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Quarterly Report - 2nd Quarter, October - December 2023, Etsu Foundation, East Tennessee State University

ETSU Foundation Quarterly Reports

No abstract provided.

Is A Ban On Non-Competes Supported By Empirical Evidence?, Sarah Oh Lam, Thomas Lenard, Scott Wallsten

Fordham Journal of Corporate & Financial Law

The U.S. Federal Trade Commission (FTC) has proposed a rule to declare virtually all non-compete agreements unfair methods of competition under Section 5 of the FTC Act and therefore, illegal. However, the empirical literature on non-compete agreements cited by the FTC in its Notice for Proposed Rulemaking (“NPRM”) shows mixed results on earnings, job creation, firm formation, entrepreneurship, training, investment, and firm value. Evidence in other current studies also does not support an economy-wide ban. The FTC concludes that the proposed rule would yield net benefits even though by its own admission it lacks the information necessary to conduct a …

Outsourcing Voting To Ai: Can Chatgpt Advise Index Funds On Proxy Voting Decisions?, Chen Wang

Fordham Journal of Corporate & Financial Law

Released in November 2022, Chat Generative Pre-training Transformer (“ChatGPT”), has risen rapidly to prominence, and its versatile capabilities have already been shown in a variety of fields. Due to ChatGPT’s advanced features, such as extensive pre-training on diverse data, strong generalization ability, fine-tuning capabilities, and improved reasoning, the use of AI in the legal industry could experience a significant transformation. Since small passive funds with low-cost business models generally lack the financial resources to make informed proxy voting decisions that align with their shareholders’ interests, this Article considers the use of ChatGPT to assist small investment funds, particularly small passive …

The Public’S Companies, Andrew K. Jennings

Fordham Journal of Corporate & Financial Law

This Essay uses a series of survey studies to consider how public understandings of public and private companies map into urgent debates over the role of the corporation in American society. Does a social-media company, for example, owe it to its users to follow the free-speech principles embodied in the First Amendment? May corporate managers pursue environmental, social, and governance (“ESG”) policies that could reduce short-term or long-term profits? How should companies respond to political pushback against their approaches to free expression or ESG?

The studies’ results are consistent with understandings that both public and private companies have greater public …

Expanding Mfw: Delaware Law Should Offer A Business Judgment Rule Safe Harbor For All Conflicted Controller Transactions, Alex Lindsey

Fordham Journal of Corporate & Financial Law

While courts usually defer to a board’s business decisions under the business judgment rule, courts will apply a much less deferential standard of review due to loyalty concerns if a conflicted controller is involved in a business decision such as a merger. However, in Kahn v. M & F Worldwide (“MFW”) when a squeeze out merger was challenged by a minority stockholder, the Delaware Supreme Court reviewed the transaction under the deferential business judgment rule standard because the Court found that the structure of the transaction neutralized the controller loyalty concerns. Building on this reasoning, the Court developed a checklist …

The Solemnity Of The Mother Of God, Bridget Retzloff

Marian Library Blog Archive

Begin 2024 with love and appreciation for Mary, the mother of Jesus.

The Solemnity Of The Mother Of God, Bridget Retzloff

Marian Library Blog Archive

Begin 2024 with love and appreciation for Mary, the mother of Jesus.

Indigenous Engagement With The Alexander Archipelago Wolf: Cultural Context And Traditional Ecological Knowledge, Stephen J. Langdon, Jeffrey J. Brooks, Tim Ackerman, Devlin Shaag̱ Anderstrom, Eldon C. Atkinson, Michael Gitwaayne Douville, Thomas Allen George, Stanley Yeilwú Hotch, Michael Kauish Jackson, Nathan Jackson, Richard Jackson, Scott Gus’Tú Jackson, John Kéet Katzeek, Thomas Mills, Judith Dax̱Ootsú Ramso, Jon Rowan, Tony Sanderson, Chuck Smythe, Sidney C. Edenshaw

Faculty, Staff, and Students

The U.S. Fish and Wildlife Service in Alaska conducted a Species Status Assessment in response to a petition to list the Alexander Archipelago wolf under the Endangered Species Act. This federal undertaking could not be adequately prepared without including the voices of the Indigenous People who have a deep connection with the subspecies. The Indigenous knowledge presented in this report is the cultural and intellectual property of those who have shared it. The purpose of the report is to communicate the knowledge shared with us to the U.S. Fish and Wildlife Service to help inform the Species Status Assessment and …

The Problem With The “Non-Class” Class: An Urgent Call For Improved Gatekeepers In Merger Objection Litigation, Josh Molder

Fordham Journal of Corporate & Financial Law

Until recently, class actions dominated merger objection litigation. However, plaintiff’s lawyers have constructed a “non-class” class where an individual suit can benefit from the leverage of a certified class without ever meeting the stringent class certification requirements of Federal Rules of Civil Procedure 23. This new development has initiated a shift in merger objection litigation where plaintiffs are increasingly filing individual suits instead of class actions. However, this shift has left shareholders vulnerable to collusive settlements because plaintiff’s attorneys have significant control over these suits and a strong incentive to settle quickly for a substantial fee. Additionally, corporate defendants are …

Loophole Entrepreneurship, Brian M. Sirman

Fordham Journal of Corporate & Financial Law

All entrepreneurs seek favorable legal or regulatory treatment for their businesses. Sometimes this leads an entrepreneur to build a business within a gap in the law—a loophole. In so doing, these “loophole entrepreneurs” may avoid steep regulatory compliance costs that otherwise would beset (or perhaps prohibit) their businesses, thereby gaining advantages over competitors. Despite these benefits, loophole entrepreneurship is fraught with risks. Loopholes, by nature, are fragile, and their contours are often uncertain. Moreover, the stigma of “exploiting a loophole” (which connotes unfairness or deception) can provoke ill will among competitors, policymakers, and the public.

The ranks of loophole entrepreneurs …

Divined Comity: Assessing The Vitamin C Antitrust Litigation And Updating The Second Circuit’S Prescriptive Comity Framework, William Weingarten

Fordham Journal of Corporate & Financial Law

In re Vitamin C Antitrust Litigation, recently decided by the Second Circuit, sets a grave precedent for American plaintiffs seeking redress for antitrust injuries wrought by foreign defendants. The case involved a group of Chinese manufacturers and exporters of vitamin C, who conspired to fix prices and restrict output in the export market, injuring American consumers in import commerce. The foreign manufacturers conceded that they had colluded in fixing prices and restricting output, in flagrant violation of U.S. antitrust law. And yet, with the assistance of the Chinese government—intervening as amicus curiae—the defendants were successfully able to argue, on appeal …

Peran Telemarketing Dalam Kegiatan Promosi Pada Perusahaan Logistik, Radityo Kusumo Santoso

Jurnal Administrasi Bisnis Terapan

In conducting marketing activities, there are many methods that can be used to gather potential customers. One of the marketing methods still used today is telemarketing. Telemarketing is chosen because it offers a good personal approach, and not only in promotion, the personal approach of telemarketing can help build relationships with existing consumers and support operational activities. PT Selaras Logistik Indonesia is a company engaged in logistics distribution, where its potential customers are focused on certain criteria, and this company still uses telemarketing in its marketing activities. The results of the research show that telemarketing plays a role as part …

Physiological Mechanisms That Impact Exercise Adaptations For Individuals With Down Syndrome, Emily M. Post, William J. Kraemer

Research outputs 2022 to 2026

Down syndrome (DS) is the most common chromosomal disorder diagnosed in the United States since 2014. There is a wide range of intellectual severities, with the average IQ of individuals with DS at approximately 50 and adults without intellectual delay at approximately 70-130. Individuals with DS vary from mild to severe cognitive impairment, depending on the phenotypic penetration on the 21st chromosome, with the average cognitive capacity equivalent to a cognitive functioning of an 8- to 9-year-old child. To have successful health, all aspects of health must be considered (i.e., overall health, fitness, and social). Both aerobic training and resistance …

Spatial Analysis Of The Distribution Of Covid-19 Vulnerable Groups To Covid-19 Cases In Brebes Regency, Fatimatuzzahro Fatimatuzzahro, Rara Warih Gayatri

Preventia: The Indonesian Journal of Public Health

The number of COVID-19 cases in Brebes Regency within a year is still quite high. The elderly, Hypertension and Diabetes Mellitus are the most important COVID-19 vulnerable groups and have the highest risk of death. The purpose of this study is to determine the distribution of COVID-19 vulnerable groups and their spatial relationship to COVID-19 cases in Brebes Regency. This study used a correlation or ecology study design. The data used is secondary data obtained from the Brebes Regency Health Office, namely the number of COVID-19 cases, the number of elderly, people with hypertension and diabetes mellitus in 2021. The …

Rekonstruksi Pengawasan Dpr Ri Dalam Pembentukan Peraturan Perundang-Undangan Melalui Kerangka Demokrasi Konstitusional, Artha Debora Silalahi

Jurnal Konstitusi & Demokrasi

The process of forming laws and regulations often ignores the rights of citizens, especially the citizen participation rights, the supervision of the House of Representatives and the involvement of citizens. Many problems still unable to accommodate the aspirations of the community, minimize the civil space and only limited to the elite, resulting in discrepancies and ambiguity of implementing the regulations are not simultaneous. Through this paper, using the juridical-normative method with a conceptual approach wants to review the kinds of the reconstruction of the House of Representatives supervision through the bargaining position process as a political aspiration line and citizen …

Peran Dan Implementasi Dpr Sebagai Bentuk Checks And Balances Terhadap Kebijakan Kepala Otorita Ikn, Mohammad Rifqi Aziz

Jurnal Konstitusi & Demokrasi

The 1945 Indonesian Constitution details that regional governments are organized into Provinces, Districts, and Cities, each led by directly elected Governors, Regents, and Mayors. These regions also have a Regional People’s Representative Council (DPRD) to represent citizens and help create local laws with the regional heads. However, in 2022, Indonesia planned to move its capital, introducing a unique regional government setup not outlined in the Constitution. Under Law No. 3 of 2022, the new capital, called Nusantara, will have a special government run by an Authority Body at the ministerial level, headed by a President-appointed leader, not elected by the …

Analisis Pengaturan Ambang Batas Pencalonan Presiden Menurut Putusan Mahkamah Konstitusi Tahun 2022-2023, Mochamad Rizky Soeoed

Jurnal Konstitusi & Demokrasi

The constitutional amendments that took place from 1999 to 2022 emphasized that Indonesia adheres to a presidential system of government. One way that is often discussed to increase the effectiveness of the presidential government system is to hold elections simultaneously by implementing the presidential nomination threshold which is now regulated in article 222 of Law Number 7 of 2017 concerning Elections which provides conditions for political parties to obtain a minimum of 20 percent of DPR seats. or 25 percent of valid national votes to be able to nominate candidates for President and Vice President. In practice, this provision always …

Model Pembuktian Dalam Putusan Kabul Mahkamah Konstitusi: Studi Kasus Sengketa Pemilu Legislatif No. 86-03 26/Phpu.Dpr.Dprd/Xvii/2019, Jingga Dian Eka Rindra Sari, Rizal Maula

Jurnal Konstitusi & Demokrasi

This study aims to analyze the evidentiary model and legal implications of the Constitutional Court Decision Number 86-03-26/PHPU.DPR.DPRD/XVII/2019 related to the Legislative General Election dispute. Using the normative juridical method, this research examines the Court's reasoning in deciding the case and the legal consequences of the decision. This research also pays attention to the conformity between documents and testimonies of witnesses and experts submitted in the trial, as well as the integrity of voter data. The Constitutional Court encouraged the KPU to ensure the accuracy and validity of voter data to reduce potential disputes in the future. The verdicts affecting …

Konstitusionalitas Proses Pemilihan Kepala Otorita Ibu Kota Nusantara Berdasarkan Undang-Undang Nomor 3 Tahun 2022 Tengan Ibu Kota Negara, Riskayati Subandi

Jurnal Konstitusi & Demokrasi

The establishment of the Government of the Special Territory of the Capital of Nusantara (Special Regional Government of IKN) as the location of the new capital of Indonesia has raised controversy, especially as regards its position as the special regional government held by the Nusantara Capital Authority Institution (IKN Authority), as well as the differences in the process for selecting government heads. The research was conducted using a normative jurisprudence method that focuses on the analysis of secondary data to determine the constitutionality of regulations relating to the position and process of election of the head of government in the …

A Rare Occurrence Of Ectopic Parathyroid Carcinoma Presenting As A Case Of Recurrent Fractures, Saad Bin Zafar Mahmood, Aisha Jamal, Zain Mushtaq, Qamar Masood

Section of Internal Medicine

Ectopic parathyroid tumors are uncommon, accounting for only 6% of parathyroid adenomas, and even fewer cases are attributed to parathyroid carcinomas. While ectopic parathyroid carcinoma in the anterior mediastinum is a rare condition, the occurrence of recurrent skeletal fractures in the presence of mild hypercalcemia is even rarer. In this report, we present the case of a 52-year-old man with a medical history of hypertension, chronic kidney disease, and a previous right-sided intertrochanteric fracture of the femur one year earlier. He presented to the emergency room with left-sided hip pain and shortness of breath due to volume overload. Laboratory tests …

Relative Comparison Of Modern Computing To Computer Technology Of Ages, Iwasan D. Kejawa Dr., Hailly Rubio Ms.

School of Computing: Faculty Publications

Abstract

Abstract

Are there differences and similarities between the computer technology of today and yesterdays. Research had shown that there had been tremendous improvements from the computers of ages (traditional Computers) as we enter the 21st century. Both the physicality and the functionalities of computers have changed but some remain the same. The memory capacity and functions have changed, but all are still based on the old concepts of yesteryears.

Bivariate Spatial Pattern Based On The Characteristics Of Women Smokers In Indonesia, Diana Rohmandani Putri, Rudi Safarudin, Ammad Khokar, Konain Tayab, Muhammad Taaha Kashif, Erni Astutik

Preventia: The Indonesian Journal of Public Health

The increasing prevalence of smoking among women globally has become a critical public health issue. World Health Organization (WHO) data shows 20 percent of women use tobacco. Women smokers face an increased risk of various diseases. Spatial studies need to be conducted as a basis for planning and providing targeted interventions to reduce the spread of diseases caused by smoking. The study aimed to determine the spatial description of smoking among women in Indonesia. This study analyzed the 2017 IDHS data and used an ecological study design with a descriptive approach and a spatial analysis model. The results are Papua …

Interest Of Public Health Science Students Of State University Of Malang To Work In Remote Areas, Borders, And Islands, Sapto Adi, Dian Mawarni, Dita Ratna Fauzia

Preventia: The Indonesian Journal of Public Health

The health workforce distribution in Indonesia still needs to be balanced, especially in border areas and islands (DTPK), with no exception for public healthcare workers. This study aimed to determine the interest of public health science students in working in remote areas and the factors associated with the interest of public health science students to work in remote areas. This study design was cross-sectional, and a total sampling method was used. The subjects were final-year students majoring in Public Health Science at the State University of Malang. The dependent variable was the interest of public health science students to work …

Systematic Review Of The Relationship Between Hygiene Practice And The Incidence Of Ascaris Lumbricoides Infection In Southeast Asian Children, Anastasia Rouli Alodia, Ririn Arminsih Wulandari

Preventia: The Indonesian Journal of Public Health

Soil-Transmitted Helminth (STH) infection is one of the Neglected Tropical Diseases (NTDs) that affects around 1.5 billion people worldwide, including regions like Southeast Asia. The most common species infecting humans is Ascaris lumbricoides. Preschool-age and school-age children are particularly vulnerable to STH infection due to their living environments in areas where STH is prevalent. Infection of STH, especially Ascaris lumbricoides, can hinder physical and cognitive development and, in severe cases, cause obstruction of the small intestine. Various factors, such as hygiene practices, can influence the transmission of Ascaris lumbricoides infection in children. This study aims to explore the association between …

The Investigation Of The Antimicrobial And Biofilm-Disrupting Properties Of Synthesized Hemibastadin Derivatives, Antonio Harvey, Andrew A. Yeagley

Longwood Senior Thesis Proposal

We want to investigate structural changes to the core hemibastadin structure while attempting to make these derivatives biologically safer. Since these modifications have never been done before, we will need to design a synthesis of these new molecules. Due to the nature of the molecules (dimers), a divergent synthesis that allows for the creation of both halves simultaneously seems most appropriate. A successful synthesis of these compounds will allow us to further investigate these derivatives for their antimicrobial and biofilm-disrupting properties.

The Concept Of Legal Subject Competence In The Authority To Act On Marriage Law In Indonesia, Imelda Martinelli, F.X. Joko Priyono, Yunanto Yunanto

Indonesia Law Review

This article focuses on discussing legal politics related to one important issue which is very basic, namely regarding the criteria for the ability to act of a human being as a legal subject within the scope of civil law, especially marriage law regarding the minimum age limit for entering into a marriage, who come from backgrounds with different interests and ideologies, make this an issue that can be highlighted. So the problem in this paper becomes whether there is a concept regarding the legal subject's competence in the authority to act on marriage law in Indonesia that accommodates the law …

Guardians Of Innocence: Enhancing Legal Safeguards For Child Victims Of Sexual Violence In Indonesia, Aziz Andriansyah, Retno Saraswati, Irma Cahyaningtyas

Indonesia Law Review

Sexual violence against children is a crime that is quite disturbing and needs to get attention in society. The implementation of child protection must meet the requirements, among others, by implementing the development of truth, justice and child welfare. Based on the provisions in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. The basic rights of children who need adequate protection include the right to live, the right to develop, the right to protection, the right to participate and the right to education. Efforts to prevent sexual abuse in children can also …

Reassessing Restorative Justice: Addressing Sexual Violence Cases In Indonesi, Ribut Hari Wibowo, Ahmad Busro, Ani Purwanti

Indonesia Law Review

This study examines”Restorative”Justice in the settlement of sexual violence crimes. The research method used in this study is normative juridical, using a statute approach. The aim of this research is to determine the effectiveness of Restorative Justice in resolving the problems of cases of sexual violence that have occurred in Indonesia. The results of this study include that Restorative Justice is not effectively applied to cases of sexual violence because it cannot fulfill”the principles of respect for human”dignity, nondiscrimination, the best interests of the victim, justice, benefit and legal certainty for the victim as stipulated in the Law, Constitution Number …

Examining The Implementation Of Insurance Law And Policies: A Study Of Natural Disaster Risks, Policyholders, And Insurance Companies In Indonesia, Dotto Koyage Philipo, Daniel Lubowa

Indonesia Law Review

This study aims to investigate the implementation of insurance laws and policies in Indonesia in the context of natural disaster risks. The study will analyse the effectiveness of existing insurance regulations and their practical implications through a comprehensive analysis of relevant literature, legal frameworks, and empirical data. The study will employ a mixed-methods approach, combining qualitative data with policyholders and insurance professionals, as well as quantitative data analysis from insurance industry reports. The findings will contribute to a better understanding of the strengths and weaknesses of the current insurance framework, shedding light on potential areas for improvement. This study seeks …

Analyzing Physics Students’ Misconceptions About Simple Electrical Circuits, Sapta Adiguna, Shinta Dewi Susanti, Sentot Kusairi, Iwan Setiawan

Jurnal Pendidikan Sains

This study investigates the prevalence and types of misconceptions among first-year Physics Education students regarding simple electrical circuits using the Simple Electric Circuits Diagnostic Test (SECDT). Employing a quantitative descriptive approach, the research analyzes responses from a sample of 42 students, selected through convenience sampling. The SECDT, a three-tier diagnostic instrument with a reliability of 0.69, identifies student misconceptions by categorizing responses into scientific knowledge, misconceptions, no understanding, and lack of knowledge. The results indicate significant gender differences in the types and prevalence of misconceptions. Male students exhibited a higher percentage of misconceptions (77.5%) compared to female students (62.8%). Notably, …