Digital Commons Network^™

The Institutional Progress Clause, Jake Linford

Vanderbilt Journal of Entertainment & Technology Law

There is a curious anomaly at the intersection of copyright and free speech. In cases like Citizens United v. Federal Election Commission, the United States Supreme Court has exhibited a profound distaste for tailoring free speech rights and restrictions based on the identity of the speaker. The Copyright Act, however, is full of such tailoring, extending special rights to some classes of copyright owners and special defenses to some classes of users. A Supreme Court serious about maintaining speaker neutrality would be appalled.

A set of compromises at the heart of the Copyright Act reflects interest-group lobbying rather than a …

Appropriation Without Representation? The Limited Role Of Indigenous Groups In Wipo's Intergovernmental Committee On Intellectual Property And Genetic Resources, Traditional Knowledge, And Folklore, Veronica Gordon

Vanderbilt Journal of Entertainment & Technology Law

The World Intellectual Property Organization's (WIPO) Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore (IGC) is currently engaged in text-based negotiations to develop an international legal instrument, or set of instruments, that will effectively protect traditional knowledge, traditional cultural expressions, and genetic resources. Yet, the people who will arguably be most affected by the ultimate instrument(s)--indigenous peoples and local communities--are not able to fully participate in these negotiations. Instead, WIPO deems them "Observers." They cannot formally present proposals, amendments, or motions, and cannot vote at IGC sessions. Thus, their limited influence implicates questions of equity, sovereignty, …

Accessing Law: An Empirical Study Exploring The Influence Of Legal Research Medium, Stefan H. Krieger, Katrina F. Kuh

Vanderbilt Journal of Entertainment & Technology Law

The legal profession is presently engaged in an uncontrolled experiment. Attorneys now locate and access legal authorities primarily through electronic means. Although this shift to an electronic research medium radically changes how attorneys discover and encounter law, little empirical work investigates impacts from the shift to an electronic medium.

This Article presents the results of one of the most robust empirical studies conducted to date comparing research processes using print and electronic sources. While the study presented in this Article was modest in scope, the extent and type of the differences that it reveals are notable. Some of the observed …

Trends In Global Nanotechnology Regulation: The Public-Private Interplay, Reut Snir

Vanderbilt Journal of Entertainment & Technology Law

Over the last decade, concerns regarding potential exposure to nano materials gave rise to substantial new regulation intended to ensure safe development of nanotechnology applications. This Article examines the resultant regulatory system through empirical analysis of trends and patterns in global development of nanotechnology regulatory initiatives. It argues that rather than a government-driven process, it was private actors who set the regulatory wheels in motion. This Article shows that under conditions of scientific uncertainty, governments lacking technical and scientific knowledge to support risk-based regulation often leave a regulatory void. Consequently, businesses apply self-risk-management strategies to fill the gap, leading the …

Digital Interactive Games For Assessment: A Study Of The Effectiveness Of A Digital Game As A Measure Of Students' Understanding Of Boolean Logic, Mohammad Ali Haji

Electronic Theses and Dissertations

Digital games have been used mostly for entertainment but recently researchers have started to use digital games in other areas such as education and training. Researchers have shown that digital games can provide a compelling, creative, and collaborative environment for learning. However, the popularity of computers and the Internet brings this question to mind: Are the assessment methods falling behind and remaining traditional? Will the traditional methods of learning and knowledge assessment be sufficient for this new generation who are starving for new technology? This study investigates the effectiveness of using a digital interactive game as an assessments method - …

Blivits!, Charles Sutter

Electronic Theses and Dissertations

Blivits! is a feature-length documentary produced, written, and directed by Charles Sutter in pursuit of the Master of Fine Arts in Film & Digital Media from the University of Central Florida. This thesis examines the ethical questions of making a documentary in the digital era. In accordance with the restrictions of the program's guidelines, this film was completed a budget of less than $50,000. The film was shot over 18 days, in various locations up and down the east coast of the United States. This thesis is the record of Blivits!'s journey through development until completion of picture lock.

Financial Forest, Karen Carlson

Electronic Theses and Dissertations

Regular savings behavior is critical for low-income Americans to achieve financial mobility. New technology tools are being used to improve personal awareness and attention to financial goals. This thesis reviews mobile learning (mLearning) research and leading commercial personal finance smartphone apps, both of which inform the design of Financial Forest, a savings app. Participants in the 4-week Financial Forest savings study are found to have a statistically significant improved perception of the difficulty of building an emergency fund.

Gayme: The Development, Design And Testing Of An Auto-Ethnographic, Documentary Game About Quarely Wandering Urban/Suburban Spaces In Central Florida., David Moran

Electronic Theses and Dissertations

GAYME is a transmedia story-telling world that I have created to conceptually explore the dynamics of queering game design through the development of varying game prototypes. The final iteration of GAYME is @deadquarewalking'. It is a documentary game and a performance art installation that documents a carless, gay/queer/quare man's journey on Halloween to get to and from one of Orlando's most well-known gay clubs - the Parliament House Resort. "The art of cruising" city streets to seek out queer/quare companionship particularly amongst gay, male culture(s) is well-documented in densely, populated cities like New York, San Francisco and London, but not …

Multilevel Examination Of Facility Characteristics, Social Integration, And Health For Older Adults Living In Nursing Homes, Skye Leedahl, Rosemary Kennedy Chapin, Todd D. Little

Human Development and Family Science Faculty Publications

Objectives. Testing a model based on past research and theory, this study assessed relationships between facility characteristics (i.e., culture change efforts, social workers) and residents’ social networks and social support across nursing homes and examined relationships between multiple aspects of social integration (i.e., social networks, social capital, social engagement, social support) and mental and functional health for older adults in nursing homes.

Methods. Data were collected at nursing homes using a planned missing data design with random sampling techniques. Data collection occurred at the individual-level through in-person structured interviews with older adult nursing home residents (N = 140) and …

Book Review Of Gary Olson's "Empathy Imperiled: Capitalism, Culture And The Brain, Kris Franklin

Other Publications

No abstract provided.

Backlash And Marriage Equality, Arthur S. Leonard

Other Publications

No abstract provided.

Arab Spring In Tunisia And Egypt: The Impact Of New Media On Contemporary Social Movements And Challenges For Social Movement Theory, Victoria Carty

Sociology Faculty Articles and Research

The events of Arab Spring were shocking for those who study societal movements as long-term dictators were swiftly removed from office and a democratic wave hit the region. Although the outcomes of the Arab Spring revolutions are yet to be determined, what we can gleam from these outbursts of collective behavior is that new media platforms played a significant role in the planning and mobilization efforts that brought people onto the streets and posed serious challenges to the existing political systems. This paper examines the importance of the communication field in influencing the political environment and motivating ordinary citizens to …

All That Heaven Will Allow: A Statistical Analysis Of The Co-Existence Of Same Sex Marriage And Gay Matrimonial Bans, Deirdre Bowen

Faculty Articles

This article offers the first analysis to date of national data evaluating whether defense of marriage acts (mini or super-DOMAs) preserve and stabilize the family. After finding that they do not—just as same sex marriage does not appear to destabilize families—the article analyzes what variables are, in fact, associated with family stability. Specifically, those variables are: families below the poverty line; men and women married three or more times; religiosity; percent conservative versus liberal in a state; disposable income; percent with bachelor’s degree; and median age of first marriage. Next, the article applies the sociological concepts of moral entrepreneurism and …

Citizens United & The First Amendment Of Labor Law, Charlotte Garden

Faculty Articles

The Supreme Court's decision in Citizens United v. Federal Election Commission sparked a widespread dialogue about the fundamental First Amendment right of free speech and the future of election spending. This article contributes to that dialogue with a focus on how the Citizens United decision affects labor unions. After explaining the Court's rationale in Citizens United, the author juxtaposes Citizens United with earlier cases concerning the First Amendment rights of labor unions. Specifically, the article explores inconsistencies in two areas: first, labor protest rights, as to which pre-Citizens United Supreme Court decisions upheld certain speaker-based restrictions on protest tactics; and …

This Is Your Sword: Does Plaintiff Prior Conviction Evidence Affect Civil Trial Outcomes, Deirdre Bowen, Kathryn Stanchi

Faculty Articles

The conventional wisdom in law is that a prior conviction is one of the most powerful and damaging pieces of evidence that can be offered against a witness or party. In legal lore, prior convictions seriously undercut the credibility of the witness and can derail the outcome of a trial. This article suggests that may not always be true. This article details the results of an empirical study of juror decision-making that challenges the conventional wisdom about prior convictions. In our study, the prior conviction evidence did not have a direct impact on the outcome of the civil trial or …

A Continuing Plague: Faceless Transactions And The Coincident Rise Of Food Adulteration And Legal Regulation Of Quality, Denis Stearns

Faculty Articles

Over two decades ago, the Jack in the Box E. coli outbreak, in which five victims died, and hundreds more were seriously injured, dramatically changed the way the world looked at food and food safety. Although deemed “trivial” by tort scholars, who nonetheless used legal doctrines first developed in food cases to justify the extension of strict liability to all products, this article uses the Jack in the Box outbreak as a point of departure for exploring not only the relationship between food, being, and knowledge, but to posit that commerce in food, and the inevitability of profit-motivated food adulteration, …

Bearing Children, Bearing Risks: Feminist Leadership For Progressive Regulation Of Compensated Surrogacy In The United States, Sara Ainsworth

Faculty Articles

Compensated surrogacy-an arrangement in which a woman carries and gives birth to a child for someone else in exchange for money-intimately affects women. Yet, feminist law reformers have not led efforts to regulate this practice in the United States. Their absence is notable given the significant influence of feminist lawmaking in a host of other areas where women's interests are at stake. This lack of feminist law reform leadership can be understood, however, in light of the complex issues that surrogacy raises-complexity that has long divided feminists. In response to efforts to pass surrogacy legislation in Washington State in 2010, …

The China-Africa Factor In The Contemporary Icsid Legitimacy Debate, Won Kidane

Faculty Articles

The International Centre for the Settlement of Investment Disputes (ICSID), affiliated with the World Bank, was created at a time when most African countries had just gained independence and foreign investment required a more legitimate protection in the former colonies. The ICSID Convention, which set up the Centre, came into force on October 14, 1966. The majority of the ICSID cases involved Africa, Western Europe, and North America. Today, Africa's largest infrastructure financier is no longer the World Bank—it is China. China does not have as much experience with ICSID as Africa, although it has shown interest in pursuing investment …

Does Shari’A Play A Role In Turkey?, Russell Powell

Faculty Articles

This essay explores the relationship of religious law with contemporaryTurkey. The essay discusses certain civil law supporting the adoption of Sharia in Turkey, the role of religious people in providing protection to religious freedom in Turkey, and the role of traditional Kemalist secularism laiklik in distinguishing Turkey.

Mass Shootings And Mental Health Policy, Jessica Rosenberg

The Journal of Sociology & Social Welfare

Research suggests that mass shootings can increase mental health stigma, reinforce stereotypes that people with mental illness are violent, and influence public policy. This article examines mental health policy initiatives resulting from the mass shootings in Sandy Hook, Connecticut and Aurora, Colorado within the context of existing research about mental illness, suicide, substance abuse and gun violence. Previous legislation that restricts access to firearms among persons with mental illness is reviewed. The article suggests that gun control legislation that focuses on persons with mental illness is not supported by research, may create barriers to treatment, and may have limited efficacy …

The Neglect Of Network Theory In Practice With Immigrants In The Southwest, Emilia Martinez-Brawley, Paz M-B. Zorita

The Journal of Sociology & Social Welfare

This paper reviews selected theories of international migration including social network and human capital. It discusses the nature of social networks among immigrants and the costs and benefits for the sending and receiving countries. The history of social network theory in social work practice is revisited. Given the current importance of immigration in the Southwest, the strength and limitations of applying networking principles in practice with immigrants in the border areas are included. This article does not focus on the complexity of networks among refugees or asylum seekers, where government population dispersion or resettlement policies might change their circumstances.

Review Of The Latino Threat: Constructing Immigrants, Citizens And The Nation. Leo R. Chavez. Reviewed By Catherine Carballeira., Catherine Carballeira

The Journal of Sociology & Social Welfare

Review of:

Leo R. Chavez, The Latino Threat: Constructing Immigrants, Citizens and the Nation. Stanford University Press (2nd ed.) (2013). $70 (hardcover); $22.95 (paperback).

Journal Of Sociology & Social Welfare Vol. 41, No. 2 (June 2014)

The Journal of Sociology & Social Welfare

Table of Contents

INTRODUCTION TO THE SPECIAL ISSUE - Howard Karger, James Midgley, and Subas Risal

AUSTERITY VERSUS STIMULUS: THEORETICAL PERSPECTIVES AND POLICY PRESCRIPTIONS - James Midgley

THE BITTER PILL: AUSTERITY, DEBT, AND THE ATTACK ON EUROPE'S WELFARE STATES - Howard Karger

BETWEEN RETRENCHMENT AND RECALIBRATION: THE IMPACT OF AUSTERITY ON THE IRISH SOCIAL PROTECTION SYSTEM - Fiona Dukelow and Mairéad Considine

ITALIAN WELFARE IN THE AFTERMATH OF ECONOMIC CRISIS: NEOLIBERAL REFORMS AND LIMITS TO THE PATH DEPENDENCY APPROACH - Ijin Hong

DEFICIT-DRIVEN AUSTERITY POLICIES: EFFECTS ON LOCAL GOVERNMENT AND SOCIAL WELFARE IN THE UNITED STATES - David Miller and …

Italian Welfare In The Aftermath Of The Economic Crisis: Neoliberal Reforms And Limits To The Path Dependency Approach, Ijin Hong

The Journal of Sociology & Social Welfare

The 2008 world economic crisis provided a plausible rationale for policy makers in Italy to push forward long needed welfare cuts, resulting in the neoliberal austerity trend fostered by the Monti government (2011-2012). This paper seeks to understand the logic behind the welfare reforms in Italy after the 2008 economic crisis by describing implemented measures and reviewing available theoretical approaches in literature that could account for the reforms’ neoliberal shift from a path-dependent theoretical approach. It is argued that external forces, that is the economic crisis and EU pressures, represented the main trigger, and that political elites marginalized the role …

Queensland's Budget Austerity And Its Impact On Social Welfare: Is The Cure Worse Than The Disease?, Gregory Marston

The Journal of Sociology & Social Welfare

While considerable attention has been paid to the austerity experiments in Europe, much less attention has been paid to austerity case studies from other parts of the world. This paper examines the case of Queensland, Australia, where the government has pursued austerity measures, while making dire warnings that unless public debt was slashed and the public service sector downsized, Queensland risked becoming the Spain of Australia. The comparison is incomprehensible, given the very different economic situation in Queensland compared with Spain. This comparison constructed a sense of crisis that helped to mask standard neoliberal economic reform. While pursuing neoliberal economic …

Review Of The New Black: What Has Changed – And What Has Not – With Race In America. Kenneth W. Mack & Charles Guy-Uriel (Eds.). Reviewed By Johnnie Hamilton-Mason., Johnnie Hamilton-Mason

The Journal of Sociology & Social Welfare

Kenneth W. Mack & Charles Guy-Uriel (Eds.), The New Black: What Has Changed – and What Has Not – with Race in America. The New Press (2013). $21.95 (paperback).

Latino Migration To Protestantism: A Historical, Socio-Cultural, Ecclesiastical Analysis, Larry Ortiz

The Journal of Sociology & Social Welfare

The “browning of America” in the 21st century has brought about many social changes within the heterogeneous group known as Latinos and among the general U.S. population and its other ethnic groups. One notable change is religious preferences among recent immigrants and second and third generation Latinos in favor of Protestantism. Although Latinos have for many years had a limited presence among Protestant groups, over the last decade or two there has occurred a significant defection from the Roman Catholic Church to evangelicalism in particular. The implications of this are quite unknown to social workers and social scientists but are …

Exploring Factors Associated With Citizens’ Perception Of Their Political Environment: Evidence From Palestine, Najwa S. Safadi, Margaret Lombe

The Journal of Sociology & Social Welfare

This study explores factors associated with citizens’ perception of their political environment in Palestine (N = 1270). Understanding these factors in this context has potential to enhance knowledge in relation to features that may be associated with dissatisfaction and civil unrest. This knowledge may help inform development of policies with greater potential to improve welfare. Overall, results of this study suggested that gender, government anti-corruption initiatives, and the country’s economic condition are important in explaining appraisal of the political environment as stable or unstable. Implications for welfare and scholarship are discussed.

The Anti-Federalists’ Toughest Challenge: Paper Money, Debt Relief, And The Ratification Of The Constitution, George Van Cleve

Faculty Articles

During the mid-1780s many American states facing widespread financial and social instability in the aftermath of the Revolutionary War actively managed their economies. They authorized paper money, adopted debtor-relief measures, or both. Several historians of these anti-recession measures conclude that such efforts were beneficial. But despite that, the Constitution, as contemporaries understood it, abrogated state powers to issue paper money or provide debtor relief in Article I, Section 10. During ratification, Anti-Federalists were often silent on Section 10, though there were exceptions and popular support for paper money and debtor relief probably prevented ratification in some states. Anti-Federalists did not …

Foreword: Looking Back, Moving Forward: Latin Roots Of The Modern Global And Global Orientation Of Latcrit, Tayyab Mahmud

Seattle Journal for Social Justice

No abstract provided.