Digital Commons Network^™

The Timing Of Claim Construction: An Analysis Of Claim Construction Procedure And A Proposed Rule To Ensure Cost Effective And Timely Relief In Patent Infringement Cases, Timothy A. Richard

Catholic University Journal of Law and Technology

The federal government issues patents to encourage inventors to produce new and useful works and advance the state of the art.[1] The patent process is simple: in exchange for the right to exclude all others from making and using an invention for an established period, the inventor provides the government — and ultimately the public — with a full disclosure of how to make and use the invention.[2] Despite this full disclosure, the terms used in patent claims are subject to judicial interpretation during litigation.[3] Both the Supreme Court of the United States (“Supreme Court”) and the …

Table Of Contents

Catholic University Journal of Law and Technology

No abstract provided.

Masthead

Catholic University Journal of Law and Technology

No abstract provided.

Volume 34 Table Of Contents, Editor In Chief

Catholic University Journal of Law and Technology

Table of Contents of Volume 34, Issue 1 of the Catholic University Journal of Law and Technology

Can Sports Leagues "Veto" Certain Online Sports Betting Wagers?, Jacob Comello

Catholic University Journal of Law and Technology

This comment will argue, in light of three Horseracing Integrity and Safety Act (HISA)-related Circuit Court cases and new guidance from the Supreme Court on the private nondelegation doctrine, that HISA provides a workable framework to resolve whether sports leagues can engage in rulemaking to prevent certain kinds of bets from taking place. Specifically, the Supreme Court and the Fifth, Sixth, and Eighth Circuits appear to have reached a large amount of common ground regarding the structure of the private nondelegation doctrine, and the Circuit Courts have found that much of HISA fits well within that structure. In light of …

Crafting A New Maryland Two-Party Consent Law With A Nice Ring To It, Ryan Brooks

Catholic University Journal of Law and Technology

Picture this: Late on a dark autumn night, a teenage boy is staying at his godfather’s house.[1] Suddenly, the boy falls victim to unspeakable sexual abuse committed by his godfather.[2] Shortly thereafter, the boy escapes the house without his godfather’s knowledge.[3] To get help, the boy tries to get the attention of a neighbor.[4] He approaches neighboring house number one—no answer.[5] He approaches neighboring house number two—no answer.[6] He approaches neighboring house number three—and the homeowner answers the door by using his “doorbell camera.”[7] The boy states that there is an emergency and …

Smart Contracts Are Neither Smart Nor A Contract: The Case Against Smart Contract Utilization In Everyday Consumer Or Commercial Transactions, Jim Moye

Catholic University Journal of Law and Technology

No doubt, most of us have gone into a local electronics store or ordered a new gadget from an online provider. After purchasing the gadget, we are eager to start operating the new purchase. Before fully utilizing the gadget, however, there are a series of screens requiring the user to read, acknowledge, and consent to, various clauses. If this process is not completed, the user is denied full access to the gadget. Thereafter, entry is granted, and the user is free to utilize the electronic device. This is a prime example of utilizing technology to automate a process that would …

At The Hart Of Immigration Reform: How Dhs’S New Biometric Database Will Infringe On The Privacy Rights Of U.S. Citizens, Permanent Residents, And Foreign Nationals, Calypso Moschochoritis

Catholic University Journal of Law and Technology

Immigration is a regular feature of American life; President Obama once described the U.S. as “a nation of immigrants.” Even as the host of more immigrants than any other nation, the American public has historically found immigration contentious. Since Congress has failed to agree on comprehensive immigration reform, this responsibility has moved to the executive and judicial branches of government. In 2016, the Department of Homeland Security (DHS) began working on the Homeland Advanced Recognition Technology (HART) Program, a new biometric information management system, to replace IDENT (Automated Biometric Identification System), DHS’s current biometrics database. HART will join other initiatives …

Volume 34 Masthead, Editor In Chief

Catholic University Journal of Law and Technology

Masthead of Volume 34 of Catholic University Journal of Law and Technology.

Journalists Perception Of The Effectiveness Of Wellness Programs At Vision Group, Edna Ruth Mubiru

Executive Masters in Media Leadership and Innovation

Employee wellness is increasingly recognized as critical to organizational success. This study investigates employee perceptions of wellness programs at Vision Group, Uganda’s largest media house. With over 200 editorial staff, Vision Group operates in a high-pressure environment characterized by tight deadlines and financial constraints. Midst growing evidence linking wellness to productivity, this research evaluates the types, effectiveness and potential improvements for wellness initiatives at Vision Group. The study utilizes a cross-sectional design with mixed qualitative and quantitative approaches. Data collection includes a survey of editorial staff, an interview with the Human Resources personnel and analysis of secondary data such as …

Strategy For Establishment Of A Swahili Creative Economy And Innovation Ecosystem: Kiwandeo Kreative District, Lamu, Kenya, Omar Swaleh Abubakar

Executive Masters in Media Leadership and Innovation

This capstone explores the strategic establishment of the Kiwandeo Kreative District, a focal point of Swahili creative economy and innovation ecosystem in Lamu, Kenya. It examines how Lamu’s rich Swahili cultural heritage, coupled with global trends in creative economies, can drive economic transformation through the establishment of a creative district. A comprehensive literature review explores concepts such as creative districts, media leadership, partnerships, infrastructure and capacity development, highlighting best practices and identifying gaps addressed by this study. This study highlights key challenges, including lack of networking opportunities, weak policy frameworks, limited capacity development and infrastructure deficits while uncovering opportunities in …

An Analysis Of Kenya Sign Language In Children’S Programming On Kenyan Tv: Towards Effective Strategies For Incorporating Ksl On Akili Tv Programs, Anne Junny Sato

Executive Masters in Media Leadership and Innovation

In Kenya, the inclusion of Kenya Sign Language (KSL) in children's programs on television holds significant potential for fostering inclusivity and accessibility for the Deaf and Hard of Hearing (DHH) community. However, the effective integration of KSL into children's programming requires careful planning, consideration of linguistic and cultural nuances, and utilization of appropriate strategies. This capstone project aims to analyse the utilisation of KSL in children’s TV programming and propose effective strategies for incorporating KSL in children's programs on Akili TV, a prominent television channel in Kenya. Drawing from linguistic theories, such as Chomsky's Language Acquisition Device (LAD), and global …

Ai Adoption In Content Management At Nation Media Group, Grace Kerongo

Executive Masters in Media Leadership and Innovation

This qualitative study focuses on the unique challenges faced by Kenyan newsrooms, particularly within the Nation Media Group (NMG), as they navigate the adoption of Artificial Intelligence (AI) technologies. Through in-depth interviews with personnel directly involved in digital content management under Nation. Africa, Business Daily and Taifa Leo the research investigates the influence of AI on various aspects of content management, including veracity, tagging, categorization, content generation and production. The findings reveal that while NMG is making strides in AI adoption, it grapples with significant barriers such as financial constraints, technical skill gaps among staff, and professional reservations regarding the …

An Assessment Of Participation And Contribution Of Women Journalists In News Processes: A Case Of Vision Group, Uganda, Caroline Arinaitwe

Executive Masters in Media Leadership and Innovation

This research assesses the participation and contribution of women in news processes at Vision Group, Uganda. Through a descriptive survey design, the study employs In-depth interviews and newsroom observations to achieve its objectives. These objectives include assessing women journalists' participation and contribution to news processes, Identifying if any gaps in the news production process would hinder the nurturing and promotion of gender-sensitive content and the viability and effectiveness of establishing a Gender desk to promote and nurture gender-sensitive content to stem the flagging audiences. The findings reveal that women's limited contribution and participation at the content-gathering level for news, politics, …

Procréation Assistée Par Autrui Et Fragmentation De La Maternité : Le Piège Du Récit Unique, Kévin Lavoie, Isabel Côté, Roxane Guay

Canadian Journal of Family Law

La fragmentation de la maternité introduite par la fécondation in vitro est une source de préoccupations sociales et scientifiques depuis une quarantaine d’années. Les débats actuels sur la grossesse pour autrui et le don d’ovules, alimentés par les mouvements féministes et les discours publics, font état d’opinions et de convictions autour de l’infertilité, de la conception de la maternité et de la disponibilité du corps des femmes dans le processus d’enfantement. Les tensions qui avivent ces débats sociaux et intellectuels opposent deux visions polarisées au sein desquelles la voix des femmes concernées est peu entendue. Cet article vise à situer …

Introduction To The Special Issue: Current Challenges In Reproduction And Law, Régine Tremblay

Canadian Journal of Family Law

No abstract provided.

Front Matter

Canadian Journal of Family Law

No abstract provided.

Private Wrongs, Public Impact: The Case For A Tort Of Family Violence, Pahul Gupta

Canadian Journal of Family Law

This research paper investigates the adequacy of current civil actions available against a particular form of family violence: intimate partner violence (“IPV”). The paper identifies the torts which are most commonly applicable in the IPV context and argues that they fail to capture the cumulative harm associated with such conduct. It identifies the shortcomings of such causes of actions and analyzes the multifaceted factors contributing to the limitations and challenges IPV victims face when pursuing such claims.

The paper provides a brief background on the historical and legal context of family violence before moving on to identifying the various causes …

Channel The Panel To Improve State Supreme Court Independence, Aditya Medicherla

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

A Last Full Measure: Defining Insurrection In The Fourteenth Amendment, Caleb Wootan

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Kid Clickbait: Online Privacy Concerns For The Children Of Today's Social Media Movement, Kiara Green

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Guilty Until Proven Innocent: An Analysis Of Racial Disparities In Civil Asset Forfeiture Seizures, Kelsey O'Callaghan

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Front Matter

Canadian Journal of Family Law

No abstract provided.

Intersecting Abuse Of People And Animals In Practice: Implications Of The Connection Between Intimate Partner Violence And Animal Abuse For Family Justice Professionals, Amy Fitzgerald, Valerie Monckton, Kerri Thomson, Kendra Coulter

Canadian Journal of Family Law

According to recent estimates, 60% of Canadian homes have at least one cat or dog, and the number continues to climb. Often considered family members, these animals are vulnerable to family violence. Their presence can also render human victims of violence more vulnerable: research indicates many victims delay leaving their abuser out of concern for their animals or consider returning to the abusive relationship because their abuser has the animal companions. Despite a substantial body of literature documenting the link between intimate partner violence (IPV) and animal abuse, research has not examined how family law professionals encounter and deal with …

Surrogacy Agencies In Canada: Intended Parents' Experiences, Stefanie Carsley

Canadian Journal of Family Law

This article sheds new light on intended parents’ experiences working with surrogacy agencies—businesses that match surrogates with prospective parents. These agencies contravene the Assisted Human Reproduction Act, a federal law that prohibits commercial surrogacy. Interviews with intended parents suggest that some agencies are taking advantage of surrogates and intended parents and lend support to calls to regulate agencies’ practices. This piece will interest scholars and lawmakers advocating for evidence-based law and policy responses to surrogacy in Canada. It broadens the frame relevant to addressing surrogacy beyond relations between surrogates, intended parents, and children to include a commercial sector.

Evaluating Elective Egg Freezing Consent Materials From Canadian Fertility Clinics, Kathleen Hammond

Canadian Journal of Family Law

The use of elective egg freezing (EEF) has rapidly increased in recent years. Despite its popularity, scholars have documented a host of concerns in relation to the use of this technology, especially given aggressive advertising of EEF by the fertility industry as “insurance” and lack of data about success rates. Informed consent processes, and informed consent materials, are particularly important in situations like EEF where healthy people are undergoing interventions that are neither life nor health preserving. Despite these concerns necessitating a rigorous consent process, no research in Canada has explored consent processes surrounding EEF at Canadian fertility clinics to …

Sorting Out Surrogacy: Three Considerations For Evidence-Informed Law Reform, Vanessa Gruben, Alana Cattapan

Canadian Journal of Family Law

This article draws on novel survey research with surrogates in Canada—the Exploring Surrogates Experiences and Insights Survey—to examine three critical issues for potential law reform: (1) reimbursement and compensation (i.e., payment); (2) the work of surrogacy agencies; and (3) surrogacy arrangements involving foreign intended parents. Following a brief history of the regulation of surrogacy in Canada and a description of the survey’s methods, it explores each of these areas in turn, using the survey results to identify considerations for law reform. It argues that while the current legislative and regulatory framework largely addresses key issues related to commercialization and commodification, …

Establishing The Philippine Cancer Center National Cancer Research Agenda 2024-2028: Insights And Future Directions, Frederic Ivan L. Ting, Edward Christopher Dee, Ma Katrina Domenica R. Ting, Abigail R. Tud, Erin Jay G. Feliciano, Erika P. Ong, Carol V. Narra

Ateneo School of Medicine and Public Health Publications

No abstract provided.

Enablers And Barriers To The Use Of Portable Ultrasound Devices For Antenatal Care In Rural Health Centers In The Philippines, Jacob Anthony Batuhan, Reynan Hernandez, Florentina Villanueva, Airen Sigue, Kevyn Yu, Kate Wad-Asen, Beatriz Carandang, Jeremie Bartelheimer

Ateneo School of Medicine and Public Health Publications

Objectives

This qualitative study aims to examine the enablers and barriers to portable ultrasound device utilization for antenatal care in rural Philippine health centers, with the goal of improving maternal outcomes and reducing maternal mortality.

Methods

We conducted focus group discussions with 18 healthcare workers (midwives, a nurse, and a radiologic technician) and 20 pregnant women across 5 rural health centers. We used inductive thematic analysis to identify system-related, provider-related, and client-related enablers and barriers.

Results

Enablers included free ultrasound services, hospital policies requiring prenatal scans, provider training, awareness creation, patient interest and acceptance, and confidence in HCWs’ capabilities. Barriers …

Testing Our Faith: Why It Is Important To Study The Complexity Of Client Experiences In Family Dispute Resolution, Heather Heavin, Brea Lowenberger, Michaela Keet

Canadian Journal of Family Law

Increasingly across Canada, court-based processes are being recast as forums of ‘last resort’ for family conflict. Studies inviting lawyers to reflect on the success of their collaborative negotiations, mediations, and settlement conferences show optimism—faith that the quality of their clients’ experiences has been more positive, or, at least, less damaging. As researchers, however, we know less about how the parties in the midst of separation and divorce actually experience those processes. The Saskatchewan study described in this article suggests that ‘the inside’ of dispute resolution (DR) processes in family conflict might be as qualitatively painful, negative, and difficult as the …