Digital Commons Network^™

Copyright = Speech, Derek E. Bambauer

Emory Law Journal

Expression eligible for copyright protection should be presumptively treated as speech for First Amendment purposes. Both copyright and the First Amendment share the goal of fostering the creation and dissemination of information. Copyright¿s authorship requirement furnishes the key link between the doctrines. This Essay examines where the two areas of law align and conflict in offering or denying protection. Using copyright law as a guide for the First Amendment offers three benefits. First, many free speech problems can be clarified when examined through copyright¿s lens. Second, this approach makes the seeming puzzle of non-human speakers understandable. Finally, it can help …

Transparency In First Amendment Doctrine, David S. Han

Emory Law Journal

The broad tension between rule-like categorical approaches and standard-like balancing approaches to doctrinal design has been a longstanding issue within First Amendment jurisprudence. This Article focuses on one particular dimension of this broad theoretical question: the idea of doctrinal transparency. When doctrine is transparent, it encourages or forces courts to analyze cases openly, in a fashion that elicits direct discussion of foundational speech value and speech harm issues. Such transparency is particularly valuable within the First Amendment context, where difficult or novel questions of speech value and harm are often avoided or distorted by doctrinal formalities and empty sloganeering. Through …

A Troubling Collision: Overbroad Coercion Statutes And Unchecked State Prosecutors, Elizabeth Rosenwasser

Emory Law Journal

Overbroad laws trespass on First Amendment rights of expression. Overbroad coercion statutes, which prohibit communication limiting a listener¿s legitimate options, exist in a variety of states and municipalities. By failing to narrowly prohibit unlawful coercive speech, these overbroad statutes criminalize a broad range of protected First Amendment speech. These statutes can be particularly problematic for political actors because they can criminalize political bargains and discussion characteristic of the American political system. As the crime control model has grown, state prosecutors¿ charging power and discretion have vastly increased. This Comment argues for a judicial and legislative response to this problem and …

Selected Student Research - Ignite: Research The Sea, Kelly Whealan-George, Aaron D. Clevenger

Publications

Selected Student Research - Ignite: Research the SEA is an introduction to selected undergraduate research articles that focus on the Southeast Asian aviation community. This section of the text also introduces readers to the concept of short-term undergraduate research abroad and the methodologies that were taught to students doing rapid research during one such program.

Opportunities To Create Active Learning Techniques In The Classroom, Danielle J. Camacho, Jill M. Legare

Publications

The purpose of this article is to contribute to the growing body of research that focuses on active learning techniques. Active learning techniques require students to consider a given set of information, analyze, process, and prepare to restate what has been learned--all strategies are confirmed to improve higher order thinking skills. Active learning techniques transform complacent and apprehensive learners into active participants in the process. Group assignments and peer review scenarios establish a setting fostering the notion that students who teach one another are essentially learning to teach themselves. Technology in the 21st century allows instructors to incorporate active learning …

Profiling Organizational Culture Of Different Sectors In Pakistan, Zaki Rashidi, Nadeem A. Syed, Sajida Zaki

Business Review

Organizational Culture is gaining importance in the modern organization theory and research. Mangers are more emphasizing to understand the culture and climate of their organization to enhance the effectiveness and productivity of the organization. Organizational development practitioners and change management flag bearers harmoniously favoring to comprehend the culture of any organization for any kind of change or transformation. Organizational Culture Profile (OCP) provides the basic tool to analyze and figure out the type and nature of cultural stream of any organization. The OCP helps to create the cultural-profile of the organization through a survey of the employees. This study encompasses …

Impact Of Board Characteristics And Audit Committee On Financial Performance: A Study Of Manufacturing Sector Of Pakistan, Arfan Ali, Saad Bin Nasir

Business Review

The research will examine the role of corporate governance (CG) practices on firm’s financial performance. Population of this research will be manufacture sector of Pakistan. For the purposes of measurement of impact of corporate governance practices such as board size, board independence, CEO/chairman duality and audit committee will take as independent variables and for the measurement of firm’s performance return on assets and return on equity will take as dependent variables. Panel data regression model will used to estimate the impact of CG on firm performance.

‘But Math Is My Subject’ - A Study Of Motivational Beliefs And Self-Regulated Learning As A Predictor Of Goal Orientation In Secondary School Students, Shamila Nabi Khan, Maria Khan

Business Review

The relations between three goal orientations and students’ motivational beliefs and self-regulated learning were examined in a study of 210 students of grade 7-9. Data collected were self-reported questionnaires from several different schools for two major academic subject areas: English, and Math. SEM analyses revealed that generally positive pattern of motivational beliefs including adaptive levels of task value, as well as cognition including higher levels of cognitive strategy use, self- regulation, and academic performance and negative patterns of test anxiety resulted in learning goal orientation. Higher levels of self-efficacy and cognitive strategy use also leads to relative ability goal orientation …

Evaluation Method, Task Outcomes And Group Structure As Counteracting Strategies Of Social Loafing In Manufacturing Industries Of Pakistan, Khurshid Alam, Arshad Ali, Fazli Subhan

Business Review

The study examines task evaluation techniques; task outcomes and group structure composition in counteracting social loafing. The approach espoused in this paper is to assess the conventional literature that provides strong support for existence of social loafing phenomenon in groups and to predict counteracting from aforementioned variables.Based on latest literature innovative ways for combating social loafing are discussed. Results provide conclusive support that enhancing evaluation method, task outcomes and group structure were associated with reduced occurrence of social loafing. At group level increased conjunctive task and reward interdependence, heterogeneity and peer evaluation increase social loafing while increase in task meaningfulness, …

Easypaisa: Seizing The White Space And Business Model Innovation, Nasir Afghan

Business Review

EasyPaisa is a diversification case study written about two very different organizations, a Telco and Microfinance Bank, and how they merged to create a new business. This new business was providing Mobile Financial Services. Both Telenor (a Telco) and Tameer Bank (Microfinance bank) saw a business opportunity in branchless banking (business white space). They were committed to make this acquisition successful, where Telenor bought over 51%sharesof Tameer Bank. However, as per regulations, the branchless banking model is to be governed under a bank-led model. Therefore, the face of EasyPaisa has always been Tameer Bank which is expected to manage all …

Global Alliance Approach For Effectiveness Of Higher Education In Business Studies - A Case Approach, Arup Barman

Business Review

This paper covers the issue of foreign collaboration in the Indian Business Education and its implications on professionalism and development of competence among the budding managers. The issue of foreign collaboration in Indian Business Education is considerably significant issue in the light of India as an emerging economic power and business. Already there is considerable flow of foreign collaboration in Indian business education witnessed by the institutional partnership. The existing institutional partnership and the future intension of foreign players are entering in business educations have been impacting in the new professional development as well as to develop professional competence in …

African Asylum At A Crossroads: Activism, Expert Testimony, And Refugee Rights, Iris Berger, Tricia Redeker Hepner, Benjamin N. Lawrance, Joanna T. Tague, Meredith Terretta

Ohio University Press Open Access Books

African Asylum at a Crossroads: Activism, Expert Testimony, and Refugee Rights examines the emerging trend of requests for expert opinions in asylum hearings or refugee status determinations. This is the first book to explore the role of court-based expertise in relation to African asylum cases and the first to establish a rigorous analytical framework for interpreting the effects of this new reliance on expert testimony.

Over the past two decades, courts in Western countries and beyond have begun demanding expert reports tailored to the experience of the individual claimant. As courts increasingly draw upon such testimony in their deliberations, expertise …

The Story Of Swahili, John M. Mugane

Ohio University Press Open Access Books

Swahili was once an obscure dialect of an East African Bantu language. Today more than one hundred million people use it: Swahili is to eastern and central Africa what English is to the world. From its embrace in the 1960s by the black freedom movement in the United States to its adoption in 2004 as the African Union’s official language, Swahili has become a truly international language. How this came about and why, of all African languages, it happened only to Swahili is the story that John M. Mugane sets out to explore.

The remarkable adaptability of Swahili has allowed …

Analyses Of Volatiles Produced By The African Fruit Fly Species Complex (Diptera, Tephritidae), Radka Břízová, Lucie Vaníčková, Mária Faťarová, Sunday Ekesi, Michal Hoskovec, Blanka Kalinová

All Peer-Reviewed Publications

Ceratitis fasciventris, Ceratitis anonae and Ceratitis rosa are polyphagous agricultural pests originating from the African continent. The taxonomy of this group (the so-called Ceratitis FAR complex) is unclear. To clarify the taxonomic relationships, male and female-produced volatiles presumably involved in pre-mating communication were studied using comprehensive two-dimensional gas chromatography with time-of-flight mass spectrometry (GC×GC-TOFMS) followed by multivariate analysis, and gas chromatography combined with electroantennographic detection (GC-EAD). GC×GC-TOFMS analyses revealed sex specific differences in produced volatiles. Male volatiles are complex mixtures that differ both qualitatively and quantitatively but share some common compounds. GC-EAD analyses of male volatiles revealed that the antennal …

Flexoelectric Behaiour Of A Bimesogenic Liquid Crystal, R. Balachandran, V. P. Panov, Yuri Panarin, M. G. Tamba, G. H. Mehl, J. K. Song, J. K. Vij

Articles

The effective flexoelectric coefficient and flexoelectric polarization are investigated for a bimesogenic liquid crystal CBC11CB with a twist bend nematic phase (Ntb). The effective flexoelectric coefficients for CBC11CB in the ordinary nematic phase (N) are obtained to be much larger in comparison to conventional calamitics, and is almost twice higher for CBC11CB than that reported for another odd symmetric bimesogen. The flexoelectric polarization (Pf) in the N phase is found to be almost 2.5 times higher than in rod-like molecules. Additionally, Pf is obtained to be much larger in the Ntb phase than in the nematic phase

Irrigation Experiments In The Lab: Trust, Environmental Variability, And Collective Action, Jacopo A. Baggio, Nathan D. Rollins, Irene Perez, Marco A. Janssen

Environment and Society Faculty Publications

Research on collective action and common-pool resources is extensive. However, little work has concentrated on the effect of variability in resource availability and collective action, especially in the context of asymmetric access to resources. Earlier works have demonstrated that environmental variability often leads to a reduction of collective action in the governance of shared resources. Here we assess how environmental variability may impact collective action. We performed a behavioral experiment involving an irrigation dilemma. In this dilemma participants invested first into a public fund that generated water resources for the group, which were subsequently appropriated by one participant at a …

Current Law And Potential Legal Issues Pertaining To Automated, Autonomous And Connected Vehicles, William J. Kohler, Alex Colbert-Taylor

Santa Clara High Technology Law Journal

As vehicle automation technology advances toward vehicle autonomy and vehicles become increasingly connected, the legal community anticipates substantial legal issues and developments pertaining to such technology. The federal government has the power to regulate the design, sale, and use of autonomous vehicles, has expressed interest in doing so, and has provided recommendations for state-level regulations. A few states have recently established laws in an attempt to ensure the safe operation of autonomous vehicles. Moreover, the use and collection of locational and other personal data generated by and required for the effective operation of a network of connected autonomous vehicles presents …

Data Caps: Creating Artificial Scarcity As A Way Around Network Neutrality, Robert Klein

Santa Clara High Technology Law Journal

Data caps enable Internet service providers (ISPs) use data caps to sell blocks of data to customers, creating an artificial scarcity to monetize an otherwise valueless commodity. ISPs will then further monetize on data caps by selling content providers data-cap-free access to the ISP's customers. This could be seen as a violation of network neutrality principles since network traffic would no longer be treated equally. Conversely, it could be seen as a way to manage ever-increasing Internet traffic. This article first explores the arguments for and against data caps as a means for maintaining the network's traffic flow from the …

Limited Consumer Privacy Protections Against The Layers Of Big Data, Andrew W. Bagley, Justin S. Brown

Santa Clara High Technology Law Journal

Consumers give away their data voluntarily and involuntary through their everyday online interactions. Many of these interactions are governed by “click-wrap” agreements in which consumers agree to data use terms with their Internet service provider (ISP), content provider, or an entire computing ecosystem through various layers of the Internet. This phenomenon effectively means that consumers lose control of their data to an endless web of third party big-data brokers unaccountable to the user. All the while, the increasingly dynamic and valuable nature of datasets makes it difficult to predict how data collected today will be used in the future. To …

***Blksavage: A Study On The Elements Of Traditional Radical Black Political Theories & Their Contributions To Contemporary Black Political Thought, Jestin B. Kusch

Senior Independent Study Theses

What mechanisms of the Traditional Radical Black Political Theorists' ideologies have crossed into Contemporary Black Political Thought, and how can these elements contribute to the progression of African Americans and racial equality in the United States, today? I approach the theorists (Malcolm X; Huey Newton; Angela Davis; Tupac Shakur; and Patricia Hill Collins) from a historical/ theoretical perspective, while avoiding narrative explanations of each individuals lives. My goal In this study was to do a critical comparative analysis - both within the respective times (1960-1985; 1985-present), and through a cross time analysis to answer my research question. I finally offer …

Red Cloud's Krieg: Der Indianische Sieg Über Die Vereinigten Staaten 1866–1868, Albert Winkler

Books

No abstract provided.

Passings, Lisa M. Tillmann Ph.D.

Faculty Publications

The author, a heterosexual woman, and Gordon Bernstein, a gay man, have been friends and research collaborators since 1995. In 2004, the author accompanied Gordon on a trip to his hometown of Philadelphia to conduct fieldwork and interview family members. This project ethnographically explored personal and relational opportunities and challenges associated with coming out in a family system defined by avoidant communication, hegemonic masculinity, and terminal illness.

State Of Unions: Politics And Poetics Of Performance, Lisa M. Tillmann Ph.D.

Faculty Publications

At the 2005 International Congress of Qualitative Inquiry, the author delivered a poem and slide show, “The State of Unions: Activism (and In-Activism) in Decision 2004.” The performance processed the election in the context of her research community, a network of gay male friends—marginalized by sexual orientation but privileged by sex, gender expression, race, class, and education. Audience members offered mixed responses, some praising its provocative content, others criticizing the author’s position and tone, which some perceived as hostile, even as “gay bashing.”

Gvsu Undergraduate And Graduate Catalog, 2015-2016, Grand Valley State University

Course Catalogs, 1963 - Current

Grand Valley State University 2015-2016 undergraduate and/or graduate course catalog published annually to provide students with information and guidance for enrollment.

Sorting Out The Skills Gap: Analyzing The Evidence For A Shortage Of Middle-Skill Workers In The Manufacturing And Healthcare Industries In The Portland Region, Jamin Kimmell, Sheila A. Martin

Institute of Metropolitan Studies Publications

The skills gap has garnered significant attention in popular discourse, research initiatives and public policy, both in the Portland region and across the country. Simultaneously, fewer and fewer people in the Portland region are earning self-sufficient incomes. The manufacturing and healthcare industries are often cited as promising pathways to self-sufficiency due to shortages of workers in middle-skill, middle-wage occupations. But the magnitude and distribution of worker shortages in these industries is far from certain, and alternative factors to explain hiring challenges—such as employer practices—are supported by some of the evidence. Existing skills gap research typically uses a single indicator of …

Institute For Sustainable Solutions Annual Report (2013-2014), Portland State University. Institute For Sustainable Solutions

Institute for Sustainable Solutions Publications and Presentations

This brief annual report from Portland State University's Institute for Sustainable Solutions captures the highlights from the year and signals where sustainability at PSU is headed in the years to come.

Experience The Future: Papers From The Second National Symposium On Experiential Education In Law: Alliance For Experiential Learning In Law, Christine N. Cimini, Roberto L. Corrada, Myra Berman, Christine E. Cerniglia, Katherine R. Kruse

Articles

On June 13-15, 2014 the Second National Symposium on Experiential Educa­tion in Law took place in Greensboro, North Carolina. The Alliance for Experi­ential Learning in Law and Elon University School of Law hosted the symposium, with the support of Northeastern University School of Law. Presenters included professors and practitioners across multiple disciplines, in­cluding business, medicine, and architecture, and they shared their insights about the value of experiential education in their fields. Working from the Alliance for Experiential Learning in Law also presented their findings and distributed a set of working papers, which eventually culminated into this report. The report covers …

The Lost "Art" Of The Patent System, Sean M. O'Connor

Articles

Patent systems emerged in the early modern period of the West to incentivize development and dissemination of skills-based artisanal innovations. This approach appears to have been adopted by the Framers in drafting the Intellectual Property Clause.

Only later, in the Industrial Revolution, did ‘‘science’’ and ‘‘technology’’ begin to displace ‘‘art’’ as the perceived object of the U.S. patent system. This was in large part because of the emergence of the concept of ‘‘technology’’ itself as science-based innovation in artisanal and mechanized production.

The loss of an ‘‘art’’-based concept of the patent system is arguably causing some of the confusion over …

Have Fun With Strategic Planning, Kellye Y. Testy

Articles

No abstract provided.

Richmond Law Magazine: Winter 2015

Richmond Law Magazine

Features:

Traces of Ourselves

A Librarian and His Muse

The Long Game