Digital Commons Network^™

Bans, Joseph Blocher

Faculty Scholarship

In the universe of legal restrictions subject to judicial review, those characterized as fully denying some aspect of a constitutional right—bans—are often subject to per se rules of invalidity. Whether the subject of the restriction is a medium of expression, the valuable use of property, or a class of weapons, courts in such cases will often short-circuit the standard doctrinal machinery and strike down the law, even if it might have survived heightened scrutiny. Identifying laws as bans can thus provide an end run around the tiers of scrutiny and other familiar forms of means-ends analysis.

And yet it is …

Free Speech And Justified True Belief, Joseph Blocher

Faculty Scholarship

Law often prioritizes justified true beliefs. Evidence, even if probative and correct, must have a proper foundation. Expert witness testimony must be the product of reliable principles and methods. Prosecutors are not permitted to trick juries into convicting a defendant, even if that defendant is truly guilty. Judges’ reasons, and not just the correctness of their holdings, are the engines of precedent. Lawyers are, in short, familiar with the notion that one must be right for the right reasons.

And yet the standard epistemic theory of the First Amendment—that the marketplace of ideas is the “best test of truth”—has generally …

Undated, 2019, Unauthored, Draft - Cao At 20 Years, For Sag Members, Unauthored

CAO General 1999-Present

No abstract provided.

Book Review: The Innovator's Mindset: Empower Learning, Unleash Talent And Lead A Culture Of Creativity, Lama Mahmoud, Hanar Atroshi

All Works

No abstract provided.

Inhibition Of Hsv-1 Binding By Egcg-Stearate, Valerie Paschalis

Theses, Dissertations and Culminating Projects

Herpes simplex virus type 1 (HSV-1) is the causative agent of oral herpes, and is able to establish lifelong latent infection along with painful, recurring symptoms. Epigallocatechin-3- gallate (EGCG) is the most abundant polyphenol derived from green tea (Camellia sinensis), whose anti-inflammatory, antioxidant, anti-cancer, and antiviral properties have been widely studied. Although EGCG is not chemically stable and has poor hydrophobicity, lipophilic derivatives of EGCG have shown increased stability as well as increased antiviral efficacy against HSV. Previous studies have demonstrated that EGCG stearate (EGCG-S), a derivative of EGCG esterified at the 4’ position with stearic acid, is able to …

Hidden In Plain Sight : Knowledge Broker Teachers And Professional Development, Margaret M. Jusinski

Theses, Dissertations and Culminating Projects

This qualitative study was prompted by initiatives that addressed the need for teachers to engage in professional development that enables them to be 21st century ready. Recommendations put forth by government and business have stressed that professional development foster connected teaching and create networked educators by emphasizing peer-topeer collaboration and sharing. Despite this focus, little attention has been paid to the role that regular teachers play in becoming professional developers for their colleagues. My study investigated how four K-12 teachers, that I termed “knowledge broker teachers,” created new pathways for informal, teacher professional development in their schools.

Extending on the …

Least Action Principle Applied To A Non-Linear Damped Pendulum, Katherine Rhodes

Theses, Dissertations and Culminating Projects

The principle of least action is a variational principle that states an object will always take the path of least action as compared to any other conceivable path. This principle can be used to derive the equations of motion of many systems, and therefore provides a unifying equation that has been applied in many fields of physics and mathematics. Hamilton’s formulation of the principle of least action typically only accounts for conservative forces, but can be reformulated to include non-conservative forces such as friction. However, it can be shown that with large values of damping, the object will no longer …

Mapping The Scholarly Communication Landscape: 2019 Census, Katherine Skinner

Copyright, Fair Use, Scholarly Communication, etc.

This report documents the design, methods, results, and recommendations of the 2019 Census of Scholarly Communication Infrastructure Providers (SCIP), a Census produced by the “Mapping the Scholarly Communication Infrastructure” project team (Andrew W. Mellon Foundation; Middlebury College, 2018-19). The SCIP Census was created to document key components comprising the organizational, business, and technical apparatuses of a broad range of Scholarly Communication Resources (SCRs) – the tools, services, and systems that are instrumental to the publishing and distribution of the scholarly record. Using Community Cultivation – A Field Guide (Educopia, 2018) as a framework, we designed a Conceptual Model detailing the …

From Coalition To Commons: Plan S And The Future Of Scholarly Communication, Rob Johnson

Copyright, Fair Use, Scholarly Communication, etc.

Abstract

The announcement of Plan S in September 2018 triggered a wide-ranging debate over how best to accelerate the shift to open access. The Plan’s ten principles represent a call for the creation of an intellectual commons, to be brought into being through collective action by funders and managed through regulated market mechanisms. As it gathers both momentum and critics, the coalition must grapple with questions of equity, efficiency and sustainability. The work of Elinor Ostrom has shown that successful management of the commons frequently relies on polycentricity and adaptive governance. The Plan S principles must therefore function as …

2019-2024 Strategic Plan: Canadian Research Knowledge Network, Canadian Research Knowledge Network

Copyright, Fair Use, Scholarly Communication, etc.

Vision The world’s knowledge is accessible by all.

Mission CRKN advances interconnected, sustainable access to the world’s research and to Canada’s documentary heritage content.

About For our member organizations and the diverse communities they serve, CRKN empowers researchers, educators, and society with greater access to the world’s research and Canada’s preserved documentary heritage, now and for future generations. We deliver value to academic libraries, heritage organizations, and knowledgeseekers within Canada in the following ways: > Represent our membership in large-scale licensing and content acquisition activities; >Collaborate to expand and enrich the digital knowledge ecosystem in Canada and the world; >Advocate for …

Harmonization And Interoperability Of Metadata Schemes Used At The National Autonomous University Of Mexico (Unam) Repositories: The Iibiunam Repository And / Y Armonización E Interoperabilidad De Los Esquemas De Metadatos Utilizados En Repositorios De La Universidad Nacional Autónoma De México (Unam): El Repositorio Iibi-Unam, Filiberto Felipe Martínez Arellano, Noel Perea Reyes, Dante Ortiz Ancona, Juan Miguel Palma Peña

Copyright, Fair Use, Scholarly Communication, etc.

English

As a result of the Open Access (OA) movement, it is undeniable that all over the world there are many completed and ongoing projects of institutional repositories (IR) as a new alternative for scientific communication. IR facilitate access to research outputs, i.e. articles, books, book chapters, theses and dissertations, among other publications. The creation of IR has been widely promoted in Mexico and Latin America. The Institute of Research on Library Science and Information [Instituto de Investigaciones Bibliotecológicas y de la Información, IIBI], as one of the 59 research institutes of the National Autonomous University of Mexico [Universidad Nacional …

Academic Special Collections And The Myths Of Copyright, Teresa Auch Schultz, Dana Miller

Copyright, Fair Use, Scholarly Communication, etc.

This study compares the copyright and use policy statements posted on the websites of the special collections of Association of Research Libraries member libraries. In spring 2018, 99 academic special collections websites were viewed, and data was collected based on the following: 1) presence and content of a general copyright statement; 2) mention of copyright owners besides the special collections; 3) presence and accuracy of statements regarding fair use and public domain; 4) policies for patron-made copies; 5) whether the special collections required its permission and/or the copyright owner’s permission to publish; 6) whether any use or license fees were …

Civil Servant Disobedience, Jennifer Nou

Public Law and Legal Theory Working Papers

Administrative agencies are hierarchical bureaucracies. But those on the lower rungs don’t always fall lockstep in line with those at the top. Reasons vary. Sometimes, intra-agency communication is poor. Those laboring below may not know the preferences of their superiors. Even when this information is available, sometimes bureaucrats are lazy; they can “shirk.” Or they may simply disagree with what their bosses want; they might “drift.” Each of these themes have been mainstays of principal-agent models across various disciplines.¹ Legal scholars too have studied bureaucratic resistance, mainly of civil servants within the executive branch.² These analyses have mostly …

Free Speech And Cheap Talk, Daniel Hemel, Ariel Porat

Public Law and Legal Theory Working Papers

We present a new framework for analyzing defamation liability that serves both to clarify and complicate understandings of the law’s consequences for speakers, victims, and the marketplace of ideas. In addition to the familiar deterrence and chilling effects, we show how defamation liability can generate a “warming effect,” making statements more credible and potentially raising both the quality and quantity of speech. We also explain how a more plaintiff-friendly liability regime may exacerbate harms to defamation victims. We end by considering the possibility of “self-tailored” defamation law, with victims or speakers selecting the defamation liability regime that applies to them.

The Primitive Lawyer Speaks!: Thoughts On The Concepts Of International And Rabbinic Laws, Harlan G. Cohen

Faculty Scholarship

Inspired by Chaim Saiman’s brilliant book, Halakhah: The Rabbinic Idea of Law, this essay draws connections between the lived experiences of international law and Jewish law, focusing in particular on (1) the centrality of practice, (2) the search for and construction of authority in communities of practice (the “invisible college”), (3) the challenges and opportunities of fragmentation and pluralism, and (4) the difficulty translating their methods to more state-like institutions, like courts and legislation. The hope is that this testimony of one of H.L.A. Hart’s primitive lawyers can provide a fuller, more textured picture of how law might operate or …

A Masterclass In Trademark's Descriptive Fair Use Defense, Deborah R. Gerhardt

Faculty Publications

When judges decide trademark cases, they often must balance trademark rights against interests in free expression. The defense known as “classic” or “descriptive” fair use embraces the foundational themes that make trademark conflicts so compelling. By design, the defense pits fair competition and free speech against a mark owner’s right to control its story, reputation, and values. The outcome of this tug of war may be hard to predict. It turns on consumer perception, and therefore, generally raises questions of fact. But in Mars, Inc. v. J.M. Smucker Co., this fact intensive question was decided as a matter of law. …

Adverse Childhood Experiences, Neuroadaptation, And Resilience: Does Trauma Focused Cognitive Behavioral Therapy Go Far Enough?, Tracie Abbott

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

Adverse childhood experiences (ACEs) pose a significant public health risk. Current literature suggests ACEs have the potential to significantly disrupt sensitive periods of neurodevelopment. These neuroadaptations can result in social, emotional, and cognitive impairments that place a child at a significantly greater risk for adopting health risk behaviors and lifestyle factors that lead to the major causes of disease, disability, social problems, and early death in adults. Mental health clinicians have a unique opportunity to intervene by working with families to alter the trajectories of the child’s health risk behaviors and lifestyle factors. Trauma Focused Cognitive Behavioral Therapy (TF-CBT), a …

Assistive Devices For Communication Use With The Elderly, Corrine Koepsell, Antony Joseph

AuD Capstone Projects - Communication Sciences and Disorders

Hearing loss is one of the prevalent medical conditions in older adults. Although it has been documented that hearing loss is associated with various aspects of social and physical health, hearing assistive technologies and audiologic rehabilitation have been infrequently tapped clinical solutions. Cost and user problems in background noise are two common reasons why hearing aids are underutilized by seniors, and by younger age groups as well. Alternative tools, such as assistive listening devices, may be helpful for older listeners, even though they are used less frequently than hearing aids. To identify if assistive listening devices are satisfactory, a pilot …

A Study Of Non-Profit Leaders' Risk-Taking Propensity And Managerial Leadership Styles, Younis Q. Al Hassan

Dissertations and Theses @ UNI

Risks are an inherent part of life and in nonprofit organizations (NPOs) in particular. Nonprofit organizations struggle to respond to changes imposed by external and internal environmental influences. These influences revolve around the myriad social, cultural, political, environmental, and economic changes and their attendant challenges. The NPOs now face yet another challenge, which is a significant managerial leadership deficit. The purpose of this quantitative study is to examine whether nonprofit leaders’ risk-taking propensity (RTP) is associated with their managerial leadership styles (MLS). Furthermore, the study will examine if age, gender, level of education, size of an organization, and number of …

Tangled Twilight. Destiny, Horror, And Transformation In Nature: American Culture Of Progress During The Vietnam War 1965-1975, Alexander Newkirk

Dissertations and Theses @ UNI

This work is an exploration of shifting American attitudes toward key cultural myths during and after the Vietnam War from 1965-1975. Using sources such as memoir, film, and relevant historiography of the time this thesis emphasizes an exploration of the shifting attitudes of Americans during the Cold War. An epoch defined by a “utopian” vision of American history that was codified in a Post War period. This included a tradition of enlightenment values, liberal consensus, a technocratic order, and a deep abiding myth in progress. While this period has been extensively studied, I suggest there has not been enough attention …

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, Advisors, and Table of Contents for Animal Law Review Volume 25, Issue 2, 2019.

The Beginning Of The End For Belugas In Captivity In The United States, Megan E. Boyd

Animal Law Review

Beluga whales have been displayed in aquariums and zoos for decades, but the end of captive beluga displays in the United States is near, thanks to Georgia Aquarium v. Pritzker. In 2012, the Georgia Aquarium, on behalf of members of the beluga cooperative breeding program, applied to the National Marine Fisheries Service (NMFS) for a special permit allowing the breeding cooperative to import eighteen beluga whales from Russia. After NMFS denied the permit, the Aquarium brought suit, arguing that NMFS’s denial was arbitrary and capricious and that without an influx of belugas, the United States captive beluga whale breeding program …

Animal Welfare Act: Welfare Standards, Cathy Liss, Kimberly Ockene, Naomi Rose, Georgia Hancock Snusz, Anna Frostic

Animal Law Review

Cathy Liss discusses the changes to the standards after the 1985 Improved Standards for Laboratory Animals amendment to the AWA and the emphasis of performance standards that were implemented. Kimberly Ockene discusses the AWA regulations for commercial dog breeders and a petition for rulemaking that seeks to enhance these regulations. Naomi A. Rose and Georgia Hancock Snusz discuss captive marine mammals and their coverage under the AWA. Lastly, Anna Frostic speaks about public handling of exotic animals held at licensed exhibitors, which are regulated under the Act.

Animal Welfare Act: Excluded Animals, Michael Mcfadden, Sue Leary, Kathy Hessler

Animal Law Review

Michael McFadden discusses the Animal Welfare Act’s exclusion of farmed animals and possible reasons for their exclusion. He then briefly discusses welfare problems faced by farmed animals. He ends by describing the various ways in which consumers are showing increasing concern for farmed animals and how consumers, especially millennial consumers, are poised to force the agricultural industry to improve conditions for farmed animals. Sue Leary recounts the history of efforts to include rats, mice, and birds, in the AWA. Next, she explains the historical and contemporary issues with including common laboratory research animals under animal protection laws. She ends her …

Animal Welfare Act: Related Litigation And Other Efforts, Joyce Tischler, Valerie Stanley, Jenni James, Kathy Meyer

Animal Law Review

Joyce Tischler discusses the background of the Animal Welfare Act from the 1971 definitional change of the term “animal” to the 1985 Amendment for improved standards. Her organization, Animal Legal Defense Fund, was the first to litigate the AWA’s terms and the U.S. Department of Agriculture’s regulations. Valerie Stanley expands upon the 1985 Amendment’s requirements regarding primates and the regulatory struggles Animal Legal Defense Fund faced therein. Jenni James discusses Article III standing and the difficulties in getting into court due to a general reluctance to recognize plaintiffs as satisfying standing under the AWA. She also discusses the courts preference …

Animal Welfare Act: Interaction With Other Laws, Ani B. Satz, Delcianna Winders

Animal Law Review

Ani B. Satz discusses the interaction of the Animal Welfare Act (AWA) with state laws, specifically focusing on perceived preemptive effects of the AWA on state anti-cruelty laws. Delcianna Winders discusses how these perceived preemptive effects play out on a federal level, focusing on how the AWA interacts with the Endangered Species Act (ESA). She expands upon how both laws apply to captive animals, who have been identified as threatened or endangered under the ESA.

Animal Welfare Act: Enforcement, Delcianna Winders, Varu Chilakamarri

Animal Law Review

Delcianna Winders discusses the Animal Welfare Act and how the United States Department of Agriculture enforces it. She also provides a critique of the USDA’s enforcement of the AWA, with particular attention to its heavy reliance on warnings and discounted penalties, which in many cases fail to deter regulated entities from violating the AWA. Varu Chilakamarri discusses how animal welfare issues are incorporated into the work of the Department of Justice (DOJ). She provides an overview of the AWA, noting the specific sections that provide for federal court review. Chilakamarri also discusses some of the programmatic steps the DOJ has …

It Takes A Village To Protect Its Pets: How To Empower Local Community Organizations In The Fight For Companion Animal Rights, Danielle Maddox Kinchen

Animal Law Review

This Note aims to provide a guide for state law reforms to ease the responsibility on southern states’ shelter, rescue, and foster systems. It employs a three-pronged strategy to address two main challenges for homeless companion animals—overpopulation and unprosecuted animal cruelty. The United States euthanizes an estimated 1.5 million companion animals annually in its companion animal shelters, largely due to overpopulation, and the South plays an exponentially larger role in this statistic than the North, with some southern cities annually euthanizing hundreds of thousands of companion animals each. Approximately 6.5 million companion animals enter shelters each year, and in addition …

For The Twenty-Fifth Anniversary Of Animal Law, Earl Blumenauer

Animal Law Review

Foreword to Animal Law Review Volume 25, Issue 3, 2019.

Five More Years For The Animals, David S. Favre

Animal Law Review

For Animal Law’s twenty-fifth anniversary edition, David S. Favre is back with an update on the state of animal law in the United States. This piece covers the new, the changeless, the good, and the bad of the animal legal landscape in the past five years, since Animal Law last asked Favre to write a review of animal law. An overview of new case law is discussed, as is a summary of newly passed state laws, mostly related to companion animals. Additionally, developments in the ever-expanding field of animal legal education are examined. This Article discusses changes in a variety …