Digital Commons Network^™

Building Services Engineering March/April 2023

Building Services Engineering

No abstract provided.

Supply Chain Success Depends On Workers, Sarah Schiffling, Nikolaos Valantasis Kanellos

Articles

2022 proved to be a difficult year for the people side of supply chains and the global transport networks that support them. Labour shortages and labour disputes put further pressure on systems that were already struggling with the fallout from the Covid-19 pandemic, the war in Ukraine, and the impact of climate change. Amid high levels of inflation, workers around the world have been striking for better pay and conditions, in areas as different as healthcare, waste management, and teaching. For example, 2022 saw port related strikes quadrupling in comparison to the previous year.

Aggregate Information And Organizational Structures, Gorkem Celik, Dongsoo Shin, Roland Strausz

Economics

We study information flows in an organization with a top management (principal) and multiple subunits (agents) with private information that determines the organization's overall efficiency. Under centralized communication, eliciting the agents' information may induce the principal to manipulate aggregate information, which obstructs an effective use of information. Under hierarchical communication, the principal concedes more information rent due to loss of control, but is able to use the agents' information more effectively. The trade-off between the organizational structures depends on the likelihood that the agents are efficient. Centralized communication is optimal when such likelihood is low. Hierarchical communication, by contrast, is …

Iowa Waste Reduction Center Newsletter, March 2023, University Of Northern Iowa. Iowa Waste Reduction Center.

Iowa Waste Reduction Center Newsletter

Contents:

--- IWRC Energy Trends Workshop
--- Iowa Minor Source Emissions Inventory Assistance
--- Industry News

Tennessee Bed Space And Operating Capacities, March 2023, Tennessee. Department Of Correction.

Bed Space & Capacity Reports

No abstract provided.

Lac Du Flambeau Band Of Lake Superior Chippewa Indians V. Coughlin: Brief On Behalf Of Amici Curiae Professors Of Federal Indian Law In Support Of Petitioner, Matthew L.M. Fletcher

Appellate Briefs

Amici law professors listed in the Appendix are leading scholars and teachers of federal Indian law, with expertise in the rules of statutory interpretation that preserve the sovereign immunity of Native Nations absent Congress’s unequivocal expression of its intent to abrogate it. They file this brief out of a shared belief that the decision below is irreconcilable with this Court’s precedents and encroaches upon Congress’s constitutional authority to determine federal Indian policy.<\p>

The question of statutory interpretation in this case is answered by two bedrock principles of federal Indian law and the constitutional separation of powers between Congress and the …

Unbelievable: How Narrative Can Help Vulnerable Narrators Overcome Perceived Unreliability In The Legal System, Cathren Page

Articles

This article examines how advocates can champion vulnerable narrators’ truths. First, advocates must prime the audience by educating the audience about the ways the vulnerability manifests; this process helps to allay credibility questions. Second, advocates must reframe seemingly untrustworthy behavior by showing how the behavior is consistent with someone in the vulnerable narrator’s situation. Third, advocates must create what fiction writers call verisimilitude—a sense of reality—by including concrete details that logically fit together in the legal narrative. Finally, advocates must label the tactics commonly used to discredit vulnerable narrators so that the audience can see those tactics for what they …

Arbitration: Who Does It Better?, Emma Pearson

Cardozo International & Comparative Law Review (CICLR) Blog

Arbitration is a form of dispute resolution used as an alternative to litigation. It has become an increasingly common method of dispute resolution in the United States, with over 9,000 cases and 15 billion dollars going to arbitration in 2021. Arbitration is seen as a beneficial alternative to litigation in the United States for a number of reasons. It takes much less time than traditional litigation so parties can expect to have a resolution to their claim much faster. Additionally, it can be much more cost effective than litigation because it does not have the same extensive discovery process as …

A Simple In Situ Method For Optimizing Settings For The Einzel Lens Elements In A Focused Ion Beam, Rich Swinford, Erik Sanchez

Physics Faculty Publications and Presentations

Ion beams have had an incredible impact on research in the past couple of decades. One major reason for this is the continued development of systems having optimal beam currents that allows one to image more clearly at different spot sizes to include higher currents that allow for faster milling. The advancements for Focused ion beam (FIB) columns have developed rapidly due to the computational optimization of lens designs. However, once a system has been produced, the optimal column settings for these lenses may change or simply become obscure. Our work involves regaining this optimization with the newly applied values …

Tennessee Felon Population Update, March 2023, Tennessee. Department Of Correction.

Felon Population Reports

No abstract provided.

An Analysis Of College Students’ Stories About How Their Religious Backgrounds Impacted Their Sexual Attitudes, Brookelyn Bochenek

Communication Studies

The goal of this paper was to examine the impact of college students’ religious background on their sexual attitudes. Grounded in the Narrative Paradigm (Fisher, 1984), qualitative interviews were conducted to allow participants to share their experiences. Thematic analysis of the data (Braun & Clarke, 2006) was conducted to uncover the themes that animated their narratives. The themes that emerged were a) conceptualization of sex, b) exploration of sexuality and dating, and c) negotiation of religious identity and beliefs. Findings were consistent with and corroborated past research regarding sexual socialization and religious dualities. Study limitations and directions for further research …

Study On Visibility Promotion For Regional High-End Hotels Based On The Value Co-Creation Theory, Pingan Luo

Dissertations and Theses Collection (Open Access)

Regional high-end hotels play a great leading role in industry communication, tourism, and consumer culture in the area where they are located. However, regional high-end hotels rely on the area’s industry background and economic development for their survival and operations. Hence, their brand influence seldom spread outside the area. As a result, the limitations of brand awareness have been challenging the rapid development of regional high-end hotels. The existing research has not come to a clear theoretical response to this challenge. To enhance research in this field, this paper grounded on value co-creation theory posed one core question and three …

Volume 106, Spring 2023 Masthead

Marquette Law Review

None.

Employee Beware: Why Secret Workplace Recordings Are Risky Business For Employees, Marc C. Mcallister

Marquette Law Review

This Article examines the risks for employees when secretly recording workplace conversations. Although many employers flatly prohibit employees from secretly recording workplace conversations, case law contains dozens of examples of employees conducting such espionage. In the typical case, employees secretly record conversations to gather evidence to support claims of discrimination, harassment, or whistleblowing, but many of those individuals were likely unaware of the pitfalls associated with their clandestine activities. This Article uncovers various pitfalls for employees when secretly recording workplace conversations. These include being fired by their employer for violating its no-recording policy, finding courts unreceptive to claims of retaliation …

Is It Time For Federal Regulation Of The Tax Preparer Industry? New Insights From Legal And Empirical Developments, Jessica A. Magaldi, Matthew Reidenbach, Jonathan S. Sales, John S. Treu

Marquette Law Review

The tax preparer industry is unusual in that it involves the interpretation of an intricate and complicated tax code, but imposes no minimum requirements of competency because the industry is largely unregulated. A study by the Government Accountability Office (GAO) indicated that unregulated tax preparers commit significantly higher error rates and, based in part on that study’s findings, the Internal Revenue Service (IRS) attempted to regulate the tax preparer industry nationwide under the Registered Tax Return Preparer (RTRP) regime. This RTRP program was invalidated in Loving v. IRS, however, leaving the industry largely unregulated, except in the small minority …

The Legacy Of Trayvon Martin—Neighborhood Watches, Vigilantes, Race, And Our Law Of Self-Defense, Mark S. Brodin

Marquette Law Review

Reflecting back a decade later, what is the enduring significance of the Trayvon Martin case—a Black teenager whose life is violently cut short, and a legal system that accepted his death without consequence? The poet Elizabeth Alexander speaks of “The Trayvon Generation” of Black youth who have grown up in the haunting shadow of his killing, and the anguished parents who cannot protect their children from such a fate. America’s first Black president spoke for them: “When I think about this boy, I think about my own kids. If I had a son, he’d look like Trayvon,” Barack Obama told …

Warren/Burger Courts Exalted “Free” Expression Over Other American Values, Louis W. Hensler Iii

Marquette Law Review

Anglo-American defamation law started with a simple condemnation of the sin of evil speaking. Eventually, this value condemning harmful speech was accommodated to the value of speaking the truth, even hurtful truth. A third value of fostering responsible self-government was injected into American defamation law at and around the time of the American Revolution. This value makes it especially important for citizens to freely speak even hurtful truth about their government.

2023-March-01-Etsu Pharmacy Alumnus Demonstrates Critical Role Of Pharmacists After Medical Emergency, Bill Gatton College Of Pharmacy, East Tennessee State University, University Marketing And Communication, East Tennessee State University

ETSU News

When East Tennessee State University (ETSU) Bill Gatton College of Pharmacy alumnus Hayden Stanton (’22), PharmD, MBA, went to work at Food City Pharmacy in early December, it was just another day in the life of a community pharmacist: verifying prescriptions, giving vaccinations, and counseling patients to aid in taking medications effectively.  

But what he didn’t expect was a medical emergency that would have him go beyond his usual community pharmacy role and put his medical training to the test.

Katie Callerhorn, a current medical student at ETSU Quillen College of Medicine, was experiencing what she thought was an allergic …

Long-Term Fixes For Short-Term Leases: The Unsettled World Of Airbnb Regulation, Clayton Watts

The Business, Entrepreneurship & Tax Law Review

Airbnb and the sharing economy are becoming a huge part of the United States and the world economy. The rise of Airbnb, however, has caused strife as jurisdictions seek to regulate and moderate the side effects of having Airbnb rentals in their communities. There is no consensus about how to accomplish this, though there are four main approaches that have surfaced: the Outlawing Model, the Anti-Local Model, the Taxation Model, and the Restriction Model. Each one presents its own strengths and weaknesses. This article seeks to analyze the development of Airbnb regulation through these different approaches and to try and …

Sampled! Revisiting Fair Use And De Minimus Copying In Music Sampling, Connie Davis Nichols

The Business, Entrepreneurship & Tax Law Review

Could your favorite mash-up be an infringement under Copyright law? At one time, sound recordings featured a simplified copyright infringement analysis under the 2005 Bridgeport Music decision, which held that the Copyright Act provided copyright holders an exclusive right to sample their own work and any other sampling constituted infringement, unless it was a fair use. This decision remained intact until the VMG decision in 2016, which renewed the availability of the de minimis infringement defense in music sampling cases and held that sampling without a license did not constitute infringement so long as the sample was not recognizable by …

Defining Fair Use In The Digital Era: A Tentative Appraisal Of Google Llc V. Oracle America, Inc., Dale P. Olson

The Business, Entrepreneurship & Tax Law Review

Fair use, as a defense to a claim of copyright infringement in American law, has evolved within a framework rooted in nineteenth century precedents. Fair use was assessed by the United States Supreme Court in Google LLC v. Oracle America, Inc., which required the Court to address the factually intensive inquiry required by an assertion of fair use against an expansive use of copyrighted software code by Google LLC. In reversing a decision by the United States Court of Appeals for the Federal Circuit in favor of Oracle America, and negating a potentially multi-billion dollar damage award, the Court evaluated …

Unreasonable Royalty: Realigning Economic Incentives Involving Innovation In The Age Of Patent Assertion Entities, Jordan Duenckel

The Business, Entrepreneurship & Tax Law Review

Patent litigation is a high-stakes endeavor when jury verdicts can be in the hundreds of millions or even billions. With this much at stake, the judicial system is ripe for abuse by parties that aren’t inventors or producers: nonpracticing entities. Various steps have been taken to mitigate or discourage the gaming of the system but have not been successful for various reasons. This Article proposes the novel solution of incorporating a federal damages cap into 35 U.S.C. § 284 to shift the underlying economic incentives toward innovation. After discussing some likely challenges to the proposal, this Article concludes that the …

2023-March-01-Meet Railroad 'Captain Tom' Goodin, University Marketing And Communication, East Tennessee State University

ETSU News

JOHNSON CITY – Supervisors called him faithful and loyal and ever safety-minded. Patrons lauded him for kindness and empathy. 
 
Some said he loved the job more than life itself. 
 
One thing is for sure: he was passionate about the railroad.
 
The late Thomas E. Goodin, a conductor with the Clinchfield Railroad, is an anomaly in railroad history. He worked an astonishing 51 years and received neither an injury nor a demerit.

ETSU’s Archives of Appalachia home to hundreds of artifacts

This work and more has been digitally cataloged by the Archives of Appalachia, part of the Center for Appalachian …

2023-March-01-Primary Sources, University Marketing And Communication, East Tennessee State University

ETSU News

No abstract provided.

2023-March-01-Wets-Fm Spring Fund Drive Happening Soon, University Marketing And Communication, East Tennessee State University

ETSU News

JOHNSON CITY – Listener support has kept public radio on the airwaves in the Appalachian Highlands for more than four decades. Listener support has kept public radio on the airwaves in the Appalachian Highlands for more than four decades. 

WETS-FM, located on the campus of East Tennessee State University, is asking for that support to continue. 

The station’s spring fund drive runs March 18-24.

“From news stories to informed opinion, public radio is critical here and throughout our country,” said Chad Barrett, station director. 

Donations made to the station go directly to support programming from NPR, APM and …

2023-March-01-Why I Teach- Dr. Daryl Carter, University Marketing And Communication, East Tennessee State University

ETSU News

No abstract provided.

Testing For Disguised Dividends In Compensation For Employee-Shareholder Of Closely Held Corporations: An Analysis Of Federal Court Testing Regimes And Their Impact On The Predictability Of Outcomes, Matthew Edward Lewis

The Business, Entrepreneurship & Tax Law Review

The Internal Revenue Code generally allows for a corporation to deduct compensation paid to its employees. However, in a closely held corporation, where an employee is also a controlling shareholder, compensation paid to the employee-shareholder may be characterized as nondeductible dividends. This paper analyzes the major testing regimes used by the federal circuit courts to test for nondeductible dividends in compensation paid to employee-shareholders of closely held corporations. Further, this paper analyzes whether any of the federal testing regimes provide for more predictable outcomes to both the Internal Revenue Service and taxpayers. Finally, this paper explores whether new regulations would …

Heller, Mcdonald, Bruen, And The Unconstitutional Tax Burden Of The Nfa, Robert T. Lass

The Business, Entrepreneurship & Tax Law Review

During the gangland-era crime sprees of the 1920s and 1930s, Congress enacted the National Firearms Act in an attempt to make it more difficult to acquire the types of weapons favored by gangsters by imposing an extreme tax on these weapons. The draconian rules governing the purchase of these firearms are still in place today, but, with the Supreme Court’s recent ruling in N.Y. State Rifle & Pistol Ass’n v. Bruen, the National Firearms Act may soon fall to challenges presented by Second Amendment activists. In Bruen, the Court ruled that, when the plain text of the Second Amendment protects …

Buried Hope: Assessing The Future Of Carbon Sequestration In The U.S. Under The Updated 45q Tax Credit, Alden Smith

The Business, Entrepreneurship & Tax Law Review

The urgent need to combat climate change has prompted governments world-wide to explore innovative policy measures to reduce greenhouse gas emissions. One such measure is the process of carbon capture and sequestration in which carbon dioxide is captured either directly from the atmosphere or prior to its release. This article will analyze updates to the 45Q tax credit passed in the Inflation Reduction Act of 2022, in which Congress increased tax incentives for industries that use carbon capture technology. This analysis will explain carbon capture technology, survey use of the technology, and discuss the viability of the latest updates to …

2023-March-01-Bucwire-Students Choose New Id Card Design, University Marketing And Communication, East Tennessee State University

ETSU News

And the winner is … the Carillon sunrise design!

ETSU students chose a new ID card design last week through an online vote. Out of five options featuring campus and regional landmarks, students selected a design that combined both, with a silhouette of the ETSU Foundation Carillon in the foreground on the right, with the golden sun rising over blue mountains in the background.

Out of 3,052 total votes, the winning design received 1,221 votes, followed by the second-place design – an abstract depiction of the Southern Appalachian mountains – with 828 votes.

The five card designs were created by …