The Matryoshka Model: Understanding the Relationship Between Delegation Provisions and the Broader Arbitration Agreements That Contain Them

This Note analyzes a 2021 decision in which a Ninth Circuit panel diverged from its sister circuits on whether an arbitrator may decide the enforceability of an arbitration agreement that excludes the application of federal law in the arbitration proceedings. In Brice v. Plain Green, LLC (Brice I), the Ninth Circuit panel considered several arbitration agreements that contained delegation provisions. A delegation provision is an additional agreement to arbitrate the validity, enforceability, or scope (collectively, “arbitrability issues”) of a broader arbitration agreement. Analyzing the enforceability of the delegation provisions apart from that of the arbitration agreements, the panel compelled the plaintiffs to arbitrate their challenge to the enforceability of the arbitration agreements. In doing so, the panel examined the enforceability of the delegation provisions under the prospective-waiver doctrine, which prohibits an arbitration agreement from waiving a litigant’s right to pursue federal statutory remedies in arbitration. Finding that the delegation provisions did not themselves waive the plaintiffs’ right to pursue federal remedies, regardless of whether the arbitration agreements would have waived that right or not, the panel held that the delegation provisions were valid and enforceable. However, the Ninth Circuit vacated the opinion of the panel for a rehearing en banc. Shortly after, the parties reached a settlement agreement. Thus, the court dismissed the appeal as moot, leaving the panel’s decision vacated without adopting or rejecting its reasoning. While Brice I currently stands vacated, future courts should readopt the panel’s approach if faced with a similar case. The Ninth Circuit panel correctly decided Brice I because its decision reflected a rigorously accurate application of Supreme Court precedent on the treatment of delegation provisions, properly fitting together the delegation provisions, arbitration agreements, and larger contracts in the case like matryoshka dolls (Russian nesting dolls). Likewise, the panel rightly declined to invalidate the delegation provisions in the case under the prospective-waiver doctrine. Regarding public policy, the panel’s decision placed delegation provisions on equal footing with other arbitration agreements and exercised appropriate restraint by refusing to extricate the plaintiffs from a disadvantageous agreement that they nevertheless agreed to. This Note begins with a review of Brice I’s factual background and procedural posture, followed by a review of law relevant to the treatment of delegation provisions. Next, it offers an analogical defense of the Ninth Circuit panel’s approach in the face of contrary decisions by several of its sister circuits. Finally, this Note closes with an analysis of how the panel considered the specific delegation provisions in Brice I

Nomenclature for naming loci, alleles, linkage groups and chromosomes to be used in poultry genome publications and databases

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Re-Interpreting Melton’s Study of Gallery Density and Visitor Attention

The works of Edward Robinson and Arthur Melton conducted in the 1920s and 1930s are often cited, but rarely read. The focus of this article is on one of Melton’s (1935) classic visitor studies, re-examined in terms of several explanatory mechanisms including a decision-making model of visitor attention. Melton varied the number of paintings in a gallery from 6 to 36 in increments of 6. As the number of paintings increased, the proportion of paintings actually viewed decreased; however, the average viewing time per painting remained constant. Melton’s findings of decreased attention are discussed in terms of four possible explanations: perceptual distraction, selective choice, object satiation, and fatigue. While fatigue, satiation, and distraction have all been frequently discussed in the visitor literature, selective choice has not. The implications of the attention-value model for selective choice is described in light of Melton’s study

MusA: Using Indoor Positioning and Navigation to Enhance Cultural Experiences in a museum

In recent years there has been a growing interest into the use of multimedia mobile guides in museum environments. Mobile devices have the capabilities to detect the user context and to provide pieces of information suitable to help visitors discovering and following the logical and emotional connections that develop during the visit. In this scenario, location based services (LBS) currently represent an asset, and the choice of the technology to determine users' position, combined with the definition of methods that can effectively convey information, become key issues in the design process. In this work, we present MusA (Museum Assistant), a general framework for the development of multimedia interactive guides for mobile devices. Its main feature is a vision-based indoor positioning system that allows the provision of several LBS, from way-finding to the contextualized communication of cultural contents, aimed at providing a meaningful exploration of exhibits according to visitors' personal interest and curiosity. Starting from the thorough description of the system architecture, the article presents the implementation of two mobile guides, developed to respectively address adults and children, and discusses the evaluation of the user experience and the visitors' appreciation of these application

Schism or communion? A discussion of the morality of Online Learning through a Christian/Catholic lens

While massive open online courses (MOOCs) garnered plenty of attention at the beginning of the decade, initial findings about their value have been disappointing. In particular, only a narrow range of participants appear to be successful in completing and passing these unmonitored courses: white, educated, affluent males. One prominent Catholic scholar, Jonathan Malesic, went as far as saying that the very nature of MOOCs does not align with Catholic teachings of learning through social interaction, adapting to the needs of the learner, and teaching (i.e., successfully) the masses. Further, by extension, he applied these criticisms to online learning in general. This article examines these criticisms, describes how these problems are present in K-12 online learning, and gives examples of how these issues are mitigated. The article concludes with ideas for using the online learning medium to promote Catholic and Christian values

Schism or Communion? A Discussion of the Morality of Online Learning through a Christian/Catholic Lens

While massive open online courses (MOOCs) garnered plenty of attention at the beginning of the decade, initial findings about their value have been disappointing. In particular, only a narrow range of participants appear to be successful in completing and passing these unmonitored courses: white, educated, affluent males. One prominent Catholic scholar, Jonathan Malesic, went as far as saying that the very nature of MOOCs does not align with Catholic teachings of learning through social interaction, adapting to the needs of the learner, and teaching (i.e., successfully) the masses. Further, by extension, he applied these criticisms to online learning in general. This article examines these criticisms, describes how these problems are present in K-12 online learning, and gives examples of how these issues are mitigated. The article concludes with ideas for using the online learning medium to promote Catholic and Christian values

Identifying the Cognitive Needs of Visitors and Content Selection Parameters for Designing the Interactive Kiosk Software for Museums

International audienceThis research presents the findings of contextual interviews, visitor survey and behavioural study that were carried out in Indian museums. It originates from the hypothesis that the museum exhibits are unable to express their relevance, historical significance and related knowledge to satisfy the curiosity of visitors. Our objective is to identify the cognitive needs of museum visitors and the content selection parameters for designing the interactive kiosk software, which is expected to be set up in every thematic gallery of the museum. The kiosk software is intended to offer higher level of engaging and learnable experience to the museum visitors. The research involved participation of 100+ visitors in Indian museums. The access restrictions and constraints of museums cause cognitive deprivation of visitors and compromise the quality of experience. Therefore, the interactivity, animations and multimedia capabilities of kiosk software must be focused on overcoming these limitations