Digital Commons Network^™

Applying The Law Of Proportionality To Cyber Conflict: Suggestions For Practitioners, Eric Boylan

Vanderbilt Journal of Transnational Law

This Note examines the applicability of the law of armed conflict, and particularly the concept of proportionality, to cyber attacks. After exploring deviations in terminology that may lead to confusion in the field, it considers the difficulties associated with applying an area of law first implemented in the post-World War II era to technologies that have only become vitally important in recent years. Delving into some of the facets of cyber technology that make it unique as a potential battleground, this Note examines why those qualities make the law of proportionality particularly difficult to apply. Acknowledging that the law of …

Confronting Mexico's Enforced Disappearance Monsters: How The Icc Can Contribute To The Process Of Realizing Criminal Justice Reform In Mexico, Rodolfo D. Saenz

Vanderbilt Journal of Transnational Law

In 2015, the United Nations Committee on Enforced Disappearances released a report on Mexico, concluding that there is a generalized context of disappearances in the country, many of which would meet the legal definition of enforced disappearance. Despite the recurring pattern of mass disappearances throughout the country in the last decade, including the recent disappearance of forty-three students in Iguala, Mexico has not convicted a single person for an enforced disappearance committed after 2006. Equally appalling is the fact that 40 percent of missing person cases in the country never get opened. Mexico has begun a process of reforming its …

You're It! Tag Jurisdiction Over Corporations In Canada, Tanya J. Monestier

Vanderbilt Journal of Transnational Law

In September 2015, the Supreme Court of Canada released its decision in Chevron v. Yaiguaje, a case that legal commentators had been keeping an eye on for years. The Chevron case has spanned several decades as well as several continents, and the enforcement action in Ontario was the latest in a series of procedural moves aimed at enforcing a nearly $10 billion Ecuadorian judgment against the oil giant. In Chevron, the plaintiffs sought to have the judgment enforced in Ontario against both Chevron (the judgment debtor) and Chevron Canada (a seventh-level indirect subsidiary of the judgment debtor). The Chevron case …

The Perks Of Being A Whistleblower: Designing Efficient Leniency Programs In New Antitrust Jurisdictions, Sandra M. Colino

Vanderbilt Journal of Transnational Law

This Article develops a framework for effective leniency policy design in jurisdictions that have limited or no mileage enforcing antitrust laws. Through an extensive review of legal and economic studies of leniency and comparative analysis, the Article identifies hurdles common to young systems that may be tackled with analogous solutions. Some issues simply require a methodological enforcement strategy and time. Others, however, call for a readjustment of either the leniency programs or the antitrust systems they help to enforce. While the latter approach is preferable, it is more difficult to implement. This Article focuses on leniency and recommends three general …

Tribunalizing Sovereign Debt: Argentina's Experience With Investor-State Dispute Settlement, Stephen K. Park, Tim R. Samples

Vanderbilt Journal of Transnational Law

The global sovereign debt market, lacking a formal bankruptcy regime or binding regulatory oversight, is fundamentally shaped by the specter of conflicts between debtors that refuse to pay and holdout creditors that refuse to settle. Never was this more evident than in Argentina's most recent sovereign debt crisis, which spurred daring, innovative, and often controversial legal strategies. This Article focuses on one of the legacies of Argentina's sovereign debt crisis: the use of investor-state arbitration under international investment law to enforce sovereign bond contracts. Following Argentina's financial collapse in 2001, private creditors brought dozens of cases against Argentina before the …

Hidden By Sovereign Shadows: Improving The Domestic Framework For Deterring State-Sponsored Cybercrime, Eric Blinderman, Myra Din

Vanderbilt Journal of Transnational Law

This Article analyzes the domestic legal framework applicable to state-sponsored cybercrime. The Article describes several instances where state sovereigns perpetrated cybercrimes in the United States. It then outlines the legal framework that the US government utilizes to hold accountable those who perpetrate such crimes. This Article argues that the current legal framework does not have a deterrence effect on sovereign states engaged in such activity and that prosecutors who seek to apply the current framework against state sovereigns or who misattribute the source of such attacks could negatively impact US foreign policy. To remedy these defects, this Article asserts that …

A Look Into The Data Privacy Crystal Ball: A Survey Of Possible Outcomes For The Eu-U.S. Privacy Shield Agreement, Emily Linn

Vanderbilt Journal of Transnational Law

The trade relationship between the European Union and the United States, the largest cross-border data flow in the world, is in a state of uncertainty. Operating under different notions of what privacy should look like and divergent legal protections for personal data, the European Union and United States have struggled to reach a mutually acceptable agreement in the past. This Note analyzes their latest attempt, the EU-U.S. Privacy Shield, with specific emphasis on (1) the way it has improved upon its predecessor, the EU-U.S. Safe Harbor; (2) the weaknesses that still remain; and (3) the external factors that threaten the …

Hunt Or Be Hunted, Jeremiah Cioffi

Vanderbilt Journal of Transnational Law

Bulgaria is the geographic and political center of the European migrant crisis, which has the Bulgarian citizenry uneasy about its security. Bulgaria's societal disdain for Middle Eastern migrants stems from hundreds of years of subjugation and non-Muslim Bulgarians' second-class citizenship under the Ottoman Empire. Roving bands of civilian migrant hunters have begun taking the law into their own hands by capturing migrants and turning them over to the Bulgarian authorities for deportation. This Note discusses the illegality of such migrant hunting under Bulgarian domestic law. It then discusses how the impunity enjoyed by migrant hunters is an abdication of Bulgarian …

Reductionism And Accounts Of Cognitive Dissonance, Kent D. Bodily

Animal Sentience

Zentall (2016) proposed within-trial contrast as an alternative account of cognitive dissonance with greater parsimony and generalizability between human and nonhuman species. This commentary describes forms of reductionism, categorizes several competing accounts of cognitive dissonance phenomena, and addresses the strengths and weaknesses according to the reductionist form each account takes. A focus on functional relations may make explanation more parsimonious while bridging theoretical divides between human and nonhuman research programs.

Creating Digital Displays Of Grief: Appropriateness, Relationality, And Mourning Loss, Jenna L. Currie-Mueller, Kay M. Beckermann, Adam J. Copeland, Gunther-Michael Jahnl

Iowa Journal of Communication

More than half of enrolled college students experience a significant loss during their education. When coping with loss, students may turn to social media to express grief This study explored how college students participate in communicating loss online and how students perceive grief expressions and mourning messages of others on social media. Data was collected through virtual focus group interviews with 26 participants and analyzed using eclectic and pattern coding (Saldana, 2013). Results indicate participants perceived online mourning as either appropriate or inappropriate based on relational tie, channel, and perceived authenticity of the other's communication. When observing others' grief, participants …

Iowa Journal Of Communication, Volume 49, Number 2, Spring 2017 [Download Entire Issue]

Iowa Journal of Communication

No abstract provided.

Review Of Intercultural Communication In Japan: Theorizing Homogenizing Discourse, Albert Rintrona Iii

Iowa Journal of Communication

No abstract provided.

Ansi/Niso Z39.99-2017 Resourcesync Framework Specification, Kevin Ruthen, Jill Emery, Mark Doyle, Mark Needleman, Sue Baughman, Evan Owens, Oliver Pesch, Mike Dicus, Nassib Nassar, Tim Auger, Amy Kirchhoff, Sally Mccallum, Diana Magnoni, Paul Swanson, Gregory Grazevich, Nara Newcomer, Gregory Grazevich, Juha Hakala, Barbara Rapp, Beverly Geckle, Carol Brent, Gary Van Overborg, Rick Burke, Kristin Antelman, Scott Bernier, Pascal Calarco, John Dove, Lucy Harrison, Peter Murray, Christine Stohn, Julie Zhu, Todd Carpenter, Bernhard Haslhofer, Richard Jones, Martin Klein, Graham Klyne, Carl Lagoze, Stuart Lewis, Peter Murray, Michael Nelson, Shlomo Sanders, Robert Sanderson, Herbert Van De Sompel, Paul Walk, Simeon Warner, Zhiwu Xie, Jeff Young

Computer Science Faculty Publications

This ResourceSync specification describes a synchronization framework for the web consisting of various capabilities that allow third-party systems to remain synchronized with a server’s evolving resources. The capabilities may be combined in a modular manner to meet local or community requirements. This specification also describes how a server should advertise the synchronization capabilities it supports and how third-party systems may discover this information. The specification repurposes the document formats defined by the Sitemap protocol and introduces extensions for them.

Hurricanes, Fraud, And Insurance: The Supreme Court Weighs In On, But Does Not Wade Into, The Concurrent Causation Conundrum In State Farm Fire And Casualty Company V. Rigsby, Chris French

Faculty Scholarship

In the December 6, 2016 Supreme Court decision, State Farm v. Rigsby, a homeowner’s house was damaged by Hurricane Katrina. The homeowner had homeowners insurance with State Farm and a flood insurance policy that was administered by State Farm on behalf of the federal government. The claims adjusters assigned by State Farm to handle the homeowner’s claim allegedly were instructed by State Farm to misclassify wind damage as flood damage in order to shift State Farm’s own liability for the loss to the federal government. The claims handlers filed a lawsuit against State Farm under the False Claims Act …

Using Blended Learning To Improve Undergraduate Introduction To Literature Courses: A Mixed Methods Approach, Julie Leigh Klein

Dissertations and Theses @ UNI

Blended learning is being used more and more in higher education. However, for humanities and other loosely content structured areas, blended learning can be challenging. It has generally been reserved for subject areas such as computer programing, mathematics, business, science, and statistics--courses where competence is commonly assessed by administering work on which performance is either right or wrong. Furthermore, agreement has not yet been reached on how to best incorporate the face-to-face and online teaching resources. This study examines one approach of implementing web-based instruction to improve undergraduate Introduction to Literature courses at a midsized Midwestern university.

This study was …

Wgs 40th Anniversary Slideshow Presentation, University Of Northern Iowa. Women's And Gender Studies Program.

Women’s and Gender Studies Program Documents

Slideshow that ran in background during the WGS 40th Anniversary luncheon.

Maya Lin In Conversation, Sam Fox School Of Design & Visual Arts, Maya Ying Lin

Books and Monographs

Record of a conversation held in Umrath Hall at Washington University in St. Louis on November 17, 2016 between Maya Lin and Sam Fox School faculty and students. The event was co-hosted by Women in Architecture + Design. Contents Introduction / Natasha Tabachnikoff -- Submissions / Sam Fox Students & Faculty -- In conversation / Maya Lin ; transcribed by Jenny Li. Question 1 / Francisco Coch ; Question 2 / Mingxi Li ; Question 3 / Jenna Schnitzler ; Question 4 / Jared Crane ; Question 5 / Natasha Tabachnikoff ; Question 6 / Rita Wang ; Question 7 …

An Ocean Between Us: The Implications Of Inconsistencies Between The Navigational Laws Of Coastal Arctic Council Nations And The United Nations Convention On The Law Of The Sea For Arctic Navigation, Laura C. Williams

Vanderbilt Law Review

Appraisal rights are codified by section 262 of the Delaware General Corporation Law ("DGCL"), which grants dissenting target shareholders in a merger the right to seek judicially determined fair value for their shares.' Appraisal rights therefore aim to protect dissenting shareholders from majority expropriation. 2 However, a new class of shareholders has emerged, testing the bounds of this remedy. "Appraisal arbitrageurs" are hedge funds who seek to exploit the once seldom- used appraisal remedy by buying target company stock after the announcement of the merger solely to pursue appraisal. These appraisal arbitrageurs have fueled the ongoing resurgence of appraisal litigation, …

Monopolies In Multidistrict Litigation, Elizabeth Chamblee Burch

Vanderbilt Law Review

When transferee judges receive a multidistrict proceeding, they select a few lead plaintiffs' lawyers to efficiently manage litigation and settlement negotiations. That decision gives those attorneys total control over all consolidated plaintiffs' claims and rewards them richly in common-benefit fees. It's no surprise then that these are coveted positions, yet empirical evidence confirms that the same attorneys occupy them time and again.

Anytime repeat players exist and exercise both oligopolistic leadership control across multidistrict proceedings and monopolistic power within a single proceeding, there is concern that they will use their dominance to enshrine practices and norms that benefit themselves at …

Assessment Of Molecularly Imprinted Polymers As Phosphate Sorbents, Cody Ritt

Civil and Environmental Engineering

Wastewater effluents and agricultural runoff are major sources of phosphorus overloading in surface waters. Phosphorus overloading ignites eutrophication, which devastates aquatic ecosystems. On the other hand, phosphorus, which is currently produced from phosphate rock, is a critical component of fertilizer mixes. However, the world is predicted to face a shortage of phosphate supply beyond 2033 due to unsustainable mining. This research aims to develop a polymeric sorbent that recovers low-concentration phosphorus for eutrophication prevention and fertilizer reuse. Available polymer-based products have underwhelmed expectations by having poor selectivity or lacking appropriate biodegradation rates. This research identified molecularly imprinted polymers (MIPs) as …

Identification Of Aptamer Specific For Carcinoembryonic Antigen And Its Analytical Applications, Michelle Lund

Chemistry and Biochemistry

Carcinoembryonic Antigen (CEA) is an approved cancer biomarker by the Food and Drug Administration (FDA) for the early detection, diagnosis, and for the use in the regular screening of patients at high risk for the development of cancer. Traditional methods to determine the concentrations of CEA are based on utilizing antibodies. In this project, a graphene oxide (GO)–assisted systematic evolution of ligands through exponential enrichment (SELEX) was used to identify DNA aptamers specific for CEA. The dissociation constants of the identified aptamers were determined with surface plasmon resonance (SPR). Comparison of the dissociation constants of aptamers isolated from the GO-based …

Why Referees Stay In The Game, Lynn L. Ridinger, Stacy Warner, Jacob K. Tingle, Kyungun R. Kim

Human Movement Studies & Special Education Faculty Publications

Current trends indicate the number of qualified sports officials continues to dwindle. Therefore, this research sought to better understand reasons for initial entry, continuation, and potential discontinuation with officiating, while also identifying problematic issues, and potential solutions. Content analysis was utilized to examine five open-ended online survey responses from 2,485 referees. The results indicate that Enjoyable Affiliation (58%) and Remuneration (14%) were key to referees becoming involved in officiating. Those two themes, Enjoyable Affiliation (75%) and Remuneration (14%), were also identified as important to retaining officials. Physical Limitations were mentioned by 58% of the respondents regarding why they plan to …

From Froot Loops To Fitness: My Journey As An Educator And Person With Diabetes, Sheri R. Colberg

Human Movement Studies & Special Education Faculty Publications

This article is adapted from the address of Dr. Colberg delivered as the recipient of the American Diabetes Association's Outstanding Educator in Diabetes Award for 2016. She delivered the address in June 2016 at the association's 76th Annual Meeting and Scientific Sessions in New Orleans, LA.

Abortion In A Post-Truth Moment: A Response To Erwin Chemerinsky And Michele Goodwin, Aziza Ahmed

Faculty Scholarship

In Abortion: A Woman’s Private Choice, Erwin Chemerinsky and Michele Goodwin respond to the crisis of abortion rights in our current political moment. While preserving the right to abortion is an ongoing challenge for reproductive-justice advocates and lawyers, the arrival of a new Republican administration led by Donald Trump and a Republican majority in the House and Senate heightens these concerns. In the face of ongoing and new threats to abortion access, Chemerinsky and Goodwin argue that abortion should be treated as a woman’s private choice. I agree with Chemerinsky and Goodwin, as all supporters of abortion rights should. …

Financing The Benefit Corporation, Dana Brakman Reiser, Steven A. Dean

Faculty Scholarship

The hybrid organizational forms designed with social enterprises in mind have proven to be hothouse flowers. Flourishing in state legislatures, even those with the most distinguished pedigrees-such as Delaware's public benefit corporation'-have so far failed to thrive in the marketplace. Fortunately, hybrid financial instruments offer a source of strength and stability that can help social enterprise to take root.

This Article examines the valuable role that financial instruments can play in providing social enterprises with the capital they need to grow. Debt with equity features and equity with debt characteristics constitute the lion's share of such financial tools. More exotic …

Agency Imprimatur & Health Reform Preemption, Elizabeth Mccuskey

Faculty Scholarship

At this moment, there exists nearly unanimous agreement that the American health care system requires reform, but also vehement disagreements over what form regulation should take and who should be in charge of regulating—state or federal authorities. Preemption doctrine typically referees disputes between federal and state regulatory efforts, but it also exacerbates them. There exists nearly as unanimous opinion that preemption doctrine in health law is a mess. This Article identifies an inventive structure that may help defuse some preemption problems in health reform.

The Affordable Care Act’s (ACA) individual and employer mandates, health insurance exchanges, and insurance coverage standards …

Imagining Equity And Inclusion: South Africa's International Economic Politics And Reflections On The Writings Of Justice Dikgang Moseneke, Erika George

Faculty Scholarship

In honour of Justice Dikgang Moseneke, this essay takes up his invitation to imagine an ethos consistent with South African Constitutionalism, one which could promote economic justice. This essay explores how the tools of international economic law as utilised by South Africa could serve as a means of transformation to advance the end of a more inclusive economic globalisation. South Africa's trade policies and participation in international business and human rights policy initiatives are offered as illustrations of a shift towards asserting interests aligned with the country's constitutional economic justice commitments. First, emphasising Justice Moseneke's writings outside of his rulings …

Athletic Ticket Pricing In The Collegiate Environment: An Agenda For Research, Craig A. Morehead, Stephen Shapiro, Timothy M. Madden, Lamar Reams, Chad D. Mcevoy

Human Movement Studies & Special Education Faculty Publications

s pressure mounts for intercollegiate athletic departments to be more selfsufficient, administrators must respond by increasing generated revenues. Despite the importance of ticket sales in this endeavor, however, little is known about the underlying ticket pricing structures and policies used by National Collegiate Athletic Association (NCAA) institutions. Of the limited existing scholarship focused on managerial pricing decisions in the field of sport management, only professional sports settings have been addressed. Given the unique operational differences between professional and intercollegiate sport, this paper is designed to establish a foundation from which to build future research concerning the pricing of college sport …

Improving The K-12 Online Course Design Review Process: Experts Weigh In On Inacol National Standards For Quality Online Courses, David Adelstein, Michael K. Barbour

Within the K-12 online learning environment there are a variety of standards that designers can utilize when creating online courses. To date, the only research-based standards available are proprietary in manner. As such, many jurisdictions have begun adopting online course design standards from the leading advocacy organization, which that have yet to be validated from a research perspective. This article reports on the second phase of a three-stage study designed to examine the validity and reliability of the iNACOL National Standards for Quality Online Courses. Phase two utilizes two groups of expert reviewers to examine and provide feedback with goal …

Working Conditions For K-12 Distance & Online Learning Teachers In Canada, Michael K. Barbour

“Teacher unions in Canada have had concerns about developments in online learning, but have generally been supportive if they have felt conditions were appropriate,” according to the Director of Research and Technology at the British Columbia Teachers’ Federation (BCTF). This sentiment has been echoed by the researchers involved in the annual State of the Nation: K- 12 E-Learning in Canada. These researchers have also underscored the fact that teacher unions have also been active in conducting research to investigate how teaching in the distance education and online learning environment is different than teaching in the classroom, and what impact that …