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Labor And Employment Law-Disparate Treatment And Disparate Impact-Assessing A Pregnant Employee's Ability To Bring Suit Under The Second Clause Of The Pregnancy Discrimination Act, Alex Thomason

Tennessee Law Review

No abstract provided.

Contents

Tennessee Law Review

No abstract provided.

Sentencing Rules And Standards: How We Decide Criminal Punishment, Jacob Schuman

Tennessee Law Review

Over the past 300 years, American sentencing policy has alternated between "determinate" and "indeterminate" systems of deciding punishment. Debates over sentence determinacy have so far focused on three main questions: Who should decide punishment? What makes punishment fair? Why should we punish wrongdoers at all?

In this Article, I ask a new, fourth question: How should we decide punishment? First, I demonstrate that determinate sentencing uses rules to decide sentences, while indeterminate sentencing relies on standards. Next, I show how the trigger-based nature of rules-in contrast to the qualitative character of standards-makes them vulnerable to four different kinds of substantive …

Towards Peer Pressure In Post-Disaster Governance: An Empirical Study, Shahla F. Ali

UC Law SF International Law Review

Recent experience reminds us the United States is anything but immune to the effects of major natural disasters; in 2012 Hurricane Sandy demolished the entire eastern seaboard, impacted 24 states and caused $50 billion to $68 billion of damage. As natural disasters occur with increasing frequency, there is growing interest and scholarship in disaster relief governance. Empirical researth regarding the mechanisms of post-disaster local governance is therefore timely given the scale and magnitude of suffering involved. The findings presented in this article driw on the attitudes and perceptions of practitioners working in disaster response fields to provide us with insights …

Journalistic Labour And Technological Fetishism, Edward Comor, James R. Compton

FIMS Publications

Abstract This article applies Marx’s concept of the fetish generally and technological fetishism specifically to how digital ICTs are influencing the craft of journalism. A theoretical analysis of technological fetishism is linked to the findings of a 2013 survey among Canadian journalistic workers. These workers are found to hold mixed and often contradictory views on how digital technologies are shaping their work and profession. We understand ICTs as constitutive of journalism and as a technological fetish which mediates its development. In this context, the survey respondents are not ‘wrong’ to recognize that digital technologies seem to possess inherent powers. Because …

Digital Patent Infringement In An Era Of 3d Printing, Timothy R. Holbrook, Lucas Osborn

Sturm College of Law: Faculty Scholarship

The digital revolution has now moved beyond music and video files. A person can now translate three-dimensional objects into digital files and, at the press of a button, recreate those items via a 3D printer or similar device. Just as digitization placed pressure on the copyright system, so will these digital computer-aided design (CAD) files stress the patent system. Patents directed to physical objects can now have their value appropriated — not by the transfer of physical embodiments — but by the making, selling, and transferring of CAD files designed to print the invention. We term this phenomenon digital patent …

Expressive Eligibility, Timothy R. Holbrook, Mark D. Janis

Sturm College of Law: Faculty Scholarship

What is the ultimate objective of the patent eligibility inquiry? The recent eligibility case law — a frenzied outpouring of opinions from many esteemed judges — has revealed little while mystifying much. Scholars haven’t fared much better, although it isn’t for lack of trying. Our scholarly colleagues have offered a multitude of intriguing new perspectives on the analysis — drawing on history, the philosophy of science, semiotics, institutional choice, and so on. But we continue to wonder exactly what the eligibility inquiry is for.

In addressing that question here, we’re following a familiar methodological tradition: we propose to reimagine eligibility …

Patent-Eligible Processes: An Audience Perspective, Timothy R. Holbrook, Mark D. Janis

Sturm College of Law: Faculty Scholarship

Many of the problems with modern patent-eligibility analysis can be traced back to a fundamental philosophical divide between judges who treat eligibility as the primary tool for effectuating patent policy and those who take patent-eligibility as nothing more than a coarse filter to be invoked in rare cases. After several years in which the coarse filter approach seemed to have the upper hand, the eligibility-as-king approach now is firmly in ascendancy. This Article, resists that trend, exploring more centrist approaches to patent-eligibility, particularly in the context of process inventions. This Article first examines the practice of undertaking an eligibility analysis …

“Where Do I Belong, From Laguna Beach To Jersey Shore?”: Portrayal Of Minority Youth In Mtv Docusoaps, Sung-Yeon Park, Mark A. Flynn, Alexandru Stana, David T. Morin

Communication Studies Faculty Works

Based on the notion that reality television is used by the youth to learn about various social identity groups, the portrayal of minority in MTV “docusoap” was analyzed. Whereas Whites were overrepresented, Asians were completely absent. Although a few of them were shown, Latinos were virtually invisible as central characters as well as in social and romantic relationships. Blacks were also severely underrepresented and the problem was more pronounced for women than men. Among the minority groups, only mixed-raced women were shown as normalized as White women and men. Implications and suggestions for future studies were discussed.

State Of New Hampshire, Manual For The General Court, 2015, No. 64., New Hampshire Department Of State

Manual for the General Court

The State of New Hampshire Manual for the General Court, published in odd-numbered years since 1889, includes general information about the state government.

Music-Related Media-Contents Synchronization Over Theweb: The Ieee 1599 Initiative, Adriano Baratè, Goffredo Haus, Luca A. Ludovico, Stefano Baldan, Davide Andrea Mauro

Computer Sciences and Electrical Engineering Faculty Research

IEEE 1599 is an international standard originally conceived for music, which aims at providing a comprehensive description of the media contents related to a music piece within a multi-layer and synchronized environment. A number of o_- line and stand-alone software prototypes has been realized after its standardization, occurred in 2008. Recently, thanks to some technological advances (e.g. the release of HTML5), the engine of the IEEE 1599 parser has been ported on the Web. Some non-trivial problems have been solved, e.g. the management of multiple simultaneous media streams in a client-server architecture. After providing an overview of the IEEE 1599 …

Model Spaces: A Survey, Stephan Ramon Garcia, William T. Ross

Pomona Faculty Publications and Research

This is a brief and gentle introduction, aimed at graduate students, to the subject of model subspaces of the Hardy space.

Removing The Distraction Of Delay, Jill E. Family

Faculty Scholarship

No abstract provided.

Fy15-Fy16 Budgets, Planning, Budget, And Institutional Research

Criterion 5 Documents

No abstract provided.

Town Of Orford, New Hampshire Annual Report Year Ending December 31, 2014., Orford Town Representatives

Orford, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Ebola Scare And Measles Resurgence: Mandatory Isolation/Quarantine And Vaccination, Mark C. Aita Md, Takeem T. Ragland Ma

Journal of Health Ethics

Public outcry for radical isolation and quarantine policies followed the first Ebola diagnosis in the United States when Eric Duncan, upon his return home Oct 2014 from West Africa, then in the midst of a catastrophic Ebola epidemic, tested positive for Ebola. Likewise, the Dec 2014 Disneyland measles outbreak unleashed an angry backlash against parents who refused to have their children vaccinated; and there was public momentum to repeal all legal exemptions to mandatory vaccination of school children. This paper presents an ethical and legal analysis to adjudicate the issue which is at stake in both controversies; namely the inherent …

Interference With Nature: Xenotransplantation Procedure And Its Potential Effects On Man, Peter B. Bisong

Journal of Health Ethics

Xenotransplantation is not yet a clinical success and therefore pose no risk at present. The major concern of the researchers is that, the research on xenografting is ongoing, and possibly in the nearest future xenografting might become a clinical routine. If this becomes the case, then its potential risks would become actual risks. It is however, wrong to wait till the risks begin to manifest before action is taken. It is on this ground that, the researchers believe that if the ethical implications of this relatively new procedure (xenografting) could be well spelt out, it might serve to discourage research …

Course Catalog 2015-2016, Csusb

CSUSB Course Catalog

No abstract provided.

Reforming The Law Of Reputation, Frank A. Pasquale

Faculty Scholarship

Unfair and deceptive practices of controllers and processors of data have adversely affected many citizens. New threats to individuals’ reputations have seriously undermined the efficacy of extant regulation concerning health privacy, credit reporting, and expungement. The common thread is automated, algorithmic arrangements of information, which could render data properly removed or obscured in one records system, nevertheless highly visible or dominant in other, more important ones.

As policymakers reform the law of reputation, they should closely consult European approaches to what is now called the “right to be forgotten.” Health privacy law, credit reporting, and criminal conviction expungement need to …

2014-2015 Annual Report - Office Of International Programs & Study Abroad & Global Learning, Office Of International Programs And Study Abroad & Global Learning, Craig Cobane

Office of International Programs Faculty/Staff Publications

No abstract provided.

Post-Materialism And Foreign Policy – A First Cut, Edelgard E. Mahant

Southern African Journal of Policy and Development

The influence of political culture on foreign policy is a much-neglected topic. This article focuses on one aspect of political culture: the concept of post-materialism as developed by Inglehart. Using Canada and South Africa as case studies, the article determines the degree of post-materialism of these two countries’ political culture and then attempts to assess the extent to which the ideas of post-materialism have influenced the foreign policy of the two countries. The methodology is that of examining the ratifications of relevant UN conventions and the press releases of the foreign ministries of the two governments dealing with the subjects …

Grain Protectant Efficacy Of Makabuhay, Tinospora Rumphii Extract Against Maize Weevil, Sitophilus Zeamais M., Pedro M. Gutierrez Jr.

CNU Journal of Higher Education

The grain protectant efficacy of Makabuhay, Tinospora rumphii stem extract was tested on adult maize weevil, Sitophilus zeamais M. Evaluation of phytochemicals present in the extract was conducted to identify its bioactive compounds. The ethanolic stem extract of T. rumphii contains the following phytochemicals: alkaloids, flavonoids, steroids and tannins. These phytochemicals are known to possess pesticidal activities against insects and other pests. The grain protectant efficacy of T. rumphii against corn weevils was manifested by the percentage of mortality of weevils, number of corn seed holes; weight loss and percentage corn germination. Results revealed that the corn weevils treated with …

Culturally And Linguistically Diverse Students' Standardized English Literacy Achievement And Language Redesignation Status: A Multiple Regression Analysis, Matthew R. Weyer

Electronic Theses and Dissertations

The initial No Child Left Behind (NCLB) legislation stated that by 2014 all students would reach proficiency in all subjects. However, this has not been the case as NCLB has had mixed effects for culturally and linguistically diverse students (CLDs) (Hopkins, Thompson, Linquanti, Hakuta, & August, 2013). Language redesignation policies, often termed reclassification, can be considered a significant contributor as the variation in policies and practices alone has led to significantly different achievement for CLDs across the country (Hill, Weston, & Hayes, 2014; Mahoney & MacSwan, 2005) and has created an expansive achievement gap with their non-CLD White counterparts (Reardon, …

Curating Ali`I Collections: Responsibility, Sensibility, And Contextualization In Hawai'i-Based Museums, Halenakekanakalawai`Aomiloli`I Ka`Ili`Ehu Kapuni-Reynolds

Electronic Theses and Dissertations

This thesis explores the curation of aliʻi collections in the Bernice Pauahi Bishop Museum and the Lyman House Memorial Museum. The aliʻi were once the ruling class of Hawai'i, whose chiefly ranks and statuses reflected their prestigious and complicated moʻokūʻauhau (genealogies). Although the aliʻi are no longer a visible social class in Hawai'i, their moʻokūʻauhau (genealogies) and moʻolelo (stories) are continually honored and preserved within the walls of museums. Through the use of a research design that draws from multiple museologies, indigenous epistemologies, and anthropological theories and methods, I examine the physical care, storage, exhibition, and interpretation of aliʻi collections, …

Ethnic Violence On Kenya's Periphery: Informal Institutions And Local Resilience In Conflict-Affected Communities, Fletcher D. Cox

Electronic Theses and Dissertations

Deadly, inter-ethnic group conflict remains a threat to international security in a world where the majority of armed violence occurs not only within states but in the most ungoverned areas within states. Conflicts that occur between groups living in largely ungoverned areas often become deeply protracted and are difficult to resolve when the state is weak and harsh environmental conditions place human security increasingly under threat. However, even under these conditions, why do some local conflicts between ethnic groups escalate, whereas others do not? To analyze this puzzle, the dissertation employs comparative methods to investigate the conditions under which violence …

The Role Of Institutions And Policy In Knowledge Sector Development: An Assessment Of The Danish And Norwegian Information Communication Technology Sectors, Keith M. Gehring

Electronic Theses and Dissertations

The Nordic economies of Denmark, Finland, Norway, and Sweden outperform on average nearly ever OECD country in the share of value added stemming from the information and communication technology (ICT) sector. Early investments in computing and telecommunications, supportive social democratic institutions, and effective innovation/technology policy, help to explain overall Nordic ICT performance. Cross-country variation persists in sector outcomes, however, and cannot be reduced to differences in institutions and policy. Denmark and Sweden have moved toward liberalization while Finland and Norway maintain commitments to social democracy and yet Finland and Sweden outperform Denmark and Norway in ICT sector development. Institutionalists explain …

Lifting The Veil On Hindi Film Song Sequences: An Approach To Analysis, Maria A. Souliotis

Electronic Theses and Dissertations

This thesis seeks to augment previous scholarly research on Hindi film song through the presentation of a multivalent approach to thoroughly understanding and interpreting Hindi film song sequences. In a case study of the song sequence “Pardā Haı̃ Pardā” ("There Is a Veil,"? from Manmohan Desai's 1977 film Amar Akbar Anthony), the three essential elements of these sequences (on-screen visuals, text, and music) are connected to the context of South Asian history and culture to demonstrate how scholarly approaches to music, film, and cultural studies can be united to create a more interdisciplinary approach to analysis. The approach also …

Rhetorical Imperialism, Allison Welty

Electronic Theses and Dissertations

José Donoso’s The Obscene Bird of Night is often described as a grotesque labyrinth of symbols and images representative of the Latin Boom literary moment. The novel’s purposefully ambiguous construction opens itself up to two opposing readings that reveal discrepancies and conflicts in postcolonial and globalization studies, and as such, my project consists of two papers, easily read separately or in conversation with one another. The first proposes a reading of the novel as an assertion of marginal identity onto the world stage, ultimately upholding the indigenous native as a source of strength. Here, the novel’s appropriation of the folklore …

F. W. J. Schelling's "Ages Of The World": Acting Out Of Time, Jared Kenrick Nieft

Electronic Theses and Dissertations

This paper offers a new interpretation of Schelling's unfinished fragment, Die Weltalter, one that shows why and how he links the problem of divine creation to the modern crisis of Being and time. The growing sense of disorientation, isolation, indifference and loss that Schelling discovers in his own time parallels the metaphysical concerns and dilemmas of Die Weltalter. It is what draws the question of primordial time so close to our time and gives him the grounds to think them together. Cultural creation is inseparable from the enigma of divine creation. To fathom one is to divine the …

Identification Of High Energy Cosmic Ray Electrons Using Advanced Techniques In Calet And Fermi Lat, Aaron James Worley

Electronic Theses and Dissertations

Measurements of the cosmic ray electron spectrum have received much attention over the last decade as anomalies in both electron and positron observations have been detected independently by several experiments. The profound possible implications in the fields of high energy astrophysics and particle physics have allowed for many interpretations on the origin of these inconsistencies in the spectra. This research focuses on two space-borne cosmic radiation experiments at different stages in their mission lifetimes: the Calorimetric Electron Telescope (CALET) and the Fermi Large Area Telescope (LAT). We explore the proton-electron discriminating capabilities of the CALET instrument through Monte Carlo simulations. …