Digital Commons Network^™

Confused, Frustrated, And Exhausted: Solving The U.S. Digital First Sale Doctrine Problem Through The International Lens, Alandis K. Brassel

Vanderbilt Journal of Transnational Law

Users worldwide enjoy digital goods such as music and e-books on a daily basis. They have become a major part of people's lives, with uses ranging from lighthearted entertainment to serious educational pursuits. In many cases, convenience and affordability make digital goods more preferable than their analog counterparts. However, users often cannot use digital goods as freely as they would analog goods. Courts, legislation, and businesses prohibit those users, accustomed to reselling unwanted hard-copy books or vinyl records, from reselling digital books and music. This confuses users as to what they can actually do with their digital goods. This Note …

Predictive Due Process And The International Criminal Court, Samuel C. Birnbaum

Vanderbilt Journal of Transnational Law

The International Criminal Court (ICC) operates under a regime of complementarity: a domestic state prosecution of a defendant charged before the ICC bars the Court from hearing the case unless the state is unable or unwilling to prosecute the accused. For years, scholars have debated the role of due process considerations in complementarity. Can a state that has failed to provide the accused with adequate due process protections nonetheless bar a parallel ICC prosecution? One popular view, first expressed by Professor Kevin Jon Heller, holds that due process considerations do not factor into complementarity and the ICC could be forced …

Female Genital Mutilation And Designer Vaginas In Britain: Crafting An Effective Legal And Policy Framework, Lisa R. Avalos

Vanderbilt Journal of Transnational Law

The prevalence of female genital mutilation (FGM) in Britain and Europe has grown in recent years as a result of international migration, and European institutions have grown increasingly concerned with eradicating the practice. According to the European Parliament, approximately 500,000 girls and women living in Europe have undergone FGM and are suffering with the lifelong consequences of the procedure, and more than 30,000 girls in Britain are thought to be at risk of future FGM. Although Britain strengthened its law against FGM in 2003, the number of girls at risk continues to grow, and there have been no convictions for …

Challenges For "Affected States" In Accepting International Disaster Aid: Lessons From Hurricane Katrina, E. Katchka

Vanderbilt Journal of Transnational Law

The International Law Commission (ILC) draft articles on the protection of persons in the event of disasters purport to "facilitate an adequate and effective response to disasters that meets the essential needs of the persons concerned, with respect to their full rights" by setting forth complementary principles governing both individual state responsibilities and international cooperation in disaster response. The principles presented in the draft articles reflect an application of established international law principles as well as current, practical challenges to coordinating international disaster cooperation. This article applies specific ILC draft articles targeting the role of the state impacted by a …

Beyond Voluntary Corporate Social Responsibility: Corporate Human Rights Obligations To Prevent Disasters And To Provide Temporary Emergency Relief, Anastasia Telesetsky

Vanderbilt Journal of Transnational Law

Much of the focus of the emerging field of International Disaster Law is on state responsibility. Yet the source of some disasters is the failure of corporations to address known risks created by a company or located on company property. This Article queries whether there are obligations for corporations to act under international human rights law to prevent disasters where corporations have control over known hazards such as tailings dams or chemical dumps. This Article concludes that corporations have a legal duty to act in order to support and protect human rights whenever there is corporate knowledge of hazards that …

Nuclear Power, Risk, And Retroactivity, Emily Hammond

Vanderbilt Journal of Transnational Law

The 2011 Fukushima nuclear disaster presented a familiar scenario from a risk perception standpoint. It combined a classic" dread risk" (radioactivity), a punctuating event (the disaster itself), and resultant stigmatization (involving world wide repercussions for nuclear power). Some nuclear nations curtailed nuclear power generation, and decades-old opposition to nuclear power found a renaissance. In these circumstances, risk theory predicts a regulatory knee-jerk response, potentially resulting in inefficient overregulation. But it also suggests procedural palliatives that conveniently overlap with administrative law values, making room for the engagement of the full spectrum of stakeholders. This Article sketches the U.S. regulatory response to …

Fukushima's Shadow, Lincoln L. Davies, Alexis Jones

Vanderbilt Journal of Transnational Law

The March 11, 2011 tragedy at the Fukushima Daiichi power station in Japan immediately etched its place in history as arguably the most noteworthy of the three nuclear energy disasters to date. This Article surveys the response to Fukushima both in Japan and worldwide. It observes that rather than stopping what many thought was a burgeoning "nuclear renaissance," the global policy reaction post-Fukushima was more varied. Using the examples of Germany, the United States, and China, the Article examines the three general approaches to nuclear energy that nations have followed since Fukushima: abandonment, status quo, and expansion. The Article then …

The Democratization Of Energy, Joseph P. Tomain

Vanderbilt Journal of Transnational Law

The electricity industry is changing in dramatic ways. Most significantly, as demonstrated by the Obama Administration's Clean Power Plan, the country is witnessing the merger of energy and environmental regulation. Historically, energy regulation was driven by the need to produce more power for economic growth. By contrast, environmental regulation attended to the pollution of the environment. Production of energy depends upon the use of natural resources, and throughout the fuel cycle from extraction and transportation to the burning and disposal of those resources, the environment is directly affected. Most dramatically, greenhouse gas emissions present climate change challenges. In order to …

Illegally Evading Attribution? Russia's Use Of Unmarked Troops In Crimea And International Humanitarian Law, Ines Gillich

Vanderbilt Journal of Transnational Law

The Crimean Crisis of February and March 2014 poses several questions to International Law. This Article explores one of them: Does the use of unmarked troops, soldiers in uniforms but without nationality insignia, in Crimea violate principles of International Humanitarian Law (IHL)?

This Article first provides a brief summary of Crimea's history and the facts of the 2014 Crimean Crisis. It will be argued that IHL is applicable to the events in Crimea in February and March 2014 since the unmarked soldiers are attributable to Russia--either as Russian nationals or through Russia's exercise of control over them--and that there was …

If You Can't Beat Them, Join Them: The U.S. Solution To The Issue Of Corporate Inversions, Scott Deangelis

Vanderbilt Journal of Transnational Law

There is an old proverb, "If you can't beat them, join them, "that suggests that those who cannot win against some group should stop fighting and instead band together with them. It seems clear that when it comes to corporate inversions, the United States cannot win. Instead, countries overseas have taken advantage of tax break schemes to lure multinational companies away from the United States. This Note suggests that to prevent further foreign inversions, the United States should join these foreign countries in two ways. First, the United States should put its support behind the OECD's plan of a multilateral …

Reminiscing About 15 Years Of Interoperability Efforts, Herbert Van De Sompel, Michael L. Nelson

Computer Science Faculty Publications

Over the past fifteen years, our perspective on tackling information interoperability problems for web-based scholarship has evolved significantly. In this opinion piece, we look back at three efforts that we have been involved in that aptly illustrate this evolution: OAI-PMH, OAI-ORE, and Memento. Understanding that no interoperability specification is neutral, we attempt to characterize the perspectives and technical toolkits that provided the basis for these endeavors. With that regard, we consider repository-centric and web-centric interoperability perspectives, and the use of a Linked Data or a REST/HATEAOS technology stack, respectively. We also lament the lack of interoperability across nodes that play …

The Price Of Paid Prioritization: The International And Domestic Consequences Of The Failure To Protect Net Neutrality In The United States, Arturo J. Carrillo, Dawn C. Nunziato

GW Law Faculty Publications & Other Works

This article examines the international trade and human rights obligations of the United States as they relate to net neutrality to determine the extent to which the approach adopted by the Federal Communications Commission (FCC) in 2015 to promote an open Internet complies with those obligations. In March of that year, the FCC adopted new rules to promote and protect an open Internet that, inter alia, reclassified broadband providers as common carriers subject to nondiscrimination obligations and codified strong net neutrality protections. The authors argue that the 2015 FCC Order, contrary to its predecessors, largely meets the requirements of the …

Capturing The Social/Emotional World Of Students, David Naff, Jesse Senechal

MERC Publications

The goal of this report is to explore the possibilities using student social emotional measures withing K-12 schools. This will include (1) a discussion of what constitutes a social emotional measure, (2) an overview of commonly used measures, and (3) a discussion of how these measures may inform school improvement processes and promote the success of students at the classroom, school, school system, and community level.

Wireless Networking For Vehicle To Infrastructure Communication And Automatic Incident Detection, Sarwar Aziz Sha-Mohammad

Computer Science Theses & Dissertations

Vehicular wireless communication has recently generated wide interest in the area of wireless network research. Automatic Incident Detection (AID), which is the recent focus of research direction in Intelligent Transportation System (ITS), aims to increase road safety. These advances in technology enable traffic systems to use data collected from vehicles on the road to detect incidents. We develop an automatic incident detection method that has a significant active road safety application for alerting drivers about incidents and congestion. Our method for detecting traffic incidents in a highway scenario is based on the use of distance and time for changing lanes …

The Pneumatic Common: Learning In, With And From The Air, Derek R. Ford

Education Studies Faculty publications

Air is an immersive substance that envelopes us and binds us together, yet it has dominantly been taken for granted and left out of educational and other theorizations. This article develops a conceptualization of the pneumatic common in order to address this gap. The specific intervention staged is within recent educational literature on the common by Noah De Lissovoy, Tyson E. Lewis, and Alexander Means. This literature is surveyed and analyzed in relation to educational theory, curriculum, pedagogy, and policy. Claiming that the air is a central feature of and paradigm for the common, I then concentrate on making the …

Csbs Statements, V17, 2015, University Of Northern Iowa. College Of Social And Behavioral Sciences.

CSBS Statements

Contents:

--- From the Desk of the Dean
--- Sabin Hall Renamed
--- A Game-Changing Gift for the Social & Behavioral Sciences
--- Podolefsky Conference Room Named
--- Where in the Worlid is CSBS?
--- Polar Opposites: CSBS is involved in places very different from ours-and each other
--- College of Social & Behavioral Sciences Loyal Roster
--- Dean's Fund Inner Circle
--- Faculty Retirements
--- Award-Winning Faculty
--- New Faculty
--- Iowa Photo Archive @ UNI
--- 2015 CSBS Distinguished Alumni Named
--- TEDxUNI
--- In Memoriam: John Baskerville
--- Student Highlights
--- Alumni Updates

Rodcon, Flier, 2015, University Of Northern Iowa

RodCon Documents

Saturday, March 28, 2015 - 11:00am to 4:00pm

Flier used in promotion of the event.

Applying Patent-Eligible Subject Matter Restrictions, Jonas Anderson

Utah Law Faculty Scholarship

The US Supreme Court’s difficulty in promulgating a standard for patent-eligibility has not gone unnoticed in the academy. Hundreds of academic conferences, including this one, have been devoted to the topic. The goal of this Article is not to solve the seemingly intractable problem of patent-eligibility doctrine. The goal of this Article is rather more modest. Instead of normatively assessing patent-eligible subject matter doctrine, this Article seeks to identify which foundational theories of patent-eligible subject matter can most readily be applied by courts and the US Patent and Trademark Office via Section 101. In doing so, this Article categorizes the …

Lateral Flow Nucleic Acid Biosensor For The Detection Of Sexually Transmitted Diseases, Meenu Baloda

Chemistry and Biochemistry

Nucleic acid detection is of central importance for the diagnosis and treatment of genetic diseases, infectious agents, bio-warfare agents, and drug discovery. Nucleic acid testing for diseases is exclusively performed in laboratories using high-end instrumentation and personnel. However, this has developed the need for point of care diagnostics which can provide near-patient testing in a clinic, doctor’s office, or home. Such diagnostic tools can prove advantageous when rapid response is required or when suitable facilities are unavailable. Compared to equivalent methods used in laboratories, point of care testing is more affordable, as it eliminates the need for expensive instrumentation and …

A Description Analysis Of Disciplinary Cases Of Law Enforcement Officers In The State Of Florida Over A Ten-Year Period, Brian V. Frank

Graduate Student Dissertations, Theses, Capstones, and Portfolios

A distrust of government is as old as the country itself. Police officers hold a great deal of power, as they have the ability to take the one thing the American people hold sacred: freedom. Ethical violations by police officers enrage the public and cause great concern for law enforcement administrators. Past research has focused on the individual aspects within law enforcement along with criminological and sociological theories. The most recent research in law enforcement ethics shows fragmentation and a lack of standardization within the areas of screening, training, and managing for integrity. According to the Bureau of Justice Statistics, …

Exercise As Medicine For Diabetes: Prescribing Appropriate Activities And Avoiding Potential Pitfalls: Preface, Sheri R. Colberg

Human Movement Studies & Special Education Faculty Publications

(First Paragraph) In this issue, I have the pleasure of further reinforcing for you the benefits of engaging in regular exercise, along with the more expansive realm of appropriate physical activities for people with diabetes. Although physical activity is a cornerstone in the management of diabetes, and the health benefits of exercise are widely touted as "medicine" for diabetes, many individuals with this chronic disease fail to become or remain regularly active.

Surveillance As Loss Of Obscurity, Woodrow Hartzog, Evan Selinger

Faculty Scholarship

Everyone seems concerned about government surveillance, yet we have a hard time agreeing when and why it is a problem and what we should do about it. When is surveillance in public unjustified? Does metadata raise privacy concerns? Should encrypted devices have a backdoor for law enforcement officials? Despite increased attention, surveillance jurisprudence and theory still struggle for coherence. A common thread for modern surveillance problems has been difficult to find.

In this article we argue that the concept of ‘obscurity,’ which deals with the transaction costs involved in finding or understanding information, is the key to understanding and uniting …

Caperton's Next Generation: Beyond The Bank, Jed Handelsman Shugerman, Debra Lyn Bassett, Gregory S. Parks, Dmitry Bam, Rex R. Perschbacher

Faculty Scholarship

Part of NYU Journal of Legislation & Public Policy Fall 2014 symposium: "Courts, Campaigns, and Corruption: Judicial Recusal Five Years after Caperton". The panels can be watched here.

Comments On The Oecd's "Due Diligence Guidance For Meaningful Stakeholder Engagement In The Extractives Sector", Lisa J. Laplante, Erika George

Faculty Scholarship

Professor Lisa Laplante of New England Law | Boston’s Center for International Law and Policy (CILP) and Professor Erika George of the University of Utah S.J. Quinney College of Law’s Center for Global Justice respectfully submitted this collaborative commentary in response to the OECD’s Draft Due Diligence Guidance for Meaningful Stakeholder Engagement in the Extractives Sector which build off of the OECD Guidelines for Multinational Enterprises which offer comprehensive recommendations to promote responsible business conduct. The 2011 revisions to the OECD MNE Guidelines introduced an important new provision on stakeholder engagement. Pursuant to the provision, multinational enterprises should: “engage with …

Factors Associated With Inconsistent Condom Use Among Men Who Have Sex With Men In Cambodia, Siyan Yi, Sovannary Tuot, Pheak Chhoun, Khuondyla Pal, Khimuy Tith, Carinne M. Brody

Background: Compared to the general population, men who have sex with men (MSM) are at greater risk for HIV and less understood due to their more hidden and stigmatized nature. Moreover, the discrepancy in findings in the literature merits further investigations in MSM populations from different cultures and settings. We therefore conducted this study to explore factors associated with inconsistent condom use among high-risk MSM in Cambodia.

Methods: This cross-sectional study was conducted in 2014 among 367 MSM randomly selected from Battembang and Siem Reap using a two-stage cluster sampling method. A structured questionnaire was used for face-to-face interviews to …

Factors Associated With Recent Hiv Testing Among High-Risk Men Who Have Sex With Men: A Cross-Sectional Study In Cambodia, Siyan Yi, Sovannary Tuot, Pheak Chhoun, Carinne M. Brody, Khuondyla Pal, Sopheap Oum

Background: Despite remarkable success in the fight against HIV, HIV prevalence in many countries remains high among key populations including men who have sex with men (MSM), and HIV testing rates is relatively low among this hard-to-reach population. This cross-sectional study explores factors associated with recent HIV testing among MSM in Cambodia.

Methods: This study was conducted in 2014 and included 384 MSM randomly selected from two provinces of Battembang and Siem Reap, using a two-stage cluster sampling method. A structured questionnaire was used for face-to-face interviews to collect data on socio-demographic characteristics, HIV testing history, sexual behaviors, …

Obesity-Related Behaviors Among Poor Adolescents And Young Adults: Is Social Position Associated With Risk Behaviors?, Miranda Lucia Ritterman Weintraub, Lia C. Fernald, Elizabeth Goodman, Sylvia Guendelman, Nancy E. Adler

This cross-sectional study examines multiple dimensions of social position in relation to obesity-related behaviors in an adolescent and young adult population. In addition to using conventional measures of social position, including parental education and household expenditures, we explore the usefulness of three youth-specific measures of social position – community and society subjective social status and school dropout status. Data are taken from a 2004 house-to-house survey of urban households within the bottom 20th percentile of income distribution within seven states in Mexico. A total of 5,321 Mexican adolescents, aged 12–22 years, provided information on obesity-related behaviors (e.g., diet, physical activity, …

Social Behaviors Of Indiana Bats (Myotis Sodalis) At Day Roost Sites, Caroline M. Byrne

All-Inclusive List of Electronic Theses and Dissertations

Bats are highly social, but the study of bat social behavior was limited until recently due to technological limitations. Most of bat behavior is imperceptible to our senses, including both their use of ultrasound and their nocturnal activities. During the maternity seasons (May-August) of 2013 and 2014 near Plainfield, Indiana, we recorded Indiana bat (Myotis sodalis) roost site behaviors with emergence count observation, video (Sony Nightshot HandyCams and IR lights), and acoustic detectors (Pettersson D500X ultrasonic detectors). The objective of this study was to compile a catalog of observable and acoustic behaviors seen at M. sodalis day roost sites. We …

Let's Spread The Word About The Wisdom Of Transformative Learning, Sabra Brock

Graduate School of Business Publications and Research

The author argues for the discussion of the findings of transformative learning research in more mainstream platforms.

A Qualitative Analysis Of Graduate Sport Administration/Management Curricula Offered At Private And Public Institutions In Comparison To Cosma Requirements, Kristin E. Brown

All-Inclusive List of Electronic Theses and Dissertations

The evolution of sport and the factors that are influencing it, such as industry standards and external conditions, have challenged curricula in the area of sport. The number of sport administration/management programs has increased over the years to over 500 (North American Society for Sport Management, n.d.), which, in turn, has contributed to variation among higherEducation programs (Eagleman & McNary, 2010). Sport administration/management programs vary in core content, specializations,Educational philosophies, and ideologies (Eagleman & McNary, 2010; Jones, Brooks, & Mak, 2008). Ideologies underpinning the curricular structure are uncertain among graduate programs in sport administration/management. The information in this study was …