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Polarizing Impact: Indigenous Consultation Under International Labor Organization Convention 169 And The Emerging Polar Shipping Industry, Danika Elizabeth Watson

Fordham Law Review Online

This Article analyzes U.S. ratification of International Labour Organization (ILO) Convention 169, Indigenous and Tribal Peoples Convention (“Convention 169” or “C. 169”), by evaluating the impact in terms of its ability to solidify its protections of the land and lifeways of Arctic Indigenous people and strengthen the United States’s position as an international leader in Arctic life, development, and policy. Part I presents the issues. Part II introduces the growth of a polar shipping industry in the context of a rapidly melting Arctic. Part III provides a brief gloss on the complex and shifting international legal framework governing Arctic sovereignty …

Recording Virtual Justice: Cameras In The Digital Courtroom, Matthew Bultman

Fordham Law Review Online

With in-person hearings limited during the COVID-19 pandemic, many courts pivoted to proceedings held over the telephone or on virtual platforms like Zoom. It appears these proceedings are here to stay, with various benefits having been realized from remote access to the courts. Remote hearings have, however, given rise to constitutional questions. This Essay focuses on one emerging issue: courts’ ability to prohibit the press and the public from recording or disseminating these proceedings. While the constitutionality of recording and broadcasting restrictions inside the real-world courtroom is established, little consideration was given to the extension of these rules to the …

Tenancies Uncommon: Limits On Representing Cotenants Pro Se, Robert L. Bentlyewski

Fordham Law Review Online

An adversary proceeding that was part of the Bernie Madoff bankruptcy litigation involved a fraud victim making a motion to represent pro se the interests of all tenants in common who co-owned an account with Madoff. This Essay analyzes and expands upon the bankruptcy court’s holding, which addressed this novel issue by finding that a tenant in common cannot represent his cotenants pro se for two reasons. First, a tenancy in common is not a legal entity that can speak with one voice. Second, one tenant in common cannot represent one or more other cotenants’ interests in litigation without joining …

Intellectual Heirs Property: Why Certain Musical Copyrights Should Be Included In The Heirs Property Reform Movement, Austin Weatherly

Journal of Intellectual Property Law

The modern heirs property reform movement seeks to ameliorate the issues caused by the procedures governing the inheritance of real property from landowners who die intestate. This procedure can have a negative impact on heirs and the value of their inherited property. The reform movement, as it stands, only seeks to resolve the issues created by these procedures in the real property context. The rhetorical basis for the modern heirs property reform movement largely focuses on closing the racial wealth gap in the United States and slowing the wealth bleed from one black generation to the next. Many of the …

Exposing The “Folklore” Of Re-Recording Clauses (Taylor’S Version), Justin Tilghman

Journal of Intellectual Property Law

Many artists believe that their significance, power, or notoriety comes from how many GRAMMY awards they have won or how well their albums sales do the first week. However, very few artists recognize that the true power comes in the form of owning the rights to their master recordings. Given how difficult it is to achieve commercial success as an independent artist, many artists will turn to major record companies to help with their music production and distribution. This help, however, is not unconditional. The artist will sign over the master recording rights to the song or album to the …

Greasing The Wheels Of Patent Law: Clarifying The Judicial Exceptions Via American Axle & Manufacturing, Inc. V. Neapco Holdings Llc, Michael Oliver

Journal of Intellectual Property Law

Patents stimulate the economy, they give inventors (and investors in the patent) confidence that their work will be protected. You have never been able to patent laws of nature, natural phenomena or abstract ideas. These combine to create the judicial exceptions. The issue is that these terms are so broad that it is difficult to determine when a patent is connected to a judicial exception. The Supreme Court created the Alice test, a two-part test to determine whether a claim is tied to a judicial exception. That was back in 2014 and is the last time the Supreme Court has …

Reconsidering The Willful Blindness Doctrine In Contributory Trademark Infringement, Andrew Ligon Fant

Journal of Intellectual Property Law

The Lanham Act provides for a cause of action of direct trademark infringement. In 1982 the Supreme Court effectively expanded that cause of action by allowing for traditional tort secondary liability in the context of manufacture and distribution of goods. Since that decision, the lower courts have adapted the doctrine of contributory trademark infringement to the modern world. One of those adaptations was the importation of the willful blindness doctrine from criminal law to trademark infringement law. The circuits have divergent standards for what knowledge is required for liability under willful blindness, and the Second Circuit appears to have multiple …

Patent Performativity, Dan L. Burk

Journal of Intellectual Property Law

Gender bias is rife in the patent system; a large and growing body of empirical literature demonstrates the exclusion of women from the patent system at every level. Such pervasive marginalization cannot be explained by the paucity of women in STEM fields. Rather, more fundamental discriminatory mechanisms must be at work. In this paper I examine one aspect of such biases, arguing that patents operate as performatives, that is, as social assemblages that enact what they disclose, and that create their own social facts. To demonstrate patent performativity, I briefly trace the development of performative concepts, from Austinian declarations, through …

Malnpdes Phase Ii Stormwater Rule—Integrating Community Engagement And Engineering Education, Monica Gray

Journal of South Carolina Water Resources

The Engineering Program at Coastal Carolina University seeks to train future leaders who will develop and implement sustainable solutions to global challenges by engaging students in real-world, community-based projects starting with the two-course Cornerstone Sequence. The program’s vision is to: (1) increase participation of underrepresented and minority groups and address the persistent degree attainment gap in engineering; (2) create a learning and professional environment where diversity is celebrated as seminal to program success and where all students, particularly underrepresented and minority groups, thrive and excel; and (3) develop future leaders who are knowledgeable and who are able to apply scientific …

Use Of Coal Ash In Transportation Structures In Indiana, Sung Min Yoon, Nayyar Siddiki

World of Coal Ash Proceedings

No abstract provided.

Impacts On Elementary School Students Related To Covid-19 And The Role Of Social-Emotional Learning In Children’S Mental Health, Amanda Davis

Education | Master's Theses

Research has shown that schools provide an ideal universal location for preventing behavioral issues and supporting students’ mental health (Ball et al., 2016; Daunic, et al., 2021; Maras et al., 2015). A large body of research has also connected students’ social-emotional skills and their attainment of academic success (Cook et al., 2018; Durlak et al., 2011). With this research and the gaining popularity of SEL, more SEL programs are being created, implemented, and evaluated. The purpose of this study was to understand some of the effects of the COVID-19 pandemic on young students' mental health and how teachers have responded …

Fostering Students' Critical Consciousness As Decolonizing Practice Within An Ethnic Studies Framework, Fatima Hansia

Education | Master's Theses

This research explored how teachers were teaching critical consciousness as decolonizing pedagogy within Tolteka R. Cuauhtin’s Ethnic Studies Framework (Cuauhtin, 2019b) at an alternative education high school. Critical consciousness—an expansive term developed by Paolo Freire in the 1960s—advocates for a problem-posing approach to education that includes essential elements of praxis (reflection and action), development of holistic humanity, critical examination of the processes of violence and power, and social-justice oriented self-empowerment among students that leads to actionable community change (Freire, 2005). Even though the conceptualization of Ethnic Studies as a theoretical framework is strong, there is a lack of existing studies …

Lessons Learned: Kinesthetic Learning And Engaging Students With Adhd (In The Time Of Covid), Claudia Freedman

Education | Master's Theses

While many studies have examined the benefits of movement and kinesthetic learning on the engagement of all elementary school-aged children, especially those with Attention Deficit Hyperactivity Disorder (ADHD) or children with common characteristics or behaviors of ADHD (undiagnosed ADHD), less research exists on how the COVID-19 pandemic and hybrid learning affected and continues to impact the engagement of children, especially those with ADHD or undiagnosed ADHD. The purpose of this study was to investigate how teachers engage students, particularly those with ADHD or undiagnosed ADHD, in an elementary classroom using practices from movement, music, dance, and theater, especially during COVID-19. …

Overview Of Optimal Experimental Design And A Survey Of Its Expanse In Application To Agricultural Studies, Stephen J. Walsh

Conference on Applied Statistics in Agriculture and Natural Resources

Optimal Design of Experiments is currently recognized as the modern dominant approach to planning experiments in industrial engineering and manufacturing applications. This approach to design has gained traction among practitioners in the last two decades on two-fronts: 1) optimal designs are the result of a complicated optimization calculation and recent advances in both computing efficiency and algorithms have enabled this approach in real time for practitioners, and 2) such designs are now popular because they allow the researcher to ‘design for the experiment’ by working constraints, cost, number of experiments, and the model of the intended post-hoc data analysis into …

Techniques To Analyze The Pathophysiology Of Aging From Induced Senescence And Sod2 Loss, Asia Davis-Castillo

Natural Sciences and Mathematics | Biological Sciences Master's Theses

Cardiovascular disease is the leading cause of death in the United States. Cardiac function declines with age, and promotes a number of age-related disorders, including atrial fibrillation and heart failure. Mitochondrial oxidative stress has long been suspected as a primary driver of aging pathology in multiple tissues, including the heart and brain. We used several phenotypic assays to characterize chemically-induced accelerated cardiac aging, as well as two transgenic knockout models for heart and brain specific loss of superoxide dismutase (SOD2), a mitochondrial antioxidant protein.

We first accelerated aging in mice by treating with doxorubicin (DOXO), a chemotherapeutic drug. One group …

The Berlin Wall, Abigail Hasselbrink

Prologue: A First-Year Writing Journal

No abstract provided.

Overton Pauley V. Charles Samuels, Jr.

2022 Decisions

USDC for the Western District of Pennsylvania

John Lesko V. Secretary Pennsylvania Departm

2022 Decisions

USDC for the Western District of Pennsylvania

In Re: Kelley Mala

2022 Decisions

USDC for the District Court of the Virgin Islands

Usa V. Martin Mentzer

2022 Decisions

USDC for the Middle District of Pennsylvania

Lorenzo Nichols V. Jeri Smock

2022 Decisions

USDC for the Western District of Pennsylvania

Chad Sasse V. John Wetzel

2022 Decisions

USDC for the Western District of Pennsylvania

Lan Trinh V. David Fineman

2022 Decisions

USDC for the Eastern District of Pennsylvania

Marko Demaske V. Brandon Bonin

2022 Decisions

USDC for the Western District of Pennsylvania

Daniel Reyes-Lopez V. Attorney General United States

2022 Decisions

Agency

Leon Boczkowski V. United States Postal Service

2022 Decisions

USDC for the Middle District of Pennsylvania

Usa V. Nathan Weyerman

2022 Decisions

USDC for the Eastern District of Pennsylvania

Usa V. Nathaniel Coles

2022 Decisions

USDC for the Eastern District of Pennsylvania

Usa V. Aldwin Vega

2022 Decisions

USDC for the Western District of Pennsylvania

Usa V. Mahn Doan

2022 Decisions

USDC for the Eastern District of Pennsylvania