutions, including reclassifying its political parties as “critical infrastructure,” a step that the U.S. government has yet to take …

Modern Military Weaponry And (Un)Sustainable Treatment Of The Environment, Melanie Siacotos

The Commons: Puget Sound Journal of Politics

An often ignored aspect of environmental degradation in the modern age is military pollution. How has the military impacted environmental health over time, from ancient Rome to the Marshall Islands? This paper compares and contrasts types of environmental degradation, like chemical warfare and deforestation, and attempts to lay out the steep increase in their negative impact following industrialization in the west entering into the 20th century. The paper concludes that a different understanding of human relationship with the earth is necessary to combat environmental degradation going forward.

Imagining The Future Of Medicine Through A Lens Of Prejudice: Lessons From The American Past, Neil Nusbaum

Journal of Health Disparities Research and Practice

Many healthcare management decisions today, such as those about facility construction, will have impact even decades beyond the traditional 5 or 10 year planning horizon. In order to get some idea of the possibilities and challenges of today’s long range forecasts in healthcare, it is instructive to look at how well similar efforts fared a century ago. Looking in retrospect now, the task of prognostication then was impeded in part by a failure of vision due to prejudicial attitudes of the era.

Uber Case, Competition Law Implications In Europe And Latin America: Defenders Of The Old Economy Versus Advocates Of The Digital Revolution, Lavinia Meliti

ILSA Journal of International & Comparative Law

No abstract provided.

Drones Have Arrived, With New Opportunities And Challenges: A Comparative Approach To Regulations Governing The Operations Of Unmanned Aerial Vehicles In The United States, Italy, Costa Rica, United Arab Emirates, Canada, Nicaragua, Spain, And Saudi Arabia, Jose M. Canaura

ILSA Journal of International & Comparative Law

No abstract provided.

Racial Justice And Decriminalization Of Prostitution: No Protection For Women Of Color, Janice G. Raymond

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Reflections On Globalization From Behind The Closed Quarantined Door, Andrzej Sankowski

Journal of Global Awareness

There are opinions that coronavirus will cause the end of globalization. Using examples of the European Union’s and the United States’ reaction to the pandemic crisis and other factors, this essay argues that the coronavirus will not destroy globalization but transform it into another form. This essay identifies some evolving trends and indicators triggering certain processes and suggests directions and solutions that seem to be emerging. Conditions before and reactions to the pandemic are influencing the process and the outcomes.

The Use Of Legal Mechanisms To Provide For Affordable Housing In England And The United States, Edward Sullivan, Robert Williams

Journal of Comparative Urban Law and Policy

No abstract provided.

Municipal Bonds In Three Countries: India, South Africa And The United States, Matt Glasser

Journal of Comparative Urban Law and Policy

No abstract provided.

Lending A Helping Hand: Dollar Diplomacy In Latin America, Rachel Hollenbeck

Undergraduate Research Journal

“Lending a Helping Hand: Dollar Diplomacy in Latin America” examines Dollar Diplomacy as a U.S. foreign policy during the Taft Administration, including the context and previous policies related to Dollar Diplomacy and the success and breakdown of Dollar Diplomacy in Latin America. An explanation of Dollar Diplomacy and the reasons behind implementing the policy are also a part of this study. This paper reveals an aspect of U.S. and Latin American relations that still affects foreign affairs today. While the intentions in creating Dollar Diplomacy were a mixture of good and bad and the hopes for a successful and profitable …

Multilateralism, Pushback, And Prospects For Global Engagement?, Michael Donald Kirby The Honourable

Indiana Journal of Global Legal Studies

In this article, the author draws on long engagement with multilateralism, both in domestic jurisdiction and international institutions. He describes the growth of post-War United Nations activities and the increasing impact of international law, including on universal human rights. He records international initiatives on global problems like HI V/AIDS and in individual countries, such as Cambodia and North Korea. He then describes recent examples of '"pushback" against multilateralism, especially on the part of the United States, the United Kingdom, some European countries, and Australia. He concludes with illustrations and reasons why the global community should remain optimistic about multilateralism, despite …

Passport To Plastics: Cosmetic Surgery Tourism, Medical Malpractice, And The Automatic Establishment Of Personal Jurisdiction By Way Of The Joint Commission International, Elizabeth Astrup

Indiana Journal of Global Legal Studies

For centuries, tourists have visited lands near and far in search of experiences unavailable in their home countries. From golfing the best courses in the world, to yoga retreats in remote locations, many tourist activities provide experiential opportunities along with health and wellness benefits. Currently, an increasing number of individuals are opting to cross international borders to receive medical treatments, often at reduced costs. While many scholars use the term health tourism to encompass all health and wellness travel purposes, this note uses the term medical tourism to distinguish tourism for the specific purpose of medical treatments or procedures. Medical …

Is There A Relationship Between The Number Of Female Students Who Were Cyberbullied And The Number Of Female Students Who Seriously Considered Attempting Suicide?, Wayne L. Davis

Lincoln Memorial University Journal of Humanities and Social Sciences

In the United States, cyberbullying has become a major public health concern. Indeed, many people who are victims of cyberbullying consider harming themselves. Because criminal justice practitioners are concerned with public safety, this is an area worthy of study. The general purpose of this study is to investigate whether there is a correlation between the percentage of female students who were electronically bullied and the percentage of female students who seriously considered suicide. Data were collected in 2011, 2013, 2015, and 2017 using a three-stage cluster sample design, which produced a nationally representative sample of students in grades 9–12 who …

Small Business And Bankruptcy: Recent Changes In Kosovo And The United States Compared, Bruce A. Markell

University of Miami International and Comparative Law Review

United States, small businesses account for 99.7% of all employers, and about 47.3% of private sector employment.1 In the European Union (EU) non-financial business sector, SMEs accounted for 99.8% of all enterprises.2 These enterprises employed almost ninety-eight million people—66.6% of total employment—in the EU.

SMEs are variously defined. In the United States, until recently the definition of an SME was an enterprise that employed less than 500 individuals.4 In the EU, SMEs are defined as businesses which employ less than 250 staff and have an annual turnover of less than €50 million, or whose balance sheet total is less than …

Children's Ombudspersons In The United States, Brian Gran Phd

Societies Without Borders

In the one country whose national government has failed to ratify the UN Convention on the Rights of the Child, offices of children’s ombudspersons have been established across the United States. This essay will describe these offices, their work and independence, and how strengthening these offices will lead to stronger enforcement of children’s rights. This essay will follow up on a proposal Howard Davidson of the American Bar Association made to establish a national office of children’s ombudsperson for the United States.

The Changing Face Of Terrorism And The Designation Of Foreign Terrorist Organizations, Patrick J. Keenan

Indiana Law Journal

In this Article, I take up one slice of what should be a broad re-examination of

U.S. law and policy. I argue that the new attacks have been undertaken by entities

that can and should be designated as foreign terrorist organizations. Doing this would

permit prosecutors to target those who support these entities with tools that are not

currently available. This Article is both a doctrinal argument that directly addresses

the many legal hurdles that make designating groups, such as foreign hackers and

troll farms, terrorist organizations a complicated endeavor, and a policy argument

about how U.S. law and policy …

Healthcare Licensing And Liability, Benjamin Mcmichael

Indiana Law Journal

The United States’ affordable care crisis and chronic physician shortage have

required advanced practice registered nurses (APRNs) and physician assistants

(PAs) to assume increasingly important roles in the healthcare system. The increased

use of these nonphysician providers has improved access to healthcare and lowered

the price of care. However, restrictive occupational licensing laws—specifically,

scope-of-practice laws—have limited their ability to care for patients. While these

laws, by themselves, have important implications for the healthcare system, they also

interact with other legal regimes to impact the provision of care. Restrictive scopeof-

practice laws can increase the malpractice liability risk of physicians and …

A War To Save Civilization: African American Soldiers In Britain During The Second World War, Joseph Dickinson

Voces Novae

During the Second World War, thousands of African American servicemen and women were sent to the British Isles as part of the war effort. Their arrival sparked a debate over American racial beliefs and how they would affect society in Britain, with many white Americans quickly finding that the locals were largely disapproving of the systems of segregation and discrimination common in the United States. Conflicts concerning race often escalated into violence between white soldiers, black soldiers, and the British civilians, forcing the American military to reevaluate their stance on discrimination and segregation in the armed forces.

Is There A Difference Between Democrat And Republican States In The Number Of Female Students Who Experienced Cyberbullying?, Wayne Davis

Lincoln Memorial University Journal of Humanities and Social Sciences

In the United States, cyberbullying has become a major public health concern. Because there is a difference between the Democrat Party and the Republican Party on their philosophies involving laws and government interventions related to the control of electronic communications, it is important to know if there is a difference between political partisanship and cyberbullying. Data were collected in 2011, 2013, 2015, and 2017 using a three-stage cluster sample design, which produced a nationally representative sample of students in grades 9–12 who attended public and private schools. Initially, this study employed Poisson regression, which is a parametric statistic, in an …

From Näfels To The United States: Emigrant Portraits From A Town In Switzerland’S Canton Glarus, Susanne Peter-Kubli

Swiss American Historical Society Review

Only a few, and mainly quite confusing, details are available about Feldmann’s life in Näfels and also about the date of his emigration. It derives, in part, from the fact that two people by the same name were living in Näfels. Both were butchers by profession and both had married women by the last name Müller. Checking the marriage and baptismal records of Näfels finally clarified the matter.