Digital Commons Network^™

From Outlaw To Outcast To In-Law? Contesting The Perils Of Marriage Equality, Linda C. Mcclain

Faculty Scholarship

I am pleased to offer the opening commentary in this BU Law Review Annex symposium on Professor Katherine Franke’s provocative new book, Wedlocked: The Perils of Marriage Equality. As previewed by the book’s additional subtitle, “How African Americans and Gays Mistakenly Thought the Right to Marry Would Set Them Free,” Franke aims to provide “cautionary tales” gleaned, or lessons learned, from juxtaposing post-Civil War regulation of the marriages of African Americans freed from slavery with today’s movement for marriage equality for gay men and lesbians.3 Long a skeptic about the gay community’s focus on the goal of marriage—its (in …

Taking Trust Seriously In Privacy Law, Neil Richards, Woodrow Hartzog

Faculty Scholarship

Trust is beautiful. The willingness to accept vulnerability to the actions of others is the essential ingredient for friendship, commerce, transportation, and virtually every other activity that involves other people. It allows us to build things, and it allows us to grow. Trust is everywhere, but particularly at the core of the information relationships that have come to characterize our modern, digital lives. Relationships between people and their ISPs, social networks, and hired professionals are typically understood in terms of privacy. But the way we have talked about privacy has a pessimism problem – privacy is conceptualized in negative terms, …

Adjudicating Risk: Aids, Crime, And Culpability, Aziza Ahmed

Faculty Scholarship

The AIDS epidemic continues to pose significant public health challenges, especially given that the spread of the virus outpaces the AIDS response.¹ Importantly, HIV continues to disproportionately impact socially and economically marginalized communities. In countries with concentrated epidemics,² it is racial minorities, sex workers, men who have sex with men, and drug users who face the brunt of the epidemic.³ In the United States, the data is startling⁴ : 44% of new infections were among African-Americans, and among African-Americans contracting HIV, 57% were among gay and bisexual men.⁵ In 2016, the CDC found that one …

Oppression, Manifesting From A Government Mission Of Positive Social Change, David P. Ramstad

Walden Dissertations and Doctoral Studies

Government social interventions hold considerable power over what choices and opportunities impoverished households have available to escape the oppressive socioeconomic trappings of poverty. The U.S. Internal Revenue Service’s Low Income Housing Tax Credit (LIHTC) is one such program. While there are many positive mission statements of social governance, this study focused on the regressive potential for oppressive institutional policies and practices. Theoretical frameworks guiding the study were Pierce’s 1979 model of oppression and Crenshaw’s 1989 intersectionality theory. The quantitative design’s hypothesis and research question focused on whether significant relationships exist between LIHTC project placement and highest concentrations of six commonly …

Back To Basics: Public Adjudication Of Corporate Atrocities Torts, Maya Steinitz

Faculty Scholarship

The editors of this online symposium invited me to contribute to the subject of an argument I have recently advanced. This argument is that the world needs a permanent International Court of Civil Justice (ICCJ) to adjudicate cross-border mass torts. A common reaction to this proposal has been to suggest that the function of such an international court be assumed by one of the existing arbitration institutions or filled by a new one. I’d like to take this opportunity to argue against that idea.

Corporate atrocities, which are the symposium’s focus, may be crimes, but they also have a tort …

A Pragma-Dialectical Approach To Argumentative Discourse, Touria Drid

Khazar Journal of Humanities and Social Sciences

Theoretical and procedural diverseness is a feature characterising the study of argumen- tation. The common core in all perspectives is to examine a type of discourse that attempts to convince another party of the acceptability of one’s view(s) through a set of arguments, but what differs, to a larger or lesser extent, is the theoretical apparatus through which discourse is scrutinised. The present paper offers a general account of the pragma-dialec- tical approach to argumentation. Expatiating on the principal theoretical and methodolo- gical lines on which the theory proceeds, the paper aims at delineating the analytical tools provided in this …

Achieving Value Co-Creation In It Outsourcing, Szu-Yuan Sun, Li-Shan Chen

Journal of International Technology and Information Management

Over the past few decades, information technology outsourcing has become a widely used and researched means for enterprises to enhance their performance. As future collaboration is the most desirable outcome between enterprises and IT outsourcing vendors, the purpose of this study is to construct a new model to examine: 1) whether information technology outsourcing satisfaction impact future collaboration, 2) whether value co-creation impact outsourcing satisfaction, 3)which factors influence value co-creation, and 4) whether trust influence enterprises’ commitments. This research assumes that: 1) trust predicts enterprises’ commitments; 2) customer orientation and participation, service quality, communication culture, and enterprises’ commitment predicts value …

Enhancing The Use Of Web 2.0 Technologies In Higher Education: Students’ And Lectures’ Views, Razep Echeng, Abel Usoro

Journal of International Technology and Information Management

Learning quality enhancement with Web 2.0 tools needs good implementation framework and lessons from best practice. However, there is not much research on what constitutes best practice in the implementation of Web 2.0 in learning activities. This research seeks to fill this gap by seeking the views of students and lecturers on increased adoption of Web 2.0 social tools in learning activities. The research reports on the quantitative and qualitative study carried out in UK. This research reveals that improved learning experience with the use of Web 2.0 tools in higher education is positively related to perceived usefulness, perceived ease …

Trends In Commercial-Off-The-Shelf Vs. Proprietary Applications, Vijay K. Agrawal, Vipin K. Agrawal, A. Ross Taylor

Journal of International Technology and Information Management

This study examines factors valued by IS managers in deciding if COTS software is a viable alternative to proprietary software. The results indicate managers who anticipate increased usage of COTS packages in 5 years used the same top three factors in the formation of their decisions to adopt COTS as their colleagues who anticipated either zero change in COTS usage or an increased usage of proprietary software used in deciding not to adopt COTS software. Managers anticipating increased COTS usage had a statistically significant higher value for each of those items compared to managers not anticipating growth in COTS software.

Healthcare System-Use Behavior: A Systematic Review Of Its Determinants, Jiming Wu

Journal of International Technology and Information Management

To understand patient and physician behavior, researchers have investigated the determinants of using healthcare information systems. Although this stream of research has produced important findings, it has yet to appreciably advance our understanding of system-use behavior in healthcare. To fill this gap, the current paper employs a systematic review to synthesize past research, reveal the key determinants of healthcare system usage, and illuminate a deeper understanding of the topic. This study thus helps healthcare researchers expand their baseline knowledge of these core determinants and conduct more fruitful future research on system-use behavior in healthcare.

The Perceived Business Benefit Of Cloud Computing: An Exploratory Study, Thomas Chen, Ta-Tao Chuang, Kazuo Nakatani

Journal of International Technology and Information Management

The objective of the research is to study the benefits of cloud computing perceived by adopters and examine the impact of moderating factors on the relationship between the type of cloud computing and the perceived benefit. The moderating factors include firm size and value-chain activities. A measurement instrument of a 5-point Likert scale was administered on businesses of different sizes in Taiwan. The benefit of cloud computing measured in the study were: cost reduction, improved capability and enhanced scalability. The results show that the perceived benefit of cloud computing varies depending on the type of cloud computing, the value chain …

Codification Of Statements On Standards For Accounting And Review Services (Including Statements On Standards For Accounting And Review Services [Clarified]), Numbers 1-21, As Of January 2016, American Institute Of Certified Public Accountants (Aicpa)

AICPA Professional Standards

No abstract provided.

Pcaob Standards And Related Rules, Volume 2, As Of January 2016, Attestation, Ethics & Independence, Quality Control, Pcaob Staff Guidance, Select Rules Of The Board, Select Pcaob Releases, American Institute Of Certified Public Accountants (Aicpa)

AICPA Professional Standards

No abstract provided.

Crowdsourcing Legal Research: The Opportunities And Challenges, Pat Newcombe

Faculty Scholarship

Crowdsourcing legal research has the potential to change how legal information is accessed and shared by providing free and value-added resources to the legal community. This Article explores legal crowdsourcing attempts, focusing on Casetext and Mootus. Although the ideal crowdsourcing legal research site has yet to be realized, crowdsourcing has a future because it embodies the concept of social justice and the next generations of attorneys will likely be open to collaboration.

A Bare Desire To Harm: Transgender People And The Equal Protection Clause, Kevin M. Barry, Brian Farrell, Jennifer Levi, Neelima Vanguri

Faculty Scholarship

The U.S. Supreme Court’s decision in Obergefell v. Hodges establishing marriage equality for same-sex couples marks a major shift in recognizing gay, lesbian, and bisexual people as a central part of the fabric of American society. Obergefell also marks the passing of the torch from “LGB” to “T”; the next civil rights frontier belongs to transgender people, for whom key barriers still remain. In January 2015, a transgender woman filed an equal protection challenge to a provision of the Americans with Disabilities Act (“ADA”), which explicitly excludes several medical conditions closely associated with transgender people. In support of this challenge, …

Student-Edited Law Reviews Should Continue To Flourish, Sudha Setty

Faculty Scholarship

In this Article, the Author opines that the institution of the student-edited law review could no doubt be improved upon in a number of ways, but the existence of the student-edited journal should be sustained, nurtured, and grown by law school administration and faculty. Helping student-edited law reviews improve and flourish should be part of the mission of teachers, scholars, and lawyers committed to providing a skills-based education, for an intellectual discourse, and a service to the legal community.

Avoiding Overtreatment At The End Of Life: Physician-Patient Communication And Truly Informed Consent, Barbara A. Noah, Neal R. Feigenson

Faculty Scholarship

This Article considers how best to ensure that patients have the tools to make informed choices about their care as they near death. Informed decision making can help reduce excessive end-of-life care and unnecessary suffering, and result in care that aligns with patients’ well-considered values and preferences. The many factors that contribute to dying patients receiving too much therapy and life-prolonging care include: the culture of denial of death, physicians’ professional culture and attitudes toward treatment, physicians’ fear of liability, physicians’ avoidance of discussions about prognosis, and the impact of payment incentives that encourage overutilization of medical technologies.

Under the …

Guardians Of Municipal Public Trees: Commonwealth Of Massachusetts Tree Wardens’ Authority And Accountability, Julie E. Steiner

Faculty Scholarship

Today’s tree wardens are continually called upon to strike a balance between preservation of public trees and protection of the public from hazardous tree conditions. The Commonwealth of Massachusetts has been a pioneer in tree protection legislation, including the enactment of the first state legislation requiring a municipal tree warden. As guardians of the municipal landscape, tree wardens decide whether and when to plant new public shade trees, or to permit those that already exist to be cut, trimmed, or removed. This Article describes the important historical role the Commonwealth of Massachusetts has played in protecting public trees, the legal …

The (Ir)Rationality Of (Un)Informed Consent, Barbara A. Noah

Faculty Scholarship

This essay considers the problem of over-utilization of medical care at the end of life and the lack of truly informed consent and briefly considers the multiple causes of these phenomena. It then explores the inherent challenges to making informed medical decisions using concepts of Knightian uncertainty, bounded rationality, optimism bias, and other heuristics. The essay concludes that uncertainty inherent in these decisions means that challenges to making truly informed decisions about medical care are even more substantial than physicians acknowledge or patients ever realize. Acknowledging these challenges is the first step to better medical decision making. informed consent has …

"As Who They Really Are": Expanding Opportunities For Transgender Athletes To Participate In Youth And Scholastic Sports, Erin E. Buzuvis

Faculty Scholarship

The aim of this Article is to assist the efforts of inclusion of transgender athletes by helping decision-makers in scholastic athletics and youth sports understand why and how to create inclusive policies. These decision-makers include leaders and stakeholders in local, state, and national sport organizations.

This Article begins with an overview of policies already adopted by interscholastic athletic associations and sport governing bodies that regulate youth sport programs. It critiques policies that categorically exclude and otherwise impose limitations on transgender persons who seek to participate in sports in a manner consistent with their gender identities (what this Article will refer …

Some Key Elements On Entomophagy In Africa: Culture, Gender And Belief, S. Niassy, H. D. Affognon, K. K.M. Fiaboe, K. S. Akutse, C. M. Tanga, S. Ekesi

All Peer-Reviewed Publications

Edible insects are a natural renewable food resource and, within the context of food security could be one solution for Africa. Although, entomophagy is still being practiced in Africa, there is a degree of rejection in certain milieu due to negative images associated with insects and poor awareness efforts. In order to understand the key elements that govern entomophagy in Africa, we conducted an online survey on edible insects in African countries and documented the importance of insects, cultures and believes associated to their use. We eventually looked at gender participation in entomophagy. Study showed that insect consumption can be …

Chemical Ecology Of African Tephritid Fruit Flies, Ayuka T. Fombong, Donald L. Kachigamba, Baldwyn Torto

All Peer-Reviewed Publications

African Tephritid fruit flies are distributed in three main genera, Bactrocera, Ceratitis and Dacus constituting both indigenous and invasive species. They use a diverse and complex range of semiochemicals for host location and reproduction. This chapter reviews the identification of these semiochemicals and includes examples of lures developed from some of these chemicals for the management of economically important fruit fly species.

Managing Stress Among Librarians In Selected University Libraries In Ogun State Nigeria, Promise Ilo

Library Philosophy and Practice (e-journal)

Abstract

Stress is evident in every workplace, irrespective of type or location. This study revealed that librarians experience stress in federal, state and private universities. However, there are variations in the levels of stress experienced by librarians from private, state and federal universities. According to the findings, there is no significance difference in the causes of stress among the various kinds of libraries studied. The causes are rather evident in physical, environmental, organizational, cultural, and managerial factors. There is high prevalence of stress among women of child bearing age as a result of the interface between home and the workplace. …

Research Trends In Medical Physics: A Global Perspective, Ramiah Santha Kumar Mr

Library Philosophy and Practice (e-journal)

The paper presents an analysis of 11181 global publications in medical physics, indexed in Web of science database during 2000-2013; the average number of publications published per year was 798.64. Out of 11181 publications, maximum of 5014 (44.84%) publications have been contributed by mega authors, followed by multi authors with 3588 (32.09%) publications. The value of co authorship index for mega authored publications is the highest. The highest value of collaboration coefficient is 0.67 in 2013. The Degree of collaboration of publications of the medical physics is 0.96. Hendee, W R, Medical college Wisconsin, USA is the most productive author …

Assessing The Information Needs And Information Sources Of Urban And Peri-Urban Livestock Keepers In Kinondoni And Morogoro Urban Districts, Tanzania., Consolata Angello 1, Jangawe Msuya 2, Doris Matovelo 3

Library Philosophy and Practice (e-journal)

This paper discusses the information needs of urban and peri-urban livestock keepers and the various information sources used and their effectiveness in disseminating livestock information. Mixed method approach was the methodology used in the study whereby quantitative data was gathered using questionnaires while qualitative data was gathered using in-depth interviews and participant observations. Findings from this study revealed that livestock keepers had various information needs such as disease control (95.3%), nutrition and feeds (62.2%), markets (56.3%), housing techniques (29.1%) and loans (20.1%). Urban livestock keepers also used different sources of information to access information including veterinary shops (77.2%), extension services …

Library Information Resources And Services Utilization As Correlates Of Creativity Of Senior Administrative Staff Of Polytechnics In South West, Nigeria, Ganiyu Idowu Buhari

Library Philosophy and Practice (e-journal)

Preliminary investigation into our institutions of higher learning revealed an ugly situation characterized by regular students’ unrest and even unnecessary labour agitations resulting in occasional closure of the institutions, polytechnics inclusive.

This unhealthy situation provides an important background for undertaking a research on the effect of library information resources and services utilization on the creativity of the people in charge of the institutions’ affairs. This study therefore looked into the library information resources and services utilization as correlates of creativity of senior administrative staff of polytechnics in South-west, Nigeria. A single stage random sampling technique was adopted to draw a …

The Intellectual Patterns Of Management Information System Research: A Bibliometric Study On International Journal Of Management Reviews, Basudev Mohanty, Jyotshna Sahoo

Library Philosophy and Practice (e-journal)

The present study is modeled with the purpose to explore the quantitative and qualitative assessment of global Management Information System (MIS) research by using various bibliometric indicators on International Journal of Management Reviews (IJMR) journal literature. It examines and presents an analysis of 180 research communications published during the period 1999-2009 in the area of MIS. The present study significantly examines the various bibliometric dimensions of the journal literature such as growth of literature, authorship pattern, degree of collaboration, authors’ productivity, geographical distribution, citation pattern, length of articles, institution-wise distribution of articles, journal matrix, discipline-wise distributions of articles, productive institutions …

Assessment Of Collection Development Practices: The Case Of Valley View University Library, Ghana., Samuel Ameyaw, Florence Entsua- Mensah,

Library Philosophy and Practice (e-journal)

The focus of this study was on collection development practices at Valley View University (VVU) Library in Ghana. The study was set out to find out if there exists a collection development policy at VVU library. The population of the study was stratified into two main categories namely users of the library and the library staff .In selecting the students, simple random sampling technique was employed to select the students from four departments out of seven. The total population for both library staff and faculty members were used. Therefore sample size for the study was three hundred and two (302) …

School Library Media Resources Availability As A Predictor Of Secondary School Students Academic Achievement In Social Studies In Ondo State, Nigeria, Kayode Abel Afolabi Mr

Library Philosophy and Practice (e-journal)

The poor performance of Junior Secondary school students in Social Studies has been a source of concern for government and other stakeholders in education in Nigeria. This is occasioned partly by lack of relevant media resources needed for teaching and learning in Social Studies. This is why this study intended to investigate the extent of availability of school library media resources in the school library media centre and how that has contributed to students’ achievement in Social Studies in JSS in Ondo State. A questionnaire titled “School Library Media Resources Questionnaire” was used to gather information on availability of school …

The Transformation Of The U.S. Government Publishing Office: A Strategic Analysis From An Intergovernmental Perspective, Glenn Mcguigan

Library Philosophy and Practice (e-journal)

An intergovernmental relations perspective is important to understand challenges facing the U.S. Government Publishing Office (GPO). National library related programs exist as intergovernmental networks tasked with gathering, preserving, and disseminating government information produced at the national level. This paper begins with an overview of the work of the GPO and a discussion of what is meant by an intergovernmental perspective. In reviewing the scholarly literature that has been produced within the last twenty years regarding the work of the GPO, focusing upon organizational dimensions of the Federal Depository Library Program (FDLP), the author addresses intergovernmental trends that are impacting these …