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2024

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Section 230 Reform, Liberalism, And Their Discontents, Mateusz Blaszczyk Jan 2024

Section 230 Reform, Liberalism, And Their Discontents, Mateusz Blaszczyk

Scholarly Works

The Section 230 debate is a proxy for reevaluating constitutional fundamentals. The modern right and the modern left, both attacking Section 230, have abandoned liberalism, together with free speech, public private divide, and the politics of neutrality. Instead of believing in First Amendment value pluralism, each side of the spectrum wishes to realize their own positive normative vision for the political community which, today, is largely defined in the realm of digital culture. Each side recognizes the political other as an enemy to their own utopia, wishing to control, censor, or simply become sovereign thereover. These existential politics of the …

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Trustless Trust And Antitrust: A Synthesis, Mateusz Blaszczyk Jan 2024

Trustless Trust And Antitrust: A Synthesis, Mateusz Blaszczyk

Scholarly Works

Authors have written of antitrust law’s demise in the face of blockchain, which, seemingly, achieves the pro-competitive ends of the law through technology and private ordering. Permissionless blockchains in particular are said to offer a vision of radical disintermediation and a break with the platform economy troubling the regulators today. At the same time, blockchain supposedly presents challenges to antitrust doctrine, from the most basic of concepts to the viability of enforcement and remedies. Finally, blockchain community governance is said to allow for private ordering of antitrust, i.e., enforcement of rules attempting to protect competition, which are at the same …

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Taxing Dirty Luxuries, Victoria J. Haneman Jan 2024

Taxing Dirty Luxuries, Victoria J. Haneman

Scholarly Works

Dirty luxuries are items that are pleasant or nice to have, not necessities, that absolutely bludgeon the environment. From the merely affluent to the ultra-rich, consumers enjoying dirty luxuries, such as luxury clothing, private jets, superyachts, SUVs, and vacation cruises, drive one of the most polluting types of consumption on the planet. This Article explores the climate costs of dirty luxuries, considers the current and proposed international efforts to address the climate impact of these luxuries, and proposes structures by which these luxuries may be taxed to either reduce consumption or compensate for negative externalities.

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Indian Country Lawyers: A South Dakota Survey, Bryce Drapeaux, Hannah Haksgaard Jan 2024

Indian Country Lawyers: A South Dakota Survey, Bryce Drapeaux, Hannah Haksgaard

South Dakota Law Review

No abstract provided.

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The Other Half: Challenges Of The Part-Time Rural Prosecutor, Margaret Raymond Jan 2024

The Other Half: Challenges Of The Part-Time Rural Prosecutor, Margaret Raymond

South Dakota Law Review

No abstract provided.

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Panik V. Tmm, Inc., 139 Nev. Adv. Op. 53 (Nov. 30, 2023), Evan Callahan Jan 2024

Panik V. Tmm, Inc., 139 Nev. Adv. Op. 53 (Nov. 30, 2023), Evan Callahan

Nevada Supreme Court Summaries

Anti-SLAPP statutes in Nevada follow a two-pronged analysis. The first prong asks whether the moving party has established, by a preponderance of the evidence, that the claims are based upon a good faith communication in furtherance of the right to free speech in direct connection with an issue of public concern. Similarly, the defendant must establish that the communication is truthful or was made without knowledge of its falsehood. The second prong asks whether the plaintiff has demonstrated with prima facie evidence a probability of prevailing on its claims. Anti-SLAPP statutes are not limited to specific kinds of claims for …

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Mccord V. State, 139 Nev. Adv. Op. (Dec. 28, 2023), Evan Sommer Jan 2024

Mccord V. State, 139 Nev. Adv. Op. (Dec. 28, 2023), Evan Sommer

Nevada Supreme Court Summaries

In the case of McCord vs. State, the Nevada Supreme Court clarified the interpretation of NRS 482.275(4) regarding license plates.2 The court ruled that a license plate frame partially covering the plate does not constitute “foreign material” making the plate illegible. Furthermore, it established that such a circumstance does not provide probable cause for a traffic stop. This decision addressed the issue of what constitutes a violation of the license plate visibility law, directly impacting the legitimacy of the traffic stop done by the Washoe County Sheriff’s Office on Mr. McCord and the subsequent evidence obtained, leading to the reversal …

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Conflicts Of Law And The Abortion War Between The States, Paul S. Berman, Roey Goldstein, Sophie Leff Jan 2024

Conflicts Of Law And The Abortion War Between The States, Paul S. Berman, Roey Goldstein, Sophie Leff

GW Law Faculty Publications & Other Works

On the subject of abortion, the so-called “United” States of America are becoming more disunited than ever. The U.S. Supreme Court’s precipitous decision in Dobbs v. Jackson Women’s Health Organization overturned the nationwide framework for abortion rights that had uneasily governed the country for fifty years. In the immediate aftermath of that decision, it is becoming increasingly clear that states governed by Republicans and those governed by Democrats are moving quickly and decisively in opposite directions. Since the U.S. Supreme Court agreed to hear the Dobbs case, at least twenty-four states have enacted statutes or state constitutional provisions restricting abortion …

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State V. Morillo, 285 A.3d 995 (R.I. 2022)., Ryan J. Becker Jan 2024

State V. Morillo, 285 A.3d 995 (R.I. 2022)., Ryan J. Becker

Roger Williams University Law Review

No abstract provided.

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Representing Trauma: Empathy, Sexual Violence, And Secondary Trauma In Courtrooms And Classrooms, Dr. Laura Mattoon D’Amore Jan 2024

Representing Trauma: Empathy, Sexual Violence, And Secondary Trauma In Courtrooms And Classrooms, Dr. Laura Mattoon D’Amore

Roger Williams University Law Review

No abstract provided.

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Traditional Notions Of Fair Play And Substantial Justice?: The Interplay Between Remote Work, State Regulations, And Personal Jurisdiction, Kathryn M. Couture Jan 2024

Traditional Notions Of Fair Play And Substantial Justice?: The Interplay Between Remote Work, State Regulations, And Personal Jurisdiction, Kathryn M. Couture

Roger Williams University Law Review

No abstract provided.

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Finops-Driven Cloud Optimization Models For Enterprise Applications, Manikantha Varaprasad Inakollu Jan 2024

Finops-Driven Cloud Optimization Models For Enterprise Applications, Manikantha Varaprasad Inakollu

Computer Science and Engineering Faculty Publications

Cloud computing has revolutionized enterprise IT infrastructure, yet escalating costs and resource inefficiencies threaten to undermine these benefits. This research examines FinOps-driven optimization models that enable organizations to balance cloud performance, cost efficiency, and business value. The study addresses the critical challenge enterprises face in managing cloud expenditures while maintaining operational excellence. Through comprehensive analysis of FinOps principles and practical optimization frameworks, we develop models that integrate financial accountability, technical efficiency, and business alignment. Our research demonstrates that organizations implementing structured FinOps practices achieve 25-40% cost reductions without compromising application performance. The study contributes both theoretical frameworks for understanding cloud …

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Enhancing Erp Auditability And Compliance Using Permissioned Blockchain, A Framework For Transparent And Immutable Enterprise Resource Planning Systems., Manikantha Varaprasad Inakollu Jan 2024

Enhancing Erp Auditability And Compliance Using Permissioned Blockchain, A Framework For Transparent And Immutable Enterprise Resource Planning Systems., Manikantha Varaprasad Inakollu

Computer Science and Engineering Faculty Publications

Enterprise Resource Planning systems serve as the backbone of modern organizational operations, yet their centralized architecture creates significant challenges for auditability and regulatory compliance. This research proposes a permissioned blockchain framework to enhance ERP auditability by creating immutable, transparent, and traceable records of all system transactions and modifications. The study addresses critical gaps in current ERP systems where transaction histories can be altered, audit trails prove insufficient, and compliance verification remains cumbersome. Through examination of existing ERP limitations and blockchain capabilities, we develop an integrated architecture that maintains operational efficiency while providing cryptographic assurance of data integrity. Our framework employs …

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Ml-Based User Identification Through Mouse Dynamics, Rakshit Gupta Jan 2024

Ml-Based User Identification Through Mouse Dynamics, Rakshit Gupta

Master's Projects

User authentication and identification plays a crucial role in ensuring the security and integrity of digital systems. Traditional authentication methods, such as passwords and biometrics, have inherent limitations that can compromise system security. This research proposes a novel approach to user authentication by leveraging machine learning techniques and behavioral biometrics, specifically mouse dynamics. The primary objective is to develop a sophisticated framework that can accurately identify individuals based on their unique mouse behavior patterns. The study explores and compares multiple deep learning architectures, including Convolutional Neural Networks (CNN), Long Short-Term Memory networks (LSTM), and Transformer models, to generate embeddings from …

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Analysis And Application Of Adaptive Ml Algorithms For Malware Classification, Rashmi Boddukuri Jan 2024

Analysis And Application Of Adaptive Ml Algorithms For Malware Classification, Rashmi Boddukuri

Master's Projects

Malware classification is the process of distinguishing malware samples into categories of malware families that it is associated with and remains a critical step in the process of mitigating malware-related threats. In recent years, machine learning techniques have emerged as a powerful tool for such malware classification tasks. In this study, we explore the application of adaptive machine learning models to malware classification in order to analyze and determine how they compare in performance to similar but non-adaptive algorithms. The results achieved in this study share insight into the strengths and limitations of adaptive learning models when applied towards malware …

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Adaptive Metric-Driven Load Balancing For Specialized Clusters Using Nginx, Juhi Raju Malkani Jan 2024

Adaptive Metric-Driven Load Balancing For Specialized Clusters Using Nginx, Juhi Raju Malkani

Master's Projects

Adaptive Metric-Driven Load Balancer is an innovative two-tier load-balancing system that uses NGINX and Prometheus to optimize resource allocation in specialized cloud clusters. This framework is built to give great performance and flexibility and runs on Google Kubernetes Engine (GKE), but it may also be deployed on local cloud environments for added security. The first tier of our system uses an NGINX-based load balancer to route incoming requests based on content type, sending traffic to hardware-optimized clusters for processing requests through specialized hardware. In our algorithm, the second tier dynamically modifies load distribution throughout each cluster by calculating pod weights …

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Embracing Mindfulness-Based Professional Development In Early Childhood Education, Drew Giles Jan 2024

Embracing Mindfulness-Based Professional Development In Early Childhood Education, Drew Giles

Dissertations

There is a growing need for school districts to identify additional strategies to support the work-related stress and emotional labor ingrained in an early educator’s career. By orienting early childhood education (ECE) staff to mindfulness practices, education leaders may identify new approaches to assist early childhood educators’ well-being, building healthy work atmospheres, and activities to shift the culture in early childhood settings. This study employs a qualitative exploratory research design, specifically video documentary methodology to better understand how early childhood educators experience a mindfulness-based professional development (MBPD) program designed for ECE staff, explore what they say education leaders should know …

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Effect Of A Brief Coping Intervention On Activity Of Target Organs Of The Sympathetic And Parasympathetic Nervous Systems During Stress, Kyle P. Rawn Jan 2024

Effect Of A Brief Coping Intervention On Activity Of Target Organs Of The Sympathetic And Parasympathetic Nervous Systems During Stress, Kyle P. Rawn

Theses and Dissertations--Psychology

Stress is a critical aspect of the human experience and how an individual responds to stress can shape future outcomes, such as physical and mental health, as well as shape the patterns of stress responding that persist throughout one’s lifespan. Coping is a central element of stress responding and can strongly influence the outcome of the stress process. Successful coping can alleviate stress, but ineffective coping may lead to less-than-optimal responding. For example, aspects of the biological stress response, such as activity of target organs for the sympathetic and parasympathetic nervous systems, have important implications for future susceptibility to health …

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Hormonal Effects On Adhd Symptoms In Adolescents Across The Menstrual Cycle, Ashley G. Eng Jan 2024

Hormonal Effects On Adhd Symptoms In Adolescents Across The Menstrual Cycle, Ashley G. Eng

Theses and Dissertations--Psychology

Background: Females with attention-deficit/hyperactivity disorder (ADHD) become particularly impaired during adolescence, experiencing increased rates of depression and anxiety, as well as important public and personal health outcomes like increased suicide attempts, risky sexual behavior, and substance use. However, female-specific risk factors for ADHD have been vastly understudied despite this increased impairment and comorbidity. One particularly understudied risk factor is the dramatically rising and fluctuating levels of ovarian hormones during late puberty that begin cycling monthly. In adult women, rapid decreases in estrogen levels increase risk for ADHD symptoms across the menstrual cycle, particularly for those with high trait impulsivity. Preliminary …

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A Mixed-Methods Study Exploring Free Nicotine Replacement Therapy As A Strategy To Promote Tobacco Treatment Equity At Cancer Center Cessation Initiative Sites, Marguerite A. Webster Jan 2024

A Mixed-Methods Study Exploring Free Nicotine Replacement Therapy As A Strategy To Promote Tobacco Treatment Equity At Cancer Center Cessation Initiative Sites, Marguerite A. Webster

Theses and Dissertations--Psychology

Nicotine replacement therapy (NRT) is a safe, efficacious smoking cessation treatment for cancer patients; however, equitable access is limited due to insurance gaps. Offering free NRT to patients with cancer has potential to increase tobacco treatment engagement and promote equity. This mixed-methods study aims to describe how some Cancer Center Cessation Initiative (C3I) sites implemented free NRT within their tobacco treatment programs (TTPs) to inform future development of equitable TTPs. Participating sites’ (N=9) TTP and patient population characteristics were assessed via survey and analyzed with descriptive statistics. Semi-structured interviews were conducted with 16 individuals and analyzed using directed …

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Terror And Time: Analyzing Homegrown Terrorism In The United States, Kyser Daniels-Baessler Jan 2024

Terror And Time: Analyzing Homegrown Terrorism In The United States, Kyser Daniels-Baessler

Theses and Dissertations

The events of September 11th, 2001, prompted a global reckoning with the threat of international terrorism, leading to intensified awareness and policy responses worldwide. However, amidst this heightened global focus, the United States has faced a concerning rise in politically motivated violence on its soil. Against this backdrop, this thesis delves into the phenomenon of homegrown terrorism within the United States from 2000 to 2020. By employing advanced geospatial techniques, this study seeks to pinpoint areas nationwide with elevated rates of homegrown terrorist incidents. Moreover, it endeavors to uncover potential temporal correlations between these acts of violence and significant events, …

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Intimate Partner Violence And Parent Perceptions Of Their Emotional Bond To Their Children, Lia T. Mclanahan Jan 2024

Intimate Partner Violence And Parent Perceptions Of Their Emotional Bond To Their Children, Lia T. Mclanahan

Doctor of Psychology (PsyD)

As research on intimate partner violence (IPV) continues to grow and there are more ways of defining IPV and identifying its differing forms, a related topic of interest has become the impact IPV has on families (Fong et al., 2019). Similarly, research on IPV as a form of trauma and its implications is well-researched for both children and adults, as is the research on trauma and attachment (Cook et al., 2017). However, there seems to be a lack of research on how parent–child attachment is predicted by IPV. The present study aimed to assess how parent perceptions of their level …

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Weathering The Storm: Risk And Resiliency Factors In Transgender And Gender-Diverse Youth, Haley R. Hedrick Jan 2024

Weathering The Storm: Risk And Resiliency Factors In Transgender And Gender-Diverse Youth, Haley R. Hedrick

Doctor of Psychology (PsyD)

Compared with their cisgender peers, transgender and gender-diverse (TGD) youth face unique and significant risk factors and are at increased risk for health disparities due to intersectional psychosocial factors including high prevalence of childhood trauma, discrimination and minority stress, societal stigma, and lack of access to competent, comprehensive, gender-affirming healthcare. A total of 180 participants were included in the current study, comprised of a clinically-derived sample of TGD youth aged 8–20 years (M = 14.42, SD = 2.17), and their parents. The current study examined risk and resilience variables relevant to TGD youth, with specific focus on adverse childhood events, …

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Communication Decency Act And The Intellectual Property Exception, Casey Windsor Jan 2024

Communication Decency Act And The Intellectual Property Exception, Casey Windsor

American University Business Law Review

As the internet proliferated in the 1990s, Congress became concerned with courts impeding the advancement of the internet and the distribution of obscene materials. Congress passed Section 230 of the Communication Decency Act (CDA), which was part of the Telecommunications Act of 1996. Section 230(c), known as the “Good Samaritan” provision, gave broad immunity to interactive computer services providers (ISPs) who monitor third-party content posted to their website.3 Section 230 created the regulatory foundation for modern day ISPs, including social media websites like Facebook.

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Accidental Corporate Social Norms, David Kwok Jan 2024

Accidental Corporate Social Norms, David Kwok

American University Business Law Review

Corporations deliberately attempt to shape social norms through advertising, publicity, and political contributions. This paper considers the threat of corporations’ accidental influence on social norms and expectations. When corporations have accidents, we frequently focus on direct harms: an oil platform may catch fire and explode, leading to environmental and human losses. These accidents may also impact social norms, though. If users stay with a dominant social networking firm despite repeated data privacy breaches, for example, people might come to accept a lack of data privacy. Dominant firms may inadvertently facilitate rapid reshaping of societal expectations. Judicial recognition of this threat …

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High-Frequency Traders: How The Sec Can Tighten Regulation While Maintaining The Benefits Of A Competitive Market, John I. Sanders Jan 2024

High-Frequency Traders: How The Sec Can Tighten Regulation While Maintaining The Benefits Of A Competitive Market, John I. Sanders

American University Business Law Review

In 2010, the so-called “Flash Crash” of the U.S. stock market brought the overlooked practice of high-frequency trading into the spotlight for the first time. Initial efforts to study and curtail the practice, including a transaction fee pilot attempted by the Securities and Exchange Commission in 2018, have been unsuccessful. After outlining the substantial benefits market participants gain from the activities of high-frequency traders, this article argues that there are three potent and readily available tools for limiting the harmful excesses of those traders: (i) aggressively bring market manipulation charges under § 9(a)(2) of the Exchange Act against those who …

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Clothes Captioning: The Demand For A Sustainable Fashion Industry And The European Union’S Push For Digital Product Passports, Grace Baer Jan 2024

Clothes Captioning: The Demand For A Sustainable Fashion Industry And The European Union’S Push For Digital Product Passports, Grace Baer

American University Business Law Review

First, this Comment will provide background on the demand for transparency on the fashion industry, its response, and the regulatory framework proposed by the EU. Then, Part III will argue that the ESPR and the SSCT fall short of meeting the EU’s objectives because their requirements, as applied to textiles, are too stringent; their enforcement and effect on trade partners too disparate; and the risk of businesses’ intellectual property too high. In Part IV, this Comment will recommend that the EU strengthen its proposals by providing guidance on enforcement, equal treatment of small and medium-sized enterprises (“SMEs”) in the textile …

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The Domestic And International Limitations Of The Third-Party Doctrine In The Digital Age, Miguel E. Serrano Jan 2024

The Domestic And International Limitations Of The Third-Party Doctrine In The Digital Age, Miguel E. Serrano

American University Business Law Review

This Comment argues that the third-party doctrine further alienates EU-U.S. partnerships because the doctrine subverts privacy interests as binding legal precedent. Part II will explore the history of the third-party doctrine up until the Carpenter decision and explain why U.S. privacy rights are linked with access to third-party information. This Comment will further outline EU data protection laws, EU legislation, and the CJEU’s Schrems II decision. In Part III, this Comment will also analyze the new data protection framework, Executive Order 14086, and discuss whether it fails to overcome the CJEU’s concerns over U.S. privacy laws for EU subjects. By …

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Rediscovering Adam Smith: An Inquiry In The Rule Of Law, Competition, And The Future Of The Federal Trade Comission, Melissa Holyoak, Christopher G. Mufarrige Jan 2024

Rediscovering Adam Smith: An Inquiry In The Rule Of Law, Competition, And The Future Of The Federal Trade Comission, Melissa Holyoak, Christopher G. Mufarrige

American University Business Law Review

It is my privilege to be here to celebrate the 40th anniversary of the Competitive Enterprise Institute (³CEI´), along with the 300th birthday of Adam Smith. For decades, CEI has been at the vanguard of free-market advocacy, and it is wonderful to combine CEI's anniversary with a celebration of Adam Smith. I will start with a standard disclaimer: The views I express today are my own. They do not necessarily represent those of the Federal Trade Commission (FTC or ³Commission´) or any other commissioner.

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Shame Clogs The Arteries Of Love: How To Love In The Face Of Shame And Conditions Of Oppression, Theodore J.M. Siasat Jan 2024

Shame Clogs The Arteries Of Love: How To Love In The Face Of Shame And Conditions Of Oppression, Theodore J.M. Siasat

CMC Senior Theses

Love and shame, on its face, are at odds with one another. Love tends to foster connection while shame makes one want to hide and isolate oneself. This thesis aims to resolve this tension, particularly in cases of mistaken shame, where the ashamed agent need not feel ashamed, such as in cases of internalized racism, sexism, etc. To do so, this thesis begins by exploring similar cases of love driving people away, looking at (1) love under conditions of oppression and (2) love as seen in Vida Yao’s “Grace and Alienation,” where she is also concerned with ashamed beloveds. …

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