Digital Commons Network^™

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 …

Eleff On Shapiro, 'Changing The Immutable: How Orthodox Judaism Rewrites Its History', Zev Eleff

Hebrew Theological College Publications and Research

No abstract provided.

Adiponectin Partially Rescues High Glucose/High Fat-Induced Impairment Of Mitochondrial Biogenesis And Function In A Pgc-1Α Dependent Manner., H. Wang, W.-J. Yan, J.-L. Zhang, F.-Y. Zhang, C. Gao, Y.-J. Wang, W.B. Lau, L. Tao

Department of Emergency Medicine Faculty Papers

OBJECTIVE: Plasma adiponectin (APN) levels are decreased in diabetic patients. Dysfunctional mitochondrial biogenesis is involved in type 2 diabetes (T2DM) pathogenesis, by unclear mechanisms. The present study determined (1) whether myocardial mitochondrial biogenesis was impaired in cardiomyocytes exposed to a high glucose/high fat (HGHF) medium (a T2DM in vitro model), (2) the effects of APN administration upon mitochondrial biogenesis in cardiomyocytes affected by HGHF incubation, and 3) the involved underlying mechanisms.

MATERIALS AND METHODS: Neonatal rat ventricular myocytes (NRVMs) were isolated and incubated in HGHF medium. Mitochondrial function was assessed by ATP content, and fluorescent microscopic analysis of myocardial apoptosis …

Statute Language And Clinicians' Judgments Of Treatment Amenability In Juvenile Waiver Cases, Anthony S. Lawrence Jr.

All-Inclusive List of Electronic Theses and Dissertations

Reflecting concerns regarding the suitability of managing certain juvenile offenders within the juvenile justice system, the Court has embraced the transfer of juveniles to adult court as a necessary measure. Among the factors to be considered when deciding between retaining an offender in the juvenile system and transferring him to the adult court concerns his amenability to treatment. Little empirical research has been devoted to this topic, especially with regard to the circumstances that may influence these clinical decisions. The present study explored how clinicians conceptualize and assess treatment amenability, and whether judgments are context dependent when presented with a …

Spirituality And Masculinity: Discovering If Faith Influences The Social Construction Of Masculinity, Justin Heth

All-Inclusive List of Electronic Theses and Dissertations

The purpose of this study was to understand if spirituality influenced the social construction of masculinity in the lived experiences of college men. A phenomenological study was conducted using a social constructivist worldview by conducting 13 semistructured interviews at a four-year public university in the Midwest. The interviews were digitally recorded and analyzed revealing the emergence of six themes: (a) fathers shape their sons' understanding of masculinity, (b) emotions are acceptable to embrace, (c) spiritual men experience unique tensions with their peers, (d) spirituality sets men apart from their peers, (e) a spiritual guy code exists, and (f) spirituality influences …

The Impact Of Evidence Drive I/O And Processing Cores In A Forensics Distributed Processing Array, Todd D. Koonts

All-Inclusive List of Electronic Theses and Dissertations

As drive sizes increase at a relentless rate in computer systems, it has become far more time consuming to process the data sets for the forensic examiner. The advent of cloud computing and the significant size of data queries in e-discovery litigation has also significantly impacted the processing times for cases in the digital forensics field. It is not uncommon for significant delays to occur in processing of this digital evidence. Distributed Processing will likely become a primary method to process evidence in digital forensics due to these increasingly problematic conditions. While there are recommendations from companies that sell distributed …

A Security Visualization Analysis Methodology For Improving Network Intrusion Detection Efficiency, David Nathan Freet

All-Inclusive List of Electronic Theses and Dissertations

The flood of raw data generated by intrusion detection and other network monitoring devices can be so overwhelming that it causes great difficulty in detecting patterns that might indicate malicious traffic. In order to more effectively monitor and process network and forensic data within a virtualized environment, Security Visualization (SecViz) provides software-based visual interfaces to analyze live and logged network data within the domains of network security, network and cloud forensics, attack prevention, compliance management, wireless security, secure coding, and penetration testing. Modern networks generate enormous amounts of data that is often stored in logs. Due to the lack of …

Adult Learning And The Effect Of Education And Gender Interaction On Type 2 Diabetics, Abdi H. Nur

All-Inclusive List of Electronic Theses and Dissertations

The purpose of this mixed methods research study was to investigate whether the relationships between Education and medication and healthy exercise adherence were the same among female and male Type 2 diabetic adult learners. The purpose included also exploring whether registered nurses would alter their approach to diabetic adult learners Education on medication and healthy exercise adherence considering patients gender and Education levels. The study also investigated the correlation between diabetes duration and medication and healthy exercise adherence. The research investigation employed mixed methods sequential explanatory design using qualitative data to help explain the quantitative findings. The quantitative study was …

“What Sort Of Communists Are You?” The Struggle Between Nationalism And Ideology In Poland Between 1944 And 1956, Jan Ryszard Kozdra

Theses: Doctorates and Masters

The period between 1944 and 1956, also known as the “Stalinist period”, is one of the most controversial and turbulent in Polish history. The Polish communist party launched the project of restructuring Polish society, whose historically wellestablished national identity seemed incompatible with the communist project. Firstly, the communists effected a demographic change that resulted in a near monoethnic state. Simultaneously, they introduced a centrally planned economy, transformed state symbolism, initiated a national education system, attempted to reshape popular attitudes to religion, and launched a massive propaganda campaign to reinforce and popularize their objectives.

This study seeks to investigate the communists’ …

The Legality Of Data Residency Requirements: How Can The Trans-Pacific Partnership Help?, Shin-Yi Peng, Han-Wei Liu

Research Collection Yong Pung How School Of Law

Article 14.13 of the Trans-Pacific Partnership (TPP) Agreement – the data localization (DL) clause – represents the first time that a far-reaching preferential trade agreement (PTA) seeks to reduce protectionism arising from data residency (DR) requirements. The DL clause, however, is linked to a loose GATT Article XX-like exception: Article 14.13(3)(b), which allows the parties to maintain DR measures to achieve a legitimate public policy objective as long as the measure in question can satisfy the ‘necessity test’. The ambiguity of the DL exception will be clarified by TPP tribunals when a real dispute occurs. After examining the rationales of …

Fukushima Daiichi-Derived Radionuclides In The Ocean: Transport, Fate, And Impacts, Ken O. Buesseler, Minhan Dai, Michio Aoyama, Claudia R. Benítez-Nelson,, Sabine S. Charmasson, Kathryn A. Higley, Vladimir S. Maderich, Pere Masqué, Paul J. Morris, Deborah H. Oughton, John N. Smith

Research outputs 2014 to 2021

The events that followed the Tohoku earthquake and tsunami on March 11, 2011, included the loss of power and overheating at the Fukushima Daiichi nuclear power plants, which led to extensive releases of radioactive gases, volatiles, and liquids, particularly to the coastal ocean. The fate of these radionuclides depends in large part on their oceanic geochemistry, physical processes, and biological uptake. Whereas radioactivity on land can be resampled and its distribution mapped, releases to the marine environment are harder to characterize owing to variability in ocean currents and the general challenges of sampling at sea. Five years later, it is …

A Qualitative Analysis Of A Team's Experience Of Coping With Bereavement After The Death Of A Head Coach, Matthew Paul Gonzalez

Master's Theses

The consequences of coping with death as an athlete have been documented in the literature by a variety of studies. However, these studies have remained largely focused on coping with the death of a teammate. This study examined the inter- and intrapersonal impact of experiencing the death of a head coach. Experiencing the death of a head coach during the season may have profound and varied psychosocial consequences for all members of a team. A collegiate team was identified as having experienced the death of its head coach during his tenure and from that team five participants (four players and …

Review Of Punishment In Popular Culture By Charles Ogletree Jr. & Austin Sarat, Eds., Jessica Silbey

Faculty Scholarship

The editors of Punishment in Popular Culture remind us that "through practices of punishment ... cultural boundaries are drawn, that solidarity is created through acts of marking difference between self and other, that these processes proceed through disidentification as much as imagined connection." (p. 2) This is no doubt true about the organization, justification and reception of various forms of punishment in society. It is no less true about the creation and cultivation of popular cultural forms of entertainment such as television and film. To be sure, punishment acts directly on bodies. And cultural forms-visual or texual stories about punishment …

Are Legal Disputes Just About The Money? Answers From Mediators On The Front Line, Harold I. Abramson, Bennett Picker, Bill Marsh, Birgit Sambeth Glasner, Jerry Weiss

Scholarly Works

Are most disputes in mediation just about money? That’s an old and familiar question that many lawyers still seem to reply to with an emphatic “yes.” Mediated cases are frequently viewed as a clash of binary claims, subject only to a sorting out of financial winners and losers. This popular vision was challenged by an ABA panel of experienced commercial mediators. Together they explored the opportunities for breaking out of this confining legalmold. Years of practice have taught them that many disputes are not just about money, even when money is the presenting issue.

Visual-Linguistic Semantic Alignment: Fusing Human Gaze And Spoken Narratives For Image Region Annotation, Preethi Vaidyanathan

Theses

Advanced image-based application systems such as image retrieval and visual question answering depend heavily on semantic image region annotation. However, improvements in image region annotation are limited because of our inability to understand how humans, the end users, process these images and image regions. In this work, we expand a framework for capturing image region annotations where interpreting an image is influenced by the end user's visual perception skills, conceptual knowledge, and task-oriented goals. Human image understanding is reflected by individuals' visual and linguistic behaviors, but the meaningful computational integration and interpretation of their multimodal representations (e.g. gaze, text) remain …

Decreasing Smoking But Increasing Stigma? Anti-Tobacco Campaigns, Public Health, And Cancer Care, Kristen E. Riley, Michael Ulrich, Heidi A. Hamann, Jamie S. Ostroff

Faculty Scholarship

Public health researchers, mental health clinicians, philosophers, and medical ethicists have questioned whether the public health benefits of large-scale anti-tobacco campaigns are justified in light of the potential for exacerbating stigma toward patients diagnosed with lung cancer. Although there is strong evidence for the public health benefits of antitobacco campaigns, there is a growing appreciation for the need to better attend to the unintended consequence of lung cancer stigma. We argue that there is an ethical burden for creators of public health campaigns to consider lung cancer stigma in the development and dissemination of hard-hitting anti-tobacco campaigns. We also contend …

Privacy's Trust Gap, Neil M. Richards, Woodrow Hartzog

Faculty Scholarship

It can be easy to get depressed about the state of privacy these days. In an age of networked digital information, many of us feel disempowered by the various governments, companies, and criminals trying to peer into our lives to collect our digital data trails. When so much is in flux, the way we think about an issue matters a great deal. Yet while new technologies abound, our ideas and thinking — as well as our laws — have lagged in grappling with the new problems raised by the digital revolution. In their important new book, Obfuscation: A User’s Guide …

Patenting Frankenstein's Monster: Exploring The Patentability Of Artificial Organ Systems And Methodologies, Jordana Goodman

Faculty Scholarship

The conception of Frankenstein’s monster bridges the ever-narrowing divide between man and machine. Long before Congress codified Section 33(a) of the America Invents Act (“AIA”), Mary Shelley’s vague description of the monster’s creation has left people wondering: what defines a human organism? Through an analysis of patent law and scientific progress in the development of artificial organ systems, this paper explores the boundaries of patentable subject matter in the United States and attempts to clarify Congress’s determination that “no patent may issue on a claim directed to or encompassing a human organism.” Though patent law should incentivize development of artificial …

The Inadequate, Invaluable Fair Information Practices, Woodrow Hartzog

Faculty Scholarship

For the past thirty years, the general advice for those seeking to collect, use, and share people’s personal data in a responsible way was relatively straightforward: follow the fair information practices, often called the “FIPs.” These general guidelines were designed to ensure that data processors are accountable for their actions and that data subjects are safe, secure, and endowed with control over their personal information. The FIPs have proven remarkably sturdy against the backdrop of near-constant technological change. Yet in the age of social media, big data, and artificial intelligence, the FIPs have been pushed to their breaking point. We …

How Much Has The Supreme Court Changed Patent Law?, Paul Gugliuzza

Faculty Scholarship

The U.S. Supreme Court has decided a remarkable number of patent cases in the past decade, particularly as compared to the first twenty years of the Federal Circuit’s existence. No longer is the Federal Circuit “the de facto Supreme Court of patents,” as Mark Janis wrote in 2001. Rather, it seems the Supreme Court is the Supreme Court of patents. In the article at the center of this symposium, Judge Timothy Dyk of the Federal Circuit writes that the Supreme Court’s decisions “have had a major impact on patent law,” citing, among other evidence, the Court’s seventy percent reversal rate …

The Internet Will Not Break: Denying Bad Samaritans Section 230 Immunity, Danielle K. Citron, Benjamin Wittes

Faculty Scholarship

What do a revenge pornographer, gossip-site curator, and platform pairing predators with young people in one-on-one chats have in common? Blanket immunity from liability, thanks to lower courts’ interpretation of section 230 of the Communications Decency Act (CDA) beyond what the text, context, and purpose support. The CDA was part of a campaign — rather ironically in retrospect — to restrict access to sexually explicit material online. Lawmakers thought they were devising a safe harbor for online providers engaged in self-regulation. The CDA’s origins in the censorship of “offensive” material are inconsistent with outlandishly broad interpretations that have served to …

Law, Social Welfare, And Net Neutrality, Keith N. Hylton

Faculty Scholarship

Net neutrality generates wealth transfers from one type of internet content provider to another. In theory, these transfers might be socially desirable, and could be justified on the basis of informational externalities similar to those cited to justify fair use in copyright law. In practice, however, the conditions that justify fair use do not hold where net neutrality operates. Moreover, the internal subsidization required by net neutrality generates a regressive transfer. The welfare gains that might come from controlling anticompetitive abuse or government coercion through implementation of net neutrality can be achieved by alternative policies with less harmful consequences.

Co-Belligerency, Rebecca Ingber

Faculty Scholarship

Executive branch officials rest the President’s authority in today’s war against ISIS, al Qaeda, and other terrorist groups on an expansive interpretation of a 15-year-old statute, the 2001 “Authorization for Use of Military Force” (AUMF), passed in the wake of the 9/11 attacks. They rely on that statute to justify force against groups neither referenced in – nor even in existence at the time of – the 2001 statute, by invoking a creative theory of international law they call “co-belligerency.” Under this theory, the President can read his AUMF authority flexibly, to justify force against not only those groups covered …

Restating International Torts: Problems Of Process And Substance In The Ali's Third Restatement Of Torts, Nancy J. Moore

Faculty Scholarship

The American Law Institute’s Third Restatement of Torts was initially conceived as a series of separate projects, each with its own reporters. From 1998 through 2010, the ALI completed and published three different segments: Products Liability, Apportionment of Liability, and Liability for Physical and Emotional Harm. Initially, the ALI did not intend to restate the intentional torts, believing that the Second Restatement’s treatment of these torts was clear and largely authoritative. It was ultimately persuaded that there were numerous unresolved issues that needed to be addressed. As a result, it authorized a new project on Intentional Torts---a project that is …

Frozen Charters, Scott Hirst

Faculty Scholarship

In 2012, the New York Stock Exchange changed its policies to prevent brokers voting shares on corporate governance proposals where they had not received instructions from beneficial owners. Although the change was intended to protect investors and improve corporate governance, it has had the opposite effect: a significant number of U.S. public companies are no longer able to amend important parts of their corporate charters, despite the support of their boards of directors and overwhelming majorities of shareholders. Their charters are frozen.
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Towards Patent Standardization, Janet Freilich, Jay P. Kesan

Faculty Scholarship

Among the most important purposes of patents are to provide clear notice to third parties of the patent's boundaries and to disclose helpful information to researchers seeking to replicate or further develop the patented invention. Unfortunately, patents often fail at both of these tasks, in part because of lack of uniformity of language and format.' Use of idiosyncratic language in patent claims renders it difficult to find relevant patents and, once a patent is found, to interpret its claims. As there is no customary set of information that must always be included in a patent, researchers often find reading a …

Original Foreign Affairs Federalism, Gary S. Lawson

Faculty Scholarship

Two of the most doctrinally bewildering topics in American constitutional law are federalism and foreign affairs. Put the two together and it requires the patience of Job and the wisdom of Solomon to navigate, never mind make sense of, the judicial and political accommodations that have arisen over the course of more than two centuries concerning the relative roles of the national, state, and local governments in matters that implicate American involvement with foreign countries and citizens. I will not go so far as to say that Mike Glennon and Rob Sloane’s new book, Foreign Affairs Federalism: The Myth of …