Digital Commons Network^™

It's A Deal: Forging Media Righs Deals In Response To Spectator Live Streaming, Samanta C. Franchim

Journal of Technology Law & Policy

This Note explores why the law should address the issue of spectator live streaming and suggests a solution to this problem. This Note presents its arguments in four parts. Part I explains current copyright law and examines courts’ interpretation of what is copyrightable in the context of live athletic events. Part II focuses on the growing popularity and use of live streaming technology, specifically Periscope, and the legal implications that arise while using this technology in the context of live sporting events. Part III explains why current legal remedies fail to adequately protect professional sports leagues and broadcasters, and examines …

Autonomous Vehicle Testing Legislation: A Review Of Best Practices From States On The Cutting Edge, Rustin Diehl, Matthew I. Thue

Journal of Technology Law & Policy

This Article aims to bring autonomous vehicle testing legislation to the attention of lawmakers who have not yet considered the issue, and to provide encouragement and additional guidance for expansion of legislation at the state level. It does so in three parts. First the article briefly reviews the history of autonomous vehicles. Second, it discusses some of the ways that autonomous vehicles could impact society, and explains why lawmakers might be interested in facilitating the safe and orderly deployment of the technology. Finally, the article reviews the current state of the existing legislation and offers some best practices for implementation …

Cybersecurity Oversight: A Cautionary Tale For Directors, Harris Yegelwel

Journal of Technology Law & Policy

This Note seeks to explore the impact of cybersecurity in a particular context: corporate law. Specifically, this Note examines whether a Board of Directors (Board) should be liable for breach of fiduciary duty for failure to take reasonable and prophylactic measures to protect sensitive corporate data. As the magnitude and sophistication of cyberthreats advances, the resulting harm to corporations develops as well. Corporations are implementing enough cybersecurity measures to protect their data and sensitive information, and existing law does not create sufficient incentives for corporations and their Boards to take necessary precautions to protect sensitive information from cyberthreats. To complicate …

Corporate Compliance In The Computer Age, Sean G. Hipworth

Journal of Technology Law & Policy

The author’s focus is on two general areas of compliance risk: bribery and data protection. The objective is to highlight risk factors and propose solutions. The risks or solutions may have both human and technological elements. Both will be discussed as they are often complementary and neither exist in a vacuum.

Full-Court Press: Fantasy Sports, The Right Of Publicity, And Professional Athletes' Interest In The Live Transmission Of Their Statistical Performances, Michael B. Greenberg

Journal of Technology Law & Policy

Many scholarly articles have focused on whether professional sports leagues and their athletes have a right of publicity when it comes to the unlicensed use of daily statistical performances by fantasy sports websites. The unambiguous trend in recent court decisions is that such statistics are not protectable because they are “news” within the public domain. I submit, however, that the live transmission of such statistics without the licensed consent of athletes of leagues violates the professional athlete’s right of publicity. Accordingly, to be allowed to transmit these statistics as the game is being played, fantasy sports website operators should have …

Bowers V. Baystate Technologies: The Unfair Use Doctrine Of Reverse Engineering, Nicholas Camillo

Journal of Technology Law & Policy

The goal of copyright law is utilitarian in nature; it is to disseminate artistic and scientific works that will ultimately benefit society. Copyright law provides an incentive for authors to create new expressive works by granting them exclusive rights so that they may receive economic benefits for their work. Computer software has become difficult to place within the context of copyright law because it is challenging for authors of computer software to disseminate their ideas and simultaneously control access to their work so that they may benefit financially from its reproduction. The fair use defense for reverse engineering is thought …

The Undue Reliance On Physical Objects In The Regulation Of Information Products, Pascale Chapdelaine

Journal of Technology Law & Policy

The purpose of this Article is to critically analyze the root causes and justifications supporting the different treatment of information products that are embodied in a physical object from the ones that are not. The divide in the treatment of different forms of property is to a large extent arbitrary and we need to take a closer look at the profound effects that it may have on the regulation of information products, and the balance of powers between suppliers and recipients. Part II considers the effects of the overemphasis on a physical object in defining goods and services and the …

Crime In The Evolved Digital Age, Anar Patel (Now Kanwar)

Journal of Technology Law & Policy

This Article examines computer crime statutes and focuses on their weaknesses to implement statutory modifications. Part I provides an overview on the current federal statute, Computer Fraud and Abuse Act, and specific computer crime statutes from California, Vermont, Arkansas and Arizona. Part II focuses on states’ approaches to computer crimes. Part III highlights potential statutory weaknesses and suggests possible amendments to federal and state legislation. Finally, Part IV of this Article concludes with a unique perspective of computer fraud, specifically hacking, in relation to financially motivated crimes.

The Coming Ubiquity Of Ada Compliance To The Internet And Its Extension To Online Education, Nathaniel Vargas Gallegos, Jesse Sealey

Journal of Technology Law & Policy

It is the purpose of this article to highlight the ADA and Rehabilitation Act requirements, contemporary case law to the ADA and websites generally, a focused application to higher education institutions, and other applicative illustrations from practice in the field.

The Article will thoroughly trace the statutory, regulatory, and case law as per the ADA and online modalities for state and private actors. The article will conclude with the extensions to online higher educational courses and the new realities of compliance with the ADA.

Using Hospital Bed Capacity Prediction During Covid-19 To Determine Feature Importance, Helene Barrera, Justin Ehly, Blake Freeman, Chris Papesh, Brad Blanchard

SMU Data Science Review

The COVID-19 pandemic has exacerbated existing hospital capacity limitations in the United States, causing hospitals in certain regions to hit maximum capacity. The purpose of this study is to investigate key features of COVID-19 related admissions to help create a higher level of public understanding and help guide healthcare management professionals and governments when considering preventive measures. The introduction of preventative measures and new regulations during the pandemic have led to the generation of multiple types of models and feature selection methods in the field of Machine Learning that are increasingly complicated. This study focuses on the exploration of feature …

A Machine Learning Approach To Revenue Generation Within The Professional Hair Care Industry, Alexander K. Sepenu, Linda Eliasen

SMU Data Science Review

The cosmetic and beauty industry continues to grow and evolve to satisfy its patrons. In the United States, the industry is heavily science-driven, innovative, and fast-paced, suggesting that to remain productive and profitable, companies must seek smart alternatives to their current modus operandi or risk losing out on this multi-billion-dollar industry to fierce competition. In this paper, the authors seek to utilize machine learning models such as clustering and regression to improve the efficiency of current sales and customer segmentation models to help HairCo (pseudonym for confidentiality), a professional hair products manufacturer, strategize their marketing and sales efforts for revenue …

Web Page Multiclass Classification, Brian Gaither, Antonio Debouse, Catherine Huang

SMU Data Science Review

As the internet age evolves, the volume of content hosted on the Web is rapidly expanding. With this ever-expanding content, the capability to accurately categorize web pages is a current challenge to serve many use cases. This paper proposes a variation in the approach to text preprocessing pipeline whereby noun phrase extraction is performed first followed by lemmatization, contraction expansion, removing special characters, removing extra white space, lower casing, and removal of stop words. The first step of noun phrase extraction is aimed at reducing the set of terms to those that best describe what the web pages are about …

Identifying Locations Of Violent Injuries In Las Vegas To Implement The Cardiff Violence Prevention Model, Samuel Vonpaays Soh, Kristi L. Herman, Chris Papesh, Tim Musgrove, Ying Zhang

SMU Data Science Review

Public violence in the United States is a major health concern. Incidents involving violent crimes are often not reported to law enforcement. The Cardiff Model is a violence prevention program developed in the UK to identify and enable data sharing of violent injury locations between Emergency Rooms (ER) and local law enforcement to help identify areas for community improvements. The model is now in use in several major cities in the US to reduce violence. Las Vegas has seen an increase in public violence in recent years. As a result, researchers from the Southern Nevada Health District (SNHD) and University …

The Ripple Effect Of Intellectual Property Policy: Empirical Evidence From Stem Cell Research And Development, Yael Bregman-Eschet, Sharon Bar-Ziv, Talya Ponchek, Niva Elkin-Koren

Journal of Technology Law & Policy

No abstract provided.

Total Surveillance, Big Data, And Predictive Crime Technology: Privacy's Perfect Storm, Kevin Miller

Journal of Technology Law & Policy

No abstract provided.

What Do We Worry About When We Worry About Price Discrimination? The Law And Ethics Of Using Personal Information For Pricing, Akiva A. Miller

Journal of Technology Law & Policy

In debates over new information technologies, it is sometimes argued that an important reason to protect privacy is the possibility that personal information may be used to subject shoppers to price discrimination based on their identity, traits, or habits. Although this argument appears in numerous places, it has heretofore received little comprehensive treatment. This Article seeks to explore the legal and ethical principles implicated in the use of personal information for retail pricing. It strives to articulate the case for regulating the information flows between sellers and buyers because of the effects that information might have on the prices that …

Jury Misconduct: Can Courts Enforce A Social Media And Internet Free Process? We "Tweet," Not, Ahunanya Anga

Journal of Technology Law & Policy

This Article argues that in light of the information age, the natures of jurors have changed. Now, information is readily accessible, easily digestible, and heavily relied upon. Modern jurors are equipped with the internet on many electronic gadgets, and there is no longer a waiting period to access information; it is all at their fingertips (i.e., Google, Bing, Yahoo, smart phones and Wikipedia). Jurors seek information about a defendant, a defective product forming the basis of a lawsuit, or any other information pertaining to the trial they are asked to decide. We are seeing more and more jury …

Psychological Essentialism And Opposition To Human Embyonic Stem Cell Research, Kerry Lynn Macintosh

Journal of Technology Law & Policy

This Article proceeds in four parts. Part I explains the basics of psychological essentialism in order to equip the reader with the background needed to understand the analysis to come. Part II reveals the link between essentialism and opposition to hESC research. More specifically, it documents evidence of essentialist intuition in Roman Catholic teachings and federal government reports. Next, Part III examines the connection between essentialism policies and laws that restrict hESC research and its funding. Finally, this Article presents recommendations for promoting the legality and financial viability of hESC research.

A History Of Cronyism And Capture In The Information Technology Sector, Adam Thierer, Brent Skorup

Journal of Technology Law & Policy

“Cronyism,” which generally refers to an anticonsumer and corrupting affiliation between government and special interests, is a growing bipartisan concern today. “Cronyism” is popular shorthand for government-granted privileges or favoritism, which come in many flavors and have many economic and social costs. This Article documents the evolution of government-granted privileges in the information and communications technology marketplace and in the media-producing sectors.

Various political privileges have been dispensed in the traditional communications and media markets, most often in the form of regulatory favoritism. Cronyism and government-granted privileges are also creeping into the modern high-tech and Internet-related sectors, most notably in …

When Is Bitcoin A Security Under U.S. Securities Law?, Ruoke Yang

Journal of Technology Law & Policy

Virtual worlds (and their virtual currencies) can trace their roots to the days before computers when people gathered to play, for instance, various board games like Monopoly. As participants in these settings were understood to be engaged in an interactive form of entertainment, their actions there were generally recognized to belong to a realm separate from the real world in which normal rules of the real world were suspended and new rules of the virtual world were introduced. Originally set forth by Johan Huizinga in 1938, this “magic circle” concept of the demarcation of games from reality has gained prominence, …

The Many Masks Of Anon: Anonymity As Cultural Practice And Reflections In Case Law, Victoria Smith Ekstrand

Journal of Technology Law & Policy

While this Article is interested in the law of anonymous speech generally, it is more interested in how and whether courts acknowledge and comprehend the complexity of anonymous speech actions, particularly in online contexts. However, because courts will grapple with online anonymous speech cases now and in the future, they will be compelled to take their cues from larger and still-developing social norms regarding online speech and the developing social norms for speaking anonymously online. Exactly what kind of online anonymous speech should be allowed to retain its mask is, in many ways, only now being worked out, both in …

A Line Becomes A River: An Introduction To The Border, Riley Red Klug

Journal of the Campus Read

The campus read of 2021-2022, A Line Becomes a River by Francisco Cantu, tells a wonderful story of identity, history, and immigration. This story brings up a number of broader contemporary topics of politics, human rights, and militarization of the border, and nuanced topics such as the harshness of many border patrol workers, the laws they enforce and follow, and the militarization of the border. These topics and their real-world manifestations are supplemented by a thorough literature review of works from prominent immigration scholars in fields of social work, anthropology, history, journalism, and government. This paper takes a look at …

Red Flags And Pandemics: Moments Of Hesitation Determine Outcome, Maximilian Bonnici

Journal of the Campus Read

It is often claimed that if the world had been promptly forewarned about COVID-19 in China, it would have acted sooner and prevented a catastrophe. Yet, we are witnessing another Chinese initiative, the Belt and Road policy, which threatens to drown global regions in debt, and many governments are doing nothing to stop it. Hesitation in front of red flags determines humanity’s destination. I use the Azores as an example of being on the receiving end of Chinese expansionism, of how it all started with a group of Chinese tourists fluent in Portuguese, and how this innocent looking factor opened …

Full Issue

Journal of the Campus Read

No abstract provided.

Disentangling Textualism And Originalism, Katie Eyer

ConLawNOW

Textualism and originalism are not the same interpretive theory. Textualism commands adherence to the text. Originalism, in contrast, commands adherence to history. It should be self-evident that these are not—put simply—the same thing. While textualism and originalism may in some circumstances be harnessed to work in tandem—or may in some circumstances lead to the same result—they are different inquiries, and command fidelity to different ultimate guiding principles.

In this Essay, I argue that disentangling textualism and originalism is critical to the future vibrancy and legitimacy of textualism as an interpretive methodology. When conflated with originalism, textualism holds almost endless opportunities …

Logos And Ethos: Heroism And Social Bildung In China, Jiarui Bai

Heroism Science

This article explores how heroism is constructed in China’s sociocultural context of values. It identifies a sociocultural novel, film, and heroic TV program as a mechanism for producing heroism for Chinese society. Furthermore, it explores the heroic principles that are generated by these media and how they inform expected actions in China. The article thus argues that the construction of Chinese heroism embodies specific representations of the expectations of humankind, a kind of “governing by worth” in heroism science. The function of these representations, forming heroic idols, could therefore help individuals become heroes with logos and ethos in pathos, subsuming …

Psychobiology Of Resilience, Rosarina A. J. Pelikan

DNP Qualifying Manuscripts

Nurse managers experience high levels of stress due to the complex bureaucratic and chaotic nature of the job, which can lead to burnout. In nurse managers, burnout negatively impacts the ability to meet the strategic goals of the quadruple aim: patient quality, patient satisfaction, cost savings, and employee well-being. Strategies to address burnout include minimizing or removing unnecessary causes of stress and provide the skills to protect against burnout. Resilience is a competency nurse leaders must have to withstand overwhelming job-related stress. Resilience-enhancing strategies have psychobiologic underpinnings and can be easily incorporated into nurse managers’ work schedules.

Issue 395: June 2-16, 2022, The Local Voice

The Local Voice

No abstract provided.

Vol.49 N.45 June 2nd 2022, Voice Media Ventures

Black Voice News

No abstract provided.

Using Graphic Novels In The Teaching And Learning Of Mathematics And Physics, Jason Ho, Dave Klanderman, Sarah Klanderman, James Turner

ACMS Conference Proceedings 2022

Are you looking for innovative teaching strategies for geometry or other mathematics and physics courses? In this article, we offer a discussion of several graphic novels and their potential for successful teaching and learning at the high school and university levels. We describe how engaging stories, combined with mathematical and scientific meaning found in both text and image, can help to excite students, enrich learning, and explain mathematical concepts. We report on recent data collected from multiple mathematics and physics classes that extend prior research on the use of graphic novels to teach English Language Arts (Boerman-Cornell and Kim, 2020) …