Digital Commons Network^™

Defamation With Bayesian Audiences, Yonathan Arbel, Murat C. Mungan

Articles

How strictly should the law regulate false defamatory statements? We first show that the presence of judicial errors often puts defamation law on a Laffer curve: regulation that is too lax or too strict is inferior to moderate regulation. While moderate regulation is ideal, it is not always attainable because of practical and legal constraints. With these constraints, we consider a Bayesian audience that takes the strictness of defamation law into account when evaluating statements. The optimal standard is then taxer than is prescribed by standard models with naive audiences. These findings underscore the importance of accounting for audience effects …

The Credibility Effect: Defamation Law And Audiences, Yonathan A. Arbel

Articles

What should be the legal response to false statements? In the context of defamation law, courts try to set a standard that balances the interests of speakers and their potential targets. This article empirically demonstrates an unappreciated effect of such decisions on third parties: a credibility effect. Using a series of lab experiments, I find that defamation law makes individuals more trusting of reports from various media. This credibility effect is desirable when the report is true but can lead to unintended consequences in the case of misinformation. In particular, the credibility effect is shown to cast a stigma on …

Case Comment On The Judgment Of The Polish Supreme Administrative Court (Nsa) Of 17 February 2023, Ref. No. Act: Ii Gsk 1458/19, On The Assessment Of The Constitutionality Of The Sanction Of Repealing The Classifi Cation And Categorization Of An Entity As A Hotel Facility, And The Deletion Of Such Entity From The Register Of Hotel Facilities, Dominik Borek

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This article quotes the facts described in the judgment of the Polish Supreme Administrative Court (NSA) of February 17, 2023, fi le ref. file: II GSK 1458/19. The commented judgment is of great importance for the Polish hotel market, as it concerns the possibility of issuing, under the current legal regime, of decisions repealing the classification and categorization of an entity as a hotel facility and to its removal from the relevant register of hotel facilities, when it is established that the entity in question does not meet the requirements of fire, sanitary or construction safety. The constitutionality of the …

Protecting The Rights Of Sellers On Multilateral Platforms Under The Digital Markets Act (Dma) Regime – Selected Issues, Adrian Żądło

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This article discusses the two legal regimes that will apply in the future to the operation of multilateral marketplace platforms – the fi rst arising from general EU competition law, and the second introduced through the application of the Digital Markets Act. The former is discussed based on reports, legal literature, and the decisions issued by the European Commission in the combined cases AT.40462 Amazon Marketplace and AT.40703 Amazon Buy Box. The other legal regime to affect the operation of multilateral marketplace platforms is based on an analysis of the Digital Markets Act and other relevant legislation. Finally, after the …

The Earth As An Altar: Understanding Humanity's Place And Duty In Creation Through Neo-Calvinism, Ethan Hovrud

Pro Rege

Ethan Hovrud, a Dordt University junior and member of the Kuyper Honors Program majoring in Agriculture and Community Development, submitted this essay to the Lambertus Verberg Prize for Excellence in Kuyperian Scholarship competition, 2023.

A Critical Review Of Brock And Sutano's Neo-Calvinism: A Theological Introduction, Eduardo Echeverria

Pro Rege

Reviewed Title: Neo-Calvinism: A Theological Introduction by Cory C. Brock and N. Gray Sutanto. Bellingham, WA: Lexham Academic, 2022. 322 pp.

Reimagining The Leatherby Libraries: A Futuristic Look, Kevin Ross, Essraa Nawar

Library Presentations, Posters, and Audiovisual Materials

The Academic Library of the Future offers a vibrant library, a center of academic discovery, an intellectual hub, a place where state-of- the-art and cutting-edge technology, collaboration, and social connection will serve both a current and future diverse population of students, faculty, and researchers.

The Leatherby Libraries has three goals: 1) Empowering student success, 2) Supporting campus research initiatives, and 3) Supporting Chapman University to become the best possible R2 level institution. Within these three goals, there are three value propositions including: 1) personalized service through targeted services, 2) seamless access through physical and digital resources, and 3) opportunities for …

Why Punish Pharma For Making Medicine? Preserving Patent Protections And Cutting Consumer Costs, Alex Wharton

Vanderbilt Journal of Entertainment & Technology Law

The push to lower pharmaceutical drug prices has taken a stronger foothold in legislative and executive actions in recent years. With average prices rising continuously over the past decade, many consumers struggle to pay for the medications they need-—insulin being the most often cited example. Accordingly, a variety of solutions have been suggested. Some solutions support reducing barriers for generic drugs to provide competition to the big brands, others push for greater regulation of manufacturers’ ability to price their drugs, and some proposals seek greater transparency to promote price negotiations, especially when compared to prices abroad. Most concerningly, however, one …

Textualism As An Ally Of Antitrust Enforcement: Examples From Merger And Monopolization Law, Robert H. Lande

Utah Law Review

This Article will first briefly present an overview of the textualist method of statutory interpretation. It will then briefly engage in a textualist analysis of important portions of two antitrust statutes: Section 2 of the Sherman Act and Section 7 of the Clayton Act. At least in these areas, textualist analysis should, if anything, help re-invigorate antitrust enforcement.

After Ebay: Valid Patents And The Economics Of Post-Trial Judicial Options, J R. Kearl

Utah Law Review

The Supreme Court’s eBay decision creates enormous uncertainty about whether the owner of a valid patent has an exclusive right in the face of actual infringement. The Court’s “traditional equitable” criteria for an injunction fail to consider the context where injunctive relief may be warranted: namely, litigation dealing with patents where a jury or court has found the in-suit patent to be valid and infringed and where, barring an injunction, there will be post-trial infringing uses by the defendant. Specifically, it is highly unlikely that a patent holder can show that it will be irreparably harmed or not be made …

Why Is Frand Hard?, Michael A. Carrier

Utah Law Review

There are many reasons why FRAND is a complex topic. The first four challenges offer low-hanging fruit that could clarify FRAND issues by paying less attention to systemic holdup, jettisoning unsupported positions, not letting industry funding replace reasoned debate, and being aware of the role played by patent trolls. The remaining four challenges pose levels of difficulty that increase from modest (clear SDO rules or facts) to medium (SDO history, industry characteristics, unclear licensee willingness) to significant (determining “fair and reasonable” and “nondiscriminatory”) to extraordinary (global litigation). While not all of these challenges can be addressed with simple solutions, an …

End-To-End Gpu Acceleration Of Low-Order-Refined Preconditioning For High-Order Finite Element Discretizations, Will Pazner, Tzanio Kolev, Jean-Sylvain Camier

Mathematics and Statistics Faculty Publications and Presentations

In this article, we present algorithms and implementations for the end-to-end GPU acceleration of matrix-free low-order-refined preconditioning of high-order finite element problems. The methods described here allow for the construction of effective preconditioners for high-order problems with optimal memory usage and computational complexity. The preconditioners are based on the construction of a spectrally equivalent low-order discretization on a refined mesh, which is then amenable to, for example, algebraic multigrid preconditioning. The constants of equivalence are independent of mesh size and polynomial degree. For vector finite element problems in H(curl) and H(div) (e.g., for electromagnetic or radiation diffusion problems), …

The Feasibility Of Using High Strength Stainless Steel In Pre-Stressing Applications, Rana Khaled Morsy

Theses and Dissertations

This paper evaluates the applicability of using a corrosion-resistant reinforcement high strength stainless steel strands (HSSS) Duplex 2205 in pre-stressing applications. HSSS-Duplex 2205 is a high performance steel which can be used as an alternative to the conventional carbon steel strands, for a better service life. The high strength and corrosion resistance of the material allows it to show its impressive performance in marine structural applications. Although the use of HSSS-Duplex 2205 could be initially costly; however, the improved durability and extended service life of the concrete structures using HSSS would require less life-cycle cost. Although there is a gap …

Holy Matter Making Holy Meaning: Fashioning Memory, Community And Dissimilar Similitude In Middle Dutch Sister-Books And The Book Of Margery Kempe, Godelinde G. Perk

Medieval Feminist Forum: A Journal of Gender and Sexuality

The Middle Dutch sister-books and The Book of Margery Kempe are fifteenth-century vernacular texts by women chronicling their female subjects’ conversion and arduous attempts at a holy life. They share an (auto)hagiographic enterprise and formal and thematic features, including a display of rags and riches by the vitae’s subjects and a desire for mnemonic engagement on the part of the readers with the text. This article is the first to present the Diepenveen and Deventer sister-books and the Book as conversation partners. I draw on two main conceptual tools: 1) medieval memoria and 2) the notion of “dissimilar similitude” …

Female Reception Of Stained Glass Images Of St. Anne In Late Medieval York: Women, Mothers, And Wives, Susanna Wyse Jackson

Medieval Feminist Forum: A Journal of Gender and Sexuality

This article explores the depiction of St. Anne in the late medieval stained glass of three York parish churches. Focusing on two iconographic subjects, St. Anne teaching the Virgin Mary and St. Anne with her extended family, it argues that the representation of St. Anne in these contexts speaks to the conscious orientation of iconography towards female members of the laity. Images of St. Anne may have served to reinforce specific roles and values by providing a focus for performative identification. In addition, they reflect women’s status within the family, the parish, and society as a whole. This under-explored area …

Factors Associated With The Life Satisfaction Of Gay And Bisexual Men And Their Variation By Race, Robert G. Considine

Dissertations, Theses, and Capstone Projects

Although the literature is replete with evidence showing that gay and bisexual men experience higher rates of negative outcomes than their heterosexual counterparts, the literature exploring the well-being of this population is limited. Life satisfaction is a key aspect of well-being. There has been little research on the factors influencing life satisfaction for gay and bisexual men. Additionally, how these factors may vary by race for this population remains understudied. This gap in our knowledge impedes the ability of social workers to support gay and bisexual men in increasing life satisfaction. In addition, knowledge of how these factors vary by …

A Mathematical Approach To The Money Multiplier Analysis On Indonesian 1997–1998 Monetary Crisis, Albertus Prabu Siagian

Economics and Finance in Indonesia

In crisis moments, massive liquidity supports, extensive cash withdrawal, and large reserve hoarding can all lead to the change in monetary base, currency ratio, and reserve ratio respectively. In turn, all these disruptions could cause money supply to change. This research aims to find out which factor (among the change in monetary base, currency ratio, and reserve ratio) became the main causal factor of increasing money supply in Indonesia during 1997–1998 crisis. The method follows mathematical equation models used by Friedman & Schwartz (1963) and Stauffer (2006) in analyzing Great Depression in the US. This research has found that the …

A Consortium-Based Solution For The National Institutional Libraries Working On Physical Disabilities Under The Ministry Of Social Justice And Empowerment, Govt. Of India, Sukanta Halder, Dr. Arabinda Maity

Library Philosophy and Practice (e-journal)

The paper aims to find out the present collection, services, and the main problems. The researcher deeply examined the four target libraries and described comparative analysis in different tables with various parameters. All target libraries provide similar types of user needs. Still, collaboration must be found within the target libraries, which is the researcher's main problem. Finally, the researcher prepared and proposed a centralized consortium model that can be very effective for the target libraries and may solve the problems.

An Appraisal Of Open Access Institutional Repositories Use By Academic Staff In Federal Universities In North Central States Of Nigeria, Bello Salahudeen Hakeemat Mrs, Oluwatoyin Oyeyemi Obinyan Mrs

Library Philosophy and Practice (e-journal)

This research was carried out to evaluate the Awareness and Use of Open Access Institutional Repositories by Academics in Federal Universities in North Central States of Nigeria. The research questions raised among others include: How often do academic staff use Open Access IR for dissemination of research outputs in Federal Universities in North Central States of Nigeria? What challenges are academic staff faced with in accessing Open Access IR in Federal Universities in North Central States of Nigeria? Descriptive survey research design was adopted for the research. The target population are 3,547 academics in the Federal Universities in the North …

The Dual Education System In Egypt: The System's Challenges And The Way Forward, Raghda Khaled Mohamed

Theses and Dissertations

The technical education and vocational training (TVET) system is a model of education that is popular all over the world. It is implemented in several countries and consists of several models. One of these models is the dual educational system. It is one of the booming TVET educational models that are common in Europe, especially in Germany. Since Egypt adapted the German dual educational model since the 1990’s, this thesis discusses the dual educational system in Egypt through the lens of governance and quality management. Currently, Egypt is collaborating with several national and international policy advisors on enhancing the dual …

An Ambiguous Hermeneutic: Doubleness In Ingmar Bergman’S Quest For Self, Ingy Aziz

Theses and Dissertations

One of the functions of art in all its forms is to provide the means for self-exploration and, in this way, to enable us to relate cultural representation to the question of meaning. The beauty of cinematic art is that it gives voice to our deepest and most profound concerns and enables us to bridge the gap between personal psychology and public understanding. As interpreters, we do not always unearth the answers that we seek, but we certainly gain more insight through delving into the minds of major filmmakers in the canon of modern cinema. This thesis is on the …

Proportionality V. Categorization: The Issue Of Judicial Balancing Of Rights, Akram Mohamed

Theses and Dissertations

The fact that there is a constant conflict between individual rights and state or social interests has historically provoked the question of how to balance or harmonize such conflicting interests? On what basis shall the legislator or the judge decide in favor of this or that right in his legislation or judgement? Where shall we, for example, draw the line between the right to freedom of expression and the right to protect one’s honor and reputation? How could the legislator find the compromise between the state duty to protect fetus life and its obligation not to interfere with woman’s right …

Tribes And H-1bs: Promoting Inclusion Of Tribal Interests In Immigration Policy Through Employment-Based Visas, Alejandro Alvarado

Tribal Law Journal

Tribal law and immigration law provide a comprehensive space, with plenty of crossover issues, for legal practitioners to explore how immigration law may benefit Tribes and Indigenous Peoples. These issues arise from the history of the United States undermining Tribal interests through immigration policy as it created international borders and established citizenship criteria. As a result, Indigenous Peoples have been impacted by U.S. immigration policy with regard to global mobility, family separation, issues related to border security, and economic prosperity. With the continued growth of Tribal economies, U.S. immigration policy risks limiting Tribal interests and welfare by not providing explicit …

Incorporating Sexual And Gender Minority Patient Care Competencies: A Case Based Curriculum For Caring For Gender Diverse Youth, Eileen Cichoskikelly, Suzanne Kingery, Susan Sawning

Faculty and Staff Scholarship

There is a gap in medical education training content specifically focused on the care of Sexual and Gender Minority (SGM) people and people with Differences in Sex Development (DSD). Inadequate training contributes to suboptimal health care access, utilization, and experiences among SGM-DSD people. Improving medical education training can be challenging as many clinician educators received sparse instruction themselves in these areas and there are limited teaching resources that expand beyond didactic instruction. In 2014 the Association of American Medical Colleges (AAMC) Advisory Committee on Sexual Orientation, Gender Identity, and Sex Development published a landmark document identifying 30 specifiers of competence …

The Impact Of Brain Drain On Haiti's Rural Communities: The Case Of A Small Town In Central Haiti And Its Surroundings., Franst Choubert Rémy

Electronic Theses and Dissertations

This qualitative participatory action research study investigated the causes and impacts of brain drain on Haiti’s rural communities, focusing on a small town in Central Haiti and its surrounding communities. Research shows that the brain drain has affected developing countries for many years. The pull factors from developed countries make the push factors in the home country more evident, leaving the latter depleted of educated human resources. It is particularly true in rural communities in Haiti. The researcher aimed to understand the causes through a community-based series of interviews, focus groups, and narratives. Participants expressed their views on the phenomenon …

A Magneto-Thermally Controllable Microstrip-Patch Antenna For Low Rcs Applications, Sallam Mohammad Al Hendi

Theses

This research focuses on the development of a novel technique for reducing the Radar Cross Section (RCS) of a microstrip antenna operating in the terahertz spectral regime. This can be accomplished by loading the antenna with Indium Antimonide (InSb); a thermally-magnetically controllable semi-conductor. The low-RCS feature of the antenna implies that it becomes hardly detectable by detecting radars; a desired feature in stealthy applications. For an optimal operation beside low RCS, the other antenna parameters (e.g., radiated power, gain, standing-wave ratio, and reflection coefficient) must be within tolerable ranges. Thus, a study on the effects of the temperature and the …

Faculty List

Missouri Law Review

No abstract provided.

The Filming Dilemma: The Potential Speech Cost Presented By Camera Coverage Of Defamation Cases, Alexandra M. Gutierrez

Missouri Law Review

For the better part of the last century, journalists have used free press and free-speech principles to advocate for camera access to newsworthy trials. But it was not until 2022 that news organizations succeeded in broadcasting defamation proceedings, and—in the process—gave libel litigants a novel opportunity to present their stories both to jurors and to the public at large. Because news organizations are themselves frequent targets of defamation lawsuits, this development may not be a categorical good for the press. The filming of defamation proceedings could provide motivated litigants with one more incentive to sue real and perceived critics, insofar …

Internet Famous: Are Online Influencers And Micro-Celebrities Public Figures Under Defamation Law?, Frank D. Lomonte, Stephanie J. Leibert

Missouri Law Review

Social media and video-sharing sites have introduced the concept of “micro-celebrity,” a person who attains fame – rapidly, and potentially fleetingly – among a niche audience of internet users for doing something colorful. As with anyone who participates in the sometimes sharp-elbowed give-and-take of online discourse, these niche celebrities are increasingly being drawn into controversies that can result in litigation. For nearly 60 years, the Supreme Court’s Sullivan standard has afforded critics an extra measure of breathing space when they comment on the conduct of “public” personalities –people with outsized influence, and the ability to defend themselves effectively through counterspeech. …

All The Rumors Are True: Verification, Actual Malice, And Celebrity Gossip, Jasmine E. Mcnealy

Missouri Law Review

More than half of Americans get their news from social media. These spaces – social media platforms, video and audio recommender systems, social news and gossip boards – have their own fact-checking and editorial cultures that, although not the exact same as those found in newsrooms, offer similar controls for the distribution of information. While imperfect, just like the controls of traditional media, these fact-checking cultures may offer a response to recent US judicial rejection of actual malice and provide a route of inquiry for courts examining evidence to determine if a defamation plaintiff has met the heightened standard. This …