Digital Commons Network^™

"Incitement Lite" For The Nonpublic Forum, Leslie Gielow Jacobs

Brooklyn Law Review

The incitement exception set out in Brandenburg v. Ohio defines the authority of the government, acting in its sovereign capacity, to impose criminal punishment on speakers because the content of their advocacy may persuade listeners to commit crimes. Nonpublic forum managers have much greater flexibility than the government-as-sovereign to restrict the private speakers they invite onto their property because the content of their speech may persuade listeners to engage in harmful conduct. In nonpublic forum management, speakers experience no sanctions and, unlike the government-as-sovereign, nonpublic forum managers may close their forums to all private speakers to avoid unwanted speech. This …

“Hey Alexa, Do Consumers Really Want More Data Privacy?”: An Analysis Of The Negative Effects Of The General Data Protection Regulation, Katherine M. Wilcox

Brooklyn Law Review

Recent news articles discuss the flooding of email inboxes with lengthy terms and condition updates, viral videos of Mark Zuckerberg’s public Cambridge Analytica hearing before Congress, and the phenomenon of internet advertisements appearing for items that consumers merely searched for on Google a day prior. Effective as of May 25, 2018, the European Union’s General Data Protection Regulation (GDPR) established a framework that sets legal standards targeted at businesses and other data collectors to dramatically increase data privacy protections for citizens of the EU. Consumers, however, do not seem to appreciate these increased protections, as they rarely read the updated …

Words We Fear: Burning Tweets & The Politics Of Incitement, Rachel E. Vanlandingham

Brooklyn Law Review

The United States government has long wrestled with the link between speech and violence, periodically employing speculative claims of potential violence and law-breaking to suppress political speech in times of national insecurity. By the late 1960s, however, the Supreme Court fully operationalized the First Amendment’s premise that most government speech suppression is antithetical to self-government, individual autonomy, equality, and liberty. The Court therefore, required immediacy of potential violence before the government could punish speech advocating such illegality, but left private actors free to censor and suppress speech. Today, social media companies, at the behest of the government, are doing what …

Protecting The Millennial Generation: Beyond The Scope Of The Internet, Alexandria Vasquez Esq.

Child and Family Law Journal

No abstract provided.

Florida’S Domestic Violence Injunction: How Our Past Shapes Our Future, Bryan M. Truyol Esq.

Child and Family Law Journal

No abstract provided.

The Separation Of Migrant Families At The Border Under The Trump Administration’S Zero-Tolerance Policy: A Critical Analysis Of The Mistreatment Of Immigrant Children Held In U.S. Custody, Dhillon Ramkhelawan

Child and Family Law Journal

This article provides a critical analysis of the Trump Administration’s zero-tolerance policy that separated migrant families at the Southwest United States border from April to June 2018. It will provide a statistical analysis regarding the number of migrant children that were separated from their parents during this time period, and it will describe the poor living conditions that many of these children were subjected to as they waited for their parent’s immigration cases to be decided. Additionally, this article will also critically analyze the United States’ history of mistreating migrant children who started to flee their war-torn countries in Central …

Sex Differences In Becoming A Current Electronic Cigarette User, Current Smoker And Current Dual User Of Both Products: A Longitudinal Study Among Mexican Adolescents, Rosibel Rodríguez-Bolaños, Edna Arillo-Santillán, Inti Barrientos-Gutiérrez, Luis Zavala-Arciniega, Charity A. Ntansah, Jim Thrasher

Faculty Publications

This study aimed to assess sex differences in predictors for becoming a current exclusive electronic cigarette (e-cigarette) user, current exclusive smoker, or current dual user (concurrent smoking and e-cigarette use). This longitudinal study included 2399 females and 2177 males who had tried neither cigarettes nor e-cigarettes at baseline and attended 57 middle schools in the three largest cities in Mexico. We estimated multinomial logistic models stratified by sex. At follow-up, the prevalence of current exclusive e-cigarette use was 6.4% for males and 5.5% for females; current exclusive smoking was similar among males (3.6%) and females (3.5%); dual use was 2.4% …

Temporary Shelter Simulation Towards Effectiveness Value Of Ottv And Thermal Comfort, Ayu Dyah Puspa, Prayitno Budi, Hariyadi Agus

ASEAN Journal on Science and Technology for Development

Indonesia is prone to a variety of natural disasters, one of which is earthquakes. Earthquakes are detrimental to human life, causing among other things a loss of shelter. As such, victims of earthquakes need basic assistance in the form of shelter, which the Indonesian government provides in the transition phase of emergency responses. Several innovations in the provision of temporary shelter have arisen in terms of packaging and fast unloading. This research aimed to examine the effective value of OTTV energy (overall thermal transfer value), differences in room temperature, and thermal comfort in existing temporary shelters. OTTV values and thermal …

Miracles And Home Births: The Importance Of Media Representations Of Birth, Molly Wiant Cummins

Communication Faculty Publications - Archive

Since most women do not experience birth firsthand before giving birth themselves, many U.S. American birthing women draw knowledge from media representations for understanding what to expect during delivery. Most media representations of birth uphold a medical model, presenting many women with limited options for birth and reducing the agency available to women in their healthcare choices. Lack of choice and agency play into some of the issues surrounding the high rate of maternal mortality in the U.S., compared to other developed nations. This paper analyzes “The Miracle of Birth” scene from Crazy Ex-Girlfriend and Darci’s home birth on Jane …

Glucocorticoids Rapidly Activate Camp Production Via GΑs To Initiate Non-Genomic Signaling That Contributes To One-Third Of Their Canonical Genomic Effects, Francisco J. Nuñez, Timothy B. Johnstone, Maia L. Corpuz, Austin G. Kazarian, Nicole N. Mohajer, Omar Tliba, Reynold A. Pannettieri Jr., Cynthia J. Koziol-White, Moom Roosan, Rennolds S. Ostrom

Pharmacy Faculty Articles and Research

Glucocorticoids are widely used for the suppression of inflammation, but evidence is growing that they can have rapid, non-genomic actions that have been unappreciated. Diverse cell signaling effects have been reported for glucocorticoids, leading us to hypothesize that glucocorticoids alone can swiftly increase the 3′,5′-cyclic adenosine monophosphate (cAMP) production. We found that prednisone, fluticasone, budesonide, and progesterone each increased cAMP levels within 3 minutes without phosphodiesterase inhibitors by measuring real-time cAMP dynamics using the cAMP difference detector in situ assay in a variety of immortalized cell lines and primary human airway smooth muscle (HASM) cells. A membrane- impermeable glucocorticoid showed …

The Human Right To A Fair Start In Life, Matthew Hamity Esq.

Child and Family Law Journal

No abstract provided.

Pi‑Plat: A High‑Resolution Image‑Based 3d Reconstruction Method To Estimate Growth Dynamics Of Rice Inflorescence Traits, Jaspreet Sandhu, Feiyu Zhu, Puneet Paul, Tian Gao, Balpreet K. Dhatt, Yufeng Ge, Paul E. Staswick, Hongfeng Yu, Harkamal Walia

Department of Agronomy and Horticulture: Faculty Publications

Background: Recent advances in image-based plant phenotyping have improved our capability to study vegetative stage growth dynamics. However, more complex agronomic traits such as inflorescence architecture (IA), which predominantly contributes to grain crop yield are more challenging to quantify and hence are relatively less explored. Previous efforts to estimate inflorescence-related traits using image-based phenotyping have been limited to destructive end-point measurements. Development of non-destructive inflorescence phenotyping platforms could accelerate the discovery of the phenotypic variation with respect to inflorescence dynamics and mapping of the underlying genes regulating critical yield components.

Results: The major objective of this study is to evaluate …

How Much Do Expert Opinions Matter? An Empirical Investigation Of Selection Bias, Adversarial Bias, And Judicial Deference In Chinese Medical, Chunyan Ding

Brooklyn Journal of International Law

This article investigates the nature of the operation and the role of expert opinions in Chinese medical negligence litigation, drawing on content analysis of 3,619 medical negligence cases and an in-depth survey of judges with experience of adjudicating medical negligence cases. It offers three major findings: first, that both parties to medical negligence disputes show significant selection bias of medical opinions, as do courts when selecting court-appointed experts; second, expert opinions in medical negligence litigation demonstrate substantial adversarial bias; third, courts display very strong judicial deference to expert opinions in determining medical negligence liability. This article fills the methodological gap …

Reducing The Governance Gap For Corporate Complicity In International Crimes, Seunghyun Nam

Brooklyn Journal of International Law

With increasing reports of corporations involved in serious human rights abuses that amount to international crimes, there are greater calls for states to hold these corporations accountable. Still, many obstacles and challenges remain when it comes to holding corporations accountable. Complex corporate structures, the extraterritorial dimension of the abuses, competition among states and businesses, lack of institutional capacity on the part of states, and lack of legal coordination among states collectively create an impunity gap. The case studies of the situation in Burma and the Democratic Republic of Congo involving foreign companies aim to illustrate this governance gap. With growing …

Of Sustainable Development In Africa: Addressing The (In)Congruence Of Plastic Bag Regulations With International Trade Rules, Regis Y, Simo

Brooklyn Journal of International Law

Several aspects of the trade policies of African countries suffer from neglect in the legal literature. When they are the object of research, the focus is sometimes limited to their participation in the dispute settlement system or on the enforceability of special and differential treatment provisions. While practice displays that African countries have almost never been the target of complaints for a number a reasons, those approaches do not always take into consideration African countries’ domestic measures affecting the flow of goods and services, which could eventually trigger disputes. This paper intends to fill that gap and add to the …

Kicking The Law: The Effects Of Fifa Regulations On A World Cup Host Country’S Legislative Process In Regards To Intellectual Property Protection, Nicole-Amanda Brandofino

Brooklyn Journal of International Law

Brand protection is highly sought after by large organizations that seek to monetize valuable intellectual property. At the international level, treaties such as the TRIPS Agreement allow for protection amongst signatory nations. As a leader in the international sports field, FIFA has capitalized on its well-known brand throughout the world through the selling of merchandise and licensing to influential third parties. With the occurrence of the World Cup every four years, FIFA strives to uphold the high revenue it earns through its wide intellectual property portfolio. As the World Cup host country prepares for the tournament, it must abide by …

Global Implementation Of Soda Taxes: Is There A Better Solution For Combatting Obesity?, Lauren Cedeno

Brooklyn Journal of International Law

As incidences of overweight and obese populations continue to increase around the world, countries are looking for ways to decrease the prevalence of this epidemic. Soda and SSB taxes have increased in prevalence as countries seek to address the health problems associated with consumption of soda and other sugary beverages. This Note explores the implementation of these taxes in Mexico, Europe, and the United States. In analyzing these taxes, this Note seeks to gain a greater understanding of whether these taxes have impacted overweight and obesity rates in the countries and municipalities that have enacted them. This Note argues that …

Sovereign Immunity For Russia's Rocket Engines? Enforcing The "Yukos" Award, Evan Drake

Brooklyn Journal of International Law

In 2003 Yukos Oil Company was once the largest oil company in Russia, and its oligarch CEO was Russia’s richest man. By 2007 Yukos had been dissolved, its CEO arrested, and its assets acquired by Russian state oil giants Rosneft and Gazprom. The fall of Yukos triggered what may be the largest arbitral dispute of all time. In 2014, the former shareholders of Yukos successfully won a $50 billion award against Russia for violations of the Energy Charter Treaty – by far the largest in history. Now the shareholders need to collect. This Note examines how Yukos could enforce its …

Third-Party Funding: The Road To Compatibility In International Arbitration, Vienna Messina

Brooklyn Journal of International Law

Third-party funding in global commerce and dispute resolution has gained considerable traction in the last few decades. The rise in complex international arbitration cases has encouraged a demand for third-party funding arrangements since the disputes involve large amounts of money in addition to high legal costs. This Note explores the implications of third-party funding on the practice of international arbitration, particularly with the expansion of arbitral institutions’ doctrinal rules to address the use of third-party funding. Much of the pre-existing research and literature highlights the issues that third-party funding poses in international arbitration proceedings, but fails to consider a broader, …

Looking To The United Kingdom To Overhaul New York State’S Paid Family Leave Law And Close The Global Gender Gap, John Pietruszka

Brooklyn Journal of International Law

The World Economic Forum estimates that mitigating gender-based disparities in the area of economic participation could lead to substantial economic benefits for the global economy. However, the international system of sovereign states requires this effort be piecemeal, as each state must set priorities to achieve greater gender parity within its own economic, political, and cultural contexts. The United States, by virtue of being the largest economy in the world by nominal GDP, undoubtedly has one of the largest roles to play in the effort to mitigate this global problem. Nonetheless, it lags behind other nation-states in several key areas that …

#Losingthethread: Recognizing Assembly Rights In The New Public Forum, Liz Grefrath

Brooklyn Law Review

The specter of banishment from the vibrant public forum of social media to the empty streets and deserted sidewalks is a matter of increasing political, social, and cultural importance. Today, nearly every government official maintains a social media presence on Facebook or Twitter, generally to promote initiatives, share ideological positions, engage constituents, and tangle with critics. Privacy controls and content moderation tools, however, offer government officials tantalizing opportunities to discretely and effectively muffle disapproval, stifle dissent, and shield themselves from criticism on their public social media pages through “blocking” features. Courts are just starting to grapple with the First Amendment …

Molecular Serotype-Specific Identification Of Non-Type B Haemophilus Influenzae By Loop-Mediated Isothermal Amplification, Chika Takano, Yoko Kuramochi, Mitsuko Seki, Dong Wook Kim, Daisuke Omagari, Mari Sasano, Bin Chang, Makoto Ohnishi, Eun Jin Kim, Kazumasa Fuwa, Paul E. Kilgore, Tomonori Hoshino, Satoshi Hayakawa

Department of Pharmacy Practice

In children, the incidence of pneumococcal meningitis has decreased since the introduction of pneumococcal conjugate vaccine (PCV7 and PCV13). However, since the introduction of the vaccine, developed countries have seen the emergence of non-PCV13 serotypes. However, invasive pneumococcal disease (IPD) caused by PCV13-targeted serotypes still represents an important public health problem in resource-limited countries. To develop a rapid, simple, and cost-effective assay to detect serotypes of Streptococcus pneumoniae, we developed a novel loop-mediated isothermal amplification (LAMP) assay based on the sequences available for the 13 capsular types that are included in PCV13: 1, 3, 4, 5, 6 A, 6B, …

The Women Against Violence Experiment (W.A.V.E.): Social Journalism Solutions To Help Immigrant Women Protect Themselves Against Abuse, Isadora Varejao

Capstones

The Women Against Violence Experiment (W.A.V.E.) is the product of a yearlong investigation about information gaps in New York’s Latina immigrant community. I interviewed two Brazilian-American immigration attorneys serving the Brazilian community and several Brazilian women living in New York, including victims and survivors of domestic violence, and found that immigrant women have little or no knowledge about the different forms of abuse to which they are vulnerable. No matter who perpetrates the abuse -- a partner, a boss, a landlord -- women don’t know about the resources available to protect their rights, such as free services and U.S. legislation. …

Convenience Theory Of Cryptocurrency Crime: A Content Analysis Of U.S. Federal Court Decisions, Claire Nolasco Braaten, Michael S. Vaughn

Criminology and Criminal Justice Faculty Publications (Archived)

This article examines cryptocurrency cases decided in the U.S. District and Circuit Courts to determine the applicability of Gottschalk’s convenience theory of white collar crime to cryptocurrency crime litigation and to empirically analyze whether the conditions under which cryptocurrency offenses occurred show support for the convenience theory. Analysis of U.S. federal district and circuit court case law involving cryptocurrency crimes and fraud indicate support for the convenience theory of white-collar crime. Defendants in various schemes were motivated by financial gain, either for the company or for personal use. Their roles and positions in the businesses allowed them access to resources …

Professionalism And Leadership In Medical Education: How Do They Differ And How Are They Related?, Lj Hardy, H Neve

Peninsula Medical School

It is widely accepted that both professionalism and leadership are important in medicine, and in recent years have been defined and mandated by the General Medical Council (GMC 2016, 2017, 2018). Yet the definitions of each are complex, vary between cultures and will almost certainly continue to be debated. Both are social constructs and there is undoubtedly a close association and significant overlap between the two. So how do we see the relationship between ‘professionalism’ and ‘leadership’? Are they identical twins, sharing DNA which makes it impossible to differentiate between them in anything but name? Or siblings who share some …

Bibliometric Study Of The Journal Of New Marketing Research, Mozaffar Cheshmehsohrabi, Reza Dehkhodaei

Library Philosophy and Practice (e-journal)

The objective here is first, to analyze the components of the trends of publishing, topics, methodology, authors status and references to the articles of the subject journal; and, next, to compare the content and structure of this journal with the criteria of new regulations on determining the credibility of the Iranian scientific journals. This study is run through a quantitative content analysis and evaluative methods. The statistical population consists of 372 published articles between 2011 and 2018. The findings reveal that the highest count of articles published in a year with a frequency of 80 is 2014 (21.4%). In …

Intelligent Sim Switching In A Multi-Sim Computing Device, Shivank Nayak, Sooraj Sasindran, Jayachandran Chinnakkannu

Defensive Publications Series

A system is described that enables a computing device (e.g., a mobile phone, a tablet computer, a laptop computer, etc.) to intelligently determine whether to move a data connection from a default data subscriber identity module (DDS) to a non-default data subscriber identity module (non-DDS) when initiating a voice call or during an on-going voice call on the non-DDS in a multiple subscriber identity module (multi-SIM) computing device based on a current state of the computing device. The current state of the computing device may be determined based on various contextual signals, including data usage for each application on the …

Chasing Title Ix: Examining The Circular Effects Of Title Ix From An Unpopular Perspective, Mitchell W. Bild

Seventh Circuit Review

The rise in sexual misconduct awareness campaigns, particularly on college campuses, has brought a traditionally-taboo subject to the fore of national discourse. Accordingly, the federal government has required public institutions of higher education to respond aggressively to accusations of sexual misconduct by expanding the reach of Title IX’s prohibition on sex discrimination and relaxing adjudicative procedures. To enforce these changes, the U.S. Department of Education threatened to withdraw federal funding from institutions that failed to comply with its mandates after engaging in public investigations, therefore resulting in financial and reputational ruin. This aggressive practice has resulted in a systematic and …

Vol.47 N.23 December 26th 2019, Vocie Media Ventures

Black Voice News

No abstract provided.

Pakistan’S Macroeconomy: Current Situation And Way Forward, Ishrat Husain Dr.

Faculty Research - Talks, Speeches, & Discourse

I would like to place the current economic situation in the historical context. For the first decades 1950-1990 Pakistan was among the fastest growing economies in the developing world. This achievement was remarkable because Pakistan had inherited an economy without any industrial base; had to rehabilitate and absorb 8 million refugees – almost one fourth of the total population; had to fight a war with a much bigger and stronger neighbour in 1965; lost the Eastern Wing and suffered a trauma in 1971. In the 1970s all major industries, banks, educational institutions were nationalized. In 1980s the country participated in …