Transformation: The Bright Line Between Commercial Publicity Rights and the First Amendment

The Right of Publicity provides to each and every person the right to use his or her persona for his or her benefit and provides a cause of action to stop the unauthorized use of that persona for commercial purposes. This right is one of the many provided by the laws of unfair competition. Infringement of this right has become a frequently pleaded count made by attorneys who are trying to protect their clients from the unauthorized use of the client’s persona for commercial purposes. While the genesis of the right has been commonly thought to be a splintering from the Right to Privacy, which in turn owes its birth to an article in a Harvard Law Journal in 1890, it may be more accurate to say that it has long been a common law right and has a common origin in trademark law as a commercial fraud. Originally, the Right of Publicity was thought to protect only the unauthorized use of a person’s name, likeness and image. Now, however, it is generally understood to encompass any personal attribute that identifies a particular person. For ease of discussion, that identity is referred to as the individual’s persona. The identifying attribute may be the individual’s name, likeness, image, voice, unique property identified with a person, or recognizable attire and “look,” unique to a person and by which he or she is known. The use of the Right of Publicity as a separate count in a complaint has become sufficiently common that it can now be said that it has come of age. Of course, there are still those who refuse to accept that the right grew in an appropriate fashion, and consider it to be like Topsy, arriving without any identifiable parentage. Whatever its origin, the reality is that it is here and that, in the last ten years, it has been separately pled and discussed in at least seventy-five different reported federal court cases

Aligning Community-Engaged Research to Context.

Community-engaged research is understood as existing on a continuum from less to more community engagement, defined by participation and decision-making authority. It has been widely assumed that more is better than less engagement. However, we argue that what makes for good community engagement is not simply the extent but the fit or alignment between the intended approach and the various contexts shaping the research projects. This article draws on case studies from three Community Engagement Cores (CECs) of NIEHS-funded Environmental Health Science Core Centers (Harvard University, UC Davis and University of Arizona,) to illustrate the ways in which community engagement approaches have been fit to different contexts and the successes and challenges experienced in each case. We analyze the processes through which the CECs work with researchers and community leaders to develop place-based community engagement approaches and find that different strategies are called for to fit distinct contexts. We find that alignment of the scale and scope of the environmental health issue and related research project, the capacities and resources of the researchers and community leaders, and the influences of the sociopolitical environment are critical for understanding and designing effective and equitable engagement approaches. These cases demonstrate that the types and degrees of alignment in community-engaged research projects are dynamic and evolve over time. Based on this analysis, we recommend that CBPR scholars and practitioners select a range of project planning and management techniques for designing and implementing their collaborative research approaches and both expect and allow for the dynamic and changing nature of alignment

Coordinating Hydrologic and Legal Systems for Groundwater Management

A procedure is presented for developing a hydrologically and legally feasible groundwater management strategy for an area in a reasonable use state. Characteristics of the strategy are: Sustained yield, and drought and litigation protection

Water for the 21st Century, Will it Be There?

One of Arkansas\u27 major water management goals is to provide adequate water for agriculture, the economic mainstay of the state. Effective water management requires inputs from engineering, economics, law, administration, and environmental concern, all in a matrix of public education, participation and communications. Groundwater levels in eastern Arkansas have been dropping for decades as irrigation for rice, other row crops, and fish farming have increased substantially. Additional surface water supplies are available from the adjacent rivers but there are competition, conflict of use, and jurisdictional problems involved. A critical path sequence chart was designed to include all the research steps necessary to accomplish the goal of assuring adequate agricultural water. The paper discusses each of the steps involved, the status of research on each step, its source of funding, and how it will be used

A Study of Existing Cross-Site Scripting Detection and Prevention Techniques Using XAMPP and VirtualBox

Most operating websites experience a cyber-attack at some point. Cross-site Scripting (XSS) attacks are cited as the top website risk. More than 60 percent of web applications are vulnerable to them, and they ultimately are responsible for over 30 percent of all web application attacks. XSS attacks are complicated, and they often are used in conjunction with social engineering techniques to cause even more damage. Although prevention techniques exist, hackers still find points of vulnerability to launch their attacks. This project explored what XSS attacks are, examples of popular attacks, and ways to detect and prevent them. Using knowledge gained and lessons-learned from analyzing prior XSS incidents, a simulation environment was built using XAMPP and VirtualBox. Four typical XSS attacks were launched in this virtual environment, and their potential to cause significant damage was measured and compared using the Common Vulnerability Scoring System (CVSS) Calculator. Recommendations are offered for approaches to impeding XSS attacks including solutions involving sanitizing data, whitelisting data, implementing a content security policy and statistical analysis tools

EP151

An adaptation of the national OMK “Ready, Set, Go!” training manual originally produced by the Washington State OMK team, 2007Elaine Johannes, L. Ann Domsch & Diane Mack, Ready, Set Go! Short Course Leader’s Guide, Kansas State University, September 2008

Institute Study Report

This report documents a study conducted by the MSFC working group on Institutes in 1995 on the structure, organization and business arrangements of Institutes at a time when the agency was considering establishing science institutes. Thirteen institutes, ten science centers associated with the state of Georgia, Stanford Research Institute (SRI), and IIT Research Institute (IITRI), and general data on failed institutes were utilized to form this report. The report covers the working group's findings on institute mission, structure, director, board of directors/advisors, the working environment, research arrangements, intellectual property rights, business management, institute funding, and metrics

Volume 43, Number 2, June 2023 OLAC Newsletter

Digitized June 2023 issue of the OLAC Newsletter