Digital Commons Network^™

Defining “Delineation”: How The Circuit Split On The Delineation Test For The Copyrightability Of Fictional Characters Can Be Fixed, Kurt Bauer

American University Law Review

The standard for the copyrightability of fictional characters needs clarification. Courts have long relied on the delineation test to determine whether a character is sufficiently developed to merit protection separate from its underlying work, yet the circuits diverge on how this test should be applied. The Ninth Circuit’s Towle test relies on overruled precedent, treats characters as static, imposes an originality threshold beyond that required by the Copyright Act, and risks extending protection to inanimate props. In contrast, the Second Circuit has tied delineation more clearly to the Act’s core requirements of originality and fixation, offering a more principled approach. …

Bringing Section 7 Into The Next Century, Amy J. Schmitz, David M. Brodsky

American University Business Law Review

In 1925, Congress passed a historic piece of legislation, the Federal Arbitration Act (FAA), that attempted to change the American judiciary's hostility towards enforcing arbitration agreements and awards. This hostility was rooted in English common law and migrated to the American civil justice system. But in 1925, Congress gave life to the broad use of executory agreements to enforce compliance with contracts through arbitration.

Remote Work's Complication Of Companies' Personal Jurisdiction Standings: Morphing The Historical Analysis To Fit Modern Remote Work Characteristics, Lindarose Piccolo

American University Business Law Review

Personal jurisdiction ensures that the proper forum adjudicates civil disputes to prevent burdening a defendant with litigating in inconvenient forums. International Shoe Co. v. Washington established that defendants must have minimum contacts with the forum state such that exercise of jurisdiction comports with fair play and substantial justice. Following International Shoe, many cases have provided examples of the minimum contacts that would establish personal jurisdiction.

However, the ability for employees to work remotely from their homes using technological devices and software has exponentially increased over the past five years. Because of the increased ability to work remotely from anywhere in …

An Investigation Of Early Identification And Programs That Support Children With Inequitable Beginnings, Rena Ramiah

Educational Leadership Theses, Dissertations, and Student Creative Activity

A body of research suggests that children from disadvantaged backgrounds have a gap in cognitive development that is set by age three (Roozbeh et al., 2016). This study examines if early identification of children with inequitable beginnings and conditions, and offering the support needed better prepares them for school (Simoncic et al., 2022). The research looks at programs established to address the equality and equity of education in a large suburban school district despite not qualifying for Head Start funding (National Academies of Sciences et al., 2020).

This research used qualitative and quantitative analysis within an associational investigation format, using …

English Learners With Disabilities: A Selected Annotated Bibliography For English Learner Research, Policy, And Practice, Center For Equity For English Learners

Annotated Bibliographies

English Learners with Disabilities: A Selected Annotated Bibliography for English Learner Research, Policy, and Practice is comprised of 21 annotations from recent and seminal literature regarding English Learners (ELs) who are dually identified as students with disabilities. These annotations build on the annotations regarding ELs with disabilities in CEEL’s 2022 annotated bibliography, Ensuring Equity and Excellence for English Learners: An Annotated Bibliography for Research, Policy, and Practice (Center for Equity for English Learners, 2022) to include publications from 2022-2025. This selected annotated bibliography serves as a resource for researchers, policymakers, educators, and advocates who are working for equity and excellence …

Designated Eld: A Selected Annotated Bibliography For English Learner Research, Policy, And Practice, Center For Equity For English Learners

Annotated Bibliographies

Designated ELD: A Selected Annotated Bibliography for English Learner Research, Policy, and Practice is comprised of 19 annotations from recent and seminal literature regarding designated English Language Development (d-ELD). These annotations build on the annotations regarding designated ELD in CEEL’s 2022 annotated bibliography, Ensuring Equity and Excellence for English Learners: An Annotated Bibliography for Research, Policy, and Practice (Center for Equity for English Learners, 2022) to include publications from 2022-2025. This selected annotated bibliography serves as a resource for researchers, policymakers, educators, and advocates who are working for equity and excellence for English Learners.

The contributors provide a comprehensive selection …

College, Career, And Course Access: A Selected Annotated Bibliography For English Learner Research, Policy, And Practice, Center For Equity For English Learners

Annotated Bibliographies

College, Career, and Course Access: A Selected Annotated Bibliography for English Learner Research, Policy, and Practice is comprised of 13 annotations from recent and seminal literature regarding educational practices that impact the opportunities available to English Learners’ (ELs) in secondary schools and beyond. These annotations build on the annotations regarding college, career, and course access in CEEL’s 2022 annotated bibliography, Ensuring Equity and Excellence for English Learners: An Annotated Bibliography for Research, Policy, and Practice (Center for Equity for English Learners, 2022) to include publications from 2022-2025. This selected annotated bibliography serves as a resource for researchers, policymakers, educators, and …

Living Networks: Reimagining Social Capital Beyond Institutions, Meghna Pamula

CMC Senior Theses

This thesis investigates the decline of social capital in the United States and explores how community connection can be rebuilt outside of traditional government institutions. Motivated by the question of whether social capital can be rebuilt within bureaucratic structures, the research evaluates the role of alternative, agile models such as local volunteer organizations, mutual aid networks, third spaces, and NGOs. Using a comparative case study approach and qualitative analysis, I examine initiatives across different cultures that foster social trust and connection beyond the limitations of formal systems. The findings illustrate that adaptive models of social capital that are not based …

Untimely, Uneven, Combined: Translator's Introduction, D. Bret Leraul

Faculty Contributions to Books

No abstract provided.

Interrogating The Sacred And Special: Engaging Students In Diversifying Special Collections, Susan Falciani Maldonado, Sharon L. Albert

Faculty Contributions to Books

The answer to the question “What is the future of special collections?” is one that has evolved in scope over the past twenty-five years. Through the late twentieth century, the role of the special collections librarian seemed largely curatorial: to conserve these precious, unique resources—rare books, archival material, and other unique collections— for posterity and for “serious” researchers. While it remains true that the nature of its special collections can distinguish an academic library in ways that its database and print holdings may not, what emerged in the late 1990s and early 2000s was a movement to put rare books …

Ensuring The Health And Well-Being Of Children After Adoption, The Rees-Jones Center For Foster Care Excellence

White Papers and Policy Briefs

Children in foster care have higher rates of health concerns and healthcare utilization than their peers who have not experienced foster care. For example, one study found that children in foster care had 2.5- and 2.3-times higher odds of having a mental health diagnosis and developmental disability diagnosis, respectively. Data on our patient population supports these findings, revealing that 70.4% of our patients had chronic or complex chronic health conditions.

For questions about this publication or others, please email [email protected]

childrens.com/fostercare

Of Race And Romance: A Qualitative Investigation Of Queer Asian American Men’S Romantic Relationships With Queer Asian American Men, Thomas P. Le, Xiaoyin Liu, Maya L. Chao, Sankeerthna Vedamtam, Sara N. Mayungo, Sasha M. Mikita

Psychology Faculty Research and Scholarship

Past research has identified that internalized racism affects Asian Americans’ dating preferences; however, fewer studies have sought to examine Asian Americans who choose to date one another. For queer Asian American men, dating fellow Asian American men may represent a rejection of idealizing White men in romantic relational contexts. The present study thus utilized a grounded theory qualitative methodology with a strengths-based approach to understand the lived experiences of queer Asian American men who are currently in romantic relationships with fellow queer Asian American men. Queer Asian American men who are in romantic relationships with other queer Asian American men …

Masculine Norms And Their Associations With Social Anxiety And Body Appreciation Among College Men In The United States, Xiaoyin Liu, Thomas P. Le, M.V. Pease

Psychology Faculty Research and Scholarship

Previous research has identified the link between conformity to masculine norms and negative mental health outcomes. The present study thus examined how conformity to eight distinct masculine norms is associated with social anxiety and body appreciation among a sample of 271 college men living in the United States. College men living in the United States filled out an online questionnaire that assessed the variables of interest. Our main study variables—Conformity to Masculine Norms Inventory, Social Phobia Inventory, and Body Appreciation Scale-2—were analyzed cross-sectionally using linear hierarchical regression models via SPSS. Regression analyses showed that self-reliance was positively associated with social …

Undergraduate Course Catalog Of The University Of San Diego 2025-2026, University Of San Diego

Undergraduate Course Catalogs (1973- )

590 pages. Includes information about academics, expenses, campus and the college, the 2025-2026 academic calendar, and school policies.

An Organizational Theory Of Corporate Law, Emilie Aguirre, Julie Yen, Julie Battilana

Faculty Scholarship

Corporate law is in a moment of vibrant and contentious discussions about potential reforms. As firms exit Delaware, passive investment predominates, private equity expands, and public markets decline, corporate law faces a growing set of challenges that threaten its stability and efficacy. At the same time, the world faces pressing crises, including climate change, social and economic inequalities, and threats to democracy, though corporate law scholars typically consider these crises to be outside corporate law’s remit.

In this Article, we argue that to understand and address the multidimensional crises that face both corporate law and society, we must address shortcomings …

Energetic And Economic Aspects Of Rebound, Part I: Foundations Of A Rigorous Analytical Framework, Matthew Kuperus Heun, Gregor Semieniuk, Paul E. Brockway

University Faculty Publications and Creative Works

Widespread implementation of energy efficiency is a key greenhouse gas emissions mitigation measure, but rebound can ‘‘take back’’ energy savings. However, the absence of solid analytical foundations hinders empirical determination of the size of rebound. A new clarity is needed, one that involves both economics and energy analysis. In this paper (Part I), we advance foundations of a rigorous analytical framework for consumer-sided rebound that starts at the microeconomic level and is approachable for both energy analysts and economists. We develop foundations of a framework that (i) clarifies the energy, expenditure, and consumption aspects of rebound, (ii) combines embodied energy …

Theories Of Child Development & Theories Of Religious And Spiritual Development (Rsd) In Children, Marjorie Lindner Gunnoe

University Faculty Publications and Creative Works

This essay introduces readers to the foundational theories of child development and the ways in which these theories have been applied or extended to children’s religious and spiritual development (RSD). By “foundational theories,” I mean the theories introduced in the opening chapters of developmental textbooks. This essay is not a theological critique of psychological theories (for this, see Gunnoe, 2022), nor a “state of the field” review of RSD (for this, see Boyatzis, 2023). Rather, it is a primer on the broad theoretical approaches that scaffold contemporary research on RSD.

45 Is The New 50: Evaluating Colorectal Cancer Screening Practices In Primary Care, Shemille Flinta, Madison Long, Brittany Wiggins

MSN Research Projects

Colorectal Cancer (CRC) is the second leading cause of cancer-related deaths for adults in the United States. There have been significant advances in preventative medicine for CRC, but screening completion lags behind other cancers, with only 61% reported adherence based on USPSTF guidelines. About two-thirds of the patients who are diagnosed with CRC already have distally spread disease. Detecting CRC early is vital, as early detection is linked to smaller tumor sizes and better outcomes. The current research study asked three questions with the objectives of assessing the frequency of CRC screening in primary care clinics, evaluating documented barriers to …

Bibliography Of Scholarship From 2025, University Of San Diego

Annual Bibliography of USD Scholarship

No abstract provided.

Guide To The Department Of Religious Studies Records, University Of San Diego Department Of Religious Studies

University Records

These records contain correspondence, reports, and meeting minutes pertaining to the Department of Religious Studies in the early 1970s. The majority of these records pertain to discussions about the Catholicity of the merging USD College for Men and College for Women and general education requirements in religion.

Finding Aids are tools used to aid research by describing the materials in a collection. University Records Finding Aids include historical and/or biographical information along with a description of the collection and a folder listing of the content.

To view this collection please email University Archives and Special Collections staff at [email protected].

Guide To The University Ministry Records, University Of San Diego University Ministry

University Records

The records of University Ministry (formerly Campus Ministry) document the foundation of Ministry as a campus department. Records also include planning materials for the variety of activities and programs offered by University Ministry as well as photographs and video highlighting outreach programs and retreats.

Finding Aids are tools used to aid research by describing the materials in a collection. University Records Finding Aids include historical and/or biographical information along with a description of the collection and a folder listing of the content.

To view this collection please email University Archives and Special Collections staff at [email protected].

Guide To The Student Affairs Records, Thomas Burke, University Of San Diego. Student Affairs

University Records

The division of Student Affairs at the University of San Diego consists of a wide range of services and resources focused on student wellness and support. Student Affairs is broken down into five main categories: academic support, health and wellness, campus resources, get involved, and finding community. The materials in this collection include photographs from events, information guides, meeting and committee records, as well as student surveys conducted by the Higher Education Research Institute.

Finding Aids are tools used to aid research by describing the materials in a collection. University Records Finding Aids include historical and/or biographical information along with …

Guide To The Honors Convocation Records, University Of San Diego

University Records

The University of San Diego Honors Convocation records consists of Honors Convocation invitations, programs, planning materials, and correspondence for the Honors Convocation from 1961 to 2024.

Finding Aids are tools used to aid research by describing the materials in a collection. University Records Finding Aids include historical and/or biographical information along with a description of the collection and a folder listing of the content.

To view this collection please email University Archives and Special Collections staff at [email protected].

Guide To The Commencement Program Records (University Of San Diego), University Of San Diego

University Records

These records include the planning materials, speech transcripts, programs and invitations for University of San Diego commencements.

Finding Aids are tools used to aid research by describing the materials in a collection. University Records Finding Aids include historical and/or biographical information along with a description of the collection and a folder listing of the content.

To view this collection please email University Archives and Special Collections staff at [email protected].

Guide To The Educational Opportunity Program Records, University Of San Diego

University Records

These records document the functions of the Educational Opportunity Program at the University of San Diego. Among these materials are publication materials about the EOP, orientation information, correspondence from University administrators about the program, and newspaper clippings regarding minority students at USD.

Finding Aids are tools used to aid research by describing the materials in a collection. University Records Finding Aids include historical and/or biographical information along with a description of the collection and a folder listing of the content.

To view this collection please email University Archives and Special Collections staff at [email protected].

Guide To The Department Of Ethnic Studies Records, Gail Perez

University Records

The Department of Ethnic Studies records document the work done by faculty and students to establish an Ethnic Studies program at the University of San Diego. Records include departmental history and reflections written by Dr. Perez, Dr. Labovitz, and students. Information on the Irvine Foundation Grant that was awarded to USD is included. Records also include information gathered about Ethnic Studies programs at other universities, and information about establishment of the United Front Multicultural Center. Video footage, news coverage, and photographs of the November 30, 2000 Walk for Consciousness rally as well as the 2010 San Diego Ethnic Studies Consortium …

Guide To The Construction Records (University Of San Diego), University Of San Diego

University Records

This collection contains construction records for the University of San Diego. Records include architectural drawings, correspondence, photographs, planning information, and reports.

Finding Aids are tools used to aid research by describing the materials in a collection. University Records Finding Aids include historical and/or biographical information along with a description of the collection and a folder listing of the content.

To view this collection please email University Archives and Special Collections staff at [email protected].

Guide To The Merger Collection (University Of San Diego), University Of San Diego, San Diego College For Women, San Diego College For Men

University Records

The San Diego College for Men and School of Law merged with the San Diego College for Women in June 1972 to become the “new” University of San Diego. The collection consists of meeting minutes, consultations, correspondence, reciprocal agreements, and legal documents related to each stage of the merger.

Finding Aids are tools used to aid research by describing the materials in a collection. Special Collections Finding Aids include historical and/or biographical information along with a description of the collection and a folder listing of the content.

To view this collection please email University Archives and Special Collections staff at …

Guide To The Commencement Memorabilia Collection (University Of San Diego), University Of San Diego

University Records

The University of San Diego Commencement Memorabilia collection features materials related to commencement ceremonies held at USD. The collection contains fabric banners.

Finding Aids are tools used to aid research by describing the materials in a collection. University Records Finding Aids include historical and/or biographical information along with a description of the collection and a folder listing of the content.

To view this collection please email University Archives and Special Collections staff at [email protected].

M.S. Engineering Management And Leadership - 2025 Capstone Chronicles, Adriana Garcia, Ser Andre Gonzalez, Matt Messina, Markus Egholm, Ersin Togmen, Ashley Isaacs, Anthony Byrd, Luai Qubain

Capstone Chronicles

No abstract provided.