Digital Commons Network^™

The In Rem Forfeiture Of Copyright-Infringing Domain Names, Andrew Sellars

Faculty Scholarship

In the summer of 2010, the Immigration and Customs Enforcement Division of the Department of Homeland Security began "Operation In Our Sites," an enforcement sweep targeted towards websites allegedly dealing in counterfeit goods and copyright-infringing files. The operation targeted the websites by proceeding in rem against their respective domain names. For websites targeted for copyright infringement, ICE Agents used recently-expanded copyright forfeiture remedies passed under the 2008 PRO-IP Act, providing no adversarial hearing prior to the websites being removed, and only a probable cause standard of proof.

This Paper examines three specific harms resulting from Operation In Our Sites, and …

Tweeting To Topple Tyranny, Social Media And Corporate Social Responsibility: A Reply To Anupam Chander, Erika George

Faculty Scholarship

This Essay offers critical reflections on the role of social media in social change and outlines how the obligation of corporations in the information communications technology sector to avoid complicity in rights violations may evolve over time. Part I explores the Internet's potential to further democratic discourse and inclusion or foster discrimination and exclusion. It also queries whether the Internet industry has an obligation to protect against hate propaganda. Part II examines whether other industry sectors can also be said to have special obligations based on the human rights consequences of their conduct. Part III explains the nature of the …

The Human Right To Health And Hiv/Aids: South Africa And South-South Cooperation To Reframe Global Intellectual Property Principles And Promote Access To Essential Medicines, Erika George

Faculty Scholarship

The HIV/AIDS pandemic has had a devastating and disproportionate impact in countries of the Global South. The experience of an individual infected with HIV in Africa is very different than that of an individual infected with HIV in America. Life expectancy varies sharply. The ability or inability to access medicines essential for treatment accounts for much of the variance. This article examines how the rhetoric of human rights used in the context of South Africa's AIDS crisis resonated across the Global South, resulted in a powerful social movement for access to medicines, and contributed to important changes in international intellectual …

An Assessment Of Vibration Exposure And Its Health Effects On Stone Workers In Taiwan And China, Yuan-Hsin Cheng

All-Inclusive List of Electronic Theses and Dissertations

Background: Stone workers were in high risk of vibration exposure that might lead to health problem. Studies and previous research have shown that there are correlations between whole body vibration, hand/arm vibration and several musculoskeletal disorders, neurological diseases, and different cumulative trauma disorders such as hearing loss and carpel tunnel syndrome. In order to study the health effects among stone workers, there were seven stone companies selected from Taiwan and China participated in this study. Aim: The goal of this project was to study and assess the correlations between several exposure variables such as vibration and noise exposure and outcome …

The Locational Determinants Of Internet Usage In Asia And Nepal, Smriti Chand

All-Inclusive List of Electronic Theses and Dissertations

This study examines the relationship between internet development and various socio- economic factors that are assumed to affect internet infrastructure development decision. The data collected for 35 Asian countries is secondary data collected from various sources. This study tests six hypotheses about the impact of various socio-economic factors and economic freedom indicators on Internet Penetration Rate (IPR) and Internet Service Providers (ISP). The findings show that the IPR can be statistically explained by one independent variable: GDP (Gross Domestic Product). The study models also include Purchasing Power Parity (PPP), literacy rate, fertility rate, the percentage of urban population, the country's …

Characteristics Of Difficult Patients In Prisons Compared To Difficult Patients In Primary Care Settings, Emily Kistler

All-Inclusive List of Electronic Theses and Dissertations

Research has found that patients perceived as being difficult by their physicians share a number of characteristics. These "difficult" characteristics include Axis I disorders, personality disorders, somatization, complex health problems, and aggression. Current research has focused on defining "difficult patients" in community populations, while other populations have gone overlooked. One population that has prevalence rates of the "difficult" characteristics identified in community samples is offenders. As a group, offenders tend to have high rates of mental illness, chronic health problems, and behavioral issues such as aggression. While difficult patients in prison may resemble difficult patients in the community, research has …

An Examination Of The Influence Of Religion On The Forgiveness Process, Gregory J. Johnson

All-Inclusive List of Electronic Theses and Dissertations

This study sought to examine the religion-forgiveness hypothesis in the context of the forgiveness process in an attempt to better understand the basis of the relationship. Data was collected from 140 participants in an online survey that contained measures of religious behaviors, religious beliefs, religious fundamentalism, empathy, emotional intelligence, forgiveness, and social desirability. A hypothesized model specified that religious variables of religious belief, behavioral religiosity, religious fundamentalism would be predictive of forgiveness when mediated by emotional intelligence and fully mediated by empathy. Using structural equation modeling, it was found that religiosity was predictive of greater levels forgiveness when mediated by …

African Americans' Perceptions Of The "N-Word" In The Context Of Racial Identity Attitudes, Keya Wiggins

All-Inclusive List of Electronic Theses and Dissertations

The “N-word” has been a pop-culture topic of interest which has fueled many heated discussions within the African American community. Given the history of the word nigger in America, the use of the word nigga among some African Americans may cause confusion among those who do not understand the phenomenon of African Americans‟ perceptions of the “N-word.” The present research was conducted to explore the phenomenon of African Americans‟ perceptions of both the words nigger and nigga in the context of racial identity attitudes. A primarily qualitative embedded mixed method model was utilized to gather information about feelings of group …

Comparison Of Muscle Activation In The Active Straight Leg Raise And Double Straight Leg Lowering Tests, Megan Callahan

All-Inclusive List of Electronic Theses and Dissertations

Muscle Activation during the Active Straight Leg Raise and Double Straight Leg Lowering Tests Callahan, ME. Gage, M. Ferng, SF. Nesser, T. Context: Low back pain is a common medical condition that exists in athletic and general populations. It is difficult to for clinicians to diagnose low back pain because no gold standard clinical test has been established to diagnose low back pain. Limited previous research has assessed muscle activation during commonly used clinical tests that evaluate low back pain. Objective: To assess transverse abdominis/internal oblique (TrA/IO), external oblique (EO), and rectus abdominis (RA) muscles during two common low back …

Modeling Lean Six Sigma In The Small Packaging Industry In India, Robin Patel

Theses

This thesis is a result of my interest in implementing Lean Six Sigma into Indian packaging companies because the Indian industry is growing at 18-20% annually (Samal, 2010). This growth rate is expected to triple in the next five years. With USA outsourcing to foreign nations this substantial growth, as I envision the USA companies who are seeking India packaging materials will benefit from my original approach for converting the Indian packaging industry using Lean Six Sigma. I have a strong personal and professional desire to improve the manufacturing within India. It is the country in which I grew up …

Effects Of Monetary Incentives On Academic Performance Of Fourth-Grade Students From Low Socioeconomic Status, Sandra O. Dafiaghor

All-Inclusive List of Electronic Theses and Dissertations

Scientific investigations of monetary incentives on students' academic achievement have not explored effects on performance of students from low socioeconomic status (SES), nor has there been exploration of teachers' perceptions of how monetary incentives impact academic performance of students from low socioeconomic status. The present study explored how low SES students perceive their academic performances being impacted by extrinsic monetary incentives. The study also explored the fourth-grade teachers' beliefs about the impact of monetary incentive on students' academic performance. The study found that students believe monetary incentives will increase academic performance, depending on the size of the cash incentive. The …

Hear My Voice: An Examination Of The Views Of Parents Who Are Raising Children Of African American Descent, Chavez Maurice Phelps

All-Inclusive List of Electronic Theses and Dissertations

Researchers have demonstrated that children who attend early childhoodEducation programs benefit academically and socially (National Institute for EarlyEducation Research, 2003). However, other researchers have shown that African American students may still lag behind their counterparts when they enter school (National Center forEducation Statistics ([NCES], 2004). To explain this phenomenon, scholars and practitioners have relied on deficit theories, such as Ruby Paynes (2005) culture of poverty theory or John Ogbus (1992) oppositional culture identity theory, which shift the blame solely on the child or their parents. However, there are other researchers who have stressed the importance of examining the impact of …

Teacher Bullies: A Factorial Analysis Of Perceptions Of Teachers' Bullying Behaviors, Sally Walter Davies

All-Inclusive List of Electronic Theses and Dissertations

Bullying in schools is a global phenomenon that can infringe upon the rights of students to learn and grow in a secure and fostering environment. Most of the past and current research on school bullying focuses on peer bullying, but there is a gap in the understanding of types and characteristics of bullying behaviors. This study centered on a type of abusive behavior that has received very limited attention: teachers bullying students. For the purpose of this study, the definition of teacher bullying behavior is a repeated pattern of conduct used to punish, manipulate, or disparage a student, rooted in …

The Relationship Between Caring School Community Program Implementation And Elementary School Attendance, Discipline, And Climate, Debra A. Kyle

Dissertations

This program evaluation of Caring School Community was conducted by two educators who studied the implementation of this character education program in an elementary school. In an effort to foster a culture of respect and kindness, where students, staff, and parents are treated as valued, contributing members of the school community, the school of study implemented a character education program called Caring School Community. The purpose of this study was to evaluate the success of the implementation of Caring School Community and its possible impact on student attendance, student discipline, and positive behavior referrals. The evaluation of this program involved …

Opportunities To Foreign Investment In Kosovo : [Presentation Given On September 6, 2011], Sytrime Dervisholli

Theses

Aware of the importance of foreign investments for the economic development of Kosovo, the project identified the motivations and concerns of foreign investors for investing in Kosovo and for exploring opportunities that Kosovo offers. In addition, this project examined the process of privatization as one of the opportunities to attract foreign investment and the role of Kosovo’s Diaspora in attracting foreign investment.

Look, Cook, Learn: A Recipe For Improved Functionality In Cooking Design, Anna Mizer

Theses

Look, Cook, Learn: A Recipe for Improved Functionality In Cooking Design is a thesis which explores the relationship and differences between print media and digital media. Both are studied in respect to instructional cooking materials with their strengths and weaknesses .The final application involves a digital application for the Apple iPad as well as a printed recipe book. The user experience is of great importance and therefor information layering, visual layout, and consumer expectations are all considered. All information that is included in both the digital application is broken into sections depending on the function or action that the user …

Combating Counterfeit Goods Entering Kosovo : [Presentation Given On November 16, 2011], Zana Batusha

Theses

This capstone project assesses the impact of counterfeit goods imported into Kosovo. Over the past twelve years, Kosovo Customs has been fighting smuggling of goods, mainly for two reasons: protecting legitimate trade and collecting more revenue. Although it is known that low economic growth drives the need for more taxes in order for the state institutions to function, limited attention was given to the protection of citizens from counterfeited goods. In 2010 some progress was achieved regarding the enforcement of Intellectual Property Rights (IPR), but even this had limited impact concerning the protection of public health. However, the need to …

Screening Procedures For Strategic Environmental Assessment In Kosovo : [Presentation Given In November 2011]., Laura Krypa Gjakova

Theses

This capstone project considered the priorities that need to be given to the implementation of the Law Nr.03/L-230 on the Strategic Environmental Assessment, 2010 (Law on SEA). This is one of the basic horizontal environmental policy tools applicable for a wide range of issues such as climate change, water, air protection and biodiversity. Currently, Kosovo is fullfilling the European Union requirement for the transposition of the Directive 2001/42/EC of the European Parliament and of the Council, of 27 June 2001 into national legislation. It assesses the effects of certain plans and programs on the environment. Implentation of the newly adopted …

Codification, Macaulay And The Indian Penal Code [Book Review], Siyuan Chen

Research Collection Yong Pung How School Of Law

As noted (at vii) by the contributors to this book, the Indian Penal Code 1860 (Central Act 45 of 1860) (“IPC”), largely the work of Thomas Macaulay, “was the first codification of criminal law in the British Empire and is the longest serving code in the common law world.” Upon its enactment, the influential IPC was adopted in various British colonies, such as Singapore. The continuing use of legislation of such pedigree, however, brings about several problems. Any legislative inertia to update the statute from time to time will put the judiciary in a dilemma, whenever the latter is asked …

The Unresolved Legality Of Online Gambling In Singapore, Siyuan Chen

Research Collection Yong Pung How School Of Law

This article addresses what appears to be a hitherto (legislatively and judicially) unresolved issue in a country where gambling is an established sub-culture – the legality of online gambling. The existing legislation does not provide direct answers, and as a result, the courts have not been given the opportunity to answer the question directly either. The police have previously made a few statements to the press and the media, but what should we make of them? While placing bets with unauthorised bookies (including those who operate their own website or use others’ websites) is clearly outlawed, leaving the offender with …

The Relationship Between International Law And Domestic Law: Yong Vui Kong V Pp [2010] 3 Slr 489 [Case Note], Siyuan Chen

Research Collection Yong Pung How School Of Law

The Court of Appeal in Yong Vui Kong v PP [2010] 3 SLR 489 recently addressed at length the issue of the constitutionality of the mandatory death penalty. In the main, the appellant had argued that the mandatory death penalty was unconstitutional because it violated Art 9(1) of the Constitution of the Republic of Singapore (1999 Rev Ed), which states that: “No person shall be deprived of his life or personal liberty save in accordance with law.” The court ultimately rejected this argument. This piece focuses on the main international law issue emanating from the said constitutional challenge, viz, the …

Raising The Bar For The Mens Rea Requirement In Common Intention Cases: Daniel Vijay S/O Katherasan V Pp, Eunice Chua

Research Collection Yong Pung How School Of Law

Recently, the Court of,4ppeal in Daniel Vijay s/o Katherasan v. Public Prosecutor took the view thatthe law on common intention was not adequately settled in Singapore despite the 138-year history ofs. 34 ofthe Penal Code. It went on to give an extensive review of the cases interpreting the section aswell as its Indian equivalent, before setting out the proper approach to take in "twin crime" commonintention cases, focusing specifically on the mens rea element required in order to establish constructiveliabilityfor the secondary crime. This case note seeks to highlight the changes brought about byDaniel Vijay s/o Katherasan v. Public Prosecutor …

Advertising Law And Regulation By Giles Crown, Oliver Bray And Rupert Earle [Book Review], Christopher Chao-Hung Chen

Research Collection Yong Pung How School Of Law

No abstract provided.

Contractual Interpretation In Singapore After Zurich Insurance: Continued Refinement, Yihan Goh

Research Collection Yong Pung How School Of Law

Ever since Lord Hoffmann’s authoritative restatement of the principles relating to the interpretation of contracts in Investors Compensation Scheme v West Bromwich Building Society, various common law courts and academics have weighed in with their views on two main issues: whether the contextual approach articulated in Investors in fact represents a step forward from the traditional literal approach; and, accepting the operation of the contextual approach, whether there remains room for the exclusion of certain extrinsic evidence in interpreting contracts. But the foremost consideration underpinning these issues is that of the perceived uncertainty which the contextual approach brings. The Singapore …

Death's Laughter (Novel) And Crafting A Novel (Exegesis), Fémi A. Adédínà

Theses: Doctorates and Masters

This thesis consists of a creative component, a novel, Death’s laughter and an exegetical essay, Crafting a novel. The novel centres on a true Nigerian story: a Pentecostal pastor, who died in a plane crash, was a government official found out to have amassed large sums of money and assets that were far greater than could be accrued from his modest salary. In addition, he was accused of bigamy because he had two wives who did not know each other in two different cities within the country. This basic story serves as the nucleus of the novel. The novel tells …

Teacher Understandings Of Responsibilities For Reading Instruction In Stage One And Two English Courses Of Study In Western Australian Schools, Liana Strutt

Theses: Doctorates and Masters

The purpose of the study was to explore secondary teachers’ understandings of their responsibilities towards students who demonstrate poor literacy skills with regard to the Reading Outcome in the Western Australian English Courses of Study. As an experienced secondary English teacher, the researcher was aware that the reading demands of senior secondary classrooms were challenging for some students and that many teachers were unsure of how they should respond to the needs of the students. Since the education reforms which began in Western Australia in the late 1990s and the subsequent introduction of Courses of Study in 2006, a great …

Using Growth Rate Of Reading Fluency To Predict Performance On Statewide Achievement Tests, Rachelle Whittaker Hinkle

All-Inclusive List of Electronic Theses and Dissertations

Federal legislation has prescribed the increased use of statewide achievement tests as the culmination of a student's knowledge and ability at the end of a grade level; however, schools need to be able to predict those who are at-risk of performing poorly on these high-stakes tests. Three studies served to identify a means of predicting statewide achievement test scores in either third or eighth grade based on CBM reading scores and rates of improvement at first, second, and third grades or third, fourth, and fifth grades using readily available statistical procedures. One-half of the third-grade data was used in Study …

Confirmation And Ministry Participation, Jeffrey S. Harper

ATS Dissertations

No abstract provided.

Missional Spirituality : Invitation To Listen, David Mullens

ATS Dissertations

No abstract provided.

Breaking The Culture Of Ethnic Hostility In Kenya, Geoffrey Kamau Njuguna

ATS Dissertations

No abstract provided.