Digital Commons Network^™

Student Movements In The United States And Mexico: A Testimony, Roberto M. De Anda

Chicano/Latino Studies Faculty Publications and Presentations

The author reflects on his experiences teaching and going to graduate school in Mexico City in the late 1970s and early 1980s. I discuss my participation in Chicano Movement organizations before moving to Mexico, and the reasons that propelled me to go to graduate school there. I highlight lessons learned teaching as a volunteer at a normal popular, or people’s teachers college, and as a professor at the Universidad Autónoma Chapingo (UACh). I also describe my graduate studies at the Universidad Nacional Autónoma de México (UNAM). The conclusion focuses on the impact that these experiences had on the author’s professional …

The Lamp-Post Of The Southern California C.S. Lewis Society, Janet Brennan Croft

Mythlore: A Journal of J.R.R. Tolkien, C.S. Lewis, Charles Williams, and Mythopoeic Literature

No abstract provided.

Wealth-Based Penal Disenfranchisement, Beth A. Colgan

Vanderbilt Law Review

This Article offers the first comprehensive examination of the way in which the inability to pay economic sanctions-fines, fees, surcharges, and restitution-may prevent people of limited means from voting. The Supreme Court has upheld the constitutionality of penal disenfranchisement upon conviction, and all but two states revoke the right to vote for at least some offenses. The remaining jurisdictions allow for reenfranchisement for most or all offenses under certain conditions. One often overlooked condition is payment of economic sanctions regardless of whether the would-be voter has the ability to pay before an election registration deadline. The scope of wealth-based penal …

Extinguishing The Firewall: Addressing The Jurisdictional Challenges To Bringing The Cyber Tort Suits Against Foreign Sovereigns, Samantha N. Sergent

Vanderbilt Law Review

The rapid advancement of technology has resulted in new forms of tortious activity. Increasingly, these cyber torts are perpetrated by foreign states. Notwithstanding other barriers to collecting damages for a cyber tort, a plaintiff suing for a foreign-state-perpetrated cyber tort must prove that the alleged tortious activity satisfies one of the Foreign Sovereign Immunities Act's exceptions-most likely the noncommercial tort exception. Recently the U.S. Court of Appeals for the D.C. Circuit held that a U.S. court lacked jurisdiction to hear a claim against a foreign state that hacked a U.S. national's email account. The court found the noncommercial tort exception …

The Context Of Authority And Sociological Knowledge: An Experiential Learning Project, Julia F. Waity, Stephanie Crowe

Communications in Information Literacy

In this innovative project, a social sciences librarian partnered with a sociology professor to embed the “Authority is Constructed and Contextual” frame into an upper-division sociology of poverty course. Students in this course participated in an experiential learning project, collaborating with local children on a participatory photo mapping project to document the children’s neighborhood. By working directly with community members in this field experience, the students gained an understanding of the differences between scholarly authority and community authority and what can be learned about poverty from each type of source. Engagement with a local community provides students with a direct …

Analyzing The Laws Of Mil: A Five-Step Scientific Conversation On Critical Information Literacy, Andréa Doyle

Communications in Information Literacy

This essay mixes epistemological considerations on truth and science, a critical information literacy exercise on the 5 Laws of MIL (Media and Information Literacy), LIS theory and international experience reports. It is constructed in five parts, in line with the 5 Laws of Media and Information Literacy (Grizzle & Singh, 2016) and Ranganathan’s laws (1931). First, a critique of the Laws of MIL is presented; then a specific social context puts the first part into perspective; the feedback from the international community on the first two is followed by new research on library/MIL laws; and finally, matters of space, readers, …

Review Of Learner-Centered Pedagogy: Principles And Practice, Rachel A. Koenig

Communications in Information Literacy

No abstract provided.

Review Of Disciplinary Applications Of Information Literacy Threshold Concepts, Carolyn Cunningham

Communications in Information Literacy

No abstract provided.

Libraries And Fake News: What’S The Problem? What’S The Plan?, Matthew C. Sullivan

Communications in Information Literacy

This article surveys the library and information science (LIS) response to the problems of fake news and misinformation from the 2016 U.S. presidential election to the end of 2018, focusing on how librarians and other information professionals in the United States have articulated the problems and the paths forward for combating them. Additionally, the article attempts to locate the LIS response in a larger interdisciplinary misinformation research program, provide commentary on the response in view of that research program, and lay out both a possible research agenda for the field and practical next steps for educators ahead of the 2020 …

Conceptual And Procedural Knowledge: A Framework For Analyzing Point-Of-Need Information Literacy Instruction, Amy Vanscoy

Communications in Information Literacy

The information literacy instruction (ILI) that occurs during a spontaneous information interaction, such as at the reference desk, is not clearly defined and not extensively researched. It differs, however, from classroom ILI, with its lesson plans, carefully considered learning outcomes, and planned learning activities. This paper uses the framework of conceptual and procedural knowledge, drawn from education research, to analyze point-of-need ILI. Digital reference transcripts were analyzed using this framework, and examples of ILI from the transcripts were categorized to make sense of how conceptual and procedural knowledge manifest in point-of-need ILI. This conceptual/procedural focus acknowledges the unique context of …

From Syndication To Misinformation: How Undergraduate Students Engage With And Evaluate Digital News, Cara Evanson, Jayme Sponsel

Communications in Information Literacy

To determine how undergraduate students engage with digital news, researchers at Davidson College surveyed 511 incoming first-year students on their news consumption habits and asked them to evaluate screenshots of news stories. The researchers found that a high percentage of the students were accessing news through social media platforms, and that syndication and fake URLs posed challenges for them in making accurate evaluations. Additionally, students indicated they would share a tweet containing an impostor URL at higher rates than they would share the other news story examples. The findings have implications for how educators teach students to evaluate misinformation.

The Effects Of Rf-Emf On The Child Brain, Aaron Skaist

The Science Journal of the Lander College of Arts and Sciences

It has long been debated whether or not cell phones have a deleterious effect on the brain. Recent studies indicate that the electro-magnetic field emitted by cell phones called RF-EMF is linked to cancer. Guidelines created to limit the exposure have not been changed since 1981 and do not consider children. The mechanism thought to cause cancer is reactive oxygen species (ROS), which cause the creation of micronuclei. RF-EMF poses a greater threat to children than adults. This is due to the major anatomical differences between the head of a child and an adult. The skull of a child is …

Car T-Cell Therapy For Acute Lymphoblastic Leukemia, Esther Langner

The Science Journal of the Lander College of Arts and Sciences

Despite all the available therapies, Acute Lymphoblastic Leukemia (ALL) remains extremely difficult to eradicate. Current available therapies, which include chemotherapy, radiation, and stem cell transplants, tend to be more successful in treating children than adults. While adults are more likely than children to relapse after treatment, the most common cause of treatment failure in children is also relapse. Improved outcomes for all ALL patients may depend upon new immunotherapies, specifically CAR T-cell therapy. CAR T-cell therapy extracts a patient’s own T-cells and modifies them with a CD19 antigen. This modification allows the new T-cells to recognize and kill cancer cells …

Drone Invasion: Unmanned Aerial Vehicles And The Right To Privacy, Rebecca L. Scharf

Scholarly Works

Since the birth of the concept of a legally-recognized right to privacy in Samuel D. Warren and Louis D. Brandeis’ influential 1890 law review article, The Right to Privacy, common law – with the aid of influential scholars -- has massaged the concept of privacy torts into actionable claims. But now, one of the most innovative technological advancements in recent years, the unmanned aerial vehicle, or drone, has created difficult challenges for plaintiffs and courts navigating common law privacy tort claims.

This Article explores the challenges of prosecution of the specific privacy tort of intrusion into seclusion involving non-governmental use …

Venture Bearding, Benjamin P. Edwards, Ann C. Mcginley

Scholarly Works

“Venture bearding,” a term that we coin in this Article, describes processes of obscuring and covering socially stigmatized identities in business environments. This Article introduces distinctive identity performance strategies from the technology, startup, and venture capital context into the legal literature and discusses what their existence explains about business environments and capital formation. Venture bearding, as we use the term, describes behaviors that persons with contextually stigmatized identities adopt to access social status and capital. In some instances, women, who are stigmatized in this context, may employ men as front persons to conceal that the venture is an exclusively women-owned …

Constructing More Reliable Law And Policy: The Potential Benefits Of The Underused Delphi Method, Juan Bataller-Grau, Elies Segui-Mas, Javier Vercher-Moll, Jeffrey W. Stempel

Scholarly Works

Law has long aspired to achieve status as a science. A central theme of much legal philosophy has been the quest for legal doctrine to become more like scientific axioms or findings produced through a scientific inquiry. Considerable debate has surrounded the issue. Part of the legal profession sees the question of law's science status as doomed to failure and regards law as a distinct type of discipline. Others in the legal profession are attracted to the aspiration but express doubt regarding whether the methods that the legal doctrine has traditionally employed can achieve the greater apparent rigor of the …

Political Dysfunction And Constitutional Structure, David Orentlicher

Scholarly Works

In this essay, Professor Orentlicher reviews three books that analyze different features of the U.S. political system:

1. Michelle Belco & Brandon Rottinghaus, The Dual Executive: Unilateral Orders in a Separated and Shared Power System (Stanford Univ. Press 2017).

2. Richard A. Posner, The Federal Judiciary: Strengths and Weaknesses (Harvard Univ. Press 2017).

3. Martin H. Redish, Judicial Independence and the American Constitution: A Democratic Paradox (Stanford Univ. Press 2017).

Mediator Burnout, Lydia Nussbaum

Scholarly Works

Being a mediator is hard work Mediators must make meaningful connections with individuals without over-stepping bounds of impartiality, manage emotions without becoming emotionally invested, and empower decision-making without undermining self-determination. Decades of research into occupational stress, also known as "burnout," indicates that mediators not only are susceptible to burnout, but also that the symptoms of burnout undermine fundamental principles of quality mediation. For example, a burned-out mediator may exhibit narrow and uncreative thinking, diminished capacity to regulate emotions, compromised decision-making, and deficits in attention and memory.

The prospect of mediator burnout not only threatens the quality of mediation, but it …

State Benchmark Plan Coverage Of Opioid Use Disorder Treatments And Services: Trends And Limitations, Stacey A. Tovino

Scholarly Works

Professor Tovino offers a survey of state benchmark plan coverage of opioid use disorder treatments and services, and identifies trends and limitations relevant thereto. Part II of the article provides background information regarding opioid use disorder and the treatments and services available for individuals with this disorder. Part III reviews federal mental health parity law and federal mandatory mental health and substance use disorder law as applied to insurance coverage of treatments and services for opioid use disorder, with a focus on the Affordable Care Act's (ACA's) state benchmark health plan selection requirement and the effect on that requirement of …

Fraud, Abuse, And Opioids, Stacey A. Tovino

Scholarly Works

This Article analyzes recent government enforcement actions involving two health care fraud and abuse authorities, including the federal Anti- Kickback Statute and the federal civil False Claims Act, in cases involving opioids.

Part II of this Article examines recent government enforcement actions involving the federal Anti-Kickback Statute, which prohibits (among other conduct) the exchange of remuneration for opioid prescriptions, patient referrals for drug testing services, and patient referrals for addiction treatment services if such prescriptions or services are reimbursed in whole or in part by a federal health care program.

Part III of this Article examines recent government enforcement actions …

The Territorial Discrepancy Between Intellectual Property Rights Infringement Claims And Remedies, Marketa Trimble

Scholarly Works

When in Equustek v. Google a Canadian court ordered that Google de-list the pages of a defendant that infringed intellectual property (“IP”) rights under Canadian law, some commentators were surprised not only by the Canadian court’s assertion of personal jurisdiction over Google (a U.S. third party who was not a party to the original Canadian IP rights infringement litigation), but also by the court’s issuance of a remedy with global effects. However, global and other extraterritorial remedies are not unknown in IP rights infringement cases: U.S. courts have granted extraterritorial remedies in a number of such cases. This Article reviews …

Copyright And Geoblocking: The Consequences Of Eliminating Geoblocking, Marketa Trimble

Scholarly Works

Geoblocking has become a common companion of copyrighted content on the internet; even streaming services can make streamed copyrighted content available or unavailable according to the location of their users. There are various reasons for geographical restrictions on access to content; copyright issues are not the only reasons, but territorial limitations associated with copyright are significant – and sometimes the primary – reasons for implementing geoblocking. This article reviews the current relationship between copyright and geoblocking, particularly the role attributed to geoblocking in copyright law and law of personal jurisdiction in the United States and the European Union; it considers …

Enforcement Of Intellectual Property Rights At Trade Shows: A Review And Recommendations, Marketa Trimble

Scholarly Works

Trade shows (also referred to as trade fairs or exhibitions) are venues for the exchange of information about the newest intellectual property ("IP") and can also be venues where disputes over IP rights arise or escalate. When trade shows become arenas for such disputes, IP right owners seek means to stop infringements of their IP rights on site-at the trade show and with immediate effect. This article reviews from a comparative perspective the options that IP right owners have for immediate relief at trade shows. After considering the limitations that current law imposes on temporary restraining orders in the United …

Made In Taiwan: Alternative Global Models For Marriage Equality, Stewart Chang

Scholarly Works

This Article comparatively analyzes the judicial decisions that led to same-sex marriage equality in Taiwan, South Africa, and the United States. After first evaluating the structural mechanisms that led Taiwan to become the first Asian nation to legalize same-sex marriage through Interpretation No. 748 of the Taiwan Constitutional Court, this Article then draws comparisons to how marriage equality was similarly affected through a delayed imposition of the court order in South Africa to allow the legislature an opportunity to rectify the law in Minister of Home Affairs v. Fourie, and finally considers how these approaches provide equally viable and more …

Broken Bodies And Broken Dreams: How Social Safety Net Programs Subsidize Professional Boxing And The Need To Improve Legal And Health Protections For Prizefighters, Robert I. Correales

Scholarly Works

This article explores the lack of basic health and insurance protections for professional boxing participants and proposes changes in policy that will reflect the dangerous nature of professional boxing and the modem cost of medical services. Recognizing that a legislative remedy may never arrive, this article also examines previously unexplored or underutilized legal doctrines such as tort and workers' compensation law that may provide an alternative to inadequate insurance protection, and suggests a more aggressive approach along those lines to compel fuller protection for prizefighters.

The Masculinity Mandate: #Metoo, Brett Kavanaugh, And Christine Blasey Ford, Ann C. Mcginley

Scholarly Works

In fall 2019, the Senate Judiciary Committee held hearings involving Dr. Christine Blasey Ford's testimony about then-Judge Brett Kavanaugh's alleged behavior at a high school party gone awry.

This essay uses identity performance and multidimensional masculinities theories to analyze the hearings, specifically to consider the gender, race, and class performances of the participants, and how partisans and non-partisans interpreted those performances. This examination demonstrates that the judgment concerning masculinity and femininity performances and their appropriateness is, to a certain extent, in the eye of the beholder. By the same token, public interpretations are not arbitrary. Rather, at least in this …

Going Rogue: Mobile Research Applications And The Right To Privacy, Stacey A. Tovino

Scholarly Works

This Article investigates whether nonsectoral state laws may serve as a viable source of privacy and security standards for mobile health research participants and other health data subjects until new federal laws are created or enforced. In particular, this Article (1) catalogues and analyzes the nonsectoral data privacy, security, and breach notification statutes of all fifty states and the District of Columbia; (2) applies these statutes to mobile-app-mediated health research conducted by independent scientists, citizen scientists, and patient researchers; and (3) proposes substantive amendments to state law that could help protect the privacy and security of all health data subjects, …

Substance Use Disorder Insurance Benefits: A Survey Of State Benchmark Plans, Stacey A. Tovino

Scholarly Works

Professor Tovino presents the results of a survey of state benchmark health plan coverage of substance use disorder treatments and services, including treatments and services for opioid use disorder.

Protecting Auto Accident Victims From The Um/Uim Insurer Identity Crisis, Jeffrey W. Stempel, Erik S. Knutsen

Scholarly Works

Automobile liability insurance is mandatory for drivers in all states, so as to provide for an available source of compensation for auto accident victims. Yet more than 20% of drivers in some states drive without valid, collectible automobile liability insurance. Another vast proportion of drivers have woefully inadequate financial limits of liability insurance that could not pay for even a modest percentage of a typical accident victim's compensatory needs. An auto accident victim cannot choose which tortfeasor driver injures her in a collision. Without the at-fault tortfeasor driver's liability insurance to act as a source of full compensation for her …

Global Carceral Feminism And Domestic Violence: What The West Can Learn From Reconciliation In Uganda, Aparna Polavarapu

Scholarly Works

Around the world, policies and laws emphasizing criminal justice have dominated domestic violence interventions for decades. In the United States, certain feminist advocates worked with state actors to develop a primarily criminal justice response to domestic violence. Western influence in the international human rights movement has spread this approach around the world, leading it to become the key means of addressing violence against women. However, critics argue that the overreliance on the criminal justice system is a key failure of the anti-domestic-violence movement, with some referring to the strain of feminism promoting prosecution as "carceral feminism. " The carceral approach …