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Faculty Senate Chronicle May 2, 2024
Get PDFMinutes for the regular meeting of The University of Akron Faculty Senate on May 2, 2024
Space and Context: Exploration of Information Experience and Document Experience
Get PDFThis paper explores documents that are recorded and cataloged, but the original is a one-of-a-kind phenomenon that only exists once. It ponders where information ends, and document begins and the concepts of space and context that contribute to the shape or structure of the document. Specifically, the confidential counseling session, only experienced by the individuals present during the session, repeated but not duplicated, and how information and documents contribute to understanding of the counseling session
The Pre-Migration Experience and Post-Migration Political Alignment of Bhutanese Refugee Generations
Get PDFBased on Sergio Aparicio\u27s theory of imported politics, this study examines the pre-migration experiences of Generation 1 and Generation 1.5 Bhutanese Refugees to analyze if a correlation exists between the pre-migration experiences and post-migration political alignment/attitudes. The theory was tested using ten interviewees, five of each generation, who were interviewed about their experiences in the origin and adopted country. This was followed by questions regarding government and politics used to evaluate their political attitudes. Results concluded that for all of Generation 1, the pre-migration experiences contributed in some aspects to how they viewed politics in the U.S. In contrast, the correlations in Generation 1.5 were weaker. Regarding post-migration political alignment, results showed that overall Generation 1 was slightly less likely to lean left compared to Generation 1.5, and Generation 1 was as likely as Generation 1.5 to lean left on social issues
Optimization of Buffers Used in Phycobiliprotein Extraction from the Cyanobacterium Acaryochloris marina
Get PDFOptimization of buffers used in phycocyanin extraction from A. marina was explored including acetate, phosphate, and citrate buffers as well as deionized water as a negative control. Samples were extracted in triplicates for each trial with two extraction trials completed overall for citrate buffer (n=6), phosphate buffer (n=6), acetate buffer (n=6), and deionized water (n=6). Results reflect no statistical difference in phycocyanin content (μg/mL) between each buffer or deionized water control. Though no statistically significant differences between treatment groups were found, phosphate buffer yielded the greatest phycocyanin content and the deionized water negative control yielded the lowest phycocyanin content overall. Further research is necessary to investigate the observed trend that phosphate buffer may produce higher quantities of phycocyanin, as results indicate no single buffer is definitively optimal for phycocyanin extraction from A. marina
Faculty Senate Chronicle December 5, 2024
Get PDFMinutes for the regular meeting of The University of Akron Faculty Senate on December 5, 202
Expert Malpractice
Get PDFThe provision of expert testimony in litigation has become a big business. The paradigmatic testifying expert is no longer the “amateur” expert who maintains a separate professional identity and testifies only once, or at most sporadically, in litigation to which their expertise is uniquely pertinent. Rather, they are a professional provider of litigation support services who spends a substantial part of their time, and derives a substantial part of their income from, consulting on pending or contemplated lawsuits. Legal rules concerning the provision of expert testimony continue to apply the former, obsolete paradigm of the testifying expert. This conflict of paradigms becomes especially acute when a former client accuses a testifying expert of professional malpractice. In other contexts, professional service providers are liable for injuries caused to their client by the service provider’s failure to act with professional competence. In the case of testifying experts, however, some courts and scholars maintain that the absolute immunity extended to participants in judicial proceedings preempts the law of professional malpractice that would otherwise apply. This Article makes two contributions to the discussion of expert malpractice liability. It is the first Article to construct a typology of expert malpractice claims and to evaluate systematically the rationales offered for absolute immunity of testifying experts as applied to each type of claim. The Article concludes that absolute immunity against expert malpractice claims is in all cases either unwarranted, insofar as it does not serve the purposes of witness immunity, or unnecessary, insofar as existing tort and contract law serve adequately to prevent the undesirable outcomes that proponents of immunity identify while permitting injured plaintiffs to recover for experts’ professional misconduct. Second, the Article offers guidance as to how expert malpractice liability should be implemented, proposing reforms to substantive state law as well as the Federal Rules of Evidence intended to accommodate the concerns raised by advocates of absolute immunity
Reactive Hypotheticals in Legal Education: Leveraging AI to Create Interactive Fact Patterns
Get PDFGood legal hypotheticals require carefully constructed scenarios designed to mimic the challenges and dilemmas that students will face in their future legal careers. Hypotheticals help students take abstract concepts such as negligence or res ipsa loquitor and ground them in the reality that these rules were meant to control. Yet, despite our best efforts, creating hypotheticals with a rich tapestry of facts, personalities, and complexities that characterize real-world legal practice remains challenging and time-consuming. Artificial Intelligence (AI) can solve this problem. By leveraging emerging AI technology, legal educators can create richer, more realistic hypotheticals that react to students and keep track of information. Not only are reactive hypotheticals more realistic, but they’re also much easier and less time-consuming to create. With the power of AI and reactive hypotheticals, students can now take the legal doctrine they learn in law school and apply it to factual scenarios that mimic real life
How Both Washington and the FTC Miss the Mark on “Notice and Consent”
No full textThis article critiques the prevailing notice and consent framework in data privacy regulation. She argues that this model is fundamentally flawed, as it relies on the unrealistic expectation that consumers read and comprehend lengthy, complex privacy policies. Norman-Webler highlights that both federal regulators and the Federal Trade Commission (FTC) have failed to address this issue effectively. She advocates for a more transparent and standardized approach to privacy disclosures, suggesting the implementation of simplified, user-friendly privacy nutrition labels to enhance consumer understanding and control over personal data. This proposal aims to shift the burden from consumers to regulators and companies, promoting a more equitable and effective data privacy framework
Beyond the Ban: One Major Challenge Facing the FTC Non-Compete Rule
Get PDFThis article analyzes the implications of President Biden\u27s Executive Order 14036 and the subsequent notice of proposed rulemaking (NPRM) by the Federal Trade Commission (FTC) to ban non-compete agreements. It examines the legal basis for the NPRM, including Sections 5 and 6(g) of the FTC Act, and anticipates potential challenges to its implementation, most notably under the major questions doctrine. It explores the broader ramifications of the NPRM for labor and employment law, emphasizing its potential to reshape administrative agency regulation and the regulatory landscape. It concludes by analyzing the rule under the major questions doctrine and the possible outcomes of a challenge to the rule in its current form, which have the potential to fundamentally alter the current labor and employment law landscape and redefine the role of administrative agencies
Exploring Artifacts and Documents in Collective Creativity Workshops Applied to Future Studies
Get PDFIn a context of uncertainty, organizations use creativity methods to anticipate future challenges in relations with the long-term evolutions of the society. These approaches consist in bringing together people with complementary points of view to multiply the diversity of ideas. This paper focuses on the process of transformation and selection of ideas and artifacts from a collective perspective in the unprecedented circumstances that occurred during the pandemic.
We question how ideas are grounded in the documents and artifacts produced at the key moments of the creative process from the perspective of the facilitators and the participants.
In this paper we aim to understand the artifacts and documents involved in the creative process by means of the “Semiotics of Cooperative Transactions” theory (Zacklad, 2020). We use the concept of cooperative transactions by Dewey (Zacklad, 2020). A transaction is an abstract structure that manifests itself through a series of conversations and interactions that facilitate cooperation (Zacklad, 2020). We differentiate an artifact from a document that lasts beyond the creative process. And we identified barriers to the perpetuation of originality