Digital Commons Network^™

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.

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 …

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 …

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 …

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.

U.S. Securities And Exchange Commission And The "Deep Administrative State": A Case Study Of Its Esg Rules, Jerry W. Markham

American University Business Law Review

This study examines the highly controversial “environmental, social, and governance” (ESG) rules that were adopted by the Securities and Exchange Commission (SEC) in 2024. Those rules require large public companies to disclose their policies for dealing with climate change and report their greenhouse gas emissions. Critics charge that those rules are the product of a “deep state” administrative agency that is operating outside the checks and balances imposed by the Constitution on other government actors. The study relates the background for these deep state concerns and the constitutional and statutory restraints that were intended to prevent the development of such …

Hollywood's Triple Threat: Writers, Actors, And Antitrust Regulators Take On The Streaming Giants, Remy S. Farkas

American University Business Law Review

In the summer of 2023, Hollywood froze when actors, writers, and crew took to the picket lines. Their gripe: the recent mega mergers by media conglomerates. The Writers Guild Association and Screen Actors Guild American Federation of Television and Radio Artists joined forces to protest recent acquisitions by Disney, Amazon, and Netflix; these companies vertically integrated within the industry, which allowed them to exploit workers, limit content, and raise prices for consumers. In the same summer, the Department of Justice and Federal Trade Commission released Draft Merger Guidelines, which included thirteen new guidelines for evaluating whether a merger violates antitrust …

Equitable Mootness Doctrine Seems To Be Restricted In Application To Complex Reorganizations, Jenna Marshiano

Bankruptcy Research Library

(Excerpt)

The issue in this article is when an appeal from a bankruptcy court order is equitably moot. As to be discussed further infra, generally, courts seem to apply equitable mootness only in complex reorganizations, and there seems to be a trend of restricting the application of the doctrine.

...

Equitable mootness is similar to the concepts of waiver, forfeiture, or even estoppel. The underlying principle of this doctrine is that after time has passed since the implementation of an equitable judgment, the relief that an appellant seeks on appeal becomes "impractical, imprudent, and therefore inequitable." Further, courts aim …

Service Of A Subpoena Through Alternative Means: Social Media, Tayler Eynon

Bankruptcy Research Library

(Excerpt)

Service of a subpoena via a means besides personal service, i.e., "alternative service," has been "routinely authorized" under Rule 45 of the Federal Rules. The functional purpose of requiring delivery is to "ensure receipt," which then allows the enforcement of a subpoena to be consistent with due process. With the development of new means of communication, however, an emerging issue has become whether service of a subpoena via social media may provide similar "evidence of actual receipt." Many courts have read Rule 45 broadly to allow for service of a subpoena through social media if certain fundamental requirements are …

Decolonizing Yoga: Historical Perspectives And Contemporary Practices, Archana Ram

Honors Undergraduate Theses

Over the last few decades, yoga has become a multi-billion-dollar industry in the West. This industry is typically represented by glossy photographs of thin white women in physical postures. Given its religious origins in South Asia, this mass marketing of yoga has raised important questions about Western commodification and cultural appropriation. As a result, counter-movements have emerged to “Take Back Yoga” and “Honor the Cultural Roots of Yoga.” This thesis analyzes a range of critical-constructive responses to the commodification and colonization of yoga. It focuses on two case studies: Susanna Barkataki, an American yoga teacher of Indian descent, and Kallie …

Relative Impact Of Economic Policy Uncertainty And Mortgage Rates On The Supply Of New Homes For Sale In The United States, Jaclyn M. Devylder-Gaidish

Doctoral Dissertations (DBA)

This paper analyzes the changeable impact of economic policy uncertainty and mortgage rates on the supply of new homes for sale in the United States. The homes supply is proxied by the ratio of new homes for sale to new houses sold. The analysis utilizes monthly data from January 1985 to November 2023. The relationship is assessed using least square regression with second order autoregressive correction as well as Bai-Perron multiple breakpoint regression for structural breaks and Markov switching tests for state-dependency. The results demonstrate a significant direct correlation between economic policy uncertainty and housing supply, but only during the …

Economic Policy Uncertainty And Its Impact On Unemployment Rates Among U.S. Ethnic Groups, Melody Shirley Nimoh

Doctoral Dissertations (DBA)

The study aims to investigate the transmission of Economic Policy Uncertainty (EPU) shocks on unemployment rates across different ethnic groups in the United States. The research employs econometric analysis such as regression modeling to determine the relationship between EPU and unemployment rates among African American, Hispanic or Latino American, and White American communities. The study estimates coefficient estimates for the lagged change in EPU and its impact on respective unemployment rates for each ethnic group. This shows that there are statistically significant positive relationships between EPU shocks and unemployment rates across all ethnic groups. An increase in EPU leads to …

Synapsis: South Georgia Campus (2024), Philadelphia College Of Osteopathic Medicine

DO Yearbooks (1925-2019)

The 2024 South Georgia Campus Synapsis includes Student National Medical Association 2023-2024, White Coat, DO Class of 2024, DO Class of 2025, DO Class of 2026, DO Class of 2027, Master's of Biomedical Sciences Class of 2024 and 2025, Faculty and Staff, Student Ambassadors, Student Government Association, Student Osteopathic Medical Organization, Student Organizations Council, Student Ambassadors-Pathway Coordinators, Infectious Disease Society, Latino Medical Student Association (LMSA), Research Club, American Medical Women's Association (AMWA), Emergency Medical Club, Nutrition in Medicine, Pediatric Club, PsyCOM, Sports Medicine and Orthopedics Club, Wilderness Medicine Club, Wholistic Wellness Committee, Diversity Equity & Inclusion Council, Sisters in Medicine, …

Actionpoint: An App To Combat Cyberbullying By Strengthening Parent-Teen Relationships, Maddie Juarez, Natali Barragan, Deborah Hall, George K. Thiruvathukal, Yasin Silva

Computer Science: Faculty Publications and Other Works

Overview: Urgent need for intervention tools to mitigate increase in cyberbullying • ActionPoint is based on parent-teen relationship research • App includes interactive modules to improve family communication and online behavior to combat cyberbullying effects • To be presented in the IEEE World Forum on Public Safety Technology 2024.

Understanding The Trafficking Of Children For The Purposes Of Labor In The United States, Amy Farrell, Meredith Dank, Katherine Kaufka Walts, Callie Hansson, Andrea Hughes, Chlece Neal

Center for the Human Rights of Children

No abstract provided.

Synthesis Of Cationic Liposome Nanoparticles Using A Thin Film Dispersed Hydration And Extrusion Method, Alessandro Cazzolla, Julie Rose Mae Mondala, Janith Wanigasekara, Joanna Carroll, Noah Daly, Brijesh Tiwari, Alan Casey, James F. Curtin

Articles

Liposome nanoparticles can carry a wide range of therapeutic molecules including small molecules and nucleic acid-based therapeutics. Potential benefits include translocation across physiological barriers, reduced systemic toxicity, and enhanced pharmacokinetic parameters such as absorption, distribution, selective release and optimal elimination kinetics. Liposome nanoparticles can be generated with a wide range of natural and synthetic lipid-based molecules that confer desirable properties depending on the desired therapeutic application Nel et al (2023), Large (2021), Elkhoury (2020). This protocol article seeks to detail the procedures involved in the production of cationic liposomes using thin-film dispersed hydration method with an estimated uniform size of …

Synergistic Cytotoxicity Effect Of Ultrasound And Plasma Microbubble In Glioblastoma 3d Tumor Sphere Model, Janith Wanigasekara, Patrick J. Cullen, Brijesh Tiwari, James F. Curtin

Articles

The combined application of ultrasound (US) and plasma microbubble (PMB) is a promising technology against glioblastoma (GBM). Here, we determined the effects of US and PMB (alone and combined) on U-251 MG GBM and A431 epidermoid carcinoma spheroids under different conditions. The synergistic treatment of US- and PMB-induced tumor sphere cell death in a time-, dose-, treatment frequency-, and reactive oxygen species dependent manner, while multiple treatments augmented this effect. Synergistic treatments significantly reduced three-dimensional GBM spheroid regrowth and cell proliferation while inducing cytotoxicity, spheroid shrinkage, and damage to the tumor microenvironment. PMB-induced cytotoxicity throughout the tumor sphere, likely via …

Increasing Initial Cfi Capacity Within Collegiate Flight Programs, Andrew Leonard, Cody Christensen

International Journal of Aviation, Aeronautics, and Aerospace

According to the Government Accountability Office (2018), collegiate aviation schools face two primary challenges: flight instructor retention and the high cost of pilot training. In a study of collegiate aviation programs, 16 of the 18 schools reported difficulty in recruiting and retaining certified flight instructors (CFI), leading to the inability to accept all students who applied to the programs. Furthermore, these programs attributed the high instructor turnover to the increased demand for commercial pilots at the airlines, a challenge that is not expected to decrease in the near future (Boeing, 2023). While the lack of flight instructor retention impacts flight …

Automatic Detection Of Birds In Images Acquired With Remotely Piloted Aircraft For Managing Wildlife Strikes To Civil Aircraft, Maurycio Rodrigues Oviedo, Flavio A. C. Mendonca Ph.D., Jose Cabrera, Cole A. Mcnall, Raymond Ayres, Ricardo Luís Barbosa, Rodrigo Gallis

International Journal of Aviation, Aeronautics, and Aerospace

Wildlife strikes represent a significant threat to aviation safety and economics, as evidenced by notable incidents such as the emergency landing of US Airways Flight 1549 in 2009. The Federal Aviation Administration (FAA) acknowledges this growing concern, as evidenced by its report on Wildlife Strikes to Civil Aircraft in the United States from 1990 to 2019.To address the need for improved risk management, airports conduct Wildlife Hazard Assessments (WHA), a laborious process typically relying on visual identification by Qualified Airport Wildlife Biologists (QAWB). However, technological advancements, such as Remotely Piloted Aircraft (RPA) and machine learning (ML), offer promising solutions to …

Fatigue Reporting In Hellenic Skies: Attitudes, Barriers And Insights From Military, Commercial And General Aviation Pilots, Panagiotis Kioulepoglou, Katerina M. David, Vassilios Nikolaidis, Ilias Makris

International Journal of Aviation, Aeronautics, and Aerospace

Fatigue has long been a concern in aviation, especially today, with the ever-increasing traffic volume, pilot shortage, and operations that often disrupt the body’s natural biological rhythms. Despite the implementation of sophisticated fatigue reporting schemes, aviation organizations still face challenges, as many studies indicate that pilots often encounter barriers to effectively report their fatigue. As relevant research in Greece was scarce, the main objective of this study was to explore Greek pilots' attitudes towards fatigue reporting, identify the most significant barriers, and recommend mitigation measures based on the participants' perspectives. To that end, 18 semi-structured interviews were conducted and analyzed …

The Value Addition Of National Civil Aviation Policy Implementation To Airport Development In Nigeria: A Qualitative Assessment, Salisu Ojonemi Paul Phd, Prof. Chikelue Ofuebe Phd

International Journal of Aviation, Aeronautics, and Aerospace

Through “Top Down theory of Implementation,” the study assessed the extent to which the implementation of NCAP 2013 has enhanced infrastructural transformation of airports in Nigeria. The paper discussed how the sector witnessed an accelerated infrastructural development, which situated the industry. With case study design and qualitative approach method, we found that the implementation of the policy was not discontinued. That facilitated ICAO certification of airports in Nigeria. The paper recommended the creation of Civil Airports Infrastructural Maintenance Standing Committee whose membership should be drawn from all the critical stakeholders in the industry with the responsibility of periodic turnaround maintenance.

A Scale Development Study For Evaluating The Competency Perception Of Air Traffic Controllers, Arif Tuncal, Ertan Çinar

International Journal of Aviation, Aeronautics, and Aerospace

Ensuring the competencies that influence the performance of air traffic controllers is a key priority for the aviation sector in terms of flight safety. Notwithstanding the efforts of international organizations, the absence of a statistically valid and reliable scale in the academic literature for the measurement of air traffic controllers’ competency perceptions signifies a notable gap. The aim of the study was to develop a scale for measuring air traffic controller competency. The study sample comprised 482 air traffic controllers. Following semi-structured interviews and document analysis, an item pool was established, ensuring content validity through expert input, with a CVR …

An Exploration Of Preconception Care For People With Health Conditions Using Realist Methodology: What Works, For Whom, And In What Circumstances?, Heather Hopper

School of Nursing and Midwifery Theses

Background: People living with pre-existing physical or mental health conditions are over-represented in audits and confidential enquiries regarding maternal morbidity and mortality and thus often advised to stabilise or optimise their health prior to becoming pregnant. Preconception care may include medication or behaviour change, which can be effective but not always accessed by those who need it, and there is a lack of evidence demonstrating how this can be achieved. The aim of this study was therefore to explore what form of preconception care for people living with health conditions works, for whom, how do these approaches work, and in …

Navigating A Complex Transition: From Qualifying As A Nurse To Becoming A Confident Practitioner., Rachel Pascoe

School of Nursing and Midwifery Theses

This thesis explores the complexities of transition to professional practice of newly qualified nurses following an undergraduate professional preparation programme. Transition to professional practice from student to qualified nurse and then to confident practitioner has been explored since the late 1960s and is recognised as a complex and multi-faceted issue for the newly qualified nurses. They can feel unprepared for clinical practice and for the organisational demands who require competent and confident personnel to join the workforce. Adopting a social constructionist approach, this study utilises a combination of diaries and interviews to gain a deeper understanding of the experiences and …

Development And Validation Of A Patient-Reported Experience Measure For Older Adults Attending The Emergency Department: The Prem-Ed 65 Study, Blair Graham

School of Nursing and Midwifery Theses

Emergency Department (ED) care traditionally focuses on resolving single-organ pathology, emphasising rapid patient flow. As such, ED care may fall short of addressing the holistic needs of older adults, where atypical and complex presentations exacerbated by frailty, comorbidity, polypharmacy, and sensory deficits are much more prevalent than in the general population. Older adults are particularly vulnerable to the effects of ED crowding and prolonged length of ED stay and suffer increased in-hospital mortality as a result.Patient experience is a central determinant of quality of care and is positively associated with improved outcomes for acute conditions, including pneumonia, asthma, and acute …

Technology Impacts, Justice, Place, And Worldviews: An Integrated Framework For Understanding Perceptions Of And Attitudes Towards Shale-Gas Fracking In English Host Communities, Kechagia Magdalini

School of Geography, Earth and Environmental Sciences Theses

Despite growing national opposition, local resistance, and moratoriums in Scotland and Wales, successive UK governments have supported the use of fracking to exploit oil and gas from shale formations in England in response to declining North Sea reserves and concerns about geopolitical instabilities affecting energy security. Although scholars have examined technological, justice, and socio-psychological drivers of social attitudes to fracking in order to challenge ‘Not-In-My-Back-Yard’ explanations of perceptions and attitudes, existing studies have rarely examined these factors in an integrated way. The aim of this research is to investigate whether and how an integrated approach, combining insights from the factors …

Considerations And Challenges In Support Of Science And Communication Of Fish Consumption Advisories For Per- And Polyfluoroalkyl Substances, Jonathan Michael Petali, Erin L. Pulster, Christopher Mccarthy, Heidi M. Pickard, Elsie M. Sunderland, Jacqueline Bangma, Courtney C. Carignan, Anna Robuck, Kathryn A. Crawford, Megan E. Romano, Rainer Lohmann, Katherine Von Stackelburg

Graduate School of Oceanography Faculty Publications

Federal, state, tribal, or local entities in the United States issue fish consumption advisories (FCAs) as guidance for safer consumption of locally caught fish containing contaminants. Fish consumption advisories have been developed for commonly detected compounds such as mercury and polychlorinated biphenyls. The existing national guidance does not specifically address the unique challenges associated with bioaccumulation and consumption risk related to per- and polyfluoroalkyl substances (PFAS). As a result, several states have derived their own PFAS-related consumption guidelines, many of which focus on one frequently detected PFAS, known as perfluorooctane sulfonic acid (PFOS). However, there can be significant variation between …

2024 Bber Economic Seminar - Montana Tourism Outlook Presentation, Melissa Weddell

Institute for Tourism and Recreation Research Publications

No abstract provided.

Electrophysiological Investigation Of Active-Assisted Vs Recumbent Cycling: A Pilot Study In Healthy Older Adults, Vanessa Harwood, Nicole E. Logan, Alisa Baron, Skye Richards, Raphael Dias, Alex Seng, Emily Jelfs, Christine Marie Clarkin, Christie L. Ward-Ritacco

Kinesiology Faculty Publications

There is a relationship between acute bouts of aerobic exercise and cognition in adults, yet the exact nature of this relationship remains unclear. The current pilot study aims to investigate how different modes of cycling (active-assisted cycling vs recumbent cycling) at different moderate-to-vigorous physical activity (MVPA) intensity levels (prescribed 65–70% Heart Rate Max and self-selected 12–13 Rate of Perceived Exertion) modulate neurocognitive, and behavioral markers of cognition in healthy older adults. A sample of 10 adults (aged 50–74 years) participated in baseline (no exercise), active-assisted, and recumbent cycling interventions at different intensity levels. The P3 event-related potential (ERP), a neural …

Unh/Noaa Joint Hydrographic Center 2024 Performance And Progress Report Executive Summary, Larry A. Mayer

Center for Coastal and Ocean Mapping

Reporting Period: 01/01/2023–12/31/2023