Digital Commons Network^™

The Pathologies Of Digital Consent, Neil M. Richards, Woodrow Hartzog

Faculty Scholarship

Consent permeates both our law and our lives — especially in the digital context. Consent is the foundation of the relationships we have with search engines, social networks, commercial web sites, and any one of the dozens of other digitally mediated businesses we interact with regularly. We are frequently asked to consent to terms of service, privacy notices, the use of cookies, and so many other commercial practices. Consent is important, but it’s possible to have too much of a good thing. As a number of scholars have documented, while consent models permeate the digital consumer landscape, the practical conditions …

The Inconsentability Of Facial Surveillance, Evan Selinger, Woodrow Hartzog

Faculty Scholarship

Governments and companies often use consent to justify the use of facial recognition technologies for surveillance. Many proposals for regulating facial recognition technology incorporate consent rules as a way to protect those faces that are being tagged and tracked. But consent is a broken regulatory mechanism for facial surveillance. The individual risks of facial surveillance are impossibly opaque, and our collective autonomy and obscurity interests aren’t captured or served by individual decisions.

In this article, we argue that facial recognition technologies have a massive and likely fatal consent problem. We reconstruct some of Nancy Kim’s fundamental claims in Consentability: Consent …

Big Waiver Under Statutory Sabotage, Elizabeth Mccuskey

Faculty Scholarship

The Affordable Care Act's State Innovation waiver allows federal agencies to suspend the most controversial parts of the statute for states to pursue alternative paths, while keeping the federal funding provided by the statute. This "big waiver" provision has the potential to enable states to pursue transformative health reforms, while preserving the affordability and universal coverage aims of the federal statute. Big waivers like this one carry theoretical promise, which largely depends on the strength of the federal statute's baseline infrastructure. This Essay considers early implementation of the State Innovation waiver as a test for big waiver theory - and …

Data Generated By New Technologies And The Law: A Guide For Massachusetts Practitioners, Andrew Sellars

Faculty Scholarship

This brief paper, created as part of a training on new technologies and evidence for MCLE New England, outlines the standards used to compel disclosure of information under the Stored Communication Act, and reviews the types of data stored on various consumer devices and their likely custodians, as well as cases and notes relevant to each devices. The paper serves as a quick introduction and checklist for those considering gathering information from these devices in the course of investigations in Massachusetts. The devices outlined include cell phones, social media platforms, secure messaging services, fitness trackers, home assistant devices (or "smart …

Judicial Impartiality In An Empirical Era, Tigran W. Eldred

Faculty Scholarship

The psychological dimensions of judicial impartiality is a topic of considerable interest, with a growing body of scholarship focused on the reasons judges often are unable to perceive their own biases.¹ The attention is not on why judges intentionally downplay factors that can undermine their own objectivity, but rather on the empirical reasons that everyone, judges included, tend to be unaware of the impact of their own biases. This “bias blind spot,”² a product of a series of unconscious cognitive and motivational factors, is at the center of the discussion, with even the Supreme Court making passing reference …

Prevalence Of Chronic Disease, Associated Factors, And Health Related Quality Of Life Among Wesleyan Clergy, Angi May Mook

All-Inclusive List of Electronic Theses and Dissertations

Clergy believe they have been called to be healthy and role models of good health. However, epidemiological evidence supports that clergy are currently exhibiting higher rates of chronic diseases and associated factors such as obesity, diabetes, and hypertension compared to the general population. Prior studies of clergys health are limited because the few available studies are denomination specific, limiting generalizability to the other denominations who have differing theology and beliefs. The Wesleyan denomination has not been formally studied. The gap in literature, therefore, creates a need for baseline information specific to the Wesleyan clergy. This cross-sectional study assessed the prevalence …

Using Species Distribution Models And Connectivity Analyses To Predict Habitat Suitability For Three Bat Species, James Howard Cox Iii

All-Inclusive List of Electronic Theses and Dissertations

Forests are the most important and universally threatened habitats for bats. Habitat loss and fragmentation are leading causes of damage to forest ecosystem integrity. Critically, most bats need forests: over half of the 45 species of bats in North America use forests for roosting or foraging. Much research to date has been done to identify roosting and foraging patches of bats, but few have attempted to investigate how these patches are connected across a landscape. By understanding how to maintain connectivity across even fragmented landscapes, we may be able to mitigate the effects of forest habitat loss. In this thesis, …

I Was The Only One In The Building. Lived Experiences Of Black School Counselors Post-Brown V. Board Of Education In Predominantly White Schools, Yevonne A. Jones

All-Inclusive List of Electronic Theses and Dissertations

The purpose of this study was to explore the lived experiences of Black school counselors post- Brown v. Board of Education (1954) decision and their integration into predominantly White public schools. A literature review was conducted which included the history of school counseling, Brown v. Board of Education , and its impact on the displacement of Black educators. The literature also explored the experiences of Black teachers and students post- Brown and current demographic data of school counselors. A qualitative study was conducted to capture the lived experiences of participants using multiple case studies and narrative life stories. Four Black …

Technology Threat Avoidance Factors As Predictors Of Risky Cybersecurity Behavior Within The Enterprise, Andrew R. Gillam

All-Inclusive List of Electronic Theses and Dissertations

Recent research ofBailey College of Engineering and Technology (IT) end-user cybersecurity-related risky behaviors has focused on items such as IT user decision-making, impulsiveness, and internet use as predictors of human cyber vulnerability. Theories which guide user human behavioral intent, such as protection motivation theory (PMT, introduced by Rogers, 1975) and technology threat avoidance theory (TTAT, introduced by Liang and Xue, 2009) have not been widely investigated as antecedents of risky cybersecurity behavior (RScB). ThisDissertation describes exploratory research that analyzed and evaluated PMT/TTAT factors as predictors of RScB by enterprise IT users. This work uniquely contributes to the literature by investigating …

The Effects Of Race, Ethnicity, And Language On Competency To Stand Trial Evaluations, Gonzalez Melvin Pagan

All-Inclusive List of Electronic Theses and Dissertations

Forensic evaluators receive training on multicultural assessment and most forensic assessment textbooks include guidelines addressing multicultural issues, but there is little research examining how race/ethnicity and linguistic differences may impact competency to stand trial evaluations. There is a need for research to better understand the needs of Hispanic individuals who are among the fastest growing populations in the United States. Prior studies suggest that clinicians may diagnose African American defendants and Hispanic individuals with a more severe diagnosis when compared to Caucasian individuals. When defendants communicate in their secondary language or require the use of an interpreter it may impact …

A Curriculum Analysis Of The Mid-America Law Enforcement Academy Through A Multicultural Lens, Jill Musgrave

All-Inclusive List of Electronic Theses and Dissertations

This research was conducted as an exploratory case study guided by the institutional curriculum model for multicultural Education developed by Coles and Grant (1985). Document analysis, over 125 hours of observations, seven instructor interviews, and 12 recruit interviews were conducted to explore how the institutional curriculum (e.g., the official, null, operational, hidden, and extra curriculum) addressed multiculturalism and cultural responsiveness at a police academy, and how the institutional multicultural curriculum impacted the recruits. After data were collected and analyzed across all data sources, three primary findings emerged. First, a lack of vertical and horizontal communication exists regarding the multicultural curriculum. …

Tackling Elder Abuse: State Intervention Under Singapore's Vulnerable Adults Act, Wing Cheong Chan

Research Collection Yong Pung How School Of Law

Abuse and neglect of adults raise complex issues on the freedom of the individual to choose for themselves versus the powers of the State to intervene. The law has traditionally limited the scope of compulsory intervention to extreme situations only which can frustrate social workers who deal with such cases. On the other hand, it would be unacceptable to allow intervention simply because it is assessed to be in the adults' best interests. A balance therefore has to be struck between autonomy and protection. This paper examines how Singapore's Vulnerable Adults Act identifies the point for intervention and embodies safeguards …

Model Law On Cross-Border Insolvency Comes Of Age: New Times Or New Paradigms, Gerard Mccormack, Wai Yee Wan

Research Collection Yong Pung How School Of Law

This year (2018) the Model Law on Cross-BorderInsolvency comes of age and celebrates its 21st birthday. It has been something of a successinternationally. The major common lawjurisdictions including the United Kingdom (UK), the United States (US), Canadaand Australia have changed their domestic laws on cross-border insolvencycooperation based on the model law provisions and so too has Japan and Korea. But theemerging global super powers of China and India have remained resistant and sotoo have most of the European Union (EU) member states including the economicpower houses of France and Germany. Nevertheless, the number of international acceptances is growing slowlyincluding most …

A Network Analysis Of The Singapore Court Of Appeal’S Citations To Precedent, Jerrold Tsin Howe Soh

Research Collection Yong Pung How School Of Law

This article presents findings from an empirical network analysis of citation practices in Singapore's highest court.A network of all 987 reported Court of Appeal judgments handed down from 2000 to 2017 is constructed. Networkcentrality algorithms are used to rank judgments by centrality. Judgments on contract law, particularly on contractual interpretation and terms, emerge as the most central. Based on this, this article argues that more attention can be paid to interpretation per se as a legal skill. More generally, this article establishes a framework for applying network analysis to Singapore jurisprudence on a larger scale.

The Experiences Of Migrants To Australia Who Stutter, Charn Nang, Victoria Reynolds, Deborah Hersh, Clare Andrews, Oswell Humphries

Research outputs 2014 to 2021

Purpose: Migration is a contemporary, global matter. With the number of international migrants doubling over the past four decades, speech-language pathologists will likely work with migrants who have childhood-onset stuttering. However, combined migration and stuttering experiences have never been investigated specifically. This study is the first to investigate the experiences of migrants to Australia who stutter. Methods: Three women and six men, aged 23 to 66 years old, participated. Data from individual interviews were analysed using Interpretative Phenomenological Analysis to examine the ‘lived experience’ of participants, as well as with NVivo 12 software for the management of coding. Participants also …

Different Molecular Characteristics And Antimicrobial Resistance Profiles Of Clostridium Difficile In The Asia-Pacific Region, Yun Luo, Elaine Cheong, Qiao Bian, Deirdre A. Collins, Julian Ye, Jeong Hwan Shin, Wing Cheong Yam, Tohru Takata, Xiaojun Song, Xianjun Wang, Mini Kamboj, Thomas Gottlieb, Jianmin Jiang, Thomas V. Riley, Yi-Wei Tang, Dazhi Jin

Research outputs 2014 to 2021

Molecular epidemiology of Clostridium difficile infection (CDI) has been extensively studied in North America and Europe; however, limited data on CDI are available in the Asia-Pacific region. A multicentre retrospective study was conducted in this region. C. difficile isolates were subjected to multilocus sequence typing (ST) and antimicrobial susceptibility testing. Totally, 394 isolates were collected from Hangzhou, Hong Kong, China; Busan, South Korea; Fukuoka, Japan; Singapore; Perth, Sydney, Australia; New York, the United States. C. difficile isolates included 337 toxin A-positive/B-positive/binary toxin-negative (A+B+CDT-), 48 A-B+CDT-, and nine A+B+CDT+. Distribution of dominant STs varied geographically with ST17 in Fukuoka (18.6%), Busan …

The Association Between Normal Bmi With Central Adiposity And Proinflammatory Potential Immunoglobulin G N-Glycosylation, Di Liu, Qihuan Li, Jing Dong, Dong Li, Xizhu Xu, Weijia Xing, Xiaoyu Zhang, Weijie Cao, Haifeng Hou, Hao Wang, Manshu Song, Lixin Tao, Xiaoping Kang, Qun Meng, Wei Wang, Xiuhua Guo, Youxin Wang

Research outputs 2014 to 2021

Background: The mechanism by which normal body mass index (BMI) with central adiposity (NWCA) increases the risk of the diseases has not been completely elucidated. The inflammatory role of immunoglobulin G (IgG) N-glycosylation in obesity defined by BMI or central adiposity defined by waist-to-hip ratio (WHR) was reported, respectively. We undertook this three-center cross-sectional study to determine the association between the IgG N-glycans and NWCA. Methods: The participants were categorized into four different phenotypes: normal BMI with normal WHR (NW), normal BMI with central adiposity (NWCA), obesity with normal WHR (ONCA) and obesity with central adiposity (OCA). The …

Traditional Methods For Managing Illness In Newborns And Infants In An Arab Society, Diana H. Arabiat, Lisa Whitehead, Mohammad Al Jabery, Amanda Towell-Barnard, L. Shields, E. Abu Sabah

Research outputs 2014 to 2021

Aim: This study explored self‐management practices in relation to traditional methods for managing illness in newborns and infants and the implications of these practices on infant health.

Background: Self‐medication with folk remedies is believed to have short‐ and long‐term impacts on well‐being. Little is known about how mothers in Arab societies used their traditional beliefs and practices in self‐managing their newborns’ and infants’ health.

Methods: Data were collected from five focus groups using open‐ended questions with 37 mothers. Participants were selected using snowball sampling and were recruited from four different cities in Jordan between June 2016 and August 2016.

Ethical …

Analysis Of Perceptual-Motor Calibration Processes In Indoor Climbing, Andrew Stephen Walsh

Theses: Doctorates and Masters

This research programme examines how people perceive maximal reach-and grasp-ness in climbing, and as such these questions will be limited to climbing.

Is experienced gained from performing daily submaximal reaching sufficient for the accurate perception of maximal horizontal reaching affordances in rock climbing?

How is perception of maximal horizontal boundary of reach-and grasp-ness affected by: hold size, body position, additional load, or fatigue.

How will inducing fatigue affect how a participant calibrates distance and their movement economy?

Their Sorrow, Their Story: The Lived Experience Of Individuals Impacted By The Death Of Special Forces Members In The 1996 Black Hawk Accident, Marion Ann Smyth

Theses: Doctorates and Masters

On the 12 June 1996, the Australian Special Forces were conducting night-time counterterrorism training when two Black Hawk helicopters transporting Special Air Service Regiment (SASR) troops collided mid-air. Eighteen personnel were killed, including members from the elite SASR and crew from the 5th Aviation Regiment. In the aftermath of this accident a charity, the Special Air Service Resources Trust, was established to provide ongoing support to the dependants of those killed. This trust is now the Special Air Service Resources Fund (SASRF), and it continues to support the dependants of those killed and the injured from the accident.

There is …

Factors Affecting The Survival And Implantation Of Human Blastocysts Following Vitrification, Hamish Barblett

Theses: Doctorates and Masters

The increased cell numbers, presence of the blastocoel and rapid cell re-organisation have required the development of specific survival criteria post warm to effectively select the most viable blastocyst for transfer. Pre-freeze blastocyst expansion and post warm re-expansion have been shown to contribute significantly to the chances of an implantation and subsequent live birth. The aim of this study was to explore factors that influence the outcome of blastocyst transfers after vitrification and warming, and hopefully improve outcomes by further applying improvements in future cycles. Variables from 8 years of vitrified/warmed blastocysts were retrospectively compiled and analysed to determine the …

Perceptions Of Climate Change And Occupational Heat Stress Risks And Adaptation Strategies Of Mining Workers In Ghana, Victor Fannam Nunfam, Jacques Oosthuizen, Kwadwo Adusei-Asante, Eddie Van Etten, Kwasi Frimpong

Research outputs 2014 to 2021

Heavy physical workload for long hours coupled with increasing workplace heat exposure due to rising temperatures stemming from climate change, especially where there are inadequate prevention and control policies, adversely affect workers' health and safety, productive capacity and social well-being. However, variations in workers' concerns and awareness of occupational heat stress and climate change risks impede the effectiveness of heat stress management. A mixed method approach was used to assess climate change perceptions and occupational heat stress risks and adaptation strategies of Ghanaian mining workers. Questionnaires and focus group discussions were used to collect data from 320 respondents. Quantitative and …

Unlocking The Decibel Scoreplayer, Aaron Wyatt, Lindsay Vickery, Stuart James

Research outputs 2014 to 2021

This paper discusses recent developments in the Decibel ScorePlayer project, including the introduction of a canvas scoring mode, python ScorePlayer externals, and enhancements to the ScoreCreator application. Firstly, the canvas scoring mode of the Decibel ScorePlayer app allows for other applications, such as Max, to send drawing commands to the ScorePlayer via OSC. Several examples of implementations of generative and animated notation scores are discussed and evaluated. An object model has been developed allowing for the creation of hierarchies of drawn elements. The object model defines a framework of commands that can be used to create and control these objects, …

Calculation Of Critical Water Flow Rates For Wildfire Suppression, Greg Penney, Daryoush Habibi, Marcus Cattani, Murray Carter

Research outputs 2014 to 2021

Predicting water suppression requirements and its impacts on firefighting strategies and logistics within the urban environment has been the subject of many previous studies, however the same level of research has yet to be applied in the realm of wildfire suppression. To work towards addressing this knowledge gap, this paper provides guidance for Incident Controllers in relation to critical water flow rates required to extinguish large wildfire across a wide range of forest fuel loads, fire weather and active fire front depths. This is achieved through mathematical empirical analysis of water flow rates required for head fire suppression during 540 …

Risk Perceptions For Exertional Heat Illnesses In Junior Cricket In Sri Lanka, Prasanna Janaka Gamage, Lauren Victoria Fortington, Caroline F. Finch

Research outputs 2014 to 2021

Objectives Exertional heat illnesses (EHI) can occur when sport is played in hot and humid environments, such as those common across Asia. Measures to reduce the risk of EHI are important; however, causal data on EHI occurrence are limited and challenging to capture. To gain an initial understanding of EHI risks, we aimed to assess the risk perceptions of EHI of youth cricketers. Methods A descriptive cross-sectional survey, comprised of 14 questions on EHI risks, was conducted with 365 Sri Lankan junior male cricketers (age=12.9±0.9 years) who typically play in hot and humid conditions. Results For climate related risks, relative …

Australian Vegetated Coastal Ecosystems As Global Hotspots For Climate Change Mitigation, Oscar Serrano, Catherine E. Lovelock, Trisha B. Atwood, Peter I. Macreadie, Robert Canto, Stuart Phinn, Ariane Arias-Ortiz, Le Bai, Jeff Baldock, Camila Bedulli, Paul Carnell, Rod M. Connolly, Paul Donaldson, Alba Esteban, Carolyn J. Ewers Lewis, Bradley D. Eyre, Matthew A. Hayes, Pierre Horwitz, Lindsay B. Hutley, Christopher R. J. Kavazos, Jeffrey J. Kelleway, Gary A. Kendrick, Kieryn Kilminster, Anna Lafratta, Shing Lee, Paul S. Lavery, Damien T. Maher, Núria Marbà, Pere Masque, Miguel A. Mateo, Richard Mount, Peter J. Ralph, Chris Roelfsema, Mohammad Rozaimi, Radhiyah Ruhon, Cristian Salinas, Jimena Samper-Villarreal, Jonathan Sanderman, Christian J. Sanders, Isaac Santos, Chris Sharples, Andrew D. L. Steven, Toni Cannard, Stacey M. Trevathan-Tackett, Carlos M. Duarte

Research outputs 2014 to 2021

Policies aiming to preserve vegetated coastal ecosystems (VCE; tidal marshes, mangroves and seagrasses) to mitigate greenhouse gas emissions require national assessments of blue carbon resources. Here, we present organic carbon (C) storage in VCE across Australian climate regions and estimate potential annual CO₂ emission benefits of VCE conservation and restoration. Australia contributes 5–11% of the C stored in VCE globally (70–185 Tg C in aboveground biomass, and 1,055–1,540 Tg C in the upper 1 m of soils). Potential CO₂ emissions from current VCE losses are estimated at 2.1–3.1 Tg CO₂-e yr^-1, increasing annual CO …

The Owner-Manager’S Role As A Facilitator Of Informal Learning In Small Businesses, Alan Coetzer, Andreas Wallo, Henrik Kock

Research outputs 2014 to 2021

Few studies have examined the owner-manager as a facilitator of learning in small businesses. Furthermore, these studies are typically not framed by distinctive characteristics of small businesses. These limitations of the literature stimulated us to ask: How do the situational opportunities and constraints that emanate from the distinctive characteristics of small businesses affect the small business owner-manager’s role as a facilitator of learning? To address this question, we first conducted a narrative review of existing research on the owner-manager as facilitator of learning in small businesses (10–49 employees). Four themes emerged from our analysis of research findings, including a theme …

A Numerical Study Of Axisymmetric Wave Propagation In Buried Fluid-Filled Pipes For Optimizing The Vibro-Acoustic Technique When Locating Gas Pipelines, Ying Liu, Daryoush Habibi, Douglas Chai, Xiuming Wang, Hao Chen

Research outputs 2014 to 2021

Buried pipeline systems play a vital role in energy storage and transportation, especially for fluid energies like water and gas. The ability to locate buried pipes is of great importance since it is fundamental for leakage detection, pipeline maintenance, and pipeline repair. The vibro-acoustic locating method, as one of the most effective detection technologies, has been studied by many researchers. However, previous studies have mainly focused on vibro-acoustic propagation in buried water pipes. Limited research has been conducted on buried gas pipes. In this paper, the behavior of gas-dominated wave motion will be investigated and compared against water-dominated wave motion …

Engaging Adolescent Kyrgyzstani Efl Students In Digital Storytelling Projects About Astronomy, Nadezhda Chubko, Julia E. Morris, David H. Mckinnon, Eileen V. Slater, Geoffrey W. Lummis

Research outputs 2014 to 2021

This research is based on the Journey through Space and Time (JTST) educational astronomy project for primary and junior high school science curricula in Australia, which seeks to improve students' astronomy content knowledge through science inquiry. The focus of the current project is on the learning needs of students for whom the language of instruction is a foreign or second language (EFL/ESL). This article reports the results of a pilot case study conducted in Bishkek, Kyrgyzstan in December 2017. The research employed a Type II Case Study design. Data were collected through video and audio recordings of classroom interactions. The …

Causes And Possible Consequences Of Hybridisation In Angelfishes At Christmas Island, Federico Vitelli

Theses: Doctorates and Masters

The angelfishes (family Pomacanthidae) have the greatest proportion (~30%) of hybridising species, compared to other families of reef fishes, with 26 species implicated in hybridisation. However, very little is known about hybridisation in angelfish, especially in terms of fitness of the hybrids and possible ecological consequences. Hybrids between three species (C. flavissima, C. eibli and C. vroliki) in the genus Centropyge have previously been reported from Christmas island, where these have been observed in heterospecific harems and interbreeding. This provides the unique opportunity to examine the breakdown in assortative mating in marine fishes. The broad aim of this …