Digital Commons Network^™

Real Problems, Virtual Solutions: The (Still) Uncertain Future Of Virtual Child Pornography Legislation, Jacqueline B. Watanabe

Journal of Technology Law & Policy

As of February 2002, more than half of the U.S. population was online, with a rate growth of Internet use of two million new users per month. Use of the Internet crosses economic, cultural, and educational lines, and is increasing for people regardless of income, education, race, ethnicity or gender. Its applications enhance many aspects of our lives, with an expanding range of activities including such things as e-mail, searching for product and service information, making online purchases, and searching for health information.

Unfortunately, while the Internet has unprecedented potential to enhance our daily lives, there is also a dark …

Finders Keepers? The Repatriation Of Egyptian Art, Aisha Y. Salem

Journal of Technology Law & Policy

Ancient Egypt is an era in history that has drawn immense fascination for hundreds of years. Ancient Egyptians contributed much to modern-day civilization, including both mathematics and engineering. Perhaps the ancient Egyptians’ most valuable contributions were the beautiful objects of art we have come to admire. Ancient Egyptian art has been adored and studied all over the world. However, many Egyptians would prefer for that art to be adored at home, in Egypt.

Most of the artifacts Egypt seeks to recover were taken from inside its borders during the late eighteenth and early nineteenth centuries. In fact, Europe’s fascination and …

The Dialectic Relationship Between Different Concepts Of Property Rights And Its Significance On Intellectual Property Rights, Vincenzo Vinciguerra

Journal of Technology Law & Policy

The purpose of this Article is to facilitate an understanding of the nature of Intellectual Property Rights (IPRs) through an analysis of different ideas of property rights, as enshrined and elaborated by law and political literature.

In the second part of the Article, peculiarities of IPRs and their main differences from property rights are sketched out. Furthermore, a methodological approach is briefly drawn. The third part takes into account the rationale and the purposes of property rights according to the main philosophical and political mainstreams in the United States in the twentieth century. The fourth, and last part, is devoted …

Thinking Outside The Pandora's Box: Why The Dmca Is Unconsitutional Under Article I, § 8 Of The U.S. Constitution, Joshua Schwartz

Journal of Technology Law & Policy

In 1998 Congress passed the Digital Millennium Copyright Act (DMCA) in response to perceived evils unleashed upon copyright holders by the advent of affordable digital technology allowing consumers to make perfect serial copies of works encoded in digital media with little difficulty and little cost. A panicked entertainment industry convinced Congress that, unless a new law was passed to prevent this sort of copying, it would be the end of the entertainment industry as we know it. Industry members claimed that, without broad protection outlawing new copying technologies, illegal copies would be freely traded with little to no control. They …

Choice Of Law In International Copyright: The Split Of Authority Between The Second And Ninth Circuits Regarding Extraterritorial Application Of The Copyright Act, Robert H. Thornburg

Journal of Technology Law & Policy

Despite the coming of age of Internet dissemination of international works of authorship, and the general ease of obtaining a variety of international newspapers, records, and films, the current state of U.S. law in the field of ascertaining choice of law in copyright matters remains in an “isolationist position.” As asserted in Itar-Tass Russian News Agency v. Russian Kurier, Inc., the “[c]hoice of law issues in international copyright cases have been largely ignored in the reported decisions and dealt with rather cursorily by most commentators.” Despite deeper implications of foreign laws regarding international dissemination of domestic works of authorship, …

Should Congress Do Something About Upstream Clogging Caused By The Deficient Utility Of Expressed Sequence Tag Patents?, Cynthia D. Lopez-Beverage

Journal of Technology Law & Policy

Because DNA sequences are genetic “information,” should that not distinguish them from other chemical compounds in the context of a patent system? This wide-ranging question continues to be hotly debated by individuals in every walk of life. There is a distinct lack of agreement, even among the Justices of the U.S. Supreme Court, the CAFC, and the Board of Patent Appeals and Interferences (BPAI). Though several cases have held that DNA sequences are mere chemicals, more recent cases have addressed the distinction between the written description and enablement requirements for patentability. The courts in those cases have found sufficient differences …

Patently Irrelevant? Use Of Foreign Prosecution History As Extrinsic Evidence During Litigation Of A Counterpart U.S. Patent, Elizabeth Cowan Wright

Journal of Technology Law & Policy

It is well-known proposition that foreign decisions relating to patentability have no bearing on U.S. patentability. For this reason, the prosecution history of a foreign patent may not be relevant to a patent infringement suit of a counterpart U.S. patent. Despite its potential irrelevance, some courts will admit evidence from a foreign prosecution history during litigation of a counterpart U.S. patent. Courts generally admit evidence from a foreign prosecution history in one of two contexts. Such evidence is either admitted during claim construction or when a court is considering the scope of equivalents available to a patentee.

This Article summarizes …

Night Shift Report: A Critical Thinking Activity For Nursing Students, Jennifer Cowley

Greater Faculties: A Review of Teaching and Learning

No abstract provided.

Can Social Media Corporations Be Held Liable Under International Law For Human Rights Atrocities?, Juliana Palmieri

Pace International Law Review

This article examines the relevant international law associated with genocide and hate speech and examines whether there are any legal grounds to hold a corporation liable for how people chose to use its product or service in relation to human rights violations. The analysis begins with a brief overview of international criminal and human rights law, relevant treaties, jurisdictional issues, and the legal theories of corporate criminal liability and complicity. Because current international law provides no clear answer, this article proposes that international courts use a balancing test which evaluates a non-exclusive list of ten main factors.

World War I And The Armenian Genocide: Laying The Groundwork For Crimes Against Humanity, Julia Koch

Pace International Law Review

For all of its advancements in international law, including delivering justice to the war criminals of the Second World War, the International Military Tribunal in Nuremberg has long been tainted with accusations of victors’ justice and criticized for violating the principle of nullem crimen sine lege. Such is the case for crimes against humanity, a crime that did not exist in positive international law until the 1945-46 legal proceedings in Nuremberg. But the historiography of the First World War—an era where punishment for war crimes is generally viewed as a wholesale failure—provides an additional, indeed novel, basis for understanding …

Intellectual Property Rights And Competition Law For Transfer Of Environmentally Sound Technologies, Mahatab Uddin

Pace International Law Review

Battling against climate change, “a common concern of humankind,” is the most prominent global challenge of this century, and Environmentally Sound Technologies (“ESTs”) are the main tools to fight this battle. This article examines the juxtaposed role of Intellectual Property Rights (“IPRs”) and competition laws in facilitating wide-scale innovation and transfer of ESTs in developing and least developed countries. This article covers diverse IPRs, including patents and trade secrets. The discussion and analysis of the IPRs are based on the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). And the discussion on competition law mainly focuses on competition related …

Maritime Security And Threat Of A Terrorist Attack, Aniruddha Rajput

Pace International Law Review

The incidents of terrorism have multiplied and so have the routes through which the terrorists reach their targets. There is a threat of a terrorist attack from the sea route aimed at targets on the land. Until now the academic scholarship as well as treaty practice has focused on challenges of terrorism to the safety of navigation rather than terrorist threats originating from the sea. Efforts at treaty making in this direction in the past are inadequate to address the problem. This article analyses the legal framework within which response may be undertaken to neutralize a terrorist threat through preventive …

Characterization Of Gas Hydrate Formation And Its Impact On Slope Stability In Offshore Environments, Sulav Dhakal

LSU Doctoral Dissertations

Natural gas hydrates (NGH) are predominantly methane hydrates formed at high pressure and low temperature conditions typically in submarine sediments and permafrost. This dissertation is focused on the submarine methane hydrates formed by upward migration of free and dissolved gas. The methane gas stored within natural hydrates has more energy potential than all the combined oil and gas resources around the world. Numerical simulation of fluid flow, heat transport, and geomechanical stresses is used to characterize and evaluate the saturation, distribution, reservoir quality, and geohazards associated with hydrate-bearing sediments. Coupled thermo-hydro-mechanical (THM) simulation of hydrate formation, dissociation, and slope stability …

Who Is ‘Slapping’ Whom?, Juan Chavarria, Javier Flores, Salman Mostafa, Marian Riedy

Mountain Plains Journal of Business and Technology

A majority of the states and the District of Columbia have enacted “anti-SLAPP” statutes, which set forth a procedure for obtaining an early dismissal of a “strategic lawsuit against public participation,” or a “SLAPP,” as labeled by George W. Pring and Penelope Canan. These types of cases, often alleging defamation or a similar tort, should be discouraged, according to the anti-SLAPP advocates, because the true intent of the plaintiff is to “chill” speech rather than obtain compensation. The paradigm of a SLAPP is a lawsuit filed by a large, well-funded corporation against an “ordinary citizen” who has spoken out in …

Assessment Of Teachers' Perception Of The Provision, Use, And Maintenance Of Information And Communication Technology Facilities (Ict) In Ekiti State Primary School Libraries In Nigeria, Mensah Prince Osiesi, Chigozie Celestina Oke Dr, Adejimi Oluwatobi Busiyi Mr, Adenike Lucia Arulebe Mrs, Nnaemeka Chijioke Okorie Mr, Onyiye Maureen Okoh Mrs

Library Philosophy and Practice (e-journal)

This study assessed teachers' perception of the provision, use, and maintenance of ICT facilities in Ekiti State Primary school libraries in Nigeria. The study adopted the descriptive survey research type. The population of the study comprised all public primary school teachers in Ekiti State. The multistage sampling procedure was used in selecting the sample for the study. An instrument termed "Teachers' Perception of the Provision, Utilisation, and Maintenance of ICT Facilities in Primary School Libraries Questionnaire" was used for data collection, and was validated with its reliability ascertained. The data collected were analysed using descriptive statistics (frequency counts and percentages). …

Crude Extract Of Desmodium Gangeticum Process Anticancer Activity Via Arresting Cell Cycle In G1 And Modulating Cell Cycle-Related Protein Expression In A549 Human Lung Carcinoma Cells, Yuh-Fung Chen, Yi-Hsien Lu, Huei-Yann Tsai

BioMedicine

Background: Desmodium gangeticum (L.)DC., which belongs to the Leguminosae family, has been used in Taiwan and other subtropical countries as an external medicine to remove blood stasis, activate blood circulation, and reduce inflammation. It has been reported to have antioxidant effects and improve inflammatory responses in rats stimulated by pro-inflammatory agents and induced gastric ulcers in experimental animals over the past few decades. This plant has also been used to treat parasitic infections, but there are no reports regarding its effects on lung cancer. Therefore, this study attempted to investigate its water crude extract (in abbreviation DG) on lung …

Saving The Boys: Anticipating Moral Engagement In Lord Of The Flies, Tanya Alfaro

Theses and Dissertations

William Golding’s Lord of the Flies (1954) is a paradoxical novel that highlights a constant conflict stemming from the inner-self of human nature promoted by the setting. Because adults often resemble children in many aspects and most of the time they don’t know what to do or make poor decisions, Golding formed his characters to be pre-adolescent children as a means to subtly point at humanity’s self-destructive traits. Therefore, if readers recognize the state of the boys’ morality, if they understand that they, like people, are imperfect beings, and if they acknowledge that they are prone to immorality, could they …

County Monaghan Social Enterprise Strategy 2021-2025, Gerard Doyle, Tanya Lalor

Reports

No abstract provided.

Animal-Rights Primitivism: A Vital Needs Argument Against Modern Technology, James Robert Schultz

Between the Species

In this essay, I argue that those who embrace animal rights should also embrace primitivism—the view that humans should abandon modern technology and take up something like hunter-gatherer technology instead. I call my view “animal-rights primitivism” to distinguish it from human-centered arguments for primitivism. In particular, I employ a vital-needs framework to make my argument. I argue that hunter-gatherer technology is the least harmful kind of technology, it is sufficient to meet human vital needs, and it is possible for humans to make the transition to hunter-gatherer technology while still meeting their vital needs. Alternatively, I argue that even if …

The Hustler Award Program, Julia N. Biayi

Dissertations

Problem: Hospitalized adults are at increased risk of falling due to multiple aspects, including but not limited to changes in health status, the environment, pain, weakness, confusion, and prolonged immobility. This project focused on the question: How will the utilization of the Hustler Award Program decrease fall rates in an adult inpatient medical-surgical unit?

Method: A prospective quality improvement pilot study focused on a 24-bed medical-surgical unit in a Midwest, 487-bed metropolitan-based facility.

Results: The results captured are for the evaluation period occurring from September through November 2021. The staff responded to 52-bed exit alarms, which yielded a response rate …

Antonio Dejesus Nunez V. Attorney General United States

2022 Decisions

Agency

Usa V. Nakia Adams

2022 Decisions

USDC for the Eastern District of Pennsylvania

Antionette Bryant V. Commissioner Social Security

2022 Decisions

USDC for the Western District of Pennsylvania

Metasoftware: Building Blocks For Legal Technology, Houman Shadab

Seattle Journal of Technology, Environmental, & Innovation Law

This Article develops a novel concept in information technology called “metasoftware.” It then applies the concept of metasoftware to developing legal technology.

Metasoftware enables users to create the software of their choosing and stands in sharp contrast to traditional, functional. Functional software is the default type of software that is currently produced and includes word processing, email, social networking, enterprise resource management, online marketplaces, and video game software. Metasoftware, by contrast, is not functional. Metasoftware presents the user with a blank slate upon which to build functional software.

I argue that software is metasoftware to that extent that (1) it …

"I'M Concerned About This Post": Combatting Fake News On Social Media, Jake Latimer

Seattle Journal of Technology, Environmental, & Innovation Law

The public concern over the spread of “fake news” on social media has increased over the last decade. Large social networking platforms like Facebook and Twitter have attempted to address fake news by flagging it as misleading. Even former President Trump has seemingly exhibited a sense of paranoia over its spread. While the term “fake news” is often used as a political weapon to discredit unfavorable information and opinions, fake news refers to factually false or grossly misleading content likely designed to sway or entrench one’s opinion on a particular topic. The pervasiveness of this type of fake news on …

Delays In Presentation By Patients With St Elevation Myocardial Infarction: A Single Centre Experience From Oman, Suhaib Almashari, Yasir Al-Malki, Adil Al-Riyami, Sunil K. Nadar

Sultan Qaboos University Medical Journal

Objectives: To assess the causes of delay for presentation with ST elevation myocardial infarction (STEMI). Methods: Patients who presented with STEMI to the Emergency Department at the Sultan Qaboos University Hospital, Muscat, Oman between January 2017 and December 2019 and were admitted for primary angioplasty were included in this study. Results: A total of 101 patients were included with a mean age of 54.8 + 10.8 years and the majority were male patients (n = 80; 79.2%). The median (interquartile range) pain-to-door time was 60 min (30–120 min). There were 66 (65.4%) patients who arrived within 90 minutes. All except …

A Pandemic Of Separation Of Powers Violations In Texas: The Interrelationship Of The Texas Disaster Act And Texas Gov’T Code Section 22.0035, Ron Beal

St. Mary's Law Journal

This Article is on the interrelationship of the Texas Disaster Act and Texas Government Code Section 22.0035. The author demonstrates that the Governor of Texas and the Texas Supreme Court have grossly violated the separation of powers on a continuing basis since March 29, 2020 by Governor Abbott issuing Executive Order 13, which prohibits the granting of bail to anyone awaiting trial, and the Texas Supreme Court’s unwillingness to invalidate that order administratively or judicially. Finally, the Article addresses the nearly one thousand district and county court judges who are constantly violating the separations of powers by failing to invalidate …

Chorale And Collapse: An Analysis Of Mahler's Sixth Symphony, Benjamin G. Schweitzer

Student Theses

Gustav Mahler's Sixth Symphony in A minor, commonly known as the "Tragic," has become one of the Austrian symphonist's most celebrated works. This monumental symphony's direct and powerful expression have assured its place in the concert hall and its labyrinthine structure and wealth of intricate detail have made it an object of fascination for countless analysts and commentators through to the present day. My analysis of the symphony works up from the smallest elements of its harmonic progression and harmony to large-scale issues of tonality and form. In the process, I reveal the connections that bind all of the symphony's …

2022 Commencement Program (Classes Of 2020, 2021, And 2022), New York Law School

Commencement Programs

No abstract provided.

Eating Behaviour-Consumption Frequency Of Certain Foods In Early Childhood As A Predictor Of Behaviour Problems: 6-Year Follow-Up Study, Ammara Ajmal, Kumi Watanabe, Emiko Tanaka, Yuko Sawada, Taeko Watanabe, Etsuko Tomisaki, Sumio Ito, Rika Okumura, Yuriko Kawasaki, Tokie Anme

Sultan Qaboos University Medical Journal

Objectives: This study aimed to evaluate food consumption frequency in 1–6-year-olds as an eating behaviour-related predictor of behavioural problems over a span of six years. Eating behaviour in early childhood serves as a foundation for future health outcomes. Diet patterns can have long-term beneficial or adverse effects on social behaviour development. Methods: This longitudinal study was performed based on information obtained between July 2011 and August 2017 provided from a project named ‘Community Empowerment and Care for Wellbeing and Health Longevity’ initiated in 1991; the current study involved 124 mother-child dyads from the project. Children aged 1–6 years were studied …