Digital Commons Network^™

When Teachers Misgender: The Free Speech Claims Of Public School Teachers, Caroline Mala Corbin

Articles

No abstract provided.

Stress Testing During Times Of War, Kathryn Judge

Faculty Scholarship

In the spring of 2009, the United States was mired in the greatest recession it had faced since the Great Depression. In March, the Dow Jones Industrial Average had fallen to 6,594.44, a total decline of 53.4 percent from its peak in the fall of 2007. The official unemployment rate was over 9 percent and still trending upward, eventually exceeding 10 percent. With the support of Congress, the Federal Reserve (the Fed) and other financial regulators had launched an array of initiatives to contain the fallout of what had become a global financial crisis. These interventions, including a massive recapitalization …

Consensus Decision-Making And Legislative Inertia At The Wto: Can International Law Help?, Americo B. Zampetti, Patrick Low, Petros C. Mavroidis

Faculty Scholarship

The recent emergence of Joint Statement Initiatives (JSIs) – that is, negotiating initiatives among a subset of the World Trade Organization (WTO) membership – has reignited the debate over law-making in the WTO. As things stand, the WTO operates on the basis of a widespread expectation that consensus needs to be achieved for any decision to be taken. Agreements that produce rights and obligations only among a subset of the membership (‘plurilaterals’, or Annex 4 agreements) are also subject to the consensus rule and thus remain exceptional. Are JSIs the first move towards redressing the current equilibrium in favour of …

Mindful Debiasing: Meditation As A Tool To Address Disability Discrimination, Elizabeth F. Emens

Faculty Scholarship

Antidiscrimination law is at a critical juncture. The law prohibits formal and explicit systems of exclusion, but much bias nonetheless persists. New tools are needed. This Article argues that mindfulness meditation may be a powerful strategy in the battle against disability discrimination. This Article sets out eight reasons that disability bias is particularly intractable. The Article then draws on empirical, philosophical, and scholarly sources to identify mechanisms through which mindfulness meditation can address these dynamics. The Article concludes by presenting concrete doctrinal implications of bringing mindfulness to bear on disability discrimination. This Article thus contributes to the established fields of …

Law’S Contributions To The Mindfulness Revolution, Elizabeth F. Emens

Faculty Scholarship

These are phenomenally challenging times. Mindfulness is a tool that can help lawyers support themselves, each other, their clients, and their collaborators in the hard work needed to build community and take action. For these and other reasons, mindfulness has made major inroads into law and legal institutions. Law firms, law schools, and courthouses offer training in mindfulness meditation to support the cognitive clarity and emotional self-regulation necessary for the demanding work of analyzing problems, resolving conflicts, overcoming bias, and doing justice. A growing literature, from empirical social science to legal scholarship, catalogs these and other benefits of mindfulness for …

Intellectual Property, Independent Creation, And The Lockean Commons, Mala Chatterjee

Faculty Scholarship

Copyrights and patents are differently structured intellectual property rights in different kinds of entities. Nonetheless, they are widely regarded by U.S. scholars as having the same theoretical underpinnings. Though scholars have sought to connect philosophical theories of property to intellectual property, with a particular interest in the labor theory of John Locke, these explorations have not sufficiently probed copyrights’ and patents’ doctrinal differences or their philosophical implications for the theories explored. This Article argues that a defining difference between copyrights and patents has normative significance for the framework of Lockean property theory: namely, that copyright law treats independent creation as …

Aging, Health, Equity, And The Law: Foreword, Joan C. Foley

Touro Law Review

No abstract provided.

Access To Evidence In Private International Law, Francesco Parisi, Daniel Pi, Alice Guerra

Law Faculty Scholarship

This Article analyzes the interaction between the burden of proof and evidentiary discovery rules. Both sets of rules can affect incentives for prospective injurers to invest in evidence technology (i.e., ex ante investments that increase the quantity and quality of evidence in case an accident occurs). This interaction becomes acutely important in the private international law setting, where jurisdictions are split on the question whether the burden of proof should be treated as a substantive or procedural matter. When a tort occurs in Europe, but the case is litigated in American courts, treating the burden of proof as a procedural …

Floors And Ceilings In International Copyright Treaties: Berne/Trips/Wct Minima And Maxima, Jane C. Ginsburg

Faculty Scholarship

This paper addresses “floors” – minimum substantive international protections, and “ceilings” – maximum substantive international protections, set out in the Berne Convention and subsequent multilateral copyright accords. While much scholarship has addressed Berne minima, the “maxima” have generally received less attention. This Comment first describes the general structure of the Berne Convention, TRIPS and WCT regarding these contours, and then analyzes their application to the recent “press publishers’ right” promulgated in the 2019 EU Digital Single Market Directive. Within the universe of multilateral copyright obligations, the Berne maxima (prohibition of protection for facts and news of the day), buttressed by …

Proving Copying, Shyamkrishna Balganesh, Peter S. Menell

Faculty Scholarship

Proof that a defendant actually copied from a copyrighted work is a critical part of a claim for copyright infringement. Indeed, absent such copying, there is no infringement. The most common method of proving copying involves the use of circumstantial evidence, consisting of proof that a defendant had “access” to the protected work, and a showing of “similarities” between the copy and the protected work. In inferring copying from the combination of such evidence, courts have for many decades developed a framework known as the “inverse ratio rule,” which allows them to modulate the level of proof needed on access …

International Bureaucracies: Extraterritorial Reach Of The European Commission’S Legal Expertise, Anu Bradford

Faculty Scholarship

The EU exercises significant influence over global regulatory standards, whether as a result of its ability to unilaterally export its rules to foreign markets via market mechanisms – a phenomenon that I have elsewhere described as ‘the Brussels Effect’ – or by entrenching them globally through bilateral or multilateral negotiations. In all cases, the legal expertise of the Commission is central. It either pro-actively supplies its expertise to their foreign counterparts or responds to the demand to offer technical expertise to create a rule-based order that closely imitates the regulatory state in Europe. Companies also resort to the Commission as …

Copyright, Creativity, Big Media And Cultural Value: Incorporating The Author, Jane C. Ginsburg

Faculty Scholarship

Copyright, Creativity, Big Media and Cultural Value is a wide-ranging work of immense erudition and archival research, combining several historical studies of the ‘incorporation’ of the author in different sectors of the ‘creative industries’. The book’s subtitle, ‘Incorporating the Author’, astutely encompasses multiple meanings, whose implications the book works through. These include the author as an initiating participant in a larger economic structure (Chapter 3 (print publishing)). But also, the author as a bit player enveloped by a larger economic structure (Chapter 5 (film industry)). And the author (or performer) as an autonomous object of economic value (Chapters …

Courts In Conversation, Thomas P. Schmidt

Faculty Scholarship

Ralph Waldo Emerson once suggested that we read not for instruction but for provocation. By that standard, in The Words That Made Us, Akhil Reed Amar has written a characteristically great book. This is not to deny that there is abundant instruction in its many pages: Amar offers a synoptic and yet still nuanced description of the great constitutional conversation that engulfed American political life in the eighty or so years around the founding. One of the chief values of the book, though, is that it will provoke a whole new set of additions to the constitutional conversation that …

The Game Of Teaching Resource Allocation, Ryan Samuel Sale

International Business and Entrepreneurship Faculty Publications

In response to the increased prevalence of remote learning, and exhortation that educators adopt more experiential pedagogy, a methodology is presented to use a free, commercially available game to teach a variety of resource allocation problems in various disciplines. The use of games to provide experiential learning has been shown to increase student enjoyment and mastery of learning outcomes. The technique is appropriate for students at different levels from secondary school through graduate-level university instruction. The lack of cost to the student or university coupled with the ease of adaptability of the game makes the technique widely available to all …

An Analysis Of Anatomy Education Before And During Covid-19: August-December 2020, Stefanie M. Attardi, Derek J. Harmon, Malli Barremkala, Danielle C. Bentley, Kirsten M. Brown, Jennifer F. Dennis, Haviva M. Goldman, Kelly M. Harrell, Barbie A. Klein, Christopher J. Ramnanan, Gary J. Farkas

Faculty and Staff Publications

Coronavirus disease-2019 (Covid-19) disrupted the in-person teaching format of anatomy. To study changes in gross anatomy education that occurred during August-December, 2020 compared to before the pandemic, an online survey was distributed to anatomy educators. The 191 responses received were analyzed in total and by academic program, geographic region, and institution type. Cadaver use decreased overall (before: 74.1 ± 34.1%, during: 50.3 ± 43.0%, P < 0.0001), as well as across allopathic and osteopathic medicine, therapy, undergraduate, and veterinary programs (P < 0.05), but remained unchanged for other programs (P > 0.05). Cadaver use decreased internationally and in the US (P < 0.0001), at public and private (P < 0.0001) institutions, and among allopathic medical programs in Northeastern, Central, and Southern (P < 0.05), but not Western, US geographical regions. Laboratories during Covid-19 were delivered through synchronous (59%), asynchronous (4%), or mixed (37%) formats (P < 0.0001) and utilized digital resources (47%), dissection (32%), and/or prosection (21%) (P < 0.0001). The practical laboratory examination persisted during Covid-19 (P = 0.419); however, the setting and materials shifted to computer-based (P < 0.0001) and image-based (P < 0.0001), respectively. In-person lecture decreased during Covid-19 (before: 88%, during: 24%, P = 0.003). When anatomy digital resources were categorized, dissection media, interactive software, and open-access content increased (P ≤ 0.008), with specific increases in BlueLink, Acland's Videos, and Complete Anatomy (P < 0.05). This study provided evidence of how gross anatomy educators continued to adapt their courses past the early stages of the pandemic.

Telemedicine And The Cloud Computing: A Path To The Future, Abdul Samad Qurashi Mohammed

All Capstone Projects

The medical industry is quickly adapting to keep up with the rapid improvements in technology. The use of the technical developments that had been made in this area resulted in the conception of " telemedicine”. Methods that were previously imprecise, time-consuming, and riddled with errors are being phased out in favor of more efficient ones that make use of the internet. These methods make it possible to access data in real time while maintaining a high level of authentication. The concept revolves on the use of cloud computing and the broadcasting of media in real time. The data is uploaded …

Rent-A-Car, Mohammed Mateen Khan

All Capstone Projects

The Rent-a-Car application will improve the efficiency of the web-based Rental Car business. A renter can reserve a car from anywhere in the world. Renters from all around the world will be able to book cars through our website. The owner enters their vehicle information, which is shown on the main page. A renter who has registered on the website has the option of reserving the car they require. The renter pays the owner for the car rental and can reserve it whenever they want. The money will be deposited into the car owner's account. The vehicle's condition and details …

Data Leaks Detection Mechanism For Small Businesses, Hannan Mohammed Abdul

All Capstone Projects

The protection of sensitive customer information is a vital responsibility for companies of all sizes. In modern times, there is a significant need for not only protecting the data that is being shared but also gaining knowledge of its leakage points and the circumstances under which it is compromised. After locating the location where data is being lost, it is necessary to identify the person responsible for the breach. When it comes to protecting a company from suffering significant financial damage because of data leakage throughout the course of normal business operations, it is very essential to have a solid …

Rent-A-Car, Faheemuddin Mohammed

All Capstone Projects

The Rent-a-Car application will improve the efficiency of the web-based Rental Car business. A renter can reserve a car from anywhere in the world. Renters from all around the world will be able to book cars through our website. The owner enters their vehicle information, which is shown on the main page. A renter who has registered on the website has the option of reserving the car they require. The renter pays the owner for the car rental and can reserve it whenever they want. The money will be deposited into the car owner's account. The vehicle's condition and details …

Management System For A Restaurant, Prudveer Karne

All Capstone Projects

The Management System for a Restaurant is a web-based application. The main aim is to provide better communication between customers and restaurants. By using this application, the user can order from any location. This application will reduce all the manual processes. So, users can view the restaurant menu from nearby locations, and can place an order and view the status of the order like cooking/packed/delivered. There are three main actors in this application: Admin, Restaurant manager and User. The admin will create all menus with their corresponding price lists. Also, the admin will be able to view statistical reports for …

Rent-A-Car, Irfan Mohammad Masood Ali

All Capstone Projects

The Rent-a-Car application will improve the efficiency of the web-based Rental Car business. A renter can reserve a car from anywhere in the world. Renters from all around the world will be able to book cars through our website. The owner enters their vehicle information, which is shown on the main page. A renter who has registered on the website has the option of reserving the car they require. The renter pays the owner for the car rental and can reserve it whenever they want. The money will be deposited into the car owner's account. The vehicle's condition and details …

Management System For A Restaurant, Srikar Macha

All Capstone Projects

The Management System for a Restaurant is a web application that allows customers to make online orders by choosing their favorite food items from the restaurant's menu. This website's user-friendly layout organizes a variety of food items. Customers can order food courses and items online and pick them up at a nearby location. This web application consists of a database that stores information about customers, the food menu, and inventory. This application provides a feasible way to order inventory for owners. The motive for designing this web application is to encourage the cloud kitchen concept. Nowadays, due to COVID, most …

Management System For An Apartment, Srihari Mondem

All Capstone Projects

We all know that the population is growing daily, and the existing resources are not satisfying the population's needs. If we consider a city where in finding a home for rent, knowing the amenities of the house, rent of the house, location of the house is difficult. In the current system, finding a house for rent is difficult for a tenant, but managing the home by the owner is also a complicated issue. Keeping in mind about the issues of the tenant and owner, a new application is developed which is known as Management system for Apartment.
This application will …

Management System For An Apartment, Sai Mohan Manukonda

All Capstone Projects

We all know that the population is growing daily, and the existing resources are not satisfying the population's needs. If we consider a city where in finding a home for rent, knowing the amenities of the house, rent of the house, location of the house is difficult. In the current system, finding a house for rent is difficult for a tenant, but managing the home by the owner is also a complicated issue. Keeping in mind about the issues of the tenant and owner, a new application is developed which is known as Management system for Apartment.
This application will …

Management System For A Restaurant, Naga Nikhila Vallabhaneni

All Capstone Projects

The Management System for a Restaurant is a web-based application. The main aim is to provide better communication between customers and restaurants. By using this application, the user can order from any location. This application will reduce all the manual processes. So, users can view the restaurant menu from nearby locations, and can place an order and view the status of the order like cooking/packed/delivered.

There are three main actors in this application: Admin, Restaurant manager and User. The admin will create all menus with their corresponding price lists. Also, the admin will be able to view statistical reports for …

Registration (Management) System For An Academic Conference, Sravya Lingala

All Capstone Projects

In every college or university, people will conduct different academic conferences so that students will know what is going on in the world related to the latest technological updates. The conference information should be distributed globally to reach a larger number of people. For many people, physical communication is insufficient, and it won't help people clear their doubts. We propose an online registration management system for the conduct of academic conferences in any college or university to overcome all of the limitations of a physical system in conducting the conference.

This new web application will reach every nook and cranny …

Registration (Management) System For An Academic Conference, Manikanta Borra

All Capstone Projects

In every college or university, people will conduct different academic conferences so that students will know what is going on in the world related to the latest technological updates. The conference information should be distributed globally in order to reach a larger number of people. For reaching many people, physical communication is not sufficient, and it won't help the people to clear their doubts. We propose an online registration management system for the conduct of academic conferences in any college or university to overcome all of the limitations of a physical system in conducting the conference.

This is a new …

Career Engine, Aishwarya Lankoti

All Capstone Projects

Career Engine is a website where people can search for jobs, apply for one or multiple positions, or review a company as a current or past employee. A recruiter, who represents a company, can post openings on the website, contact applicants, or conduct interviews. Job postings on this website are free to be searched or browsed by anyone visiting the site. However, if one needs to apply for a job, this user needs to register with or log in to the website. All recruiters also need accounts to post job openings.

By using this website, companies or recruiters can also …

Career Engine [Jobesy], Tejaswini Kapa

All Capstone Projects

The "Career Engine" software is focused with job posting and registration. We may also use this application to look for employment openings in a certain location, and the name of the firm will be presented. Timings and other details are also available online. It will assist you in applying for a better job than the one you now have. Position seekers may select and register for positions that interest them, and the information received from the recruiter providing the job will be shown on the job details site. We chose the MERN stack to develop our "JobEsy" career engine website, …

Registration Management System For Online Learning, Vishal Reddy Shyamala

All Capstone Projects

As there are so many changes occurring in the current education system. If we see the last 2 years, most of the student community faced a lot of issues in attending classes. To overcome all those issues, all the educational organizations transformed their current manual teaching-learning system into an online learning system. Sudden transformation to an E-Learning system is creating issues like managing the students, schedules, communication, and other information. Keeping all this in mind, we want to manage all the student and teacher data with the help of automating the current manual system.

To learn the courses online, educational …