Digital Commons Network^™

Instructor's Manual: Where's My Compass?, Steven Sparling

Journal of Arts Entrepreneurship Education

The performing arts is a perennially over-subscribed market with more performers than available jobs. The COVID-19 pandemic brought a previously constrained market to a standstill. For many students graduating from musical theatre and acting programs the lack of employment opportunities in performance was discouraging. The attached case studies examine the experience of three graduates and how they used skills adjacent to their performing skills to launch small business ventures. This Instructor’s Manual uses SWOT Analysis and the Ansoff Matrix as tools to assist students in analyzing the case studies (and as planning tools for their own entrepreneurial ventures). It also …

Interpenetrated Lattices Of Quaternary Chalcogenides Displaying Magnetic Frustration, High Na-Ion Conductivity, And Cation Redox In Na-Ion Batteries, Santhoshkumar Sundaramoorthy, Srikanth Balijapelly, Sudip Mohapatra, Sutapa Bhattacharya, Kartik Ghosh, Amitava Choudhury

Chemistry Faculty Research & Creative Works

A series of quaternary selenides, NaxMGaSe₄ (M = Mn, Fe, and mixed Zn/Fe), have been synthesized for the first time employing a high-temperature solid-state synthesis route through stochiometric or polychalcogenide flux reactions. Along with the selenides, a previously reported sulfide analogue, NaxFeGaS₄, is also revisited with new findings. These compounds form an interpenetrated structure made up of a supertetrahedral unit. The electrochemical evaluations exhibit a reversible (de)intercalation of ∼0.6 and ∼0.45 Na-ions, respectively, from Na_2.87FeGaS₄ (1a) and Na_2.5FeGaSe₄ (2) involving Fe²⁺/Fe³⁺ redox when cycled between 1.5 and 2.5 …

Kit Foxes Demonstrate Adaptive Compromise Characteristics Under Intraguild Predation Pressure By Coyotes In The Great Basin Desert, Nadine A. Pershyn, Eric M. Gese, Erica F. Stuber, Bryan M. Kluever

Wildland Resources Faculty Publications

Coyotes (Canis latrans) are believed to contribute to declining kit fox (Vulpes macrotis) numbers in the Great Basin desert through intraguild predation. Intraguild prey have been shown to exhibit adaptive compromise, whereby an animal increases selection for risky, but food-rich areas during times of food stress (i.e. winter). We evaluated the habitat selection of kit foxes in the Great Basin desert to elucidate if they demonstrated adaptive compromise as a method of coexisting with coyotes. We created 2nd order resource selection functions to analyze kit fox habitat selection associated with coyote relative probability of use (RPU), …

Afsanteen, Llc, A Utah Limited Liability Company Plaintiffs/ Appelants V. Michael Mansfield, An Individual; David R. Salo, An Individual; Joseph E. Monson, Jr., An Individual; Smart Tech Development, Llc, A Wyoming Limited Liability Company; And John Does 1-50 Defendants/ Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM SUMMARY JUDGMENT ENTERED BY THE HONORABLE DEREK P. PULLEN OF THE FOURTH JUDICIAL DISTRICT COURT, IN AND FOR UTAH COUNTY, STATE OF UTAH

Sean N. Egan, Attorney for Defendants, Nate D. Ashcraft, Denver C. Snuffer, William T. Jennings

DAVID DRAKE, Attorneys for Afsanteen, L.L.C

Teacher Candidate Learning Of Interdisciplinary Controversial Issues: Linking Social Studies And Science In The Elementary School Curriculum, Brandon M. Butler, Stephen R. Burgin, Mark Diacopoulos, William Mcconnell

Open Educational Resources - Teaching and Learning

Teaching controversial issues poses challenges for teacher candidates, stemming from apprehensions about potential backlash and gaps in content and pedagogical knowledge. The prevailing emphasis on tested subjects such as mathematics and reading/writing in elementary school education often sidelines social studies and science, limiting opportunities for candidates to engage with these disciplines and their associated instructional strategies, including addressing controversial topics. Integrating social studies and science with other subject areas emerges as a viable approach to ensure comprehensive education. Teacher education coursework serves as a vital platform for exposing educators to interdisciplinary curriculum design and implementation. Such exposure prompts teacher candidates …

Genealogical Ethics In The United States And The Popularization Of Genealogical Research In The Digital Age, Thomas Daniel Knight

History Faculty Publications

This article examines genealogical ethics in the digital age. At a time when more resources for research are available digitally than ever previously, digital media also pose challenges for the large-scale dissemination of false or misleading information as well as the incautious presentation of more careful research that then might be misconstrued by some. This article first reviews the literature about the development of academic genealogy and professional ethical standards. It then provides a series of case studies, each of which examines particular situations in which ethical questions have arisen about the presentation of research findings. This article argues for …

Nyls’S Civic Fame Award Honors Profound Impact Of Nyc Law Department, Jennifer Bancamper

NYLS Community News

No abstract provided.

High Boarding Rates Of Older Adults In The Emergency Department: An On-Going Threat To Quality And Safety, Stacie Levine

Journal of Geriatric Emergency Medicine

No abstract provided.

Tax Law Analysis, Bradley T. Borden

Brooklyn Journal of Corporate, Financial & Commercial Law

Tax law has a unique analytical framework, which the nature of tax law requires. In areas of uncertainty, advisors and taxpayers are unable to determine the outcome of some reporting positions. If a taxpayer takes a reporting position that results in the taxpayer paying less tax at the time a tax return is filed, the taxpayer runs the risk of being required to pay tax later upon an IRS audit. Congress recognizes that there are areas of uncertainty in tax law and only imposes penalties if the authority supporting a reporting position is weak. To determine the strength of a …

Cutting The Corporate Puppet Strings Off Your Physician’S Hands: How Approval Requirements For Material Health Care Transactions Will Improve Patient Outcomes, Jacqueline Grundfast

Brooklyn Journal of Corporate, Financial & Commercial Law

Health care expenditures have grown substantially in recent years, captivating the attention—and investments—of private equity firms. While funding appears attractive to health care institutions, the conflicting priorities of hospitals and firms regarding patient outcomes and monetary gain lead to detrimental impacts on the quality, access, and cost of patient care. These effects highlight the current deficit of federal and state regulation targeting private equity involvement in health care. Recently, states have responded to this absence of legislation by enacting or proposing new laws to govern material health care transactions. In May 2023, New York followed the trend, ratifying Article 45-A …

Baseball's Antitrust Exemption Still Looms Large For Minor Leaguers Despite Their Recent Unionization & Collective Bargaining Agreement, Rodney William Cannon

Brooklyn Journal of Corporate, Financial & Commercial Law

Over a hundred years ago, the Supreme Court of the United States granted Major League Baseball (MLB) an antitrust exemption, allowing the organization to engage in anticompetitive practices that antitrust laws are designed to prevent. Today, MLB remains the only sports league with an antitrust exemption, despite legal challenges and inquiries, especially regarding its impact on the recently unionized Minor League Baseball players in 2022. Issues related to the exemption arise from the history of poor conditions for Minor League Baseball players in relation to their wages, living conditions, and transportation, among others. Despite recent improvements resulting from unionization and …

The Section 1031 Qualified-Use Requirement, Bradley T. Borden

Brooklyn Journal of Corporate, Financial & Commercial Law

Section 1031 allows owners of real property to dispose of their property and acquire replacement real property tax-free, and it is one of the most widely used transactional-planning provisions in federal tax law. With the variation in size of the transaction to which section 1031 applies comes varying levels of advice available to property owners. The significant variation in advice that property owners receive affects the actions that they take with respect to their property. Such variation appears to be most pronounced with respect to section 1031 exchanges that occur in proximity to business transactions (i.e., contributions to and distributions …

The Section 1031 Exchange Requirement, Bradley T. Borden

Brooklyn Journal of Corporate, Financial & Commercial Law

Section 1031 is the most widely used transactional tax-planning tool in federal income tax law. It allows owners of real property to transfer their property and acquire like-kind real property without recognizing taxable gain. Yet one of its most fundamental elements—the exchange requirement—remains under-analyzed and widely misunderstood, with costly consequences to untold numbers of taxpayers every year. Inaccurate information regarding the exchange requirement is disseminated to property owners by advisors and exchange professionals, causing property owners to forego business and transactional opportunities. Other property owners pay for costly transactional planning at the urging of advisors who misunderstand the exchange requirement. …

Running From Blanket Licensing: How Fitness Platforms Do Not Sync With Current Music Licensing Procedure, Kathryn Defranco

Brooklyn Journal of Corporate, Financial & Commercial Law

Online Fitness Platforms, like Peloton, have become ubiquitous in a modern post-Covid world. Fitness classes are catered to the musical interests of their users, increasing user satisfaction. Although technology has advanced to accommodate the remote fitness industry, the legal structures in place for synchronization licenses have not. Such platforms have a unique need to clear music on a quick and consistent basis that does not break the bank. Downtown Music Publishing LLC v. Peloton Interactive, Inc., highlights the necessity for a federal statutory scheme similar to those used for other music licenses. A solution that protects competition but does not …

Using Express Federal Preemption To Avoid A Costly State-By-State Regulatory Landscape For Social Media Platform, Benjamin Summers-Berger

Brooklyn Journal of Corporate, Financial & Commercial Law

Over the last five years, the federal government has been slow to respond to the growing number of calls for social media regulation. Social media has a massive impact on American life, fostering connections among people and amplifying information. The companies that own and operate these platforms enjoy a power to disseminate information that has been likened to that of the Catholic Church in the Middle Ages. Yet, there is no substantive regulation of these companies by the federal government. Instead, state governments are attempting to fill the regulatory void left by the federal government. As seen with gerrymandering, if …

Sounds Of Silence: Codifying The Unimpaired Creditor’S Right To Post-Petition Interest At The Contract Rate, Matthew Killip

Brooklyn Journal of Corporate, Financial & Commercial Law

Capital markets, reliant on a framework of transactional predictability and legal surety, face a nuanced challenge arising from the U.S. Bankruptcy Code’s provisions for solvent debtors in Chapter 11 cases. This challenge is the precise methodology for calculating post-petition interest rates on claims of unimpaired, unsecured creditors—a calculation that hinges on whether to apply the contract, state law, or the federal judgment rate. Section 502(b)(2) of the Bankruptcy Code generally prohibits the accrual of interest after a bankruptcy filing. However, this ban is circumvented when the debtor is solvent—the so-called “solvent debtor exception.” This exception, stemming from pre-Bankruptcy Code practice, …

Johnson & Johnson’S Dance With Bad Faith: A Look At How Large Corporations Utilize The Bankruptcy Code To Avoid Liability From Mass Tort Claims, Amy West

Brooklyn Journal of Corporate, Financial & Commercial Law

Since Congress enacted the current Bankruptcy Code in 1978, large corporations have strategically used bankruptcy law to evade liability in mass tort claims. This Note examines three case studies illustrating such attempts. The first case involves Johnson & Johnson, which tried to use the so-called “Texas Two-Step” maneuver to circumvent liability for 38,000 pending talc-related lawsuits linked to injuries caused by its well-known Baby Powder. The second case is the Purdue Pharma bankruptcy. Purdue Pharma, the pharmaceutical manufacturer responsible for creating OxyContin, faces thousands of claims for strict liability, negligence, and failure to warn. The issue here is whether the …

Tax Law Analysis Applied To Section 1031 Exchanges & Proximate Business Transactions, Bradley T. Borden

Brooklyn Journal of Corporate, Financial & Commercial Law

The popularity of nonrecognition of gain under section 1031 of the Internal Revenue Code attracts advisors from several corners of the real estate industry, including real estate attorneys; real estate professionals, such as brokers; section 1031 qualified intermediaries; and tax advisors. The varying degrees of professional training often results in advice varying from one advisor to the next. Nowhere is this more apparent than with respect to so-called “drop-and-swap” and “swap-and-drop” transactions. Some advisors claim that property owners must hold property for a specific period of time before or after an exchange to qualify for section 1031 nonrecognition. Others advise …

Reconsidering Scienter With Social Media: Adapting Rule 10b-5 In The Age Of Elon Musk Tweets, John Madigan

Brooklyn Journal of Corporate, Financial & Commercial Law

Over the last twenty years, the rise of social media has dramatically changed how the world communicates. One such transformation is the use of social media platforms to disseminate information regarding the financial markets, aiding investors in their trading decisions. While increased access to financial information has democratized retail consumers’ access to capital markets, it has also introduced a level of instability. Furthermore, social media enables individuals with mass followings to disseminate their thoughts, opinions, or information, potentially influencing investors’ behavior and creating an environment conducive to securities fraud. Since its promulgation, the United States Securities and Exchange Commission (SEC) …

Ticnerships, Bradley T. Borden

Brooklyn Journal of Corporate, Financial & Commercial Law

Tenancy-in-common (TIC) ownership has been around for centuries, but the commercial use of TIC ownership of real property has accelerated over the last couple of decades. The impetus for TIC ownership of real property is twofold: (1) a desire property owners have to obtain the tax benefits of section 1031 of the Internal Revenue Code and (2) the desire property owners have to own property with other property owners and other professional managers and developers. Because section 1031 only applies to exchanges of real property, interests in partnerships and LLCs—the most common type of real property ownership—do not qualify for …

Empowering Nurses As Change Agents For Climate Action: A Global Advocacy Action Plan, Ongelique Conflenti

Global Advocacy

Background: The World Health Organization has identified climate change as the single biggest threat to human health. Healthcare systems will inevitably struggle to meet the increasing demand of a sicker population as climate hazards increase in frequency and intensity (e.g. extreme heat, air pollution, extreme weather events). The healthcare sector itself, however, is a significant source of greenhouse gas emissions, exacerbating the burden of disease on the patients and communities it serves. Radical transformation of the healthcare sector and its workforce is urgently needed to create climate-resilient health systems that align with the United Nations' Sustainable Development Goals (SDGs). As …

Ndls Communicator: Week Of 06.24.24, Notre Dame Law School

NDLS Communicator

The Latest News

• ND Law to hold fourth annual Notre Dame Religious Liberty Summit at the University of Notre Dame
• Notre Dame Law professors lead meeting of the Saint Catherine Circle in Budapest
• Athletics Director Emeritus Jack Swarbrick joins Dean Cole for fireside chat in New York City
• Carter Snead testifies before US Senate Judiciary Committee
• ND Law Global Human Rights Clinic co-organizes Summer University on Human Rights, Education, and Sustainability
• Notre Dame Law students assist with asylum applications and eviction sealings at spring clinics
• Professor Jimmy Gurulé attends “Rebel Nun” world premiere at Tribeca Film Festival

Faculty Briefs

• Sherif …

Intouch Week Of June 24, 2024, New York Medical College

InTouch

• Teeing Off for Tomorrow’s Scholars at the Golf Outing
• New Medical School Linkage Agreement for GSBMS Students
• Dr. Halperin Offers Thoughts on the American Hearing Aid Market
• Scarring Persists in Patients with COVID-19 Vaccine-Associated Myocarditis
• Study Suggests Diagnostic Surgery Can Be Used Safely on Children with Epilepsy
• Department Spotlight: The Office of Government Affairs Advances the College’s Mission, Education, and Research
• Alumni Spotlight: Dr. Mboge Plants Seeds of Change from The Gambia to New York

A Workplace Security Framework: Mitigating Employee-Related Threats, Alan Saquella

Publications

In the modern discussion on workplace security, the focus often centers around preventing active shootings and violence stemming from terminated or disgruntled employees. The article “Publicly Humiliating Events: A Precursor to Workplace Violence” by Karie Gibson, Lauren Brubaker and Andre Simons rightly highlights the crucial role that public humiliation plays in triggering such violent acts. However, beyond the immediate threat of homicide, there exists a broader spectrum of potential risks posed by former employees, including acts of sabotage, espionage, vandalism and cyberattacks, all of which demand attention and proactive measures from security professionals.

Optimizing Cybersecurity Operations Using Data-Driven Intelligence, Jalal Ghadermazi

USF Tampa Graduate Theses and Dissertations

Cybersecurity operations centers (CSOCs) play a crucial role in safeguarding organizations from cyber threats. CSOC operations are divided into two main areas: Intrusion detection systems (IDS) and security response team (SRT) operations. Machine learning (ML) and deep learning (DL) advancements have significantly improved IDSs. IDS can be either flow-based, suitable for offline analysis, or packet-based, which analyze traffic in real-time. However, packet-based IDS often treat packets independently, ignoring the sequential nature of network communication. Additionally, recent ML/DL approaches also struggle with capturing global and structural information and novel attack detection due to their reliance on labeled data. The SRT within …

Transforming Organizational Cyber Security With Artificial Intelligence And Data-Driven Optimization, Soumyadeep Hore

USF Tampa Graduate Theses and Dissertations

This dissertation presents a comprehensive framework for enhancing organizational cybersecurity through data-driven intelligence. The research integrates multiple methodologies to tackle challenges in network intrusion detection and vulnerability management within cybersecurity operations centers (CSOCs). First, the research investigates vulnerability prioritization and mitigation techniques currently employed by CSOCs. To further streamline the vulnerability prioritization and mitigation process a machine learning (ML)-based Vulnerability Priority Scoring System (VPSS) is introduced, significantly improving the prioritization and mitigation of context-sensitive vulnerabilities. The VPSS outperforms traditional methods, reducing the cumulative vulnerability exposure score by up to 30% by considering both organizational context and vulnerability severity. Next, the …

Facebook’S Shared Articles On Hpv Vaccination: Analysis Of Persuasive Strategies, L Aubree Shay

Faculty, Staff and Student Publications

Background: The current study analyzed articles shared on Facebook between 2019 and 2021 that discuss the HPV vaccine. Results address a gap in knowledge about the persuasive strategies used in HPV vaccine discourse on Facebook.

Methods: Using Buzzsumo.com, we collected 138 articles, shared on Facebook between 2019 and 2021, with the highest "engagement scores," or total number of reactions, comments, and shares. Using a content analysis methodology, three independent coders were trained in using the study codebook, achieved acceptable inter-rater reliability (Krippendorf's alpha = 0.811), and coded each article in Atlas.ti.

Results: Seventy-two articles had a positive valence toward the …

Achieving Fairness Across Local And Global Models In Federated Learning

Faculty, Staff and Student Publications

Achieving fairness across diverse clients in Federated Learning (FL) remains a significant challenge due to the heterogeneity of the data and the inaccessibility of sensitive attributes from clients' private datasets. This study addresses this issue by introducing \texttt{EquiFL}, a novel approach designed to enhance both local and global fairness in federated learning environments. \texttt{EquiFL} incorporates a fairness term into the local optimization objective, effectively balancing local performance and fairness. The proposed coordination mechanism also prevents bias from propagating across clients during the collaboration phase. Through extensive experiments across multiple benchmarks, we demonstrate that \texttt{EquiFL} not only strikes a better balance …

Developing A General Methodology To Enhance Simulation Modeling Capabilities Using Process Mining, Rahul Mudliar

Theses and Dissertations

This thesis introduces a methodology that integrates process mining with Discrete Event Simulation (DES) to improve the accuracy and applicability of simulation models. Traditional DES models often face challenges due to manual process mapping and subjective assumptions, leading to inaccuracies. By leveraging data from systems like ERP through process mining, this research generates precise process maps and high-quality data for DES modeling. The structured DES model incorporates real-time data feeds and iterative refinements to enhance model reliability. Process Mining tool is used to visualize and analyze actual process flows, identify bottlenecks, and provide performance metrics for model validation. This research …

The Making Of Policy On Intellectual Property, Innovation And Technology Within The Caribbean Community ( Caricom), And The International Agenda, Abiola Inniss

Journal of Social, Behavioral, and Health Sciences

Over the last three decades, the making and implementation of policy on intellectual property rights (IPR), innovation, and technology within Caricom (Caribbean community) has been fraught with issues. These include the lack of clear direction on the development of science, technology, and innovation, as well as the attendant IPR policies and laws that would support their actualization at the level of the Caricom heads of government and the highest levels of administration. International groups and organizations have long attempted to raise the levels of awareness and use of IPRs in the region through investments in workshops, seminars, training sessions, and …