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Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 42, Iss. 3

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Introductory Remarks, Carly Rothstein

Cardozo Arts & Entertainment Law Journal

This introductory remark explores the implications of recent Supreme Court decisions in Bad Spaniels and Andy Warhol on intellectual property law, focusing on the evolving landscape of copyright and trademark protections. It highlights the challenges and opportunities these rulings present for balancing artistic expression, cultural norms, and legal frameworks. The symposium serves as a platform for scholars and practitioners to discuss these developments and their broader impact on IP law and policy.

Panel 1: Copyright Law, Michael W. Carroll, Peter Karol, Christopher Sprigman, Jacob Noti-Victor

Cardozo Arts & Entertainment Law Journal

The Warhol v. Goldsmith case has reshaped the interpretation of fair use in copyright law, emphasizing market competition and the commercial purpose of the use. The Supreme Court's decision focused on the commercial licensing of Warhol's work, highlighting the importance of assessing whether the use competes with the original work's market. This shift could influence future cases, particularly in technology and art, by potentially altering how transformative use and market competition are evaluated.

Panel 2: Trademark Law, Stacey Dogan, Christine Haight Farley, Jessica Silbey, Rebecca Tushnet, Felix Wu

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Why Courts Should Not Interpret The Meaning Of Art, Amy Adler

Cardozo Arts & Entertainment Law Journal

The article argues that courts are ill-equipped to interpret the meaning of art, particularly in fair use cases, as seen in the Supreme Court's decision in Warhol Foundation v. Goldsmith. The Court's reliance on determining the meaning of art exacerbates confusion and inconsistency in fair use jurisprudence, highlighting the need for alternative approaches that avoid judicial interpretation of artistic meaning.

Why The Supreme Court Rejected The Prospect Theory Of Copyright Scope, Michael W. Carroll

Cardozo Arts & Entertainment Law Journal

In Google LLC v. Oracle America, Inc. ("Google v. Oracle"), and again in Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith ("Warhol"), the parties and various amici presented the Court with a variety of arguments about the relationship between a copyright owner's right to make derivative works from a protected work and a user's right to make fair uses of that same work. At bottom, these arguments were about the proper, or even optimal, scope of copyright.

This Essay argues that these arguments were instead grounded in a form of "prospect theory" of copyright scope that …

Trademark Fair Use Is No Joke, Christine Haight Farley

Cardozo Arts & Entertainment Law Journal

The article critiques the Supreme Court's decision in Jack Daniel's Properties v. VIP Products, arguing that the Court missed an opportunity to clarify the relationship between trademark law and the First Amendment. While the Court acknowledged the importance of protecting parodies, it failed to develop a comprehensive framework for balancing trademark rights with free speech. Instead, it introduced a narrow rule that limits the application of the Rogers test, potentially undermining speech protections in trademark disputes. The article contends that the Court's reliance on the likelihood of confusion test is insufficient to address the broader First Amendment implications of …

What Recent Scrutiny Surrounding New Jersey's Newborn Screening Program Is Missing: Comment On The Reproductive And Social Justice Issues The Program Illuminates, Dylan Blanchard

Cardozo Arts & Entertainment Law Journal

The note critiques New Jersey's Newborn Screening Program, highlighting its constitutional and social justice implications. While the program is a vital public health measure, its retention of newborn blood samples without informed consent and subsequent use by law enforcement raises significant Fourth Amendment concerns. The analysis argues that the program disproportionately impacts minorities and perpetuates systemic racism in the criminal legal system, as biometric data from these samples can be used to bypass probable cause requirements.

Masthead, Cardozo Arts & Entertainment Law Journal, Vol. 43 (2024-25)

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Occupational Therapy's Role In Work And Industry: Manufacturing, Madeline Spears

Occupational Therapy Doctorate Capstone Posters

This capstone project focuses on the role of occupational therapy in a work and industry setting. I completed this capstone in collaboration with the manufacturing engineering program at EKU and leaders from Toyota Powertrain with the overarching goal being to increase accessibility and advocate for expansion of the manufacturing workforce to include workers with disabilities. Toyota provided assembly parts for their cam housing process with the objective to adapt the process to be accessible for wheelchair users. I completed a thorough task analysis followed by collaboration with engineering professionals to design and build a new manufacturing workstation that is wheelchair …

Sensory Training For School Based Professionals, Anna Rose

Occupational Therapy Doctorate Capstone Posters

The purpose of this ALE presentation was to develop a sensory-based training for school system professionals in Floyd County Schools regarding the purpose of sensory-based interventions and sensory-based equipment to improve student outcomes and academic performance. Professionals were educated regarding the appropriate use of sensory equipment within their school’s sensory room and sensory supports to utilize within the classroom. All professionals were trained to ensure optimal outcomes for students utilizing the new and finalized sensory rooms in Floyd County. After the finalization of 8 sensory rooms, and over 10 sensory-based trainings, Floyd County professionals were assessed utilizing equipment with students, …

When Worlds Collide: The Intersection Of Horses & Rehabilitation, Rachel Carden

Occupational Therapy Doctorate Capstone Posters

One niche practice area in Occupational Therapy, Physical Therapy, and Speech Language Pathology practice is hippotherapy. This practice area involves equine movement as part of the therapeutic process. My capstone experience was completed at Transitions Physical Therapy, with Lisa Harris as my mentor. I completed 14 weeks of hands-on, patient directed learning with direct, supervised patient handling, equine handling, and observing how the therapeutic process can involve equine movement to benefit patient goals. In this experience, I created a 46-page resource guide to include five parent handouts, describing the nature of hippotherapy and OT/PT. This resource guide also included twelve …

Occupational Therapy Education: Teaching, Scholarship, And Service, Tyler Bush

Occupational Therapy Doctorate Capstone Posters

The past 14 weeks of this Capstone experience, I have had the pleasure of learning what it is like working in academia in a University setting. During this time, I quickly learned that teaching is just one piece of academia, where service and research are also included in three different components that make up academia. While teaching was the main area of focus I wanted to gain experience in, I was also able to learn more about research and service. At the end of my Capstone experience, I led a service community project by developing an educational learning module to …

Demographic And Diagnostic Factors In Physical Therapy Attendance, William Leatherwood, Adrian Torres, Sofia Hidalgo Perea, Megan Paulus

Stony Brook Orthopaedic and Musculoskeletal Journal

Introduction: Previous studies have demonstrated physical therapy (PT) to be an effective nonoperative treatment for various orthopedic diagnoses. However, patients may dismiss PT in favor of another intervention for their injury. While there are many studies on PT, there is little data on patient compliance. This study aimed to elucidate patient compliance with a basic PT prescription and whether PT led to subjective injury improvement.

Methods: This is a retrospective study of patients seen in Stony Brook Orthopedic clinics from 08/01/2022 – 12/23/2022. Patients prescribed PT received a phone call six weeks after the PT prescription. The primary …

Ready To Implement? An Exploration Of K12 Faculty's Preparedness To Create Inclusive Learning Environments, Kristin Herman, John Baaki

STEMPS Faculty Publications

Understanding how to create trauma-informed learning environments which can contribute to learner empowerment is the focus of this phase of an ongoing education design research project. As embedding opportunities for social-emotional learning (SEL) competency development has proven to help all students develop a sense of belonging within their educational environments (Cooper, 2014), a classroom climate that promotes these opportunities proves a useful metric by which to define inclusive learning environments. Internal and external factors K-12 faculty perceive as affecting their ability to create inclusive learning environments for increasingly diverse student bodies are examined. Observations are used to understand the extent …

The Nexus Of Iste Standards And Academic Progress: A Mapping Analysis Of Empirical Studies, Helen Crompton, Diane Burke

STEMPS Faculty Publications

Technology has become commonplace in K-12 classrooms with students actively using digital technology to support learning. The purpose of this study was to investigate whether there is empirical support that implementing the ISTE Standards for Students can result in learning gains. A scoping review methodology was used to map extant literature to evidence of learning gains. To ensure transparency in the selection of the articles and the evidence gathering procedure, an a priori method was used. This study is unique in that it provides the first examination of a set of student standards for technology use to learning gains within …

An Analysis Of The Essential Understandings In Elementary Geometry And A Comparison To The Common Core Standards With Teaching Implications, Helen Crompton, Sarah Ferguson

STEMPS Faculty Publications

Geometry and spatial reasoning form the foundations of learning in mathematics. However, geometry is a subject often ignored by curriculum writers and teachers until high school, leading to students lacking in critical skills in geometric reasoning. As the United States moves into a new curriculum epoch, heralding the commencement of the national common core standards (CCS), one could question if CCS in geometry align with the essential understandings children need to be successful geometric thinkers. This paper begins with an examination of the essential understandings of geometric reasoning leading to an interpretation and critique of the elementary geometry CCS. Finally, …

Learner Assessment, Elizabeth Burns

STEMPS Faculty Publications

The article discusses the importance of learner assessment in school libraries, highlighting the need for school librarians to incorporate assessment practices aligned with the National School Library Standards. Assessment in school libraries focuses on measuring competencies aligned with real-world information-seeking behaviors rather than traditional grades and testing. The article emphasizes the role of diagnostic, formative, and summative assessments in tracking learner progress and supporting the overall library program. It also underscores the significance of using learner data to establish library goals and showcase the impact of school libraries on academic achievement.

Intraoperative Nerve Stimulation As A Functional Assessment Of Acute Stretch Injury In The Rat Median Nerve, Matthew Gluck, Pierce J. Ferriter Jr., Christoph A. Schroen, Christina M. Beck, Zachary L. Bernstein, Todd A. Rubin, Michael R. Hausman, Paul J. Cagle

Stony Brook Orthopaedic and Musculoskeletal Journal

Introduction: Peripheral nerve injuries (PNIs) are common complications of upper extremity injuries, yet few clinical options exist to quickly and accurately assess motor nerve function intraoperatively. PNIs are a significant source of not only disability to the patient, but also cost. This study’s purpose was to evaluate the utility of intraoperative nerve stimulation in an
animal model.

Methods: A 20% stretch injury was induced in right median nerves using a custom-made stretch applicator, while left median nerves served as a control. A Checkpoint surgical nerve stimulator (Checkpoint Surgical, Cleveland, OH) was used to assess baseline nerve function in …

2024 Jan Term Course Catalog, Saint Mary's College Of California

Jan Term Course Catalog

No abstract provided.

An Updated Ligament Evaluation Of Perilunate Instability, Emil S. Vutescu, Cris Min, Elias Georgas, Paul G. Arauz, Yi-Qian Qin, David E. Komatsu, Edward D. Wang

Stony Brook Orthopaedic and Musculoskeletal Journal

Introduction: Perilunate dislocations are rare and high-energy proximal carpal row injuries that are associated with long-term disability. The current accepted pathomechanism of this injury is progressive radial to ulnar intrinsic ligament tearing, as described by Mayfield in 1980. Since his description several other ligaments have been described as critical stabilizers of the proximal carpal row.

Purpose: To achieve perilunate instability in a biomechanical model and evaluate integrity of recently described carpal ligamentous stabilizers.

Methods: We tested six fresh-frozen cadaveric upper extremities and loaded them to failure in extension, ulnar deviation and carpal supination using a previously validated three-point …

Can Artificial Intelligence Create Research Hypotheses For Patellofemoral Instability?, Claire Parker, Sofia Hidalgo Perea, James Barsi

Stony Brook Orthopaedic and Musculoskeletal Journal

Introduction: The purpose of this study was to elucidate if artificial intelligence (AI) can generate novel research hypotheses regarding patellofemoral instability (PFI) in the pediatric population that have not previously been investigated. We hypothesized that AI would be able to generate new hypotheses that have not yet been presented or published.

Methods: In December of 2023, Chat Generative Pre-trained Transformer-3.5 (ChatGPT) was used to create a list of 25 research hypotheses about PFI in both the adult and pediatric population. The prompt used to generate the list of hypotheses was: “List 25 detailed and reproducible research ideas regarding …

Age-Related Differences In 30-Day Postoperative Complications Following Aseptic Revision Total Shoulder Arthroplasty: A Comparison Of Patients Under And Over 80 Years Old, Rachel A. Loyst, Patricia Cerri-Droz, Stephen H. Liu, Kenny Ling, Dorian Cohen, David E. Komatsu, Edward D. Wang

Stony Brook Orthopaedic and Musculoskeletal Journal

Introduction: This study investigates the association between patients < 80 years old and patients 80 years old and 30-day postoperative complications following aseptic revision total shoulder arthroplasty (TSA).

Materials and methods: All patients who underwent revision TSA between 2015 and 2022 from the American College of Surgeons National Surgical Quality Improvement (NSQIP) database were surveyed for this study. Patient demographics, comorbidities, and 30-day postoperative complication data were analyzed. Logistic regression was used to analyze the postoperative complications associated in patients greater than or equal to 80 years old.

Results: Compared to patients < 80 years old, patients 80 years old were independently associated with a significantly greater likelihood of experiencing any complication (odds ratio [OR] 1.61, 95% confidence interval [CI] 1.23-2.11; P < .001), non-home discharge (OR 3.68, 95% CI 2.58-5.25; P < .001), and length of stay (LOS) > 2 days (OR 1.57, 95% CI 1.18-2.10; P = 0.002).

Conclusions: Compared to patients < 80 years old, patients 80 years old were independently associated with a significantly greater likelihood of experiencing any complication, non-home discharge, and LOS > 2 days. A better understanding of the age as a risk factor …

Faculty Matter: Development Of Faculty Diversity Climate And Its Relation To Graduate Student Intent To Stay, Jennica R. Webster, Gary A. Adams

Management Faculty Research and Publications

This study sought to advance our understanding of the nexus between policy and ambient discrimination experiences of faculty and the intention to stay among graduate students. To accomplish this, we built on theory and research in higher education by leveraging models from the strategic human resource management (HRM) literature. In doing so, we advanced a novel theoretical model relating faculty perceptions of traditional HRM policies and ambient discrimination to department-level shared perceptions of diversity climate. We further theorized how that shared diversity climate relates to evaluations of graduate students’ general campus climate and their intent to stay. We tested this …

Enhancing Consistency Of Maximal Responding In Behavior Description Interviews: An Exploration Of Priming And Response Length, Allen I. Huffcutt, Satoris S. Howes, Dianne D. Murphy, Sara A. Murphy

Management Faculty Research and Publications

In a Behavior Description Interview (BDI), candidates are asked to describe past experiences that demonstrate skills and abilities important for the position (Janz, 1982). A recent study by Huffcutt et al. (2020) found that only around half of participants (48.1 percent) describe an experience reflecting maximal performance capability. Random mixing of maximal capability with day-to-day typical performance tendencies is problematic psychometrically because candidates are not all providing comparable information and top candidates could be overlooked. Given notable methodological concerns with Huffcutt et al.’s approach, our first purpose was to provide empirical confirmation that maximal responding in BDIs is, in fact, …

Countermeasures To Improve Pedestrian Safety On Arterials, Nicholas Ferenchak

Publications

This work analyzed the pedestrian safety and overall traffic safety impacts – in terms of both motor vehicle speeds and crash outcomes – of several countermeasures applied to the Central Avenue arterial corridor in Albuquerque, New Mexico. Findings suggest that the infrastructure changes associated with a bus rapid transit (BRT) system improved traffic safety by reducing vehicle 85^th percentile speeds by 11.5% and reducing serious and fatal injuries by 60.0%. While pedestrian safety outcomes were more variable, pedestrians generally fared better on BRT segments than on control segments. The mechanism behind these improvements was traffic calming through the BRT’s …

The Undergraduate Spectrum 2024, Saint Mary's College Of California

The Undergraduate Spectrum

No abstract provided.

The Utilization Of A Reminder System To Decrease No-Show Rates In Adult Patients At A Primary Care Clinic, Jane Onwuegbuchu

Doctor of Nursing Practice Final Project Abstract

PURPOSE The purpose of this quality improvement project was to implement a phone call reminder to decrease no-show rates in a primary care clinic and educate patients about the importance of attending appointments. The project intended to decrease no-show rates by at least 3% from a pre-intervention rate of 10.6% and achieve at least an 80% consensus rate on a post-survey regarding the value of keeping to the appointments.

BACKGROUND The project was implemented in a small primary care clinic in Southwest Houston, Texas.

METHODOLOGY

A standardized phone call script was developed to contact patients approximately two days before their …

Improving The Self-Efficacy And Self-Management Of Adult Patients With Type Ii Diabetes (T2dm) Through A Telehealth Program At An Outpatient Clinic, Uchechukwu N. Iwuorie

Doctor of Nursing Practice Final Project Abstract

Purpose

This eight-week quality improvement project implemented a cellphone-based reminder text intervention to improve self-efficacy and self-management practices among adults diagnosed with T2DM at an outpatient clinic in Tomball, Texas.

Background

The clinic serves underserved populations in Tomball. Over 20% of diabetic patients have a Hemoglobin A1c (HbA1c) above 9%. There is no program for T2DM self-management due to resources and staffing.

Methodology

Informed participants completed a recruitment packet and a self-efficacy survey before and after the intervention. Thirteen patients received two text messages biweekly from the clinic, on self-care reminders, recommended by the American Diabetes Association, along with an …

Reproductive Rights And Medico-Legal Education Post-Dobbs: A Fireside Chat, Michael S. Sinha, Anna Krotinger, Maya A. Phan, Louise P. King

All Faculty Scholarship

The Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization was a pivotal moment that reshaped the landscape of abortion policy and delivery of abortion care in the United States. To create a space for critical reflection on the implications of Dobbs for the teaching and learning of abortion care in both medical and legal education, the authors engage in a dialogue highlighting the varied perspectives of professionals and professionals-in-training in both the medical and legal professions. As new attacks on reproductive autonomy continue at both state and federal levels, we foreshadow a tumultuous landscape for abortion policy …