Digital Commons Network^™

Over-Exposed? Tsa Scanners And The Fourth Amendment Right To Privacy, Jennifer Levine

Journal of Technology Law & Policy

On December 25, 2009, a Nigerian man attempted to set off a bomb on a Northwest Airlines flight. The United States deemed this Christmas Day attack as an act of terrorism. Luckily, the bomb failed to detonate, and the plane landed safely. However, soon after, President Obama and the Transportation Security Administration responded by implementing Advanced Imaging Technology (AIT), heightening airport security measures.

The legal controversy over the scanners has revolved primarily over issues of privacy. AIT reveals such personal information as breast implants and prosthetics. Many critics argue that the new technology is highly invasive, and therefore violates the …

The Implications Of The Google Book Search Dispute For The Private International Law Of Intellectual Property, Adrienne Lester

Journal of Technology Law & Policy

This Article argues that, as a result of antithetical judgments and settlements, the Google Book Search dispute threatens to further entrench the principle of territoriality in the treatment of intellectual property in transnational disputes, forestalling the development of a cohesive body of law. However, the best way forward in this legal environment is the increased use of collaboration mechanisms, such as cooperation and consolidation of cases by courts. Part II explains the existing legal framework through a detailed comparison of the current “soft law” instruments for the private international law for intellectual property. This part also contains a table for …

Cyberbullying: Adaptation From The Old School Sandlot To The 21st Century World Wide Web—The Court System And Technology Law's Race To Keep Pace, Andrew B. Carrabis, Seth D. Haimovitch

Journal of Technology Law & Policy

No abstract provided.

The Legal, Financial, And Ethical Implications Of Online Medical Consultations, Regina A. Bailey

Journal of Technology Law & Policy

With the widespread availability and use of the Internet in today’s society, physicians have started communicating virtually with their patients, even conducting online medical consultations. However, there are many barriers to using the technology of online medical consultations to its full capabilities.

First, many doctors are consulting with patients that they have no established relationship with and have never examined. These doctors are diagnosing ailments, providing a treatment plan, and in some situations, prescribing medication. Diagnosing and treating a patient that you have never examined can be very dangerous, and can place the doctor in significant potential for malpractice liability. …

Walking The Wire In The Wireless World: Legal And Policy Implications Of Mobile Computing, Kimberly L. Rhodes, Brian Kunis

Journal of Technology Law & Policy

The standard nine-to-five, office-centric workday has gone the way of the dinosaur. Much of today’s corporate workforce is equipped with mobile technology that provides new levels of freedom, flexibility and efficiency. A worker can edit a document while exercising on an elliptical machine, drinking a latte at a coffee shop or riding a train. However, the benefits of mobile technology do not come without a price. The changing landscape presents a unique challenge to Information Technology (IT) departments as workers increasingly function outside the security of an office network. The potential for a security breach has always been a concern, …

Searches And Seizures: The-Times-They-Are-A-Changin' Or Technology Issue Avoidance, Michael Hrdlicka

Journal of Technology Law & Policy

No abstract provided.

Research In Native American Communities In The Genetics Age: Can The Federal Data Sharing Statute Of General Applicability And Tribal Control Of Research Be Reconciled, Ron J. Whitener

Journal of Technology Law & Policy

This article will examine several case studies highlighting the history of research conflicts to provide a context for Native American concerns with free researcher access to tribal members and their data. It will look at the federal law related to sharing data collected with federal funding and NIH’s implementation of that law, including specific data sharing policies related to genetic research. Finally it will discuss potential strategies to preempt the data sharing laws through judicial exceptions application of federal laws of general applicability by creating tribal frameworks for research conducted under tribal regulatory authority and for sharing of tribal data, …

Why Shouldn't Attorneys Be Allowed To View Metadata?: A Proposal For Allowing Attorneys To View Metadata As Long As Extraordinary Measures Are Not Taken To Do So And Opposing Counsel Is Contacted Upon Discovery Of Sensitive Information, Michael W. Loudenslager

Journal of Technology Law & Policy

This Article deals with the issue of receiving attorneys viewing what is termed the “metadata” of electronic documents transmitted by opposing counsel outside the context of litigation. Thus, the Article deals mainly with the ethical duties of attorneys who examine the metadata contained in agreements that parties are in the process of negotiating and are transmitted between party attorneys in electronic form. The Article concludes that receiving attorneys, in fact, should be allowed to view such metadata as long as the attorney does not take extraordinary measures to retrieve information that the sending attorney took affirmative action to remove or …

Defending Section 230: The Value Of Intermediary Immunity, Jeff Kosseff

Journal of Technology Law & Policy

Nemet Chevrolet is typical of many claims that are dismissed under Section 230, which Congress passed in 1996. Plaintiffs seek to hold websites accountable for damaging content posted by third parties, and courts typically deny these claims under Section 230. Many commentators have argued that such opinions are reasons to limit or repeal Section 230’s immunity for websites. The critics argue that Congress never contemplated such broad immunity for websites from defamation and other torts. But this Article argues that such changes are imprudent and inconsistent with Congress’s intentions and First Amendment principles. Section 230 has allowed the Internet to …

The Thin Divide: Business Model, Patentable Process Or Unpatentable Principle?, Eric Feld

Journal of Technology Law & Policy

No abstract provided.

The Unblinking Eye Turns To Appellate Law: Cameras In Trial Courtrooms And Their Effect On Appellate Law, Mary E. Adkins

Journal of Technology Law & Policy

This Article will discuss the likely implications of complete, gavel-to-gavel audio and video trial court recordings on the appellate record; on standards of review including appellate review of evidentiary rulings and witness credibility; and on distinctions between appeals and collateral actions.

Technology Law: What Is It—And What Should It Be?, Henry T. Greely, Mark M. Hernandez

Journal of Technology Law & Policy

No abstract provided.

Misappropriation Of Shuar Traditional Knowledge (Tk) And Trade Secrets: A Case Study On Biopiracy In The Amazon, Winston P. Nagan, Eduardo J. Mordujovich, Judit K. Otvos, Jason Taylor

Journal of Technology Law & Policy

No abstract provided.

Straightforward Information Sold Separately: Why Current Regulation Fails To Adequately Protect Children From Deceptive And Unfair Advertising, Keith A. Gorgos

Journal of Technology Law & Policy

This Article argues that while current regulation and enforcement may protect adults effectively, it fails to appropriately weigh the cognitive abilities of children. If the true mental perspectives of children are taken into account and incorporated into the FTC’s definitions of unfair and deceptive, various advertising tactics that are still used regularly in children’s advertising are potentially deceptive, misleading, or unfair to children in certain contexts. This Article argues that the use of imaginary cartoon characters, fantasy worlds, celebrity endorsements, special effects, extraneous footage and props, disclaimers that children do not understand, and the use of puffery—exaggerated, boastful statements that …

The Failure Of Public Wifi, Eric M. Fraser

Journal of Technology Law & Policy

Public WiFi was supposed to be the next big thing in connectivity. Residents were supposed to be able to connect to the Internet sitting anywhere such as on a park bench, on a couch, in an office, or in a car. Some municipalities would even offer this access for free. Local governments would install Internet-connected parking meters, high-speed Internet access in police squad cars and fire trucks, and paperless court systems. Low-income families would be able to connect to the Internet for the first time. Tourists, including conference attendees, would be able to connect to the Internet not just in …

Patentability Of Computer Software And Business Methods Post Bilski: A New Hope, Matthew Ocksrider

Journal of Technology Law & Policy

The first part of this Note examines the history of the various tests of patentability for business methods and computer software. Next, this Note examines the Bilski opinion and its progeny and how these opinions affect patentability of computer software and business methods. This Note will then compare the Bilski opinion with prior CAFC and SCOTUS precedent to highlight the changes Bilski caused. The last part of this Note introduces a new test of patentability for computer software and business methods. This test alleviates the shortcomings associated with the previous tests, which are made readily apparent by Bilski.

Fiber Optic Foxes: Virtual Objects And Virtual Worlds Through The Lens Of Pierson V. Post And The Law Of Capture, John William Nelson

Journal of Technology Law & Policy

Virtual worlds are becoming more successful. Worlds such as World of Warcraft, EVE Online, and Second Life boast hundreds of thousands to millions of subscribers all forming vibrant, online communities. Questions about the ownership status of the objects and characters in these worlds arise as they become more and more popular and as the lines between reality and virtual become increasingly blurred.

First, this Article examines whether traditional common law property rights can extend to virtual objects found in virtual worlds. Virtual objects are viewed through the lens of Pierson v. Post and the laws of property acquisition, followed by …

Esther, The Christian Queen Of Persia: Godly Queene Hester (1529) And The Appropriation Of Jewish Narratives On The Tudor Stage., Adina Van Etten

SUURJ: Seattle University Undergraduate Research Journal

This paper discusses how the 1529 play A New Enterlude of the Godly Queene Hester uses the story of Esther, the Jewish Queen of Persia, to create a model for good Christian queenship and monarchy. Previous scholarship has focused on how this play served as an allegory for contemporary political events, specifically the scandals surrounding Cardinal Wolsey and the very public decay of the marriage between Catherine of Aragon and King Henry VIII of England. Building on previous scholarship, this paper will focus on how these allegories serve to present the play’s Jewish characters and Jewishness in general. This paper …

Female Saints And The Performance Of Virginity In The Medieval Period., Katherine Howard

SUURJ: Seattle University Undergraduate Research Journal

The legends of female saints in the Middle Ages, characterized by a genre called hagiography, are steeped with violence towards women’s bodies in a favoring of their spiritual purity. These stories center the violence in tales of competition between men, where an idolterous man continually threatens her virginity and she ultimately dies in the name of her Christian faith. Their virginity, which is emphasized more through their spiritual selves than their physical bodies, is ultimately performed; performance, here, is defined by Judith Butler and serves to aid in analysis of why the stories of female saints center physical violence and …

The Influence Of Social Capital On Drought-Caused Climate Change: Low-Income Farmer Adaptation., Alex Chapman

SUURJ: Seattle University Undergraduate Research Journal

Climate change continues to destroy ecosystems, cause extreme shifts in weather patterns, and threaten the livelihood of people across the globe. Drought has become one of the most pervasive weather changes, with a particularly hard impact on low-income farmers. In order to combat the impacts of drought, farmers now must take adaptive measures, which include investing in technology, shifting planting schedules, employing different irrigation methods, and more. Social capital has been recognized as an important element in supporting livelihoods, yet it is less clear how social capital influences adaptation to climate change. This paper is a literature review, examining the …

Descartes’ Dualism And Its Influence On Our Medical System., Jordyn Correll

SUURJ: Seattle University Undergraduate Research Journal

The philosophical background of our modern medical system is often traced back to Descartes’ theory of mind-body dualism. While dualism initially allowed for the advancement of medicine as a scientific field, it prevented the development of a more holistic approach to care and presented difficulties with conceptualizing mental illness. This paper examines Descartes’ understanding of the mind-body connection and his understanding of how illness presented in the whole person. Additionally, alternative approaches to medical care are explored in an effort to promote a more holistic philosophy of care. An analysis of Descartes’ direct writings indicate that he was much more …

Black Maternal Mortality In The Us., Kelemua Tesfaye

SUURJ: Seattle University Undergraduate Research Journal

The global maternal mortality rate (MMR) has been trending downward, while the US MMR has been increasing. When the US MMR data is disaggregated by race, it becomes apparent that the burden of the MMR is carried by Black mamas. Controlling images of Black women were created during chattel slavery to justify the control and exploitation of their bodies for profit and power. These stereotypes persist to this day in the collective social consciousness, and these racist, classist images have permeated the interactions Black mamas have with others. This paper contextualizes the racial disparity by grounding itself in the role …

Climate Refugees Are Refugees And Deserve Un Recognition., Afrikaan Sahra

SUURJ: Seattle University Undergraduate Research Journal

The United Nations (UN) projects 200 million climate refugees (people displaced by climate change) by 2050. All those people will lose their homes and wander searching for new homes; some will become internally displaced, and others will try to cross borders only to meet walls. The average person lives 17 years in a refugee camp before they relocate to a third country and get resettled. Refugee camps are some of the most populated and overcrowded places globally. This makes refugees vulnerable to communicable and other diseases easily transmitted from person to person or through a vector. The rapid rise of …

Feminism And The Mexican Revolution., Claire Andrews

SUURJ: Seattle University Undergraduate Research Journal

This paper explores the positive and negative impacts of the Mexican Revolution on the freedoms, opportunities, and rights of women both during and after the war. The instability caused by the revolution allowed for the upheaval of social structures and the emergence of new, more egalitarian ideologies. Women earned influential positions in prominent fields and built powerful, public careers, thus challenging societal gender roles. In contrast, many women faced oppression, violence, and abuse throughout the war. The transient nature of both the rebel and Federal militaries, as well as their dependency on the support of women, gave rise to the …

Land Acknowledgment, Editors Of Suurj

SUURJ: Seattle University Undergraduate Research Journal

No abstract provided.

Suurj Volume 6 Entire Volume, Editors Of Suurj

SUURJ: Seattle University Undergraduate Research Journal

No abstract provided.

The Association Between Loneliness With Increased Mental Health Problems And Substance Use During The Covid-19 Pandemic In Richmond, Virginia, Angela C. Liu, Connor Cox, Mariam Sankoh, James Clifford, Courtney T. Blondino, Chanel Bea, Chimere Miles, Kim Young, Sherika Gillison-Chew, John Richardson-Lauve, Candice Turner, Elizabeth Prom-Wormley

Virginia Journal of Public Health

Background. The COVID-19 pandemic caused significant psychological distress among U.S. adults leading to increased rates of adverse mental health symptoms and substance use. This study aims to evaluate the consistency of the association between loneliness and increased mental health problems and substance use in Richmond, VA during the COVID-19 pandemic.

Methods. Data were collected in two phases: 1) internet-based surveys from August 2020 to March 2021 (N=327) and 2) paper-pencil surveys from May to October 2021 (N=225). Logistic regression was used to test the association between loneliness and increased mental health and substance use, while adjusting for sociodemographic factors and …

Learning Modalities And Mental Health During The Covid-19 Pandemic: A Literature Review, Abubakarr Jalloh, Annie D. Morgan

Virginia Journal of Public Health

Purpose: The study’s purpose was to explore how students were learning during the COVID-19 pandemic and the potential mental health outcome(s) that different classroom learning modalities may have on kindergarten-12^th grade school (i.e., K-12) students given that some of them were learning remotely or in-person, while others were doing some form of hybrid.

Methods: This study performed an extensive review of the literature, including health and educational sources from two government agencies, and three school districts in southwest Virginia. The target population for the literature review was K-12 students in the United States, with a focus on the Commonwealth …

Social Determinants Of Diabetes In Hampton Roads, Virginia, Priyadarshini Pattath

Virginia Journal of Public Health

Background: Recent research demonstrates the need to consider social and economic factors that are the determinants of diabetes along with individual factors. Although the average crude rate of diabetes in Virginia is 10.9%, some of the census tracts report a much higher rate. Neighborhoods in places like Norfolk, Newport News and Portsmouth in Virginia have a diabetes prevalence rate of around 25%. Using a multilevel approach for diabetes interventions will have a much better outcome as social determinants play a significant role in diabetes-related health disparities.

Method: Diabetes prevalence data in seven cities of Hampton Roads, Virginia was linked to …

Minutes 2020-2021, Bowling Green State University. Administrative Staff Council

Administrative Staff Council

The records of the Administrative Staff Council (UA-022) are available in print in the Center for Archival Collections.