Data Scraping as a Cause of Action: Limiting Use of the CFAA and Trespass in Online Copying Cases

In recent years, online platforms have used claims such as the Computer Fraud and Abuse Act (“CFAA”) and trespass to curb data scraping, or copying of web content accomplished using robots or web crawlers. However, as the term “data scraping” implies, the content typically copied is data or information that is not protected by intellectual property law, and the means by which the copying occurs is not considered to be hacking. Trespass and the CFAA are both concerned with authorization, but in data scraping cases, these torts are used in such a way that implies that real property norms exist on the Internet, a misleading and harmful analogy. To correct this imbalance, the CFAA must be interpreted in its native context, that of computers, computer networks, and the Internet, and given contextual meaning. Alternatively, the CFAA should be amended. Because data scraping is fundamentally copying, copyright offers the correct means for litigating data scraping cases. This Note additionally offers proposals for creating enforceable terms of service online and for strengthening copyright to make it applicable to user-based online platforms

The Long Shadow of the Confederacy in America\u27s Schools: State-Sponsored Use of Confederate Symbols in the Wake of Brown v. Board

Critics of Confederate symbols have become increasingly vocal in recent years, forcing state and local governments to reevaluate their use of such symbols in public settings. This Note tracks the proliferation of Confederate symbols in American society since the 1950s, arguing that such use of these symbols, especially in the realm of public schools, stands in violation of the Constitution. Particularly, the Note analyzes the viability of possible legal remedies to school-sponsored racism based on the lack of government free speech rights, Thirteenth Amendment protections against Badges of Inferiority, and Fourteenth Amendment claims under the Equal Protection and Due Process Clauses. Furthermore, this Note presents an analogy of the issues surrounding state-sponsored use of Confederate symbols to those issues addressed in First Amendment Establishment Clause jurisprudence

The Effects of an Organizational Communication Intervention on Job Satisfaction in a Public Health Organization

The purpose of this study was to determine the effects of an organizational communication intervention on job satisfaction levels. Nineteen employees of a rural public health department served as the subjects of the study. Archival data was reviewed based on a pre and postjob satisfaction questionnaire administered to subjects in relation to a communication intervention. It was hypothesized that job satisfaction levels would increase as a result of an organizational communication intervention. Results of an independent !-test analysis for overall pre and postjob satisfaction scores did not support this hypothesis. Implications of the study and recommendations for future research are discussed

The Emergence of Dialogic Identities: Transforming Heteroglossia in the Marquesas, F.P.

Te \u27Enana \u27the people\u27 of the Marquesas, French Polynesia, have been engaged for some time in the dialogic negotiation of their heteroglossic identity. Based on an ethnographic study of language socialization in the Marquesas, this dissertation examines how communicative forms are acquired within a changing socio-cultural matrix, as well as on how cultural habits and beliefs are produced and reproduced via verbal interaction. My first two months of fieldwork were spent in Tahiti (the capital of French Polynesia), living and studying the language use and cultural patterns of an \u27enana family. Subsequently, I spent ten months in a village in the Marquesas, taping at regular intervals the everyday interactions of children and their caregivers within four families and transcribing these with the aid of the caregivers. The transcripts and the caregiver metalinguistic commentary were analyzed for the contexts and functions of code-switching between francais (the local variety of French), \u27enana (including several dialects of the language, spoken in the Marquesas), and sarapia (a stigmatized \u27mixed\u27 code); the communicative genres laden with cultural expectations as to how people ought to think, feel, and act; and the socializing routines influencing these beliefs and practices via participant-observation and informal interviews, I also collected a wide range of information concerning everyday social interactions, routine verbal practices, and cultural notions concerning the value, use, learning, and potential loss of the language. My findings are as follows. Despite the flowering of a cultural revival movement, a complex political economic situation (beginning with the establishment of the French nuclear testing facility in 1963) is responsible for an increase in code-switching and decrease in the acquisition and use of \u27enana by children. Nonetheless, the language continues to be learned and used by many as both medium and marker of an ethnolinguistic identity which is the syncretic product of indigenous reactions to two centuries of foreign influence and rule. Furthermore, while bearing the partial imprimatur of western thought and practice, \u27enana ways of structuring verbal interaction and the acquisition of communicative resources reveal some deeper systemic commitments to pan-Pacific cultural and communicative practices

Pain is Personal: Understanding Pain Relativity and the Importance of the Biopsychosocial Model

Pain is undoubtedly a universal concept; however, the way in which one experiences pain is vastly different depending on the individual. These variations are due to pain reflecting one’s identity which encompasses expansive factors including age, sex, ethnicity, coping mechanisms, and past experiences. Because pain is multidimensional, healthcare providers need to integrate a method that treat patients comprehensively. The biopsychosocial approach prioritizes extensive assessment and treatment as well as consistent communication between patient and provider. For healthcare to implement more effective and empathetic care, the biopsychosocial model needs to be integrated in more fields of medicine. This implementation begins with educating younger generations of medical professionals to look beyond pathology, and instead, at the entire person