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Appealable TROs: Restoring Irreparable Harm as the Touchstone for Instant Interlocutory Appeal of Temporary Restraining Orders
Get PDFThis Article concludes that interlocutory appeal of TRO decisions ought to be rare. This accords with the Supreme Court’s decision in Carson v. American Brands, Inc., which permits appeal of an order that is not an injunction, but which has the “practical effect” of an injunction, only when the decision has the effect of an injunction, threatens immediate serious or irreparable injury, and may be effectively reviewed only by immediate appeal. But recently three circuits have adopted more expansive approaches to TRO appeals, particularly in instances of governmental appeals. These approaches (1) contradict Supreme Court and congressional limits on interlocutory appeal; (2) give appellate courts unwarranted discretion, akin to certiorari review, to choose which TRO decisions are appealable; and (3) permit appeal on TRO records that are uniquely unsuitable for appellate review, typically featuring sparse factual and legal exposition and a limited district court decision. The limited record, in turn, constrains appellate courts in both error-correction and law-giving functions. The Article advocates for a return to narrow appeal of TRO decisions, primarily when the requirements of the Supreme Court’s “practical effect” analysis in Carson v. American Brands, Inc. have been satisfied, and it provides guidelines for assessing those requirements in the TRO contex
The Impact Distracted Driving has on Fatal Crashes
Get PDFDistracted driving has been a major problem in the United States and around the globe for quite some time. It is one of the leading causes of fatal car crashes, and its impact on road safety has been the subject of much research and debate. The purpose of this paper is to focus on the driver who was distracted that ended up causing the crash. To obtain precise data and results, all the information about these crashes is from the Fatality Analysis Reporting System (FARS). FARS is a nationwide census maintained by the National Highway Traffic Safety Administration (NHTSA) that is updated yearly. The data presented in this report will allow people to explore the different factors that contribute to distracted driving, including gender and age of the driver, location of the crash, as well as time of the crash. This data will help come up with possible solutions to reduce the amount of fatal car crashes that occur due to distracted driving
BotSitter
Get PDFAs society progresses into an era where both parents work, whether it is online or in person, children in the home may be put in dangerous situations if they are not given the attention they need. The BotSitter is an automated system that follows the child around and makes an audio alarm to alert both the child and the nearby guardian. Using RSSI trilateration, predetermined danger areas, and embedded controls, the BotSitter will be able to follow the child. The device can manage to keep track of the child for the guardian while being almost completely automated outside of setup
Media Streaming in a High-Rate Delay Tolerant Network
Get PDFAudio and video streaming across delay tolerant networks are relatively new phenomena. During the Apollo 11 mission, video and audio were streamed directly back to Earth using fully analog radios. This streaming capability atrophied over time. The gradual conversion to digital electronics contributed greatly to this. Additionally, 21st century space systems face the new requirement of interconnectedness. Delay Tolerant Networking (DTN) attempts to solve this requirement by uniting traditional point to point links into a robust and dynamic network. However, DTN implementations present bottlenecks due to low performance. High-Rate Delay Tolerant Networking (HDTN) is a performance-optimized DTN implementation. This work implements audio and video streaming in HDTN. Streaming at high bit rates demonstrates that HDTN makes DTN practical. A series of network topologies were created including simple point to point links and multi-node multi-hop networks. Test media in the form of prerecorded and live footage was streamed across the network. A set of objective quality metrics were established in order to measure the stream quality. A lunar network was emulated using a mixture of embedded ARM platforms
Predicting Housing Prices Using AI
Get PDFI have created an AI model that can predict housing prices with 70 percent accuracy in Ames Iowa. I was able to use data from a website called Kaggle.com which is a website that provides datasets to the public so they can create AI models with the data. I found the dataset pertaining to housing prices in Ames Iowa. With this data, I was able to create an AI model that can predict the housing price of these homes. The technology I used in this project was Python as the programming language, and I used the scikit-learn library which has many useful tools that I used when creating this model. I give a run down on the steps I took to create this model as well as my thought process behind each decision. I go in-depth on the importance of feature selection and data preparation to increase the accuracy of the model. As well as other techniques such as encoding and ensemble models to increase the accuracy as well. In conclusion, I found that this was a great learning experience for me and I hope that those who wish to create similar AI models in the future can utilize some of the techniques that I cover
Our Findings and Sugardale\u27s Next Steps
Get PDFWe were given the opportunity to work with a client this year, Sugardale. We collected secondary research through online databases. Then we performed interviews, focus groups, and surveys to get the primary research. This presentation is a collection of our primary and secondary research on the company and the recommendations we made to help the target demographic
Comparing Weathering Effects of Ultraviolet and Xenon Arc Accelerated Aging on Polyvinyl Chloride
Get PDFAs the ubiquitousness of polymers increases and begins seeing use in outdoor settings, the need to fully understand how these materials degrade is also necessary. This study aims to compare two known accelerated aging methods, namely an ultraviolet light chamber and a xenon arc light chamber, to understand what differences, if any, manifest in the mechanical, chemical, and cosmetic deterioration of polyvinyl chloride (PVC) after long-term exposure. The study utilizes Fourier-transform infrared spectroscopy, dynamic mechanical analysis, thermogravimetric analysis, and colorimetry analysis to determine the extent of degradation and potential discrepancies between the aging methods
Review of: \u3cem\u3eFrom Vision To Legacy\u3c/em\u3e—Lester and Sarah Gingerich
Get PDFThey married young and, within months, were stationed in Central America, as pioneers in 1961 for Amish Mennonite Aid missions. What began as relief work for hurricane victims turned into a 50-year saga, as relationships were forged, souls were saved, churches were planted, and grapefruit were bowled (page 261). From Vision To Legacy is an autobiographical life story of Lester and Sarah Gingerich, told in alternating streams of thought: his and hers. This spicy slice of Amish-Mennonite history opens with bits and pieces about ancestors immigrating from Germany but soon arrives at the narrators’ own births and lives from the mid-twentieth century on. The motivation for this book, as the title implies, seems to be primarily to inspire a missionary vision in readers, as the book explores the legacy left by one outstanding couple’s experiences. [First paragraph.
How Confusing! Resolving the Three-Way Circuit Split on the Nominative Fair Use Doctrine
Get PDFTrademark defenses such as descriptive fair use have been codified in the Lanham Act for decades. Despite the practical necessity of nominative fair use, it has yet to be codified into the Lanham Act. While the Supreme Court has offered guidance on descriptive fair use, there is currently no such guidance with respect to nominative fair use. Currently, our best guidance is a confusing three-way Circuit Split on how to approach nominative fair use. Other circuits have largely remained uncertain in how to approach the doctrine or have outright avoided using the doctrine. In analyzing the intricacies of nominative fair use, this note comes to the conclusion that the Third Circuit’s approach best resolves the split by treating the doctrine as an affirmative defense, avoiding judicial confusion and waste, and allowing for the coexistence of consumer confusion and nominative use. In 2017, the Supreme Court denied a petition for certiorari on a Second Circuit case dealing with nominative fair use, leaving the three-way circuit split intact. This leaves amending the Lanham Act as the most direct and sensible approach. The Congress should therefore amend the Lanham Act, formally recognizing the Third Circuit’s approach to nominative fair use to address the Circuit Split and expand the freedoms of trademark defendants by allowing them to use the trademarks of others in a justifiable way
Abortion Rights and Federalism: Some Lessons from the Nineteenth Century United States
Get PDFThe Dobbs decision, which gives states complete control over abortion laws, has unleashed conflicts that resemble the battles that arose when enslaved people fled slave states for free states, and enslavers, in turn, mobilized state and federal power to get them back. The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization has prompted frequent allusions to slavery and the antebellum United States. The history of those struggles reminds us of the corrosive impact of interstate conflict and of the importance of federal protections for freedom and individual rights. The history of the United States in the nineteenth century also reminds us that when we bring the power of the federal government to bear on an issue, it must be done with respect for people’s dignity and capacity for moral decision-making.
*Professor Masur delivered the Spring 2022 Regula Lecture at the Center for Constitutional Law at Akron based on her book, Until Justice Be Done: America’s First Civil Rights Movement, From the Revolution to Reconstruction (2021), a finalist for the 2022 Pulitzer Prize in History