Digital Commons Network^™

(Why) Did Eu Net Neutrality Rules Overshoot The Mark? Internet, Disruptive Innovation And Eu Competition Law & Policy, Oles Andriychuk

Yearbook of Antitrust and Regulatory Studies

This essay raises a number of theses in support for a more liberalised approach to EU Net Neutrality rules. It offers a graded system of levels of regulatory intervention, arguing that soft Net Neutrality rules are capable of meeting all positive objectives of regulation without causing the problems generated by Hard Net Neutrality rules, such as those currently in place in the EU. Hard Net Neutrality rules prevent Internet Service Providers (ISPs) from making disruptive innovations. Meanwhile, they enable some Content and Application Providers (CAPs) to monopolise many markets via (disruptive) innovations, resulting in newly established dominant positions which have, …

Recent Developments Regarding The Conduct Of Dawn Raids In Poland. The Case Of Subsequent Searches Of Copied It Data, Marta Michałek-Gervais

Yearbook of Antitrust and Regulatory Studies

2017 brought about a significant and long awaited change in the rules applicable to dawn raids in Poland. After many years of being criticized by scholars and practitioners, the practice of the President of the Office of Competition and Consumer Protection – consisting of the subsequent review of electronic data copied during an inspection at the authority premises and without the presence of a representative of the inspected undertaking, has been finally overruled by the Court of Competition and Consumer Protection. Even thought there are still several improvements that need to be made in order to guarantee the full respect …

Daria Kostecka-Jurczyk, Koncentracja W Formie Wspólnego Przedsiębiorstwa A Ryzyko Konkurencyjne W Świetle Prawa Antymonopolowego [The Concentration In The Form Of A Joint Venture And The Competition Risk In The Light Of Antimonopoly Law], C.H. Beck, Warsaw 2017, 304 P., Anna Piszcz

Yearbook of Antitrust and Regulatory Studies

Joint ventures may create risks for competition. Those risks may be carried by the very structure of the relevant market, or the creation of conditions fostering the coordination of the market conduct of a joint venture and its parent entities or the parent entities themselves. At the end of last year, Dr. Daria Kostecka-Jurczyk, an academic active in the area of EU law, economic law and competition law, published the book Koncentracja w formie wspólnego przedsiębiorstwa a ryzyko konkurencyjne w świetle prawa antymonopolowego [The concentration in the form of a joint venture and the competition risk in the light of …

Security, Regulation And Competition Of The Energy Market – 2nd National Academic Conference, Łódź, 26 April 2018, Mateusz Czuba, Marcin Kraśniewski, Michał Pytkowski

Yearbook of Antitrust and Regulatory Studies

On 26 April 2018, the second National Academic Conference ‘Security, regulation and competition of the energy market’ was held at the Faculty of Law and Administration of the University of Łódź. The Society of Energy Law and Other Infrastructural Sectors of the University of Łódź acted as the main organiser of the Conference.

Five Oral Reading Fluency Strategies For Supporting Struggling Adolescent Readers, Kavin M. Ming

National Youth Advocacy & Resilience Journal

By the time students enter the fourth grade, it is expected that they possess the basic literacy skills needed to read and learn content. It is the general belief that in the early grades, students are taught foundational literacy skills that make them proficient readers by the time they become adolescent learners. For many, this assumption is true. However, for a large majority of students between Grades 4 and 12, basic literacy skills are not in place, leading them to struggle to acquire information. Oral reading fluency, one of the basic literacy skills that adolescents must possess, can be explicitly …

The Effect Of Social Media E-Marketing Towards Consumers Shopping Behavior, Arius Krypton, Naldo Naldo, Hardika Widi Satria

Jurnal Vokasi Indonesia

As the numbers of internet users increase, the trend of online transactions also increase. E-Marketing is one of a selling strategy using social media such as Facebook, Instagram, Twitter, Whatsapp, BBM and LinkedIn. The purpose of this study was to analyze the simultaneous and partial effect of E-Marketing on the shopping behavior of respondents. Data were obtained from questionnaires given to 100 student respondents of Indonesian vocational education. The analytical method used in this research is the t-test and F test using SPSS 17. Based on the results of the study it is found that three factors affected the shopping …

Different Methods Of Embodied Cognition In Pedagogy And Its Effectiveness In Student Learning, Cassandra Durkee

Master's Theses

The Mathematical Ideas Analysis hypothesizes that abstract mathematical reasoning is unconsciously organized and integrated with sensory-motor experience. Basic research testing movement, language, and perception during math problem solving supports this hypothesis. Applied research primarily measures students’ performance on math tests after they engage in analogous sensory-motor tasks, but findings show mixed results. Sensory-motor tasks are dependent on several moderators (e.g., instructional guidance, developmental stage) known to help students learn, and studies vary in how each moderator is implemented. There is little research on the effectiveness of sensory-motor tasks without these moderators. This study compares different approaches to working with an …

The Whiteness Of The Elephant In The Room: How White Guilt, White Fragility, And Colorblind Racial Ideology Shape Environmental And Social Justice Activism In Santa Cruz County, Robert Michael Foran

Master's Theses

Using frameworks from critical race theory, social movement theory, and community-based activism, this thesis explores the phenomena of white fragility, white guilt, and colorblind racial ideology and how they impact the ways predominantly white-identified social and environmental justice organizations approach, build, and maintain solidarity with communities of color in Santa Cruz County, California. A qualitative approach was employed to investigate the experiences of white-identified activists and how they attempt to engage in this constantly challenging process. Using twenty-two semi-structured interviews and eight group observations, I explored how white-identified individuals negotiate the transformation from ‘moral passivity’ to meaningful, personal relationships with …

Reproductive Performance, Foraging Effort, And Diet Of An Apex Predator, The Common Murre, At One Of The Largest Nesting Colonies In The California Current System, Stephanie Rianne Schneider

Master's Theses

Common Murre (Uria aalge) are the most abundant avian apex predator nesting in the California Current System (CCS) and nesting is the most energetically demanding phase of their lifecycle. The preyscape within flight distance of their nesting colony determines whether murres produce young, how hard they must work to do so, and what prey types are available to them. This study characterized the reproductive performance, foraging effort, and prey composition of murres nesting at a previously unstudied and large nesting colony in the CCS, Castle Rock National Wildlife Refuge, over an 11-year period (2007 - 2017) intended to capture a …

Psychological Presence In Immersive Virtual Environments, Steven L. Wu

Master's Theses

Immersive virtual environments are simulated locations that attempt to create a sense of presence, or the psychological feeling that an individual is acting within the simulated environment rather than their physical one. When interfacing with an interactive virtual environment, evidence suggests that aspects of psychological presence are affected, such as time perception and situation awareness. As such, this study hypothesized presence as the construct by which immersive virtual environment usage influences time perception and situation awareness. Two levels of presence were manipulated using a monitor and Oculus Rift. Forty-one participants were tasked with a scavenger hunt in both monitor and …

“Colors And Kindness”: Nature Photography As A Means To Support Academic Skill Development Of Elementary Students At Risk, Wendy L. Chambers

National Youth Advocacy & Resilience Journal

This article describes a service project involving a 3–year partnership between a university professor (the author) and P–12 faculty at a local rural Title I elementary school. Major aims of the project were to provide an opportunity for students to explore and learn about their natural surroundings through the use of nature photography activities and to connect these experiences to classroom activities with the goal of supporting academic skill development. The author visited the school twice per week to take children around the school grounds to photograph nature for about 20 minutes per session. Outcomes included the following: (a) students …

On The Generalized Kinetic Equation For Surface Gravity Waves, Blow-Up And Its Restraint, David Andrade, Raphael Stuhlmeier, Michael Stiassnie

School of Engineering, Computing and Mathematics

No abstract provided.

The Mere Presence Effect: Attentional Bias Promoted By Smartphone Presence, Maria Del Pilar Bianchi Bosch

Master's Theses

Smartphones have become an essential part of modern life, offering access to entertainment, information, and social connections from anywhere, at any time. However, research has associated interactions with these devices with maladaptive behaviors and cognitive impairments. Furthermore, recent research has suggested that the mere presence of a smartphone can deplete cognitive resources. We sought to test the hypothesis that the perceptual salience of smartphones would negatively impact perceptual processes. Using a sample of college-aged students (N = 71), we tested whether the mere presence of a smartphone might affect reaction time and accuracy in a lateralized spatial configuration visual search …

Intraguild Predation: Interactions Between Predators, Pathogens, And Their Shared Resources In Crop Pest Communities, Andrew Jason Flick

LSU Doctoral Dissertations

Crop pest management requires an understanding of the complex interactions among pest species that potentially damage crop yield and species that may be crucial for controlling pest species outbreaks. For example, predators, parasitoids, and pathogens are constantly interacting via their shared prey or hosts. Predators may prefer infected prey, which can be easier to catch; however, infected prey may be less nutritious or even lethal for predators. These interactions then dictate the short-term dynamics of host and pathogen as well as between prey and predator. "How these dynamics change as the species in the system change either empirically or theoretically?" …

The Relationship Between Good Governance Principles And Organizational Justice: A Case Study Of Bangkok Government Officials, Sukhumpong Channuwong

Asia-Pacific Social Science Review

Modern organizations focus on improving organizations’ strategies to be relevant to good governance principles in order to create organizational justice, which is considered as one of the most important factors to increase harmony, unity, loyalty, employee satisfaction, employee commitment, and job satisfaction. This paper investigates a relationship between good governance principles and organizational justice. The study uses the quantitative approach, and the research questionnaire is used as an instrument to collect the data. The samples used in this study were 392 Bangkok government officials. The research findings revealed that good governance principles are positively related with and have an influence …

A Survey Of Political Interference Patterns And Modalities In National Roadworks In The Philippines, Eric Vincent C. Batalla, Ador R. Torneo, Francisco A. Magno

Asia-Pacific Social Science Review

This study surveys and describes the patterns or modalities of political interference in national roadworks in the Philippines based on an examination of the literature and interviews using process-level frameworks, specifically the project management cycle and the budget cycle framework. Political interference here refers to non-legitimate interventions by politicians in government processes and programs. We argue that it is a form of political corruption. Evidence suggests that this type of interference tends to be prominent in national roadworks. Executive interference occurs at various stages of the project management and budget processes. The abuse of executive discretion in national road development …

Thai Vocational Internship Student-Teacher Development Through A Constructionism Learning Skills Model, Sirikanya Netrthanon, Sirirat Petsangsri, Paitoon Pimdee

Asia-Pacific Social Science Review

No abstract provided.

The Experiences Of Counselors-In-Training In A School-Based Counseling Practicum, Christopher T. Belser, Naomi J. Wheeler, Samuel L. Bierbrauer, Coralis S. Solomon, Shaywanna Harris, A Elizabeth Crunk, Glenn W. Lambie

Journal of Counselor Preparation and Supervision

Counselor education programs often must choose between providing in vivo faculty supervision or a community-based setting. Programs that combine both elements have shown positive preliminary findings related to counselor development; however, the in-depth experiences of students in such programs have not been explored. This phenomenological study examined the lived experiences of counselors-in-training who participated in a school-based counseling practicum with in vivo faculty supervision. Researchers identified six themes, including continuum of support within relationships, operational challenges and concerns, needs and challenges of the community, working with children, expectations and realities, and counselor identity development. Implications for counselor education and research …

Developing A Pre-Practicum Environment For Beginning Counselors: Growing My Counselor Educator Self, Logan M. Lamprecht, Sneha Pitre

Journal of Counselor Preparation and Supervision

This paper is a narrative of the challenges experienced as a faculty member in an attempt to transform the existing educational model for how school and clinical mental health counselors are trained to enter field-based clinical experiences with students and clients. The author shares the pre-practicum laboratory training as an important step towards the growth of a counselor both personally and professionally. The laboratory training addresses aspects of student anxiety and self-efficacy with relation to live supervision with use of technology, nature of feedback, reflective journaling, reflective teams, and process group experiences as pedagogical adjuncts to enhance the training and …

Collaborative Gatekeeping Between Site Supervisors And Mental Health Counseling Faculty, Christian Dean, Sarah E. Stewart-Spencer, Anne Cabanilla, Dale V. Wayman, Mindy Heher

Journal of Counselor Preparation and Supervision

This study examined collaborative gatekeeping practices of CACREP-accredited (2001 and 2009 standards) mental health counseling programs and fieldwork site supervisors. A total of 28 programs participated in the study exploring site supervisor collaboration with fieldwork faculty when a problematic trainee is terminated, dismissed, or fired from a fieldwork site. Results indicate that a lack of clear policies for managing problem fieldwork trainees may leave counselor educators uncertain about appropriate follow-up actions. Recommendations for future studies include replicating this study using a larger sample size, studying this topic and population using qualitative methods, and surveying the perspective of site supervisors.

Information Technology And The Search For Organizational Agility: A Systematic Review With Future Research Possibilities, Paul P. Tallon, Magno Queiroz, Tim Coltman, Rajeev Sharma

Data Analytics & Information Systems Faculty Publications

Organizations are increasingly turning to information technology (IT) to help them respond to unanticipated environmental threats and opportunities. In this paper, we introduce a systematic review of the literature on IT-enabled agility, helping to establish the boundary between what we know and what we don’t know. We base our review on a wide body of literature drawn from the AIS Basket of Eight IT journals, a cross-section of non-Basket journals, IT practitioner outlets, and premier international IS conferences. We review the use of different theoretical lenses used to investigate the relationship between IT and organizational agility and how the literature …

The Taking Of Business Method Patents?, Matthew J. Rizzolo, Kathryn C. Thornton

Richmond Journal of Law & Technology

In Oil States Energy Services v. Greene’s Energy Group, the Supreme Court rejected a Constitutional challenge to the Inter Partes Review proceedings created in the 2011 America Invents Act (AIA), finding that these proceedings violate neither Article III nor the Seventh Amendment. But in doing so, the Supreme Court reiterated its longstanding view that patents are property rights which are protected by other Constitutional provisions—such as the Fifth Amendment’s Taking Clause or Due Process Clause. This article raises the question as to whether, in light of Oil States, patent owners who have had their patents canceled through certain AIA trial …

Preventing An Era Of "New Eugenics": An Argument For Federal Funding And Regulation Of Gene Editing Research In Human Embryos, Michael R. Dohn

Richmond Journal of Law & Technology

The 1997 film Gattaca is set in a futuristic society in which its members are either “valid,” born with the aid of genetic engineering, or “invalid", conceived by traditional means. While valids qualify for high-level professional employment, in-valids are considered less desirable by society and are relegated to menial jobs. At the time of the film’s release, this type of dystopian society, dominated by genetic engineering, seemed far into the future; however, only twenty years later, the concept of manipulating the genes of human embryos is near reality. The last decade has seen tremendous progression in gene editing technology. In …

Post-Wildfire Recovery Of An Upland Oak-Pine Forest On The Cumberland Plateau, Kentucky, Usa, Devin E. Black, Zachary W. Poynter, Claudia A. Cotton, Suraj Upadhaya, David D. Taylor, Wendy Leuenberger, Beth A. Blankenship, Mary A. Arthur

Forestry and Natural Resources Faculty Publications

Background: Many forests within the southern Appalachian region, USA, have experienced decades of fire exclusion, contributing to regeneration challenges for species such as oaks (Quercus spp. L.) and pines (Pinus spp. L.), and threatening the maintenance of oak-dominated forests in the future. While the use of prescribed fire as a forest management tool is increasing within this region, there remains a lack of information on the potential role of wildfire. A wildfire within the Daniel Boone National Forest, Kentucky, USA, provided an opportunity to investigate how wildfire affected forest vegetation response.

Results: We examined the effects of fire …

Immersive Virtual Reality For The Management Of Pain In Community-Dwelling Older Adults., Sara Benham, Minhee Kang, Namrata Grampurohit

Department of Occupational Therapy Faculty Papers

Immersive virtual reality (VR) can provide a high level of engagement and distraction analgesia to address pain. However, community-based applications of this technology for older adults have not been studied. The objective of this study was to examine the applicability and effectiveness of an immersive VR intervention for pain, depression, and quality of life (QOL) in older adults. This pretest–posttest, mixed-methods design included senior center members (n = 12) with pain that interfered with daily functioning. The outcomes included the Numeric Pain Rating Scale, Patient-Reported Outcomes Measurement Information System (PROMIS^®) depression scale, World Health Organization Quality of Life …

Higher Education And The Dmca, Christopher A. Cotropia, James Gibson

Richmond Journal of Law & Technology

The nearly twenty-year history of the Digital Millennium Copyright Act’s safe harbor provisions has been marked by criticism from content owners, online service providers, and end users. Content owners complain about the cost of monitoring online content and sending takedown notices. Online service providers complain about the cost of receiving and processing the notices. And end users complain about their legitimate use of copyrighted works being subject to DMCA takedown. Colleges and universities have been at the forefront of this controversy; as providers of online services to their students, they have been a focus of both Congress and copyright owners. …

Biological Aspects Of Mountain Pine Beetle In Lodgepole Pine Stands Of Different Densities In Colorado, Usa, Jose Negron

United States Department of Agriculture, Forest Service / University of Nebraska-Lincoln: Faculty Publications

Research Highlights: The biology of mountain pine beetle (MPB), Dendroctonus ponderosae Hopkins, in Colorado’s lodgepole pine forests exhibits similarities and differences to other parts of its range. Brood emergence was not influenced by stand density nor related to tree diameter. The probability of individual tree attack is influenced by stocking and tree size. Findings have implications for understanding MPB as a disturbance agent and for developing management strategies. Background and Objectives: MPB causes extensive tree mortality of lodgepole pine, Pinus contorta Douglas ex Loudon, across the western US and Canada and is probably the most studied bark beetle in North …

Costs And Benefits Of Flood Mitigation In Louisiana, Arash Taghi Nezhad Bilandi

LSU Doctoral Dissertations

Assessing the costs and benefits of hazard mitigation efforts is an essential component of disaster management, planning, and resilience assessment. These calculations are particularly important in locations vulnerable to multiple hazards with high frequencies, such as coastal Louisiana. This study aims to provide an improved understanding of the costs and benefits of flood mitigation efforts in Louisiana funded by federal government grants between 2005 and 2015. Project data provided by the Governor’s Office of Homeland Security and Emergency Preparedness (GOHSEP) were summarized and missing values were imputed using robust statistical approaches. Elevation project cost was investigated for prediction by statistical …

Out In The Open: State Ex Rel. Caster V. City Of Columbus And The Expansion Of Ohio Public Records Law, Andrew S. Radin

University of Cincinnati Law Review

No abstract provided.

Beyond The Symptoms: Finding The Root Cause Of The Chaotic Tarasoff Laws, Taylor Gamm

University of Cincinnati Law Review

No abstract provided.