Digital Commons Network^™

Defining Health Law Or The Edgewood Syndrome, Paula Lobato De Faria, Wendy K. Mariner, George J. Annas

Faculty Scholarship

The authors' main purpose is to present ideas on defining Health Law by highlighting the particularities of the field of Health Law as well as of the teaching of this legal branch, hoping to contribute to the maturity and academic recognition of Health Law, not only as a very rich legal field but also as a powerful social instrument in the fulfillment of fundamental human rights. The authors defend that Health Law has several characteristics that distinguish it from traditional branches of law such as its complexity and multidisciplinary nature. The study of Health Law normally covers issues such as …

A Framework For Data Decay In Client-Server Model, Matthew Taber

Theses

Data breach incidents are a growing concern in both the private and public sector. As an increasing amount of sensitive information is made available through information systems, the number of occurrences and the potential damage as a result of these breaches will continue to expand. There is a clear need for a framework to mitigate the dangers of leaking data while simultaneously allowing authorized individuals to gain access to necessary information. This thesis presents the concept of data decay, applied to a client-server model for retrieval of sensitive data. In this framework, files tagged by the framework and stored on …

The Impact Of Sovereign Wealth Funds On The Regulation Of Foreign Direct Investment In Strategic Industries: A Comparative View, Maya Steinitz, Michael Ingrassia

Faculty Scholarship

Investments by sovereign wealth funds ('SWFs') - pools of capital accumulated by and under the control of sovereign states, mostly from the Persian Gulf and East Asia - in European and North American companies have changed dramatically both in scope and in nature in the last few years. In terms of scope, SWFs are estimated to currently control USD$2-3 trillion in assets - more than all hedge funds and private equity funds combined - and within the next five years, they are expected to direct USD$6-10 trillion in assets.' In terms of the nature of the investments made, these funds …

Islam’S Fourth Amendment: Search And Seizure In Islamic Doctrine And Muslim Practice, Sadiq Reza

Faculty Scholarship

Modern scholars regularly assert that Islamic law contains privacy protections similar to those of the Fourth Amendment to the U.S. Constitution. Two Quranic verses in particular - one that commands Muslims not to enter homes without permission, and one that commands them not to 'spy' - are held up, along with reports from the Traditions (Sunna) that repeat and embellish on these commands, as establishing rules that forbid warrantless searches and seizures by state actors and require the exclusion of evidence obtained in violation of these rules. This Article tests these assertions by: (1) presenting rules and doctrines Muslim jurists …

Mobile Web Resource Tracking During A Disaster Or Crisis Situation, Phavanhna Douangboupha

Theses

This paper proposes a prototype solution for a mobile web resource tracking system using mobile devices during an emergency situation. The system provides real time data to a decision maker so that he/she can effectively and efficiently monitor resources and assess the situation accordingly. Mobile devices (i.e., smart phones) support the ease of use for any location and at anytime. The Internet technology is selected to enable multiple or cross platform technology solutions for different mobile devices. Resources in the scope of this project are human resources (e.g., a doctor, a police officer) and a chemical list in a room. …

Scientific Visualizations, Nick Kochakian

Theses

Visualizations for three different categories of problems are presented: measurements of object parameters as they vary over time, constructing surfaces from unorganized sets of points, and representing the internal structure of volumes using isosurfaces. Problem backgrounds are discussed as well as the operational details of each visualization. Visualizations were written with ease of use in mind for Spiegel, a programmable visualization environment.

Towards Virtual Machine Integrity Using Introspection, Sammy Lin

Theses

The Integrity Measurements Architecture (IMA) provides attestation and integrity for Linux hosts. But what if an administrator wants to provide IMA functionality to an older (non-IMA capable) or a non Linux-based OS? If the system is deployed on top of a hypervisor, IMA functionality can be provided at the hypervisor level. This paper applies Virtual Machine Introspection (VMI) to provide IMA functionality to virtualized guest OSes. We implement a proof of concept library (using a shallow shadow filesystem) and integrate it with the Kernel-based Virtual Machine (KVM) hypervisor. The modifications provide the Linux host OS the ability to see when …

Data Center Design & Enterprise Networking, Christian Mahood

Theses

Today’s enterprise networks and data centers have become very complex and have completely integrated themselves into every facet of their represented organization. Organizations require Internet facing services and applications to be available at any part of the day or night. These organizations have realized that with centralized computing and highly available components, their technological presence with customers can be greatly enhanced. The creation of an infrastructure supporting such high availability takes numerous components and resources to function optimally. When an organization makes the decision to design a data center, they utilize resources to provide insight into what components to deploy. …

Assessing Instructional Strategies At Barbados Community College Hospitality Institute In A Dynamic Global Environment, Juiann Young-Lovell

Theses

Today, there are educational institutions whose offerings highlight the value of a blended learning experience. Such organizations design their curricula to enhance students' knowledge, skills and attitudes. These institutions integrate several elements into the learning experience. The subject mater is taught, provision is made for students to practice and this all takes place in the traditional or virtual classroom or in a real world setting. Instructional practice is the bridge between the student and the teacher. At the Barbados Community College Hospitality Institute (BCCHI), there is no evidence that the faculty has conducted formal assessment of the organisation's instructional practices …

Designing Foreign Tax Credit Rules In China: The Case Of Foreign Loss Limitations, Wei Cui

All Faculty Publications

Over the last few years, China’s large trade surplus against other countries, as well as its high domestic savings rate even relative to its high investment rate, have resulted in a very substantial foreign currency reserve that puts the country in the position of a significant capital exporter. The huge amount of foreign currency assets held by the Chinese government— near $1.9 trillion at the end of 2008 — and a breathtaking series of acquisitions made by Chinese firms overseas are now salient items in international business reporting and public discussion. China’s new posture as an exporter of capital has …

Implementing Qr Code Technology In Medical Device Pacakage, Manu Chakravarthy Kittanakere Naagaraj

Theses

The medical device industry strives to improve the delivery of key device information

through the package to patients, doctors and end users. To achieve this goal Indications For Use (IFU) and user manuals have been major tools and are necessary components required in Medical Device Package according to Food and Drug Administration (FDA) standards.

Historically there have been challenges caused by packaging information materials aspects

such as manufacturing, transportation and translation. The need for extensive packaging and labelling has ultimately contributed to increased cost of manufacturing for devices. It is also important to know what information a customer needs and …

Shear Stress Distribution And Hemolysis Measurements In A Centrifugal Blood Pump, Matthew Nicholson Giarra

Theses

The use of computational fluid dynamics (CFO) to predict red blood cell trauma (hemolysis) in blood pumps based on their exposure to turbulent stresses has increased in recent years. The U.S. Food and Drug Administration (FDA) has initiated a project to determine the fidelity with which modern CFO can accurately predict hemolysis in such devices. The project involves the collection of experimental data against which externally-conducted CFO simulations may be compared. Because the data will be used to judge the ability of CFO to predict hemolysis, the pump was designed to cause more turbulence and blood damage than would be …

Pragmatic Selective Waiver: Re-Aligning Corporate Executives' Personal Interests With Those Of The Corporation Amidst Government Investigations, Erin M. Carter

Vanderbilt Law Review

In the corporate setting, government investigators increasingly ask corporations to waive the attorney-client privilege as part of the "cooperation" necessary to receive incentives. In practice, however, these cooperation incentives have led to what has become known as a "culture of waiver," where waiver of the privilege in the face of investigation has become virtually essential. One way courts have sought to diminish the negative externalities of waiver is through the doctrine of selective waiver. Selective waiver allows the corporation to waive the attorney-client privilege, but only to the government agency during the course of the investigation, while still retaining the …

Attorneys, Accountants, And Bankers, Oh My! Primary Liability For Secondary Actors In The Wake Of "Stoneridge", Robert J. Grubb

Vanderbilt Law Review

Mervin "Buddy" Schwartz, Jr., embodied the American Dream. A Pennsylvania resident, Schwartz began working for Hershey Foods in 1961 as a maintenance mechanic.' He eventually became a member of the local union's executive board. A hard worker providing for his family, Schwartz had a thirteen-year perfect attendance record and often worked overtime. He even managed to attend night classes and obtained an associate's degree in Bible studies.

Lacking any financial training, Buddy Schwartz relied on the retirement plan and 401k5 Hershey provided for his retirement. Because he contributed the maximum allowable amount out of each paycheck to his 401k, he …

Effects Of Telepresence Light Height And Ambient Light On Glare And Appearance, James P. Beno

Master's Theses

No abstract provided.

The Sheaf Catalogs Of George John Spencer, Larissa C. Brookes

Master's Theses

No abstract provided.

Stigmatization Of Iraq Veterans With Ptsd, Depression, Or Chronic Back Pain, Melissa Daoud

Master's Theses

No abstract provided.

Dietrich And Sternberg : From Cabaret Performance To Feminist Empowerment, Elizabeth Anne Taylor

Master's Theses

No abstract provided.

The Effects Of Psychosocial Stress And Social Support On Memory, Dong T. H Nguyen

Master's Theses

No abstract provided.

Images Of Aggression And Substance Abuse In Music Videos : A Content Analysis, Monica M. Escobedo

Master's Theses

No abstract provided.

Depression: The Role Of Cultural Factors And Perception Of Treatment., Cynthia Chacon

Master's Theses

Depression is a prevalent mental disorder. Various factors influence people's attitudes toward help seeking, perceptions, and beliefs about psychotherapy, including ethnicity (language), distress level, social support, treatment modality, and subpopulation. Cognitive behavioral therapy (CBT) and psychodynamic therapy (PT) have been used to treat depression. This study explored the relationship between the aforementioned variables. Participants (N = 264) were White and Mexican-American from a college and the community. Results indicated that ethnicity and subpopulation were not significantly related to seeking help; people who reported higher distress levels and higher social support expressed greater likelihood to seek help. All groups rated CBT …

Guidelines To Developing A Corporate Packaging Group For The Medical Device Industry, Michael Piazza

Theses

The purpose of this study was to reveal and assess improvements that can be made to the candidate selection process when developing a Corporate Packaging Group in the Medical Device Industry.

Constitutional Theory And The Future Of The Unitary Executive, Sotirios Barber, James E. Fleming

Faculty Scholarship

In The Constitution in Wartime: Beyond Alarmism and Complacency, Mark Tushnet distinguishes two voices: "alarmists who see in every action taken by the Bush [A]dministration a portent of gross restrictions on the civil liberties of all Americans, and administration shills who see in those actions entirely reasonable, perhaps even too moderate, accommodations of civil liberties to the new realities of national security."1 Tushnet's volume contains essays, including one by us,2 which he judges to lie "beyond alarmism and complacency" (or perhaps between alarmism and complacency). But critics of the Bush Administration's theory of the unitary executive may be alarmed by …

Sequential Innovation, Patents, And Imitation, James Bessen, Eric Maskin

Faculty Scholarship

How could such industries as software, semiconductors, and computers have been so innovative despite historically weak patent protection? We argue that if innovation is both sequential and complementary--as it certainly has been in those industries--competition can increase firms' future profits thus offsetting short-term dissipation of rents. A simple model also shows that in such a dynamic industry, patent protection may reduce overall innovation and social welfare. The natural experiment that occurred when patent protection was extended to software in the 1980?s provides a test of this model. Standard arguments would predict that R&D intensity and productivity should have increased among …

Death From The Public Domain?, Kevin Outterson

Faculty Scholarship

In his recent article in the Texas Law Review, Ben Roin advances the claim that pharmaceutical innovation and the public’s health are harmed by the doctrines of non-obviousness and novelty. He does not mince words, labeling the nonobvious requirement as “perversity” with a “pernicious” effect on drug development. In his view, these standards pose an insurmountable barrier for drug companies seeking to commercialize inventions already in the public domain. He claims that valuable, life-saving drug ideas languish in the public domain because the companies face high barriers to entry from the FDA, but potential free riders are encouraged through the …

A Tale Of Two Debtors: Bankruptcy Disparities By Race, Rory Van Loo

Faculty Scholarship

This article offers the first quantitative evidence on race and bankruptcy. Minority debtors fare worse overall in bankruptcy — blacks are 40% and Hispanics 43% less likely than whites to receive a discharge in Chapter 13 after controlling for variables such as education, income, and employment. While the data do not allow for causal inference, Chapter 13 trustees were twice as likely to have made a motion to dismiss even against black debtors who ultimately completed their multi-year bankruptcy plans than against similar white debtors. The paper also indicates that a lack of attorney representation by minority debtors may make …

A House Divided: The Invisibility Of The Multiracial Family, Angela Onwuachi-Willig, Jacob Willig-Onwuachi

Faculty Scholarship

This Article is an invited special projects paper for the Harvard Civil Rights-Civil Liberties Law Review. It examines how society and law work together to frame the normative ideal of intimate couples and families as both heterosexual and monoracial. This Article sets out to accomplish three goals. First, it examines the daily social privileges of monoracial, heterosexual couples as a means of revealing the invisibility of interracial marriages and families within our society. Specifically, Part II of this Article uses the work of Professor Peggy McIntosh to identify unacknowledged monoracial, heterosexual-couple privileges and list unearned privileges, both social and legal, …

Combating Midnight Regulation, Jack M. Beermann

Faculty Scholarship

The flurry of regulatory activity by the outgoing administration of President George W. Bush has raised, once again, the specter of midnight regulation. Whatever the reason for midnight regulation, there seems to be a general consensus that something has gone wrong when an outgoing administration takes important action while the incoming administration is essentially waiting to take over. Most late term action is subject to the obvious question of "if this action was so important, why didn't the administration take it in the last seven and three-quarters years or so?" Even though the Constitution leaves the incumbent in office for …

Book/Tax Conformity And Equity Compensation, David I. Walker, Victor Fleischer

Faculty Scholarship

Should we require companies to report the same amount of income to the IRS as they report to their shareholders? The idea behind "book/tax conformity" is that managers' desire to increase reported earnings would act as a check on their desire to minimize taxable income, and vice versa. Some scholars have proposed a comprehensive approach, adopting financial income as the basis for corporate taxation. Legislators, meanwhile, have offered a targeted approach that singles out equity compensation, which has historically been a significant source of the "gap" between book income and taxable income.

This Article argues that book/tax conformity carries unexplored …

The End Of Reparations Talk: Reparations In An Obama World, Kevin Outterson

Faculty Scholarship

Disparities in Black health began in slavery, were reinforced in segregation and racism, and persist today despite significant remedial efforts. In the last decade, the statistics about Black health disparities show no improvement. The caustic history of slavery, racism and segregation hasn't been completely undone. Fundamental changes are still necessary to repair deficits in Black health.

But the election of Barack Obama has changed the relevance of reparations as a political tool for making these changes. We elected a Black man as President, and he refused to apply reparations talk to social programs of uplift for disadvantaged communities. Obama struck …