Digital Commons Network^™

The Undergraduate 2016, Saint Mary's College Of California

The Undergraduate Spectrum

No abstract provided.

A Tribute To Judge Kaye, Nicholas W. Allard

Brooklyn Law Review

This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.

Confounding Ockham's Razor: Minilateralism And International Economic Regulation, Eric C. Chaffee

Brooklyn Journal of Corporate, Financial & Commercial Law

In Minilateralism: How Trade Alliances, Soft Law, and Financial Engineering Are Redefining Economic Statecraft, Professor Chris Brummer embraces the complexity of the global economic system and its regulation by exploring the emerging role and dominance of varying strands of economic collaboration and regulation that he collectively refers to as “minilateralism.” In describing the turn toward minilateralism, Brummer notes a number of key features of this new minilateral system, including a shift away from global cooperation to strategic alliances composed of the smallest group necessary to achieve a particular goal, a turn from formal treaties to informal non-binding accords and other …

Open Sesame: The Myth Of Alibaba's Extreme Corporate Governance And Control, Yu-Hsin Lin, Thomas Mehaffy

Brooklyn Journal of Corporate, Financial & Commercial Law

In September 2014, Alibaba Group Holding Limited (Alibaba) successfully launched a $25 billion initial public offering (IPO), the largest IPO ever, on New York Stock Exchange. Alibaba’s IPO success witnessed a wave among Chinese Internet companies to raise capital in U.S capital markets. A significant number of these companies have employed a novel, but poorly understood corporate ownership and control mechanism—the variable interest entity (VIE) structure and/or the disproportional control structure. The VIE structure was created in response to the Chinese restriction on foreign investments; however, it carries the risk of being declared illegal under Chinese law. The disproportional control …

Another Bite At The Apple For Trade Secret Protection: Why Stronger Federal Laws Are Needed To Protect A Corporation's Most Valuable Property, Alissa Cardillo

Brooklyn Journal of Corporate, Financial & Commercial Law

Trade secrets are one of a corporation’s most valuable assets. However, they lack adequate protection under federal law, leaving them vulnerable to theft and misappropriation. As technology advances, it becomes easier and less time consuming for individuals and entities to access and steal trade secrets to a corporation’s detriment. Most often these thefts involve stealing trade secrets in an intangible form. Current legislation fails to adequately protect intangible trade secrets, leaving them vulnerable to theft. An amendment to the National Stolen Property Act that encompasses intangible trade secrets would close a loophole that currently exists relating to intangible assets, allowing …

Switch Hitters: How League Involvement In Daily Fantasy Sports Could End The Prohibition Of Sports Gambling, Jordan Meddy

Brooklyn Journal of Corporate, Financial & Commercial Law

Whether in the form of lotto tickets or casino table games, gambling is legally permitted in some way in virtually every U.S. state. Yet, in all but a handful of jurisdictions, federal law prohibits wagering on sporting events or professional athletes in any form. Several economically challenged states, particularly New Jersey, have been trying to authorize sports gambling within their borders as a way to raise tax revenues and support their local gambling industries. While these attempts have thus far been unsuccessful, Daily Fantasy Sports have simultaneously experienced a meteoric rise, becoming a multi-billion dollar industry. This Note examines the …

The Sixth Pillar Of Anti-Money Laundering Compliance: Balancing Effective Enforcement With Financial Privacy, Maria A. De Dios

Brooklyn Journal of Corporate, Financial & Commercial Law

The U.S. government has responded to the increase of financial crimes, including money laundering and terrorist financing, by requiring that financial institutions implement anti-money laundering compliance programs within their institutions. Most recently, the Financial Crimes Enforcement Network exercised its regulatory powers, as authorized by the Treasury Department, by proposing regulations that now explicitly add customer due diligence to the preexisting anti-money laundering regime. The policy behind the government’s legislative and regulatory measures is clear—financial institutions must ensure that they are protected from and not aiding in the illegal efforts of criminals. The complexity and insidiousness of these financial crimes makes …

Ay 2015/2016 Fs Meeting Minutes, 2016-01-27, Faculty Senate

Faculty Senate Archives

No abstract provided.

The Art Of Nailing Jell-O To The Wall: Reassessing The Political Power Of The Internet, Bryan Druzin, Jessica Li

Journal of Law and Policy

Political observers commonly argue that, given the unique characteristics of the Internet, democratization is an inevitability of its widespread use. The critical role that social media played in the wave of demonstrations, protests, and revolutions that swept across the Arab world in 2011 cemented this perception in the minds of many. Yet China defies this simplistic paradigm—China has been stunningly successful at constraining the political power of its Internet. We argue that the political importance of Internet technology has been overstated, particularly with respect to China. As support for this thesis, we cite recent political events in Hong Kong known …

Standing Up For Their Data: Recognizing The True Nature Of Injuries In Data Breach Claims To Afford Plaintiffs Article Iii Standing, Andrew Braunstein

Journal of Law and Policy

Over the last several years, data breaches have become increasingly more common, due in no small part to the failures of organizations charged with storing and protecting personal data. Consumers whose data has fallen victim to these breaches are more often turning to federal courts in attempts to be made whole from the loss of their information, whether simple credit card information or, as breaches become more sophisticated, social security information, medical and financial records, and more. These consumers are often being turned away from the courthouse, however, due to a failure of many federal courts to find that the …

Personal Injury Victims As Insurance Collection Agents: Erisa Preemption Of State Antisubrogation Laws, Jonathan P. Connery

Journal of Law and Policy

The Employee Retirement Income Security Act (ERISA) was enacted in 1974 to protect the pension rights of employees nationwide. However, due to its broad preemptive powers, ERISA has since developed into a tool used by health insurers to recover millions of dollars in tort damages meant to benefit employees with ERISA health plans. This practice, known as subrogation, has been met with legislative backlash in the form of state antisubrogation statutes, which attempt to limit the enforceability of subrogation clauses found in almost all ERISA health plans. However, many courts have held that ERISA preempts these antisubrogation statutes, thereby affirming …

Share And Share Dislike: The Rise Of Uber And Airbnb And How New York City Should Play Nice, Alexandra Jonas

Journal of Law and Policy

Uber and Airbnb are two companies in the emerging “sharing economy” that provide individuals with a means to become entrepreneurs and benefit from a laissez-faire business model. The problem, however, is that while the benefits to users are great, so too are the risks. The dangers of operating without restraint and circumventing existing law are not only potentially harmful to unapprised users, but also adversely affect the continued use of these businesses. Every aggrieved user complaint has the potential for a lawsuit and every violation creates an opportunity for penalties. Left over are attempts by the courts and city government …

Deaccessioning: A Pragmatic Approach, Ardis E. Strong

Journal of Law and Policy

Art museums are curators of ideas, preservers of culture, and educators on the evolving aesthetics and morals of society. As such, they play an important role in contemporary society and should be accessible to a wide and diverse audience. One important debate in how museums best serve the public interest involves the museum practice of deaccessioning. Historically, policies governing the proceeds museums receive when they deaccession (or remove) work from their collection have strictly limited the use of these funds to the purchase of new art. This policy is based on the idea that museums hold art for the public …

The Hidden World Of Unconscious Bias And Its Impact On The "Neutral" Workplace Investigator, Ashley Lattal

Journal of Law and Policy

Workplace investigations into complaints of harassment, discrimination, and other allegations of workplace misconduct have become a critical method for employers to establish that they have complied with certain obligations to provide a discrimination-free workplace. As a result, the fairness and effectiveness of the workplace investigation process utilized by employers has increasingly come under judicial scrutiny. The nature of workplace investigations rests upon the assumption and expectation that workplace investigators are capable of being impartial in making findings of fact. For this reason, courts have identified the impartiality of the investigator as a key tenet of a fair and effective workplace …

Not Yet Enough: Why New York's Sexual Assault Law Does Not Provide Enough Protection To Complainants Or Defendants, Nicolo Taormina

Journal of Law and Policy

Title IX requires colleges to investigate and adjudicate allegations of sexual assault between students. New York State has recently passed a new law called “Enough is Enough,” which strengthens Title IX’s requirements. However, neither Title IX nor “Enough is Enough” provides strict guidelines for the procedures colleges must use when adjudicating complaints. This means that colleges across New York employ different procedures and offer different sets of rights to their students. After examining federal and state law, some examples of college procedures and the effects they have on students, this Note concludes that “Enough is Enough” must be amended to …

Analysis Of Middle Level Trade Books With Gender And Sexual Minority Content, Jena Borah

Masters Theses

Middle school is often the time students become aware of their sexual orientation or gender identity, and in many schools, perceived nonheteronormative behavior is penalized through bullying. One way schools can reduce bullying and increase successful learning environments is to include trade books that feature gender and sexual minorities. State and national standards set expectations for social and emotional learning as well as critical analysis of high quality reading materials. This research analyzed trade books from the 2013 and 2014 Rainbow Lists which were chosen by the Gay, Lesbian, Bisexual and Transgender Round Table of the American Library Association as …

Seeing Red In A Sea Of Green: Anthocyanin Production In A Carnivorous Plant, Pinguicula Planifolia, Jenna Annis

Masters Theses

The Southeastern United States is a biological hot-spot for carnivorous plants, with over half of the North American species occurring along the Gulf Coast. Pinguicula planifolia Chapman is one of six carnivorous perennial butterwort species found in the Florida Panhandle. Among these species, only P. planifolia expresses a distinct variation of red coloration on its leaves. The functional role of foliar anthocyanins may include stress response to drought and nutrient deficiency, herbivory defense, free radical scavenging, and photoprotection. Carnivorous plant leaves face strong selection pressures to optimize prey capture and nutrient absorption. Given the frequency of these red pigments in …

A Quantitative Study Of The Source Of Stress For First Generation Freshman Female College Students, Amber Byrley

Masters Theses

This study compared the sources of stress between first-generation and continuing-generation freshman female students, Caucasian and non-Caucasian freshman female students, and straight and non-straight freshman female students. This study was conducted at a rural, Midwestern, four-year, public institution, 101 first time freshman students living in on-campus housing participated in this study. A quantitative study was designed using Higbee and Dwinell's (1992) Developmental Inventory of the Sources of Stress (DISS) questionnaire which measures stress in five sub-categories including time management, physical lifestyle, academics, interactions, and chemical stressors. Results of the study indicated that overall, first-generation freshman females experience more total stress …

An Intersectional Analysis Of Male Student-Athletes' Meaning-Making About Masculinity, Michelle Lisack

Masters Theses

Men's athletics is often viewed as an environment where hegemonic masculinity is perpetuated, though some believe this environment provides a safe space for men to break away from hegemonic masculinity. This study was designed to gain an understanding of how male student-athletes experience masculinity and how the context of athletics influences meaning-making about masculinity. Using a phenomenological approach, the researcher interviewed five male student-athletes and observed the practice sessions of two different teams. The participants were student-athletes of junior or senior status from the following sports: tennis, soccer, swimming, baseball, and basketball. Results showed that male student-athletes found it challenging …

Athletic Identity And Career Transitioning Of Former Collegiate Athletes, Cameron Jimenez

Masters Theses

The focus of this study was to try and advance the understanding of athletic identity (AI) and its specific effects on former athletes. Previous studies in the area seem to focus on the relationship between AI, exercise habits, career maturity, and career transitioning of professional athletes. For example: Erpič, Wylleman, and Zupančič, (2004) examined former professional Slovene athletes. While those are important aspects of life former athletes encounter, the primary investigator (PI) felt it was important to understand the effects AI presents upon employment status of collegiate athletes who did not play professionally. Eighty-five former collegiate athletes participated and completed …

This Is Outrageous!: Understanding Consumer Anger And Brand Reputation On Social Media, Kimberly Legocki, Kristen Walker

School of Economics and Business Administration Faculty Works

No abstract provided.

Norway Leads The World In Gender Equality And Work-Life Balance: A Qualitative Life Course Study Of Norwegian Women, Lene Karine Martin

Theses and Dissertations

Norway is one of the world's leading countries in gender equality and work-life balance and therefore proves to be an exceptional model for study to improve gender equality and work–life balance around the world (Strømland, 2009). Norway continues to rank top three in the Global Gender Gap Index in addition to being the happiest country, best country to live, leading country in gender equality and work-life balance, best country for motherhood, and one of the top three countries for business (Badenhausen, 2015; Berglund, 2010; Bradford, 2011; Dresser, 2010; Helman, 2011; McNeil, 2010; “Norway tops ‘best country’ list, U.S. ranks 10th,” …

The Recruitment Of Sexual Minority Students In Higher Education, Jorge El-Azar

Masters Theses

In a time when universities actively recruit diverse groups of applicants, some universities are seeing the need for a diverse student population and advancing their recruitment initiatives to recruit specific groups of students. The LGBTQ+ community has been perceived as an invisible community (Cegler, 2012) by some universities, but other higher education institutions are seeing the value of specifically recruiting students who identify as a part of this community. This study was designed to focus on the initiatives universities are implementing to effectively recruit students who identify as LGBTQ+. Using a qualitative approach, the researcher interviewed six participants who identified …

Design Of An Intrusion Detection System (Ids) And An Intrusion Prevention System (Ips) For The Eiu Cybersecurity Laboratory, Adekunle Adeyemo

Masters Theses

Cyber Security will always be a subject of discussion for a long time to come. Research has shown that there is massive growth of cyber-crime and the currently available number of Cyber Security experts to counter this is limited. Although there are multiple resources discussing Cyber Security, but access to training in practical applications is limited. As an institution, Eastern Illinois University (EIU) is set to start Masters of Science in Cyber Security in Fall 2017. Then the challenge is how EIU will expose students to the practical reality of Cyber Security where they can learn different detection, prevention and …

Transferring Writing Skills To A 3rd Grade Music Classroom, Megan A. Wilson

Masters Theses

The purpose of this action research study was to examine the use of writing skills in a third grade general music classroom. Students wrote narratives based on music they heard, used an interactive notebook to reflect on musical experiences, conducted a short composer research project and wrote a biography about the composer. The study was designed to investigate the following research question: Will the use of writing in the music classroom help the students apply writing skills from their general education classes while learning music content? The duration of the study was for an entire semester and the students attended …

Diversity Of The Beneficial Bacterium Oxalobacter Formigenes Isolated From The Human Gut, Karen Shaw

Masters Theses

Oxalobacter formigenes is an anaerobic, oxalate degrading organism that colonizes in the mammalian intestinal tract. Currently, O. formigenes is divided into two groups via PCR of the oxc gene. Pulsed field gel electrophoresis (PFGE) is a technique used to resolve large pieces of DNA. Typically, PFGE is used to identify differences between strains for pathogenic bacteria, but this study sought to use it to further understand the diversity of a probiotic organism. This study aimed to develop a methodology for utilizing PFGE to examine O. formigenes. The methodology involved lysing O. formigenes cells in plugs, first in proteinase K, …

Dairy, Democracy, & Pr: A Political Economic Analysis Of Associated Milk Producers, Inc. 1988-1989, Anna L. Percival

Masters Theses

This paper, using a political economic approach, explores the communication techniques used during a second-wave of consolidation in the dairy industry in the 1980s. After providing a historical context of the dairy industry and its connections with federal policy, this paper follows the story of a large dairy cooperative: Association Milk Producers, Inc. (AMPI) and how it influenced public policy and consumption through interconnected dairy organizations like the National Milk Producers Federation and by using a political action committee. This paper provides an example of Carey's (1997) treetops propaganda by way of the powerful political action committee C-TAPE and the …

Development Of Learning Objectives For An Undergraduate Computer-Aided Drafting And Design Animation Using The Delphi Technique, Gavin M. Wilk

Masters Theses

This study reflects on learning objectives created for an advanced computer aided drafting (CAD) learning module(s) or course with the emphasis on simulation and engineering animations. These objectives were derived by using the Delphi technique by access the support of a panel of subject matter experts (SME) from academia and industry that are interested in CAD. The results of this study are intended for the use of creating instructional modules for undergraduate studies.

A panel of experts were chosen through an electronic listserv of engineering and technology supporters. Two rounds of two different Delphi survey instruments were utilized to complete …

A Summer Bridge Program's Impact: Social Engagement And The Building Of Self-Efficacy, Stephen L. Roach

Masters Theses

This two phase study sought to investigate the impact that a summer bridge program (SIHL) at a midsized, public institution at had on participants' academic success through an examination of its effect on their self-efficacy. In addition, this study sought to gain an increased understanding of how the program impacted self-efficacy, by providing a new conceptual model for examining the program and similar programs. Lastly, this study expanded on the research conducted by Lucas (2012), by incorporating both quantitative and qualitative methods. Participants in Phase 1, the quantitative phase, were 322 students of varying ages, races and ethnicities, genders, and …

Empathy, Perceived Popularity And Social Anxiety: Predicting Bystander Intervention Among Middle School Students, Nicole Menolascino

Masters Theses

Bullying is a prevalent issue in today's schools, and the importance of bystanders has been recognized; however, there are few studies that examine personal characteristics that relate to the five bystander behaviors within Latané and Darley's (1970) Bystander Intervention Model (notice the event, interpret as an emergency, accept responsibility, know what to do, and act). This study examined personal characteristics (i.e., cognitive and affective empathy, perceived popularity, and social anxiety) and their relation to each of the five steps of the Bystander Intervention Model in Bullying (Nickerson, Aloe, Livingston, & Feeley, 2014), as well as exploring gender as a moderator …