Digital Commons Network^™

Not-So-Open Access To Legal Scholarship: Balancing Stakeholder Interests With Copyright Principles, Christopher J. Ryan Jr.

Richmond Journal of Law & Technology

Last February, John P. Holdren, director of the White House Office of Science and Technology Policy, issued a new policy designed to increase open access to federally-financed research. The memorandum, covering federal agencies with annual expenditures in excess of $100 million for scientific research and development, requires, inter alia, that: (1) agencies develop “clear and coordinated policies” to make federally- funded studies freely available to the public within one year of publication, and (2) researchers account for and manage the digital data resulting from federally-funded scientific research. In addition, the policy requires data from publicly-funded research to be stored for …

The Causal Context Of Disparate Vote Denial, Janai S. Nelson

Faculty Publications

For nearly fifty years, the Voting Rights Act of 1965 ("VRA") and its amendments have remedied racial discrimination in the electoral process with unparalleled muscularity. Modern vote denial practices that have a disparate impact on minority political participation, however, increasingly fall outside the VRA's ambit. As judicial tolerance of disparate impact claims has waned in other areas of law, the contours of Section 2, one of the VRA's most powerful provisions, have also narrowed to fit the shifting landscape. Section 2's "on account of race" standard to determine discrimination in voting has evolved from one of quasi-intent determined by a …

Marks, Morals, And Markets, Jeremy N. Sheff

Faculty Publications

The prevailing justification for trademark law depends on economic arguments that cannot account for much of the law's recent development, nor for mounting empirical evidence that consumer decisionmaking is inconsistent with assumptions of rational choice. But the only extant theoretical alternative to economic analysis is a Lockean "natural rights" theory that scholars have found even more unsatisfying. This Article proposes a third option. I analyze the law of trademarks and unfair competition as a system of moral obligations between producers and consumers. Drawing on the contractualist tradition in moral philosophy, I develop and apply a new theoretical framework to evaluate …

The Cplr At Fifty: A View From Academia, Vincent C. Alexander

Faculty Publications

(Excerpt)

First and foremost, teaching students in an advanced civil procedure course that concentrates on the CPLR helps them prepare for civil litigation in all of the state courts of New York. As we all know, New York has numerous civil courts of original subject matter jurisdiction--a distressing feature for students and litigants alike. What is sometimes overlooked, however, is that the CPLR governs the procedure in all of those courts unless some specific statute says otherwise. Even for students who intend to practice law in other states, an in-depth study of the CPLR will enhance their ability to cope …

On Membership, Humility, And Pedagogical Responsibilities: A Correspondence On The Work Of Wendell Berry, Rebecca A. Martusewicz, Jeff Edmundson, Richard Kahn

Mid-Western Educational Researcher

Wendell Berry is a novelist, essayist, conservation activist and farmer who has had a lot to say over the last half century about the impact of modern industrial society on small farm communities and the land especially since WWII. In this three-way conversation, the authors take up central aspects of Berry’s work to think about how it has influenced their thinking as teacher educators focused on the intersections between social and ecological crises challenging our world. Themes of responsibility, leadership, community membership, friendship, “settler colonialism,” racism, land use, and ecological sustainability are brought to bear on education for just and …

"Why Isn’T There A Cure?" Emerging Empathy And Prosocial Behaviors Among Middle Childhood Children Responding To Real-World Issue Lessons, Hyeyoung Bang

Mid-Western Educational Researcher

The purpose of this study was to explore empathy and prosocial behaviors within real-world issues among Korean middle-childhood children living in Australia. Using a qualitative approach, seven students were engaged in six sessions of group or individual activities including five sessions of responding to video vignettes which demonstrated real-world issues related to children’s rights (poverty, war, child labor, environment, or disease) and one session for reflection. Analysis of data revealed emotional empathy including empathetic distress, empathetic anger, and emotional dissonance. Cognitive empathy was expressed through role-taking, comparison, and identification. Expressions of emotional and cognitive empathy, and prosocial intentions were linked …

The Arguments And Data In Favor Of Minimum Grading, James Carifio, Theodore Carey

Mid-Western Educational Researcher

The arguments and for and against minimum grading systems have grown increasingly more intense and acrimonious in the past decade. However, there has been an absence of empirical data, theory and clear comparative analyses of conflicting points of view. Critics of minimum grading contend that the practice will produce grade inflation and social promotions of those students receiving minimum grades as the two chief arguments against minimum grading practices. In our retrospective study, we found no evidence of grade inflation or social promotion of those students receiving minimum grades in a large urban High School using a school-wide macro minimum …

Connected Representations Of Knowledge: Do Undergraduate Students Relate Algebraic Rational Expressions To Rational Numbers?, Jennifer Yantz

Mid-Western Educational Researcher

The attainment and retention of later algebra skills in high school has been identified as a factor significantly impacting students’ postsecondary success as STEM majors. Researchers maintain that learners develop meaning for algebraic procedures by forming connections to the basic number system properties. In the present study, the connections students form between algebraic procedures and basic number properties in the context of rational expressions was investigated. An assessment given to 107 undergraduate students in Precalculus that contained three pairs of closely matched algebraic and numeric rational expressions was analyzed. McNemar’s test indicated that the undergraduate students’ abilities related to algebraic …

A Balanced Participatory Knowledge Management Strategy In International Development Organizations: The Case Of Cida Egypt, Hadia Fakhreldin

Business Administration

This study is focusing on developing and implementing KM strategies in the international development organizations. The aim of the research is to investigate whether there is an agreed upon model for developing a KM system that achieves an effective and successful implementation. It proposes a model based on examining some distinguished attempts made so far in that area world-wide, in addition to focusing on the experience of one international development agency, CIDA, Egypt. The study uses the case study method to examine thoroughly the experience of the Canadian Agency for International Development in Egypt, in designing and implementing a KM …

The Effect Of Talent Management On Organizational Success: A Comparative Study In The Petroleum Sector In Egypt, Hadia Fakhreldin

Business Administration

Multinational companies started introducing and implementing talent management (TM) in the 1990s. It is now popular in the private and non-governmental sector, as well. The idea is to identify talent and manage it in the best way that benefits both the organization and the employee. There is a significant relationship between investments in talents and the ability to achieve and maintain high performance. When organizations manage human capital as a strategic asset, they will have the type of skilled workforce that is the key to achieve sustained business results and ultimately successful outcomes. This study examines the effect of TM …

Identification And Molecular Characterization Of A Receptor-Like Protein Kinase Gene From Corchorus Capsularis, Kh. Ambareen Reza, Sazia Sharmin, Mahdi Muhammad Moosa, Niaz Mahmood, Ajit Ghosh, Rifat Ara Begum, Haseena Khan

Turkish Journal of Biology

A leucine-rich repeat-containing protein kinase (LRR-PK) gene has been identified in Corchorus capsularis. This gene, named CcLRR-RLK1, is 3032 bp long and encodes a protein composed of 958 amino acid residues. The deduced peptide contains 3 distinctive domains: a transmembrane domain, 5 leucine-rich repeat-containing motifs, and a serine/threonine protein kinase domain. Expression analysis indicated that the gene is reduced by several environmental stresses including high salt, fungus, and abscisic acid, suggesting its possible involvement in multiple stress response pathways.

Antimicrobial, Antioxidant, And Synergistic Properties Of Two Nutraceutical Plants: Terminalia Catappa L. And Colocasia Esculenta L., Sumitra Chanda, Kalpna Rakholiya, Komal Dholakia, Yogesh Baravalia

Turkish Journal of Biology

Antibiotics have been effective in treating infectious diseases, but resistance to these drugs has led to the emergence of new and reemergence of old infectious diseases. Using a combination of plant extracts and antibiotics is one way of combating these multidrug-resistant microorganisms. The aim of this investigation was to evaluate the antimicrobial and antioxidant properties of 2 nutraceutical plants: Terminalia catappa and Colocasia esculenta. The antimicrobial activity of the plants was evaluated against 25 microorganisms by agar well diffusion method. C. esculenta did not show any antimicrobial activity against bacteria and fungi. Therefore, only methanol extract of T. catappa was …

Memory-Enhancing Effects Of The Leptin Hormone In Wistar Albino Rats: Sex And Generation Differences, Alper Karakaş, Hami̇t Coşkun, Fevzi̇ye Umut Kizilkaya

Turkish Journal of Biology

Leptin is a hormone secreted by adipose tissue that informs the brain about the fat stores of the body. In this study, we examined the effects of timed leptin injections on spatial memory performances of adult and juvenile male and female Wistar rats with the Morris water maze test. We applied the injections and conducted the training trials for 4 days. On the fifth day after leptin injections, the experiments were performed. The activities were recorded and analyzed with the Noldus Ethovision Animal Video Tracking System. The results show that the spatial memory performance of the rats was improved by …

Investigation Of Ll-37-Mediated Sirna Transfection, Mustafa Yalçinkaya, Şahru Yüksel

Turkish Journal of Biology

RNA interference is not only an important tool for studying protein function; it also holds many promises for the treatment of a variety of diseases in which the function of unwanted proteins needs to be suppressed. For small interfering RNA (siRNA) to be used as a therapeutic agent, the biggest hurdle is to find the right delivery agent that is both nontoxic to the cells and efficient in delivery. Synthetic and natural peptides from a variety of organisms have been investigated for this purpose. However, there is still no agent or formulation that has been approved for siRNA delivery. Antimicrobial …

A Comparative Study Of Egf Effects On In Vitro Bovine Embryo Development In Monoculture And Sequential Media, Azadeh Zahmatkesh, Mahmood Amiri Roudbar, Morteza Daliri Joupari

Turkish Journal of Biology

Different culture system conditions can affect cleavage, zygote genome activation, embryo development, and viability. The purpose of the present study was to compare a monoculture synthetic oviductal fluid medium with modified sequential G1/G2 media and also to investigate the effect of epidermal growth factor (EGF) on bovine embryo development. Oocytes were aspirated from 2- to 6-mm ovarian follicles and matured in maturation media. After in vitro fertilization of matured oocytes, presumptive zygotes were cultured in test media with or without additional exogenous EGF. Results indicated that EGF significantly increased blastocyst formation but not cleavage rate in both media. There was …

Micropropagation And Antimicrobial Activity Of Curcuma Aromatica Salisb., A Threatened Aromatic Medicinal Plant, Shamima Akhtar Sharmin, Mohammad Jahangir Alam, Md. Mominul Islam Sheikh, Rashed Zaman, Muhammad Khalekuzzaman, Sanjoy Chandra Mondal, Mohammad Anwarul Haque, Mohammad Firoz Alam, Iftekhar Alam

Turkish Journal of Biology

A rapid and improved micropropagation protocol was developed for Curcuma aromatica, a threatened aromatic medicinal plant, using rhizome sprout as the explant. Stepwise optimization of different plant growth regulators, carbon sources, and basal media was adopted to establish an efficient micropropagation protocol. When cytokinins, such as benzyl amino purine (BAP) or 6-(\alpha,\alpha-dimethylallylamino)-purine (2iP), were used either singly or in combination with naphthalene acetic acid (NAA) for shoot induction and multiplication, a single use of BAP was the most effective. As a carbon source, 3% (w/v) sucrose exhibits the greatest promotive effect on shoot initiation and proliferation compared with other carbon …

Protecting The Sanctity Of Human Life: The Catholic Church & Her Relationship With Hiv/Aids Prevention, Emma Joanne Burke

Master's Theses and Capstones

Though prevention is the most stressed component of the global fight against HIV/AIDS, global agreement regarding the most successful prevention method does not exist. For example, the majority of the medical and scientific community agrees that condoms and other safe-sex practices are the key to reducing the number of HIV transmissions, while the Catholic Church and her ranking officials claim that abstinence and monogamy are the only moral solutions.

This Thesis examines the policies of the Church, including her dedication to the protection of the sanctity of human life, in an attempt to determine if the Church's words are shaping …

Socioeconomic Status, Mastery, And Goal-Striving Stress Among Rural Youth, Michael S. Staunton

Master's Theses and Capstones

Although a growing body of research documents the links between goal-striving stress and emotional disorder, less research examines the psychosocial antecedents of goal-striving stress. Drawing on longitudinal survey data from a panel study of rural youth, this thesis examines the effects of socioeconomic status and mastery on educational goal-striving stress, occupational goal-striving stress, and combined goal-striving stress. Results indicate that each measure of goal-striving stress is not equally well predicted by socioeconomic status and mastery. Notably, the effects of socioeconomic status on occupational goal-striving stress and combined goal-striving stress are conditioned by mastery, while neither socioeconomic status nor mastery is …

The Dilemma Of Response Among Early Childhood Educators To Rough-And Tumble Play In Educational Settings: Moving Beyond Expectations And Rediscovering Play, Carrie L. Smart

Master's Theses and Capstones

Early childhood educators often may struggle to find appropriate responses to rough-and-tumble play due to its unpredictable and risky nature. This case study examines the challenge of how two early childhood special educators in two inclusive public preschool classrooms make decisions about rough-and-tumble play for 4-year-old children. The stories presented are descriptive and based in an ecological context. Through the triangulation of interview, anecdotal observations, and frequency counts, three major themes of Teacher Beliefs, Context, and Teacher Reflection and Awareness emerged, illustrating the complex phenomenon of teacher response to rough-and-tumble play in inclusive settings. Analysis of the data revealed that …

Industrialising Software Development In Systems Integration, Matthias Ernst Minich

School of Engineering, Computing and Mathematics Theses

Compared to other disciplines, software engineering as of today is still dependent on craftsmanship of highly-skilled workers. However, with constantly increasing complexity and efforts, existing software engineering approaches appear more and more inefficient. A paradigm shift towards industrial production methods seems inevitable. Recent advances in academia and practice have lead to the availability of industrial key principles in software development as well. Specialization is represented in software product lines, standardization and systematic reuse are available with component-based development, and automation has become accessible through model-driven engineering. While each of the above is well researched in theory, only few cases of …

Masthead And 2012/2013 Editorial Board Bios, Journal Of Law And Health

Journal of Law and Health

No abstract provided.

The Dark Side Of The Boom: The Peculiar Dilemma Of Modern False Claims Act Litigation, David S. Torborg

Journal of Law and Health

Spurred by treble damages, substantial penalties, and lucrative relator awards, litigation under federal and state False Claims Act (“FCA”) statutes has exploded in recent years. Much of that explosion stems from aggressive and creative legal theories that challenge controversial industry practices or even well-known loopholes or waste in government policy. Evidence from governmental entities can be critically important in litigating these FCA claims. Unique aspects of False Claims Act actions, however, can aggravate the risk of losing this important evidence, leaving the parties, judges, and juries without the evidentiary record necessary to equitably adjudicate these disputes. Defendants can face the …

The Not-So-Artful Dodger: The Mccourt-Selig Battle And The Powers Of The Commissioner Of Baseball, Matthew L. Winkel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Personal Factory Or Catalyst For Piracy? The Hype, Hard Realities Of Consumer 3-D Printing, Charles W. Finocchiaro

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Right To Palimony: Why New York Should Change Its Law To Enforce Claims Between Unmarried Cohabitants, Ashley Frankel

Cardozo Journal of Equal Rights & Social Justice

The note advocates for legal reform in New York to align its palimony laws with New Jersey's approach, emphasizing the need for written and attorney-reviewed agreements to reduce ambiguity and litigation. It highlights the growing trend of unmarried cohabitation and the urgency of establishing clear legal frameworks to address the needs of such couples.

Sex-Parate But Equal? The Legality Of Single-Sex Public Schools And Their Discriminatory Effect On Transgender Students, Bryana Turner

Cardozo Journal of Equal Rights & Social Justice

The note argues that single-sex public schools are both legally problematic and harmful, particularly to transgender students. It contends that such schools violate Title IX of the Education Amendments of 1972 and are unconstitutional under the precedent set by Brown v. Board of Education. The analysis highlights the discriminatory effects of single-sex education, which perpetuates gender stereotypes and fails to accommodate transgender students, who are disproportionately affected by such policies.

Graffiti Artists “Get Up” In Intellectual Property’S Negative Space, Al Roundtree

Cardozo Arts & Entertainment Law Journal

No abstract provided.

International Advertising Education In A Digital World: Achieving Global Competency, Frauke Hachtmann, Nancy Mitchell, Bruce Mitchell, Sheila Sasser

College of Journalism and Mass Communications: Faculty Publications

No abstract provided.

Book Review: Alphabet To Internet: Media In Our Lives, Sue Burzynski Bullard

College of Journalism and Mass Communications: Faculty Publications

Technology has changed virtually every aspect of communication. As more of us adapt to news and information delivered almost instantly on devices that handily fit into a pocket, we’ve become accustomed to new tools and quick changes. Irving Fang’s second edition of Alphabet to Internet puts it all in perspective, starting with the dawn of writing and including today’s 140-character Tweet. In a word, the impact is mind-boggling.

Integrating Evidence-Based Practices Into Public Relations Education, Karen Freberg, David L. Remund, Kathy Keltner-Previs

College of Journalism and Mass Communications: Faculty Publications

Public relations continue to play an essential and changing role in society, requiring the regular reassessment of the education of future public relations practitioners. Academics and practitioners often differ in how they view the public relations field, how they define the discipline, and how they view the major pedagogical approaches. This paper explores the impact of integrating three different perspectives in public relations education, including practitioner perspective, client perspective, and the evidence-based perspective. Results from students’ reaction papers and an online questionnaire suggest that integrating an evidence-based approach improves the competence and clarity of communications counsel provided by aspiring practitioners.