Court Gives Thumbs-Up for Use of Thumbnail Pictures Online

In the online world, where intellectual property rights can be violated with the simple click of a mouse, innovation sometimes finds itself engaged in a game of chicken with the law. Recently, online-photo-search engine Ditto.com played just such a game, taking their fight to the Ninth Circuit Court of Appeals. The Ninth Circuit\u27s holding protects Ditto.com\u27s use of copyrighted photos as transformative fair use. But the holding also addresses inline linking and framing, warning that they can violate copyright even in the face of a fair use

New Beginnings: A Discussion Guide Adaptation for Living with Diabetes among an Urban American Indian Community

Diabetes is a chronic disease where the body has the inability to control the sugar levels in the blood to convert into to usable energy needed to fuel the body\u27s cells. Some common diabetic complications include heart disease, stroke, amputations, and possibly blindness. It can be successfully managed with routine care of monitoring of sugar levels, eating a healthy diet, and daily exercise. The occurrence of type 2 diabetes is rising rapidly worldwide, but is a burden for AI/ANs (American Indian/Alaska Natives) at a substantially disproportionate rate. The purpose of this pilot study was to participate in a one-day curriculum assessment, focusing on the management of AI/ANs who are currently living with diabetes. The goal of the curriculum assessment was to help facilitate discussions among AI/ANs about living with diabetes, identifying support from family and other social outlets, and developing coping skills for the management of diabetes. The information resulting from the assessment will benefit AI/ANs living with type 2 diabetes, as well as assist diabetes educators/health professionals in providing quality resources and support services which incorporate emotional and self-management skills, and ways to communicate effectively with family members about the disease

Online Sovereignty: The Law and Economics of Tribal Electronic Commerce

In 1886, the US Supreme Court wrote that, for Indian tribes, the people of the states where they are found are often their deadliest enemies. Recently, state agencies and regulators have continued that tradition of hostility by improperly attempting to regulate electronic commerce businesses operated by tribal governments that are more properly subject to regulations established by tribal law and subject to federal oversight. Despite the fact that these online businesses operate exclusively under tribal law and make their tribal affiliation clear to customers, certain state regulators have demanded absolute compliance with state law, even when such laws are from states thousands of miles away. Not only does this over reaching by uninformed state regulators limit the products available to consumers, it also severely undercuts on-reservation economic development, imperils tribal electronic commerce, and challenges basic notions of tribal sovereignty. Businesses and consumers entering into commercial contracts rely heavily on consistency and predictability in contracting, including when the parties mutually agree to apply tribal law or utilize tribal courts to resolve disputes. Uniform interpretation and enforcement of such agreements are critical to ensuring continued investment in tribal businesses. With over one quarter of American Indians living in poverty--nearly twice the national average--it has never been more important to promote confidence in the Indian economy. When courts do not give full force and effect to contracting parties\u27 desires to resolve their private disputes using tribal courts and tribal law, this confidence is threatened. While it is unclear how this controversy will ultimately play out, one thing is certain: states are not only undermining tribal innovation and harming tribal economies but also attacking tribal sovereignty itself. Perhaps lost in the legal rancor, however, are the very real human and economic consequences of the loss of tribal revenues from e-commerce business, as well as the potential damage to tribal e-commerce as a whole. This Article presents results of empirical research into the economic impact of tribal online lending in Indian Country. The Article first frames the issue with a brief summary of the legal foundations for tribal e-commerce and tribal lending in particular. Next, the Article presents several case studies of tribes that have engaged in online lending, focusing on the direct economic impact to those tribal communities. Finally, the Article concludes with policy arguments as to why state and federal regulators should support rather than suppress tribal e-commerce, including tribal small-dollar online lending

Baker‐Polito Administration Elevates State Technology Office

Tables S5-S12. The seminal fluid peptides identified from each human individual that underwent MS/MS using the MSDaPl program. ST5 A parsimonious list of SFPs inferred from MSDaPl for human 1. ST6 A parsimonious list of SFPs inferred from MSDaPl for human 2. ST7 A parsimonious list of SFPs inferred from MSDaPl for human 3. ST8 A parsimonious list of SFPs inferred from MSDaPl for human 4. ST9 A parsimonious list of SFPs inferred from MSDaPl for human 5. ST10 A parsimonious list of SFPs inferred from MSDaPl for human 6. ST11 A parsimonious list of SFPs inferred from MSDaPl for human 7. ST12 A parsimonious list of SFPs inferred from MSDaPl for human 8. (XLS 744 kb

Weaving the Strands of Life (Iiná Bitł’ool): History of Genetic Research Involving Navajo People

To date, some genetic studies offer medical benefits, but lack a clear pathway to benefit for people from underrepresented backgrounds. Historically Indigenous people, including the Diné (Navajo people), have raised concerns about the lack of benefits, misuse of DNA samples, lack of consultation, and ignoring cultural and traditional ways of knowing. Shortly after the Navajo Nation Human Research Review Board was established in 1996, the Navajo Nation recognized growing concerns about genetic research and established a moratorium on human genetic research studies in 2002. The moratorium effectively has protected their citizens from potential genetic research harms. Despite the placement of the moratorium, some genetic research studies have continued using blood and DNA samples from Navajo people. In order to understand the history of genetic research involving Navajo people, we conducted a literature review of 79 genetic or genetic-related research publications that involved Navajo people from the years 1925 to 2018. In this review, we divided the genetic research studies into the following general classifications: a) bacteria or virus genetics studies, b) blood and human leukocyte antigen, c) complex diseases, d) forensics, e) hereditary diseases, and f) population genetics and migration. We evaluated the methods for each study, described the number of Navajo individuals included in each study, recorded the academic or tribal approval statements, and noted whether the study considered Diné cultural values. Several studies focused on Severe Combined Immunodeficiency Disease, population history, neuropathy, albinism, eye and skin disorders that affect Navajo people. We found genetic research publications involving Navajo people spanning over the course of 93 years. To our knowledge, no known literature reviews have examined the history of genetic research in the Navajo community. In our Discussion, we contextualize Diné ways of knowing related to genetics and health with Western scientific concepts to acknowledge the complex philosophy and belief system that guides Diné people and recognizes Indigenous science. We encourage researchers consider cultural perspectives and traditional knowledge that has the potential to create stronger conclusions and better informed, ethical, and respectful science

Chaco Canyon Dig Unearths Ethical Concerns

The field of paleogenomics (the study of ancient genomes) is rapidly advancing with more robust methods of isolating ancient DNA and increasing access to next-generation DNA sequencing technology. As these studies progress, many important ethical issues have emerged that should be considered when ancient Native American remains, whom we refer to as ancestors, are used in research. We highlight a recent article by Kennett et al. (2017), “Archaeogenomic evidence reveals prehistoric matrilineal dynasty,” that brings several ethical issues to light that should be addressed in paleogenomics research (Kennett et al. 2017). The study helps elucidate the matrilineal relationships in ancient Chacoan society through ancient DNA analysis. However, we, as Indigenous researchers and allies, raise ethical concerns with the study’s scientific conclusions that can be problematic for Native American communities: (1) the lack of tribal consultation, (2) the use of culturally-insensitive descriptions, and (3) the potential impact on marginalized groups. Further, we explore the limitations of the Native American Graves Protection and Repatriation Act (NAGPRA), which addresses repatriation but not research, as clear ethical guidelines have not been established for research involving Native American ancestors, especially those deemed “culturally unaffiliated”. As multiple studies of culturally unaffiliated remains have been initiated recently, it is imperative that researchers consider the ethical ramifications of paleogenomics research. Past research indiscretions have created a history of mistrust and exploitation in many Native American communities. To promote ethical engagement of Native American communities in research, we therefore suggest careful attention to the ethical considerations, strong tribal consultation requirements, and greater collaborations amongst museums, federal agencies, researchers, scientific journals, and granting agencies