Digital Commons Network^™

Authenticity Of Authorship And The Auction Market, William W. Stuart

Maine Law Review

Over the last twenty years, the art and auction market has been transformed from one where the prevalent bidders were experienced dealers and professional agents acting on the behalf of collectors and museums, into a market where many novice participants are engaged directly in bidding for themselves. These new entrants to the art and antique auction market bid against each other, as well as against the dominant long-term experienced participants, dealers and gallery owners. With the population of buyers greatly expanding, another observable element is the establishment of new regional auction houses. Moreover, there has been an increase in the …

Writing Better Opinions: Communicating With Candor, Clarity, And Style, Nancy A. Wanderer

Maine Law Review

Eighty years ago, Judge Benjamin N. Cardozo discussed the “nature of the judicial process” in a series of lectures he delivered at Yale University. More recently, Judge Frank M. Coffin has reflected on the process of judging, attempting to get some perspective on some of the “stubborn problems,” “the approaches that worked,” and “the benchmarks of craftsmanship” in rendering appellate opinions. Scribbling “on tickets, menus, court docket lists, [and] baggage checks,” Judge Coffin found himself following Henry David Thoreau's advice to “[k]now your own bone; gnaw at it, bury it, unearth it, and gnaw it still.” In the end, Judge …

Rethinking Moral Obligation As A Basis For Contract Recovery, Jean Fleming Powers

Maine Law Review

Contractual arrangements are private and consensual—the result of bargains made between parties—bargains that satisfy the consideration requirement for enforcement. While the consideration requirement has its detractors, as does the consensual nature of contract, the bargained-for consideration requirement remains a staple of contract law. Yet traditional consideration analysis seems to sometimes leave deserving claimants without a remedy. Thus, a limited group of exceptions has been developed to correct this perceived failing of the doctrine. For some situations, however, the deficiency is more perceived than real, and the solution adds confusion rather than clarity to the law. This is true for the …

Editorial Board Vol.54 No.1 (2002), Jeffery B. Parsons Editor-In-Chief

Maine Law Review

No abstract provided.

Navigation Of Blogs Related By A Tag, Sergey Babkin

Defensive Publications Series

Techniques of this disclosure automatically add links to a blog post that enable navigation within a collection of related posts, e.g., posts related by a tag. Blog readers can navigate directly within the linked posts. In a static implementation, the links to posts are automatically updated and stored in a database whenever any post changes. In dynamic implementation, the links to other posts corresponding to a tag are generated when the post is rendered as a web page or upon user selection of a particular tag.

User Choice In Conversational Advertisements, Dario Rapisardi, Hema Manickavasagam, Amit Fatnani

Defensive Publications Series

Current advertising formats are displayed at the edges of content, e.g., website content, mobile application content, etc. Such advertisements can interrupt the flow of conversation in a conversational application and are therefore unsuitable for such use. This disclosure describes techniques to provide user choice in advertisements in conversational applications, e.g., during interaction between a user and a chat bot. The advertisements are provided in two parts - a user choice portion and one or more second portions that include creative assets of the advertisement. The second portion(s) are displayed upon user selection to view the advertisement. This enables the advertisement …

Interactive Video Content Playback, Indusekar Ponnapa Reddy, Kusum Madarasu

Defensive Publications Series

Users sometimes play online content, e.g., video and video advertisements, without paying attention to the content. In such instances, the viewership metrics for the content may be inaccurate. This disclosure describes an online content platform that hosts interactive content, such as video and video advertisements. Video content and advertisements are divided into multiple parts and users are provided with interactive options to select the next part to view. Video content is stored as a graph, with nodes corresponding to content parts, and edges corresponding to valid paths to view the video. Interactivity in this manner can provide increased engagement, better …

Advertising Using Augmented Reality, Catherine Cardinal, Chin Ngai Sze

Defensive Publications Series

Heads-up displays have been gradually implemented in automobiles. These displays can provide information to drivers, such as speed, temperature, remaining fuel, navigation, and more, while minimizing distraction. Some vehicle heads-up displays add turn by turn directions based on GPS information onto a real-time street view. This disclosure describes techniques to show advertisements to passengers in vehicles using windows capable of implementing augmented reality (AR) - AR-capable windows.

Automatic Slide Progression During A Presentation, Emmanuel M. Arriaga

Defensive Publications Series

Advancing slides during a presentation requires human input, e.g., via a clicker, or other input device. Such input requires the presenter or a human assistant to take explicit action. This disclosure describes automatic slide-progression techniques to advance a presentation, e.g., presentation slides, to pages or slides that match a presenter’s current speech. With user permission, a machine learning model analyzes the presentation content. It matches the content with speech from the presenter and automatically presents an appropriate slide. The techniques enable the correct slide to be displayed without explicit input from the presenter.

Global Communication And Cross-Cultural Competence: Twenty-First Century Micro-Case Studies, Kimberley Barker, Christine R. Day, Deanna L. Day, Elizabeth R. Kujava, Juliette Otwori, Robert A. Ruscitto, Alex Smith, Tianjiao Xu

Global Advances in Business Communication

Sensitivity to diversity now demands a strategic understanding of the importance of cross-cultural communication competence in every action in organizations, communities, and nations throughout the world. This article contains seven micro-cases, each of which highlights a discussion of communication and cultural impact. The cases range from issues related to handshakes, communication with powerful people, collaborating in a divergent culture, unintended impact in meetings, and regional pronunciation differences. The cases include discussion questions, references for additional reading, and one unique feature: a “bumper sticker” summary. The article features a section on Approaching the Challenges. This discusses major communication and cultural theories, …

Crossing Disciplinary Lines To Engage Students In Cross-Cultural Learning During Short-Term Study Abroad, Margaret Gonglewski, Anna Helm

Global Advances in Business Communication

This article showcases an innovative cross-disciplinary course on green business that featured a short-term study abroad (STA) program in Germany. The course and STA component were jointly developed and taught by an International Business and a German language/culture faculty member, in an attempt to capitalize on the knowledge and skills from experts in both fields. This stands in contrast to most business-focused STAs, typically designed and implemented by one business faculty member without explicit attention to the development of students' cultural competence. After presenting our case for this cross-disciplinary approach, we describe the course with relevant information about the content …

Challenging The Myth Of English As A Lingua Franca In International Business, Steven J. Sacco

Global Advances in Business Communication

The proposed paper features a case study that monitored and assessed workplace language use within a U.S. multinational company where English is the official language of business. The case study examined language use by Hispanic immigrant workers employed at a rice mill in a rural northwestern U.S. community. In the week-long needs assessment, the author interviewed 26 nonnative English speaking coworkers, 2 native English speaking coworkers, and 10 mid- and senior-level managers. The author also observed daily operations in all departments of the rice mill, participated in the safety training and testing, and shared his findings with senior officials at …

A Hierarchical Perspective Of Employees’ Knowledge Sharing Behaviors: A Two-Phase Study, Kuok Kei Law, Bertha Du-Babcock

Global Advances in Business Communication

This paper examines whether and how mid-level employees differ in their communication behaviors when sharing knowledge with targets from different hierarchical positions in an organization via a two-phase study design. The first phase of study involves semi-structured interviews with fifteen mid-level employees working in small- and medium-sized enterprises to explore how they behaved in different scenarios of knowledge sharing. Results showed that there are significant differences in their behaviors among different situations. A second-phase study was then conducted to statistically verify the effect of the three identified factors - efficiency concerns, compliance with social norms, and consideration of relationship – …

Crossing Disciplines And Perspectives: Challenging Norms In Global Business Communication, David A. Victor

Global Advances in Business Communication

No abstract provided.

A New Island Species Of Centruroides Marx, 1890 (Scorpiones: Buthidae) From The Southwestern Caribbean, Rolando Teruel, Brandon Myers

Euscorpius

Herein we describe a new species of the Buthidae scorpion genus Centruroides Marx, 1890. It occurs at least in two small offshore islands of the southwestern Caribbean: Cozumel in Mexico and Guanaja in Honduras, based upon type specimens from the former and photographic evidence from the latter. It belongs in the "gracilis" species-group and is most closely related to both Centruroides gracilis (Latreille, 1805) and Centruroides nigrescens (Pocock, 1898).

Revisiting The Voluntariness Of Confessions After State V. Sawyer, Michael Theodore Bigos

Maine Law Review

Every individual in our society needs confidence in our criminal justice system to know that one cannot be convicted of a crime unless a fact finder is convinced of every necessary element with the highest assurances of the truth. The process of establishing facts in a criminal trial is highly dependent upon how decision-making power is allocated between the judge and the jury and upon the fairness of that allocation. This Note discusses the areas of confession law and burdens of proof in the context of how federal criminal constitutional doctrines that affect the fact-finding process offer less than clear …

Rideout V. Riendeau: Grandparent Visitation In Maine After Troxel, Theodore A. Small

Maine Law Review

Rideout v. Riendeau presented a case in which two grandparents, Rose and Chesley Rideout, sought visitation of their three grandchildren. Though the Rideouts had served as the childrens' “primary caregivers and custodians” for significant periods of time, the childrens' parents, Heaven-Marie Riendeau, who was the Rideouts' daughter, and Jeffrey Riendeau, ended all contact between the children and the Rideouts due to a strained relationship between the Rideouts and the Riendeaus. The Rideouts filed a complaint pursuant to Maine's Grandparents Visitation Act (the Act), which allows grandparents to bring a petition for visitation when there is a “sufficient existing relationship between …

With Malice Toward One: Malice And The Substantive Law In "Class Of One" Equal Protection Claims In The Wake Of Village Of Willowbrook V. Olech, Shaun M. Gehan

Maine Law Review

It may be time to relearn the fundamentals of the Equal Protection Clause of the Fourteenth Amendment. According to the Supreme Court, in a brief and unassuming per curiam opinion in Village of Willowbrook v. Olech, violations of equal protection do not of necessity rely on class-based discriminations. Federal, state, and local governments can violate the equal protection rights of an individual qua individual; a so-called “class of one.” The ramifications of this decision are just now becoming clear, and it has already led to some surprising results in areas of statutory law thought to be well settled. The only …

Instream Flow Regulation: Plugging The Holes In Maine's Water Law, Bradford R. Bowman

Maine Law Review

States East of the Mississippi River have long relied on the traditional common law of riparian rights to manage their water resources. Towards the end of the Twentieth Century, rising demand for consumptive water use due to population growth, modern agricultural practices and industrialization began to conflict with environmental concerns. Throughout the East, states recognized the riparian doctrine's failure to provide a reliable means for allocating water during times of scarcity. In response, most of these states replaced common law water rights with regulatory water management systems. Maine is the only state that has not followed this trend. It is …

More Of The Same: Elitism And Exclusion At The Aals Annual Meeting, David E. Steinberg

Maine Law Review

At the Association of American Law Schools (AALS) meetings and in materials published by the Association, probably no one word appears more frequently than “diversity.” For example, the theme of the 2000 AALS Annual Meeting was A Recommitment to Diversity. In a 1986 essay titled Collegial Diversity, AALS President Susan Westerberg Prager wrote: “The different perspectives of our colleagues can illuminate other areas of research to give us new classroom direction.” And, in a 1996 statement on diversity adopted by the AALS Executive Committee, the committee stated that an objective of diversity was “to create an educational community—and ultimately a …

A Critical Analysis Of The Women's Constitutional And Legal Rights In Zimbabwe In Relation To The Convention Of The Elimination Of All Forms Of Discrimination Against Women, Amy S. Tsanga

Maine Law Review

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) comprehensively outlines the international standards on the rights of women that are to be pursued by State Parties to the Convention. Adopted by the General Assembly in 1979, it entered into force in 1981 and set the scene for a comprehensive approach to the human rights of women by State Parties that have ratified the Convention. The underlying spirit of the Convention is that discrimination against women violates principles of equality and respect for human dignity and presents obstacles to the advancement of women in the political, …

"The Exclusive Right To Their Writings": Copyright And Control In The Digital Age, Jane C. Ginsburg

Maine Law Review

The recent coincidence of new technology and new legislation in the United States may have enhanced the ability of U.S. copyright owners to wield electronic protective measures to control the exploitation of their works. The legislation, which reinforces the technology, has led many to perceive and to deplore a resulting imbalance between copyright owners and the copyright-using public. Critics assert that the goals of copyright law have never been, and should not now become, to grant “control” over works of authorship. Instead, copyright should accord certain limited rights over some kinds of exploitations. Economic incentives to create may be needed …

Rectifying The Tilt: Equality Lessons From Religion, Disability, Sexual Orientation, And Transgender, Chai R. Feldblum

Maine Law Review

The joy and the challenge of being located in an academic setting is that I am also able to engage in forays (albeit intermittent forays) into scholarly analysis. Delivering this lecture, and publishing this piece, provides an excellent opportunity for me to engage in such a foray. This piece, then, is a scholarly reflection on my advocacy experiences. My goal is to use my experiences in advocacy as fertile soil from which to create, I hope, a lovely flower of theory and conceptual thought. Before setting out on this endeavor, however, I would like to offer two postulates. There are …

Editorial Board Vol. 54 No.2 (2002), Jeffery B. Parsons Editor-In-Chief

Maine Law Review

No abstract provided.

Undergraduate Digital Research Showcase, Shelley Rose

Digital CSU

The DigitalCSU working group will host an Undergraduate Digital Project Showcase 10 am -1 pm on December 5, 2017 in the CPL Connection Lounge in Michael Schwartz Library. Projects include digital exhibits on protest events such as Bloody Sunday, Kent State, and Tahrir Square (http://csuhisppg.shelleyrose.org), public history stories on Cleveland Historical (https://clevelandhistorical.org/), and additional historical thinking projects Light refreshments will be served.

Help! Hybrid Education Learning Potential, Jill Gradwell [email protected] Ph.D.

Fostering Innovation in Teaching with Technology (FITT) Academy

Project Scope:

Develop a foundational understanding of the hybrid teaching method

Project goals:

• Develop a foundational understanding of the hybrid teaching method from team members as well as my own investigation of online resources through Blendkit available at https://blended.online.ucf.edu/
• Specific – Who – myself; What – learn about online hybrid methods, ie., Blackboard, discussion boards, students assessing each other’s work online, other; When – Week of June 5-9; Where – Butler Library and various campus technology labs as assigned; Why-more flexible scheduling for teacher candidates and modeling potential methods for teacher candidates to use with their own respective students; How …

Incorporating Videos And Related Digital Assignments In A Child Development Course, Pamela Schuetze Ph.D.

Fostering Innovation in Teaching with Technology (FITT) Academy

Project Scope:

In order to fully appreciate child development, it is essential for students to be exposed to children of a variety of ages which is best achieved by observing children. However, due to numerous logistical challenges, it is difficult to conduct live, in-person observations of children. Furthermore, in order to fully discuss concepts relevant to the study of child development in class, students need to familiarize themselves with the concept prior to the class meeting. One method for achieving this is to partially "flip" the class so that students watch a video lecture that describes the concepts prior to …

Note From The Editorial Board

Dartmouth Undergraduate Journal of Science

No abstract provided.

Verbrauchsoptimierung, Daniel Hoppe

Defensive Publications Series

FUEL CONSUMPATION OPTIMIZATION BY APPROXIMATION

OF IMPULATIONS IN PARTICLE FILTER FOR

SPARK IGNITION ENGINE CONCEPTS

Caring For Workers, Martha T. Mccluskey

Maine Law Review

This essay examines the question of conflict between market work and family care from the angle of family caretaking labor for workers rather than for dependents. Feminist legal scholars and activists have been concerned for generations about the effect of women's unpaid caretaking work on women's participation and success in the wage labor market. Better public support for this gendered family care work is crucial to many leading visions of feminist legal and economic change. Recent welfare reforms, however, have increased the extent to which public policy treats caretaking instead as a personal responsibility (or a sign of personal irresponsibility) …