Browse the Web, Enter a Contract... Arbitrate? The Enforceability of Mandatory Binding Arbitration Provisions in Consumer Browsewrap Contracts

Businesses commonly post “Terms and Conditions” on their website, even though they are not required to do so. When enforceable, these terms can be an effective risk management tool. Generally, website terms and conditions state that users of the website are bound by such terms just by their use of the website, without further action. However, this requires that the users be on notice that they are agreeing to the terms. Requiring some form of affirmative action to acknowledge notice of the terms is the best way to assure that an online contract will be enforceable. The United States Court of Appeals for the Ninth Circuit in August 2014 ruled in Nguyen v. Barnes & Noble, Inc., that an arbitration provision contained in the “Terms of Use” of the Barnes & Noble website was not enforceable because the online consumer was not provided sufficient notice of those terms and therefore could not have assented.[1] The enforceability of mandatory binding arbitration provisions in browsewrap contracts is an emerging topic in contract law. The Nguyen v. Barnes & Noble decision should serve as a reminder to businesses that, to be enforceable, an arbitration provision in an online contract still requires a meeting of the minds. [1] Nguyen v. Barnes & Noble, Inc., 763 F.3d 1171, 1180 (9th Cir. 2014)

Enhanced performance and functionality of titanium dioxide papermaking pigments with controlled morphology and surface coating

Novel, tailored titanium dioxide pigments with controllable nanoscale morphological features were shown to significantly enhance the optical and strength properties of paper. The opacifying power of synthesized polycrystalline TiO2 particles in a cellulose matrix was found experimentally to be superior to that of a commercial rutile pigment, depending on the crystal structure of the synthesized particles. High aspect ratio polycrystalline rutile pigments composed of a linear linkage of several individual rutile crystals gave 6% more opacity than the commercial rutile pigment. Theoretical light scattering calculations using the T-Matrix Method showed the light scattering efficiency of linearly arranged polycrystalline rutile particles to depend on number and size of crystals composing the particle and confirmed the higher efficiency of the synthesized polycrystalline rutile pigments over commercial rutile. The opacifying power of hollow polycrystalline rutile particles was found experimentally to be superior to that of a commercial rutile pigment in a highly pressed bleached fiber matrix, depending on cavity size, while the opacifying power of silica-rutile titania core-shell particles was found comparable to commercial rutile at constant titania loading. The light scattering efficiency of titania core-shell particles was shown to be dependant on the light scattering efficiency of the core material. The overall particle shape and aspect ratio of titania core-shell and hollow nanoparticles were shown to be tunable by choosing an appropriate template and coating thickness in layer-by-layer or sol-gel templating synthesis. Inorganic-cellulose core-shell and hollow cellulose nanoparticles were prepared by self-encapsulation with regenerated cellulose via precipitation of cellulose in a polyacrylic acid hydrogel layer surrounding inorganic particle templates in 4-Methylmorpholine N-oxide (NMMO) monohydrate solution. This discrete encapsulation of inorganic pigments with a thin, uniform cellulose shell was found to increase the bondability improvement between the particles and a polysaccharide substrate. The crystallinity of several carbohydrate polymers was shown to significantly affect the bondability of encapsulated core-shell particles.Ph.D.Committee Chair: Yulin Deng; Committee Member: Arthur Ragauskas; Committee Member: Jeff Empie; Committee Member: Jeffery Hsieh; Committee Member: Preet Sing

Exploring the Relationships between Spiritual Well-Being, Team Regard and Turnover Intention of Hospice Social Workers: The Mediating Role of Job Satisfaction

According to the US census bureau there are approximately 15,500,000 million Americans over the age of 65 years in 2015. As the population ages and prepares to die, people will need access to quality hospice and end-of-life care. Key to delivery of quality care is experienced hospice social workers. Multiple regression and mediation analysis were applied to explain the path relationships involving the variables of spiritual well-being, an innovative operationalization of the concept of team regard, job satisfaction and turnover intentions of hospice social workers in Medicare-certified hospice programs in the state of Illinois. Other variables in this study included economic satisfaction, external opportunity, age and tenure. Additionally, the mediating role of job satisfaction was examined. This mixed methods research utilized online survey (n = 111) and individual interviews (nine of the respondents participated in in-depth interviews). The demographics of the sample were overwhelmingly Caucasian (94%), 45 years of age, Christian (71%) women (93%) holding an MSW degree (90%). Forty-seven percent have worked \u3c 5 years in the hospice field. Data from the qualitative interviews informed the understanding of the definition, importance and influence of team regard on hospice social worker turnover intention. Two theories guide this study: existential theory and Paul Wong’s meaning management theory. Mediation models presented proved significant. This sample of hospice social workers scored high in spiritual well-being (86%) as determined by the Spiritual Health and Life Orientation Measure (Gomez & Fisher, 2003, 2005). Ninety-six percent were high or very high in team regard. Twenty-five percent were at moderate or high risk of leaving their organization. The research demonstrated that the relationship between spiritual well-being and turnover intention is mediated by job satisfaction. Additionally, team regard is mediated through job satisfaction but also significantly directly influences turnover intention. This research identifies the importance of team regard and spiritual well-being and its overall influence of job satisfaction and turnover intention

Binge eating, anxiety and depression: A study of typology and direction of prediction

The purpose of this project was to examine the relationship between binge eating, anxiety and depression

The Terminology of Composition Studies: A Historical Approach.

Recently, composition scholars have shown interest in examining their own language. My study furthers this interest by providing a historical analysis of the terminology commonly used in composition studies. The historical focus allows an analysis of how our vocabulary has changed in relation to specific schools of thought in composition studies, thus encouraging an awareness of the influence of context--professional, institutional, cultural, and personal--on the scholarship in composition studies. Such influences, I argue, are often ignored to the detriment of our discipline. Chapter one further explains the scope and purpose of my study. Chapters two and three analyze in-depth two terms, audience and authority, both of which have been both elusive and problematic in the field. I follow the developments and changing uses of these terms as seen in composition studies\u27 major publications since the 1960s, the decade of the paradigm shift to process theories of writing. Audience and authority serve as case studies to illustrate the importance of reading our disciplinary scholarship and our disciplinary history with a critical eye and with an awareness of the different contexts from which they emerge. In chapter four, I put into practice the suggestions offered in the above chapters. In this section, I provide a glossary of frequently used terms in composition studies. Each definition is divided into four sections. In section (a), I provide a brief, historical explanation of the term, giving a working definition of the term as well as knowledge of past roles the term has played in conversation. I also indicate negative and/or position connotations of the term. Section (b) includes definitions of the term offered by established composition scholars, and section (c) provides examples of the word in context. Section (d) includes names often associated with the concept. By looking at the terms historically and by looking at the various meanings, I attempt to put our language in context and to encourage diverse voices from various locations to take part in the composition conversation

Parental attachment as a predictor of sexual, physical, and emotional abuse revictimization

Explores why revictimization occurs in women who were sexually abused as children. Examines variables such as nature and severity of childhood abuse, attachment, and self-esteem to identify predictors of repeated abuse. A correlational-regression approach was used to test the hypothesis that lower positive attachment to parental figures, mediated by low self-esteem, will be associated with revictimization in adulthood. Approximately 150 women (Age = 18 to 54; M = 27) from various communities across Southern California participated in the study. Results did not support the hypothesis. Though self-esteem was correlated with both attachment and revictimization individually, there was no mediational effect of self-esteem between parental attachment and revictimization

Cultivating Employee Relationships

The study was a qualitative flexible study on the actions and behaviors of employees and their leaders in cultivating internal relationships that have an impact on the business results of an organization. Using various triangulation methods, interviews, observations, and archived data, the study is constructive in design. I interpreted the experiences of the 20 participants (6 leaders and 14 employees). The flexible design allowed for follow-up questions that required changing the scope of the data collection as more data occurred. Validity and reliability are important factors in the qualitative research as these factors add to the credibility of the findings. Through member checking, validation occurred from the findings from the participants and checked for accuracy in the emerged themes. I was the primary data collector, analyzer, and documentation protector. Protecting the identity of the participants and Company X was done by keeping the documents, transcriptions, and findings on a password protected device. After 3 years, destroying the s information is necessary. Ethically, I did ensure the findings were free from bias using bracketing. Bracketing is a diligent process that involves the researcher to perform self-examinations to ensure that the bias and personal conclusions do not interfere with the true findings of the study