Digital Commons Network^™

Killing The Internet To Keep America Alive: The Myths And Realities Of The Internet Kill Switch, Scott M. Ruggiero

SMU Science and Technology Law Review

No abstract provided.

A Review Of 2011 Video-Game Litigation And Selected Cases, Kent Jordan, Robert Wilkinson

SMU Science and Technology Law Review

No abstract provided.

Criminal Punishment For Cyberbullying: In Re Rolando S., Caitlin R. Clark

SMU Science and Technology Law Review

No abstract provided.

Chasing Rainbows: Exposing The Role Of Color In Trademark Law Through Christian Louboutin S.A. V. Yves Saint Laurent America, Inc., Rachany Son

SMU Science and Technology Law Review

No abstract provided.

What's Mine Is Mine But What's Yours Is Ours: Ip Imperialism, The Right Of Publicity, And Intellectual Property Social Justice In The Digital Information Age, Lateef Mtima

SMU Science and Technology Law Review

No abstract provided.

The America Invents Act: A Brave New World Of Patent Laws And Procedure, Nathan Kelley, Marc Hubbard, Colin Cahoon, Sarah Tran

SMU Science and Technology Law Review

No abstract provided.

The America Invents Act: Target, The Eastern District Of Texas, Jim Harlan, Chad Everingham, Douglas M. Kubehl, Lisa A. Dolak

SMU Science and Technology Law Review

No abstract provided.

Down With The Dmca, Andrew Johnson

SMU Science and Technology Law Review

No abstract provided.

Tobacco Manufacturers And The United States Government: Ready For Battle, Brian E. Mason

SMU Science and Technology Law Review

No abstract provided.

Perceptions Of "Americanism": U.S. High School Students' Attitudes Towards Non-Standard English Accents, Christina Michelle Goering

Honors Program Theses

The purpose of this study is to identify the extent to which U.S. high school students perceive various English accents as being part of their American community or not and to further investigate how likely these high school students are to socialize with speakers of the varying English accents.

Empirically Supported Treatments Impact On Organizational Culture And Climate, David A. Patterson Silver Wolf (Adelv Unegv Waya) Phd, Catherine N. Dulmus Phd, Eugene Maguin Phd

Brown School Faculty Publications

Objectives: With the continued push to implement empirically supported treatments (ESTs) into community based organizations, it is important to investigate whether working condition disruptions occur during this process. While there are many studies investigating best practices and how to adopt them, the literature lacks studies investigating the working conditions in programs that currently use ESTs. Methods: This study compared the culture and climate scores of a large organization’s programs that use ESTs and those programs indicating no EST usage. Results: Of the total 55 different programs (1,273 front-line workers), 27 programs used ESTs. Results indicate that the programs offering an …

'Delivering' Education; Maintaining Inequality. The Case Of Children With Disabilities In Afghanistan, Jean-Francois Trani, Parul Bakhshi, Anand Nandipati

Brown School Faculty Publications

Education for children with disabilities in Afghanistan, particularly disabled girls, continues to lag behind despite laudable efforts of the Ministry of Education to promote universal access for all. The opportunity for education constitutes not just a means of achieving learning outcomes but also a space for social interaction, individual development and psychosocial support, which are paramount in Conflict Affected Fragile States (CAFS). However, many persisting barriers still need to be overcome in Afghanistan to allow education for all and change negative attitudes towards education of children with disabilities. In this paper we argue that viewing education as a basic commodity, …

Do High School Peer Crowd Affiliation And Peer Alcohol Use Predict Alcohol Use During College?, Jacqueline A. Bonsu

Theses and Dissertations--Psychology

Peer crowd affiliation (PCA) has been linked to alcohol use in adolescents, with patterns varying by crowd. However, a comprehensive examination of how peers influence college students’ behaviors, especially with regards to PCA, is lacking. The current study seeks to replicate and extend findings from Barber, Eccles, and Stone (2001) by examining whether high school PCA is associated with average weekly drinking and problematic drinking in a sample of college freshman, including friends’ drinking as a potential mediator and susceptibility to peer influence as a potential moderator. As existing research has found that close friends’ drinking predicts own drinking, peer …

Impulsivity Traits And The Longitudinal Prediction Of Addictive Behaviors During The Transition From Elementary To Middle School, Leila Guller

Theses and Dissertations--Psychology

The aim of this study was to test for prospective relationships between personality factors measured in elementary school and drinking, smoking, and binge eating during the first year of middle school. Data were collected among adolescents drawn from 23 elementary schools and 15 middles schools in central Kentucky. In a two-wave study, 1,906 children completed questionnaire measures in the spring of 5^th grade and the spring of 6^th grade. After controlling for sex, pubertal status, and prior engagement in addictive behaviors, it was found that urgency at wave 1 predicted drinking, smoking, and binge eating at wave 2, …

The Effect Of Therapist Use Of Technology On The Therapeutic Alliance , Nicholas R. Wiarda

Doctor of Psychology (PsyD)

No abstract provided.

The Constitutional Right Not To Kill, Mark L. Rienzi

Scholarly Articles

Federal and state governments participate in and/or permit a variety of different types of killings. These include military operations, capital punishment, assisted suicide, abortion and self-defense or defense of others. In a pluralistic society, it is no surprise that there will be some members of the population who refuse to participate in some or all of these types of killings. The question of how governments should treat such refusals is older than the Republic itself. Since colonial times, the answer to this question has been driven largely by statutory protections, with the Constitution playing a smaller role, particularly since the …

The Technological Edge, Elizabeth I. Winston

Scholarly Articles

To grant a patent to natural phenomena hinders innovation, taking back from the public that which the public has a right to possess. To deny a patent to man’s manufacture undercuts the fundamental bargain of the patent system. All inventions, at their core, may be deemed natural, rendering it difficult to distinguish between man’s manufacture and natural phenomena. Determining whether the innovative aspect of the product is a technological one, rather than a natural one, can clarify whether the patent grant promotes the progress of science and the useful arts. The higher the level of skill in the art required …

Judicial Challenges To Mandatory Minimum Sentences: A New Frontier In Debate Over Child Pornography Sentencing?, Mary Graw Leary

Scholarly Articles

Over the past decade, federal sentencing issues concerning child pornography have produced considerable legal debate, much of it focused on the application of federal sentencing guidelines as set forth by the United States Sentencing Commission (U.S.S.C.). Many judges have opined that the factors used to calculate the adjusted offense level for some child pornography offenses may be out of date, impracticable, and/or in conflict with 18 U.S.C. 3553(a), which requires, among other things, “just punishments.” Particular concerns have been expressed that strict application of the sentencing guidelines can produce results in which possessors of child pornography (i.e. those who commit …

Fluids, Anomalies And The Chiral Magnetic Effect: A Group-Theoretic Formulation, V. Parameswaran Nair, Rashmi Ray, Shubho Roy

Publications and Research

It is possible to formulate fluid dynamics in terms of group-valued variables. This is particularly suited to the cases where the fluid has nonabelian charges and is coupled to nonabelian gauge fields. We explore this formulation further in this paper. An action for a fluid of relativistic particles (with and without spin) is given in terms of the Lorentz and Poincare (or de Sitter) groups. Considering the case of particles with flavor symmetries, a general fluid action which also incorporates all flavor anomalies is given. The chiral magnetic and chiral vorticity effects as well as the consequences of the mixed …

Response: There Is No Common Law Of Severability, Kevin C. Walsh

Scholarly Articles

In this solicited response to The New General Common Law of Severability, I first offer an interpretation of Ayotte and subsequent Supreme Court decisions as continuous with existing doctrine instead of a departure from it. I then suggest that much of Scoville’s evidence for a federalization of severability doctrine is better viewed as evidence of doctrinal looseness rather than of doctrinal change. I conclude by returning to the lessons of severability’s doctrinal history, suggesting that the prehistory of severability doctrine may supply a better guide for how courts should deal with problems of partial unconstitutionality in the future.

Against Theories Of Punishment: The Thought Of Sir James Fitzjames Stephen, Marc O. Degirolami

Scholarly Articles

This paper reflects critically on what is the near-universal contemporary method of conceptualizing the tasks of the scholar of criminal punishment. It does so by the unusual route of considering the thought of Sir James Fitzjames Stephen, a towering figure in English law and political theory, one of its foremost historians of criminal law, and a prominent public intellectual of the late Victorian period. Notwithstanding Stephen's stature, there has as yet been no sustained effort to understand his views of criminal punishment. This article attempts to remedy this deficit. But its aims are not exclusively historical. Indeed, understanding Stephen's ideas …

Barth, Barthes, And Bergson: Postmodern Aesthetics And The Imperative Of The New, Paul Douglass

Faculty Publications, English and Comparative Literature

No abstract provided.

Literary Annual, Katherine D. Harris

Faculty Publications, English and Comparative Literature

No abstract provided.

In Re Toft; Section 1506 Public Policy Exception Trumps General Grant Of Comity, Malerie Ma

Bankruptcy Research Library

(Excerpt)

Chapter 15 of the Bankruptcy Code allows courts in the United States to recognize the judgments of foreign courts on the basis of comity. Chapter 15's “public policy” exception, however, prevents recognition of such judgments if they are “manifestly contrary to the public policy of the United States.” In re Toft is one of the few cases to deny relief on the basis of the public policy exception. While courts will continue to apply this exception narrowly, In re Toft shows that the public policy exception can be a powerful impediment to requests for aid in foreign insolvency proceedings. …

Joyce Apsel On The Oxford Handbook Of Genocide Studies. Edited By Donald Bloxham & A. Dirk Moses. New York, Ny: Oxford University Press, 2010. 675pp., Joyce Apsel

Human Rights & Human Welfare

A review of:

The Oxford Handbook of Genocide Studies. Edited by Donald Bloxham & A. Dirk Moses. New York, NY: Oxford University Press, 2010. 675pp.

Carlos Figueroa On State Power And Democracy: Before And During The Presidency Of George W. Bush. By Andrew Kolin. New York, Ny: Palgrave Macmillan, 2011. 251pp., Carlos Figueroa

Human Rights & Human Welfare

A review of:

State Power and Democracy: Before and During the Presidency of George W. Bush. By Andrew Kolin. New York, NY: Palgrave Macmillan, 2011. 251pp.

International Organization And Poverty Alleviation, William F. Felice, Diana Fuguitt

Human Rights & Human Welfare

A review of:

The World Trade Organization and Human Rights: Interdisciplinary Perspectives. Edited by Sarah Joseph, David Kinley & Jeff Waincymer. Cheltenham, UK: Edward Elgar. 2009.

and

Global Poverty, Ethics and Human Rights. By Desmond McNeill & Asunción St. Clair. New York, NY: Routledge. 2009.

and

Hypocrisy Trap: The World Bank and the Poverty of Reform. By Catherine Weaver. Princeton, NJ: Princeton University Press. 2008.

Confronting “Indivisibility” In The History Of Economic And Social Rights: From Parity To Priority And Back Again, Roland Burke

Human Rights & Human Welfare

A review of:

Indivisible Human Rights. By Daniel Whelan. Philadelphia: University of Pennsylvania Press. 2010. 269pp.

An Exercise In Economics: Determining “Value” Under § 548 Of The Bankruptcy Code, Gregory R. Bruno

Bankruptcy Research Library

(Excerpt)

Determining whether a debtor receives value for a constructively fraudulent prepetition transfer under section 548 of the Bankruptcy Code can prove troublesome when a debtor receives only an indirect, intangible benefit. Section 548 allows a bankruptcy trustee to avoid and recover a debtor’s prepetition transfers for which the debtor did not receive “reasonably equivalent value.” However, judicial interpretation of the term “value” has greatly limited the kinds of benefits to the debtor that might qualify.

Gold v. Marquette (In re Leonard) both illustrates the limitations that courts have placed on the term “value” for purposes of section …

Prosecutorial Discretion In Assisted Dying In Canada: A Proposal For Charging Guidelines, Jocelyn Downie, Ben White

Articles, Book Chapters, & Popular Press

English Abstract: An Expert Panel of the Royal Society of Canada and a Select Committee of the Québec National Assembly both recently recommended the issuance of permissive guidelines for the exercise of prosecutorial discretion on voluntary euthanasia and assisted suicide and “medical aid in dying” respectively. It seems timely, therefore, to propose a set of offence-specific guidelines for how prosecutorial discretion should be exercised in cases of voluntary euthanasia and assisted suicide in Canadian provinces and territories. We take as our starting point the only existing guidelines of this sort currently in force in the world (i.e. the British Columbia …