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2016

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Full-Text Articles in Law

Access To Communication In United States Prisons: Reducing Recidivism Through Expanded Communication Programs With Inmates, Lilie Gross Dec 2016

Access To Communication In United States Prisons: Reducing Recidivism Through Expanded Communication Programs With Inmates, Lilie Gross

Politics & Government Undergraduate Theses

The need for better communication systems in prisons is dire and will reduce recidivism rates in the United States. Not only is communication via phone lines extremely expensive and corrupt, it is almost impossible. Inmates in United States Prisons need this availability and option to communicate with their families and maintain outside relationships. While maintaining healthy and positive relationships is good for inmate's mental health, it also decreases the risk of recidivism. This paper aims to highlight the benefits of phone communication and relationships between inmates and family on the outside for it will decrease the 50% recidivism rate that …


A Cost Of Doing Business: Defense Contracting Fraud, Shane M. English Dec 2016

A Cost Of Doing Business: Defense Contracting Fraud, Shane M. English

Capstones

The federal government relies heavily on outside contractors to provide essential research and services. Following World War II, the Department of Defense and the military began to rely on approved government contractors to develop, test and improve weapons and tools used to keep soldiers and the nation safe.

Defense contracting is a massive business that commands billions of dollars a year. Despite the magnitude of the United States' contracting system, detecting fraud and preventing bad actors from continuing to profit off of the government has proven difficult. The systems at hand: civil and criminal charges, suspension and debarment have consistently …


Introduction, Antonio Medina-Rivera, Lee F. Wilberschied Ph.D. Dec 2016

Introduction, Antonio Medina-Rivera, Lee F. Wilberschied Ph.D.

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.


American Muslims: How The “American Creed” Fosters Assimilation And Pluralism, James R. Moore Dec 2016

American Muslims: How The “American Creed” Fosters Assimilation And Pluralism, James R. Moore

Cultural Encounters, Conflicts, and Resolutions

This article examines the status of American Muslims in the United States in relationship to other cultural groups and some of the widespread stereotypes that plague Muslims in contemporary society. Much has been written about the discrimination faced by Muslims, particularly after the September 11, 2001 attacks, spawned by religious, racial, and ethnic bigotry. Some polls show many Americans harbor some prejudices against Muslims, but these prejudices have not resulted in widespread violence or discrimination; although there has been some violence and discrimination experienced by some Muslims, the empirical data show that the majority of American Muslims are very successful …


Table Of Contents, Antonio Medina-Rivera, Lee F. Wilberschied Ph.D. Dec 2016

Table Of Contents, Antonio Medina-Rivera, Lee F. Wilberschied Ph.D.

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.


Language And The Promised Land: Passage And Migration To A Spanish-Language ‘Third Place’, Kenya C. Dworkin Y Mendez Dec 2016

Language And The Promised Land: Passage And Migration To A Spanish-Language ‘Third Place’, Kenya C. Dworkin Y Mendez

Cultural Encounters, Conflicts, and Resolutions

The Spanish-language anthology Caminos para la paz: Literatura israelí y árabe en castellano (Buenos Aires: Corregidor, 2007) [Paths towards/for Peace: Israeli and Arab literature in Castilian], compiled by Ignacio López-Calvo and Cristián Ricci, offers us a collection of over thirty reflections—some Jewish, others Muslim—about the millennial but also contemporary situation of two literally related and historic peoples in a language—Spanish—that seemingly allows them to inhabit the same, this time uncontested, space. Despite the potentially questionable title of the work, which couches the conflict as that of a nation-state versus a nation and/or two peoples contesting rights to one same land, …


Hannah Arendt And Natives As Extras: Towards An Ontology Of Palestinian Presence?, Francesco Melfi Dec 2016

Hannah Arendt And Natives As Extras: Towards An Ontology Of Palestinian Presence?, Francesco Melfi

Cultural Encounters, Conflicts, and Resolutions

The essay grew out of Hannah Arendt’s reflection on the roles and uses of the mask, a meditation on the ontology of the transient public figure or persona vs. one that restitutes the person to the unadulterated Selbstdenken dimension of the Epicurean philosopher-in-hiding. The author individuates in the resulting caesura between the donning and the taking off of the mask the primal source of that paradox in Hanna Arendt’s political behavior that alternately compelled her to confront the ontological presence of the Palestinian people, and made her withdraw into philosophical hiding without ever really coming to terms with it. In …


Teaching Secondary Mathematics And Science Contents Embedded In Historical And Cultural Contexts: Challenges And Possibilities, Roland Pourdavood Dec 2016

Teaching Secondary Mathematics And Science Contents Embedded In Historical And Cultural Contexts: Challenges And Possibilities, Roland Pourdavood

Cultural Encounters, Conflicts, and Resolutions

Many preservice teachers come to understand that they must cross the boundaries of their own familiar cultural and historical contexts in order to meet the needs of diverse students. This qualitative and descriptive study examines the evolution of secondary preservice teachers’ views on teaching and learning mathematics and science in historical and cultural contexts. Data were collected throughout participants’ enrollment in a semester-long course entitled Perspectives on Science and Mathematics, which is taken in conjunction with student teaching. Data sources included university classroom observations, preservice teachers’ verbal and written responses to class discussions, reading assignments, and course activities. Common themes …


On Confucius’S Ideology Of Aesthetic Order, Li Wang Dec 2016

On Confucius’S Ideology Of Aesthetic Order, Li Wang

Cultural Encounters, Conflicts, and Resolutions

Advocating order, order for all things, and taking order as beauty is the core element of Confucius’s aesthetic ideology. Confucius’s thought of aesthetic order is different from others of the “hundred schools of thoughts” in the pre-Qin period, and is also diverse from the Western value of aesthetic order. Confucius’s thought of aesthetic order has its own unique value system, which has become the mainstream value of aesthetic order in the Chinese society for 2000 years until today, after being integrated with the Chinese feudal imperial system in early Han Dynasty. This paper illustrates Confucius’s ideology of aesthetic order from …


Elections Matter: The Politics Of Prosecuting Deceptive Advertising In Wisconsin, Courtney Vander Veen Mich Dec 2016

Elections Matter: The Politics Of Prosecuting Deceptive Advertising In Wisconsin, Courtney Vander Veen Mich

Theses and Dissertations

This study examines the causal relationship between ideology and regulation. Specifically,

this study looks at the relationship between Wisconsin elected officials and their political party in relation to the level of enforcement of the Wisconsin deceptive advertising statute. The study analyzed 79 Wisconsin cases prosecuted for deceptive advertising from 2003 through 2014. The 79 cases occurred over the span of three different governor and attorney general four-year periods.These cases were analyzed for outcomes and the number of cases prosecuted during each of the three four-year periods present in Wisconsin. Fifty-six of the 79 cases were analyzed further for the number …


Open Source, Modular Platforms, And The Challenge Of Fragmentation, Christopher S. Yoo Nov 2016

Open Source, Modular Platforms, And The Challenge Of Fragmentation, Christopher S. Yoo

All Faculty Scholarship

Open source and modular platforms represent two powerful conceptual paradigms that have fundamentally transformed the software industry. While generally regarded complementary, the freedom inherent in open source rests in uneasy tension with the strict structural requirements required by modularity theory. In particular, third party providers can produce noncompliant components, and excessive experimentation can fragment the platform in ways that reduce its economic benefits for end users and app providers and force app providers to spend resources customizing their code for each variant. The classic solutions to these problems are to rely on some form of testing to ensure that the …


Welcome To Dignity, Donna M. Hughes Dr. Oct 2016

Welcome To Dignity, Donna M. Hughes Dr.

Donna M. Hughes

No abstract provided.


Digital Self-Ownership: A Publicity-Rights Framework For Determining Employee Social Media Rights, Susan Park, Patricia Sánchez Abril Oct 2016

Digital Self-Ownership: A Publicity-Rights Framework For Determining Employee Social Media Rights, Susan Park, Patricia Sánchez Abril

Management Faculty Publications and Presentations

Imagine an upandcoming company hires you as one of its first employees. Passionate about your employer, you put in long hours doing everything from marketing to accounting to event planning. You are also proud of your employer's product, so you begin to publicize it to your friends through your social network accounts. (In fact, the company's founder is also one of your Facebook friends.) You tell your friends about the product launch, invite them to marketing events, and eventually blog about your industry, amassing a significant social media following while creating buzz about your employer. But one day, during layoffs …


Violating Of Individual Privacy: Moroccan Perceptions Of The Ban Of Voip Services, Tyler Delhees Oct 2016

Violating Of Individual Privacy: Moroccan Perceptions Of The Ban Of Voip Services, Tyler Delhees

Independent Study Project (ISP) Collection

On January 6, 2016, the Moroccan telecommunications regulatory agency, the ANRT, announced a ban onVoice Over Internet Protocol(VoIP) calling services such as Skype, WhatsApp, and Viber. The ban triggered sweeping opposition among the Moroccan public, opening discussion of digital rights, censorship, and Internet governance. Considering liberal democratic rights in the 2011 Moroccan Constitution and a history of censorship, this study analyzes the official justification of the ANRT alongside additional explanations involving business interests and the security services. The purpose of this study is to gauge the perceptions of Moroccans on the decision of the ANRT and provide a holistic explanation. …


Publishing Information For Authors, Paul Royster, Sue Ann Gardner, Linnea Fredrickson Sep 2016

Publishing Information For Authors, Paul Royster, Sue Ann Gardner, Linnea Fredrickson

University of Nebraska-Lincoln Libraries: Conference Presentations and Speeches

Publishing: What Authors Ought to Know, by Paul Royster

Copyright for Scholarly Authors, by Sue Ann Gardner

Mechanics of the Manuscript: What Happens Next? by Linnea Fredrickson


Newsroom: Veteran Projo Columnist To Join Rwu 9/12/2016, Roger Williams University School Of Law Sep 2016

Newsroom: Veteran Projo Columnist To Join Rwu 9/12/2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Contextual Healing: What To Do About Scandalous Trademarks And Lanham Act 2(A), Megan M. Carpenter Sep 2016

Contextual Healing: What To Do About Scandalous Trademarks And Lanham Act 2(A), Megan M. Carpenter

Law Faculty Scholarship

Offensive trademarks have come to the forefront of trademark policy and practice in recent years. While it was once true that more attention had been paid to Lanham Act section 2(a) in the pages of law reviews than in the courts, recent prominent cases have focused attention on the ban on registration of offensive marks and the widespread impact of this ban on trademark owners.

In this Article, I answer the fundamental question: Given the problems that my previous research has identified, what should be done about the 2(a) bar on registration of scandalous trademarks? This Article argues, as a …


Use What You Choose: Applying Computational Methods To Genre Studies In Technical Communication, Brian N. Larson, William Hart-Davidon, Kenneth C. Walker, Douglas M. Walls, Ryan Omizo Sep 2016

Use What You Choose: Applying Computational Methods To Genre Studies In Technical Communication, Brian N. Larson, William Hart-Davidon, Kenneth C. Walker, Douglas M. Walls, Ryan Omizo

Faculty Scholarship

This paper reports on the results of an intensive application development workshop held in the summer of 2015 during which a group of thirteen researchers came together to explore the use of machine-learning algorithms in technical communication. To do this we analyzed Amazon.com consumer electronic product customer reviews to reevaluate a central concept in North American Genre Theory: stable genre structures arise from recurring social actions. We discovered evidence of genre hybridity in the signals of instructional genres embedded into customer reviews. Our paper discusses the creation of a prototype web application, "Use What You Choose" (UWYC), which sorts the …


The Freedom Of Speech In Public Forums On College Campuses: A Single-Site Case Study On Pushing The Boundaries Of The Freedom Of Speech, Alexander Davidson Jun 2016

The Freedom Of Speech In Public Forums On College Campuses: A Single-Site Case Study On Pushing The Boundaries Of The Freedom Of Speech, Alexander Davidson

Journalism

The purpose of this single-site study is to test how far speech can be pushed before it is no longer protected at the California Polytechnic State University. The purpose isn’t merely to push limitations for the sake of testing boundaries, but it is to see what types of speech truly add to the marketplace of ideas and what types simply do not. The main points of the study are to understand what speech is protected and what speech is not protected on California Polytechnic State University’s campus and to understand how the provocation that comes along with “negative speech” can …


America Vs. Apple: The Argumentative Function Of Metonyms, Ilon Lauer, Thomas Lauer May 2016

America Vs. Apple: The Argumentative Function Of Metonyms, Ilon Lauer, Thomas Lauer

OSSA Conference Archive

: Our study of public argumentation surrounding iPhone encryption addresses the argumentative function of the metonym. Metonyms accomplish general and specific argumentative purposes. Generally, metonyms help define and redefine the argumentative framework for a dispute. Within a controversy, metonyms operate as inference generators. We isolate and analyze several metonyms and elaborate their warrant-generating valences. Metonyms are inference generating tools capable of instantiating normative frameworks, invoking flexible and indeterminate senses of causality.


For The Dreamers, Mariajose Gomez May 2016

For The Dreamers, Mariajose Gomez

First-Gen Voices: Creative and Critical Narratives on the First-Generation College Experience

"For the Dreamers" reflects the author's experience on a De Colores immersion trip to Casa de Migrantes in Mexico, Tijuana. This was Gomez's first time traveling out of the country, and the experience helped her realize that no human being should be considered “illegal” simply because of man-made barriers. The piece exposes the complex social dynamics that inform the experiences of both immigrants and citizens of the United States. The purpose of the poem is to challenge readers' views on immigration and highlight the role social constructs and stereotypes play in establishing preconceived ideas about immigrants. The author hopes readers …


Hydroelectric Dams: The Lao Government's Luxury Trap, M.K. Laurel May 2016

Hydroelectric Dams: The Lao Government's Luxury Trap, M.K. Laurel

ENV 434 Environmental Justice

The research of the Lao government, its hydroelectric dams, and its responses to its project was done through an environmental justice lens. It is an interdisciplinary research that explores the political corruption, the role of media, and the environment in order to frame the Lao government and the reasoning behind their unjust activities.


From Library To Liability—Importing Trade Secret Doctrines To Erase Unfair Copyright Risks Lurking In Youtube’S Creative Commons Library, Adam Balinski Apr 2016

From Library To Liability—Importing Trade Secret Doctrines To Erase Unfair Copyright Risks Lurking In Youtube’S Creative Commons Library, Adam Balinski

BYU Law Review

No abstract provided.


Retired U.S. Ambassador David Greenlee Presents Birkett Williams Lecture At Ouachita, Rachel Gaddis, Ouachita News Bureau Apr 2016

Retired U.S. Ambassador David Greenlee Presents Birkett Williams Lecture At Ouachita, Rachel Gaddis, Ouachita News Bureau

Press Releases

Ouachita Baptist University recently hosted retired U.S. Ambassador David Greenlee as a Woodrow Wilson Visiting Fellow. During his stay April 4-6 Greenlee led discussions in both honors and faculty colloquiums, spoke in several classes and presented the Birkett Williams Lecture.

The Woodrow Wilson Visiting Fellows, a program which brings prominent and diverse professionals to college campuses, coordinated Greenlee’s visit. Greenlee served as U.S. ambassador to Bolivia (2003-06) and Paraguay (2000-03) and spent a total of 32 years in foreign service.


Celebrities’ Expansive “Right Of Publicity” Infringes Upon Advertisers’ First Amendment Rights, Jon Siderits Mar 2016

Celebrities’ Expansive “Right Of Publicity” Infringes Upon Advertisers’ First Amendment Rights, Jon Siderits

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Saving The Internet: Why Regulating Broadband Providers Can Keep The Internet Open, Emma N. Cano Mar 2016

Saving The Internet: Why Regulating Broadband Providers Can Keep The Internet Open, Emma N. Cano

BYU Law Review

No abstract provided.


Maintaining Institutional Power And Constitutional Principles: A Rhetorical Analysis Of United States V. Nixon, R. Scott Medsker, Todd F. Mcdorman Mar 2016

Maintaining Institutional Power And Constitutional Principles: A Rhetorical Analysis Of United States V. Nixon, R. Scott Medsker, Todd F. Mcdorman

Speaker & Gavel

In examining these implications we argue that the Court’s Nixon decision was a uniquely strategic response to a complex rhetorical situation. In fact, the elements of the situation were so fundamental to the tenor of the Court’s response that this essay’s framework is drawn from Lloyd F. Bitzer’s construction of the rhetorical situation. The use of this system will allow for deeper consideration of the context of United States v. Nixon as well as assessment of the legal text as responsive to that context.


The Rise And Fall Of The Patent Trolls: How They Lost The Public Relations Battle, Liz Weber Feb 2016

The Rise And Fall Of The Patent Trolls: How They Lost The Public Relations Battle, Liz Weber

Journalism

Patent trolls gained notoriety in the early 2000s as many nine- and even 10-digit patent infringement settlements made headlines. Trolls claim they are helping inventors get the compensation they deserve for their inventions, while opponents claim trolls are parasites on successful businesses who want glittering pots of gold in exchange for doing absolutely nothing. As the debate continues and parties on both sides continue to call for patent reform, the question arises: what is best of the IP overall market? And how can patent trolls utilize communications best practices to ensure their message is convincingly conveyed to key influencers who …


Ilhan, Nura, Radwa, Ziagull And Children, Ilhan, Tsos Jan 2016

Ilhan, Nura, Radwa, Ziagull And Children, Ilhan, Tsos

TSOS Interview Gallery

Ilhan, his wife Nura, and their children resided near Kabul, in a region where both the Taliban and ISIS were active. As Shias, Ilhan’s family faced numerous menaces, including threats from ISIS that they would be beheaded if they did not display ISIS flags. Ilhan’s sister Radwa, who is deaf and mute, was forced to marry a regional leader. In addition to being threatened on religious grounds, Ilhan’s family was also threatened by an elder of their town. Out of desperation, Ilhan’s family sold their house appliances, escaped Afghanistan, and arrived at the …


Afterword: Kindling The Programmatic Production Of Critical And Outsider Legal Scholarship, 1996-2016, Sarudzayi M. Matambanadzo, Francisco Valdes, Sheila I, Velez Martinez Jan 2016

Afterword: Kindling The Programmatic Production Of Critical And Outsider Legal Scholarship, 1996-2016, Sarudzayi M. Matambanadzo, Francisco Valdes, Sheila I, Velez Martinez

Articles

This afterword to a conference-based symposium represents not only an inter-generational reflection on LatCrit theory @ XX, but also an aspirational reminder of our foundational propositions and values as we look and venture ahead. Beginning with an introduction to the foundational theoretical principles of LatCrit knowledge production - as embodied principally by LatCrit values and the related functions, guidelines, and postulates - we discuss in detail and depth how these theoretical principles underpin the various projects in the LatCrit "portfolio" and provide a historical sketch of the development of these projects as programmatic knowledge production. In particular, we aim …