Catalog: Digital Commons at Pace - New Repository Articles
This article proceeds as follows: Part II briefly addresses the theoretical arguments regarding the pros and cons of various governance strategies, focusing on the advantages, disadvantages and pitfalls of reliance on private parties. In Part III, the article describes, in general terms, the above-mentioned empirical study, explaining its methodology, the specific challenges to its design and implementation, and how these were met. The discussion specifically centers on a survey taken to establish the nature of social norms. Part IV presents a specific test case: whether pseudonymity should be permitted in social media or should “real names” be mandatory. Part V briefly discusses insights that the “real names” test case might provide for the broader questions regarding justice and fairness in social media governance. The article concludes with yet another context, the “right to be forgotten,” which might provide additional insights into the important research questions this project and others begin to address. It further notes additional extensions of the methodological design this article introduces.
An important caveat is due. While the article strives to argue a normative point as to the fair, just and proper way to govern social media, it draws on empirical findings regarding users’ actual social norms. Clearly, however, there are numerous examples of situations demonstrating descriptive social norms to which can hardly be considered a normative baseline to aspire. In fact social norms embraced by the majority might reflect prejudice, errors and the inability to adapt to social changes. In some instances, especially those pertaining to information privacy, the “crowd” might not be wise at all. For these reasons, the policy implications and recommendations to be derived from the discussion that follows are noted carefully, and must be subjected to additional considerations and scrutiny. Nevertheless, establishing whether governance methods, as applied in these innovative settings, are objectively fair and just, is extremely difficult if not impossible. Thus, reliance on imperfect proxies such as the nature of “social norms” will surely prove constructive. Therefore, examining the differences between these four subsets of governance (“code,” “contract,” “law,” and “social norms”) can provide us with insights into the “justice” of the governance administered by the platform provider and address the nuances of this intriguing reality.
Social software has a power problem. Actually, it has two. The first is technical. Unlike the rule of law, the rule of software is simple and brutal: whoever controls the software makes the rules. And if power corrupts, then automatic power corrupts automatically. Facebook can drop you down the memory hole; PayPal can garnish your pay. These sovereigns of software have absolute and dictatorial control over their domains.
Is it possible to create online spaces without technical power? It is not, because of social software’s second power problem. Behind technical power, there is also social power. Whenever people come together through software, they must agree which software they will use. That agreement vests technical power in whoever controls the software. Social software cannot be completely free of coercion—not without ceasing to be social, or ceasing to be software.
Rule-of-law values are worth defending in the age of software empires, but they cannot be fully embedded in software itself. Any technical design can always be changed through an exercise of social power. Software can help by making this coercion more obvious, or by requiring more people to join together in it, but software alone cannot fully protect users. Whatever limits make social software humane, free, and fair will have to come from somewhere else—they will have to come from We the Users.
The adoption and use of social media by a broad spectrum of criminal defendants has raised some significant challenges for those tasked with crime prevention. This article will look at those challenges through the lens of three cases involving social media: United States v. Drew, United States v. Sayer, and United States v. Cassidy. However, prior to beginning that examination, this article will briefly discuss and categorize the various ways criminal defendants employ social media.
This article will demonstrate how the unregulated use of social media by participants in the justice system (judges, attorneys and jurors specifically) affects the public perception and subsequently the integrity of our justice system. The article will provide a holistic review of social media use by judges, attorneys and jurors, and demonstrate why their use of social media should be harnessed in a manner to ensure compliance with ethical rules and reduce potential negative effects to the social contract between law and society.
Social media is like a culvert. It catches pictures, novelties, personal profiles, gossip, news, unfiltered opinions, and punditry. It is subject to misuse. This article draws lines beyond which the users in the justice system should not go. It recounts important cases and provides guidance when doubt seeps into what judges, jurors, and attorneys want to do. Part II of the article will discuss the perception of lawyers held by the public in general as a foundational basis to discuss the importance of appropriately regulated social media use in the legal profession. Part III will briefly discuss social media use in the legal community providing a backdrop to the opportunities and pitfalls of such use, which will be more specifically addressed in Part IV where the correlation between the provision of justice and social media use by judges, jurors, and attorneys will be analyzed. Part V will provide justification for regulation, or at the very least, detailed guidance for social media use for those in the justice system, recognizing that social media’s rapid dissemination of material requires that the legal profession harness or, less restrictively, regulate unfettered use of social media by attorneys as any negative implications will serve to further undermine the public trust in the profession. Suggested guidelines and proposed amendments to current provisions will be provided in support. Part VI provides the conclusion.
Good law does not always make good policy. This article seeks to provide a legal assessment, not a policy directive. The policy choices made by individual institutions and athletic departments should be guided by law, but absolutely left to institutional discretion. Many articles written on college student-athletes’ social media usage attempt to urge policy directives clothed in constitutional analysis.
In this author’s opinion, these articles have lost perspective – constitutional perspective. This article seeks primarily to provide a legal and constitutional assessment so that schools and their athletic departments will have ample information to then make their own policy choices.
Owen Fiss focused on “the robustness of public debate” to conclude on his last page: “The autonomy protected by the First Amendment and rightly enjoyed by individuals and the press is not an end in itself, as it might be in some moral code, but is rather a means to further the democratic values underlying the Bill of Rights.”
This article embraces the same values but more conservatively. Whereas Fiss defended state-sponsored coercion, I leave the government mostly outside the descriptions and arguments presented here. Scholars have sought to apply the law—of crimes, torts, intellectual property, and statutory allotments and immunities—as remedies for online abuse and harassment. A few states have modified their penal codes in this direction. I applaud many of these innovations but do not rely on them. They can be rejected for purposes of the thesis that I sketch in these pages.
Like writings that come before it, this article challenges the chestnut that freedom comes at the expense of another progressive good. Equality, to some writers; antisubordination, to others; “civil rights” also serves. In contending that free speech advances and supports these progressive goals, I step into big footprints—not just those of Owen Fiss but before him, inter alia, Harry Kalven, who argued when the sixties revolution was young that white speakers ought to thank “the Negro” and his civil rights struggle for enlargement of their First Amendment rights delivered to them by the Supreme Court. But my connection to free speech is more literal than what these great precedent-writings teach. Abuse and harassment pull valuable words out of the marketplace of ideas, I argue. They lessen the discourse.
Also following in the path of other writings, this article notes a few higher stakes present in online speech as contrasted with its lower-tech antecedents. Electronic discourse adds anonymity, amplification, and permanence; within this medium, these conditions reinforce each other. Think of a rock thick and opaque enough to hide behind, durable enough to intimidate, heavy enough to inflict a real blow.
Don’t stop there. Think also of a rock’s majesty and beauty. Opacity, durability, and weight are strengths as well as dangers. In this article, I advocate measures against abuse and harassment because (not “even though”) I cherish free speech.
The purpose of this study is twofold: to explore the role of mindfulness in cultural intelligence (CQ) with the development of a CQ mindfulness model that builds on the CQ and mindfulness literatures, and to test the model’s ability to predict culturally congruent patient care. Data was collected from 215 registered nurses working in a variety of health care settings in a highly culturally diverse urban environment. The study results support the presence of three essential and distinct facets of mindfulness: empathy, open-mindedness, and using all senses, and the key role played by mindfulness in cultural intelligence. The data indicate strong relationships between mindfulness and total mental CQ (cognitive CQ and metacognitive CQ), and between mindfulness and behavioral CQ. Study results also support the significant influence of mindfulness on culturally congruent patient care and the influence of behavioral CQ on culturally congruent patient care. The data does not support the hypothesized influence of total mental CQ on culturally congruent patient care. These findings contribute to the management literature by adding to the burgeoning CQ research on the antecedents of CQ and on the interactions amongst the different CQ facets; this study also contributes to the cultural competence literature in health care with the introduction of the CQ mindfulness model as well as a new instrument to measure culturally congruent patient care. This research on CQ and mindfulness in health care proposes a novel insight as to why some nurses may be more effective than others at providing culturally congruent patient care. Findings offer timely managerial implications for health care organizations.^
The Relationships Among Defense Style, Attachment Style, and Psychopathology in an Outpatient Clinical Population
As evidence based treatments and studies of therapy outcomes become increasingly important focuses in the field of psychology and psychotherapy, we have an increasing need to understand the dynamics of psychopathology and factors that are related to the development, maintenance, and treatment of pathology. Though there are few, if any, direct causal relationships between any one factor and the development of psychopathology, understanding the relationships among different factors can help therapists determine courses of treatment that will be the most effective for each individual patient. ^ The purpose of this study was to explore the relationships among defense style, attachment style, and psychopathology in an outpatient clinic setting. It was hypothesized that there would be direct effects of attachment style and defense style on pathology, as well as a mediating effect of attachment style on pathology, through the effect of defense style.^ Participants were patients at a university based mental health clinic (N= 270). As part of their intake procedure, participants were administered the Defense Style Questionnaire, Experiences in Close Relationships-Revised, and Personality Assessment Inventory.^ The Findings of this study indicated that use of lower order defenses and insecure attachment styles both directly predict greater psychopathology. Additionally, there was a mediation effect, such that attachment style indirectly predicted pathology through the use of defense styles. In other words, anxious and avoidant attachment predicts less use of higher order defenses and greater use of lower order defenses, which in turn predicts greater levels of anxiety and depression.^ The findings of this study suggest that both attachment style and defense style play a role in the development and maintenance of psychopathology. Additionally, this study suggests that attachment style and defense style could be used in future research as outcome measures of psychopathology.^
The impact of the levels of teaching innovation (LoTi (RTM)) framework professional development on administrators' 1:1 classroom walkthrough observations: A case study
This mixed methods research study examined the impact of administrator professional development on 1:1 classroom technology integration using the Levels of Teaching Innovation (LoTi®) framework. It addressed the following four research questions: ^ 1) In what ways does the LoTi® framework professional development influence 1:1 classroom walkthroughs by administrators? ^ 2) How do administrators describe the impact of the LoTi® framework professional development on their daily supervisory practices? ^ 3) How has the LoTi® framework professional development influenced administrators’ expectations for teachers’ performance in the classroom? ^ 4) How do teachers describe the impact of the LoTi ® framework professional development on the interaction with their supervisors?^ Over the course of a semester, eight administrators from two public school districts and 40 of their corresponding classroom teachers volunteered to participate in this study. It focused on developing the administrators’ understanding and application of the Levels of Teaching Innovation (LoTi ®) Framework. This study quantitatively and qualitatively measured the effectiveness of professional learning and coaching-walkthroughs focused on technology integration. The model described in this study consisted of the campus administrator and the expert coach working in pairs. They conducted walkthrough observations while conferring to improve the administrator’s understanding of effective technology integration in successive walkthrough sessions.^ This model can serve as a new measurement standard. It underpins the process as well as the analyses of the data to bring forth the critical role of the administrator. It demonstrates how to quantify the administrators’ improvement in understanding of technology integration over time, supported by qualitative positive responses from participants in the study. The model described in this study may serve as a guide for future professional development. Key findings are discussed and the implications for practice and future studies are considered.^
For organization decision-makers, cloud computing appears to be an excellent solution in terms of their IT strategy as they gain access to high level solutions and technology while containing IT-related cost. However, the shift to cloud computing is a disruptive change that IT managers and stakeholders must carefully consider in planning for the transition. Organizations are realizing that the potential of transitioning to the cloud may come at a high price when they fail to factor in preparation time by assessment of their internal network, security concerns, business flows and human aspects. Regardless of cost, transitioning a business to the cloud involves logistical planning and preparation and should not be performed too quickly. Not all businesses are a good fit for cloud solutions so readiness needs to be ascertained. This research aims to help small to medium-sized businesses (SMBs) avoid common pitfalls by identifying key factors that require careful assessment before adoption of cloud-based IT solutions. ^ Specific grounded techniques were utilized on formal interviews conducted with selected Cloud Service Providers/Implementers (CSPs) and organizational decision-makers who have implemented cloud solutions, as well as with decision-makers who have not done so due to their belief that it was not the right choice for their business. By using grounded theory technique, this researcher identified a process based on a logical progression, and the key factors for approaching the cloud transition. The key factors were encapsulated using the Technology-Organization-Environment (TOE) framework. Subsequently, a survey on the identified factors was conducted using a Maximum Differential Scaling (maxdiff) model on both CSPs and decision-makers to identify the importance of these factors. Data was analyzed using count analyses and Z-test for proportions to identify the overall importance of each attribute plus the difference of importance to both groups. ^ Cloud computing is not merely a technological shift to outsourced providers or data centers, but represents a fundamental change. Innovative organizations may maximize their business capabilities while reducing financial costs by choosing cloud computing^
Abstract not available.^
This paper explores the role of social media in increasing a company’s brand equity and strengthening its customer relationships. The data collected consists of three case studies of major American companies, two interviews with Brazilian entrepreneurs, and a survey conducted to start-up companies in the New York City area. The paper then concludes that the use of social media by businesses, leads to a positive relationship with brand equity and improved customer relationships. Nevertheless, further research is required to see how other factors interact with brand equity and customer relationships to get a better understanding of social media and its impact on each variable.
"I Am Opposed to This Procedure": How Kafka's In the Penal Colony Illuminates the Current Debate About Solitary Confinement and Oversight of American Prisons
This is the 100th anniversary of Franz Kafka's In the Penal Colony. The story brilliantly imagines a gruesome killing machine at the epicenter of a mythical prison's operations. The torture caused by this apparatus comes to an end only after the “Traveler,” an outsider invited to the penal colony by the new leader of the prison, condemns it. In the unfolding of the tale, Kafka vividly portrays how, even with the best of intentions, the mental and physical well-being of inmates will be jeopardized when total control is given to people who run the prisons with no independent oversight.
At the core of America's vast prison system is the pervasive practice of solitary confinement, a practice that in many ways is analogous to the penal colony machine. Like the machine, it inflicts great psychological and often physical pain on people subjected to it. It, like the machine, is used to punish people for trivial offenses without due process. Like the machine, it is seen as essential to the operation of this closed prison system. Many of the new leaders of American prisons want to reform solitary confinement practices, but like the new Commandant in Kafka's tale, without oversight, these leaders operate in the dark, unable to effectuate meaningful change by themselves.
Kafka knew what he was talking about. The historic record, reviewed in this Article, demonstrates that Kafka had a notable legal career as an attorney at the Workers' Accident Insurance Institute for the Kingdom of Bohemia in Prague. In that job he worked on behalf of industrial workers to open closed worksites to oversight, thereby improving worker safety and preventing needless accidents. These experiences gave Kafka a realistic understanding of what can happen in closed, unregulated institutions such as prisons.
Despite the relevance of In the Penal Colony, Kafka's voice has not yet been heard in this debate. This Article is intended to fill that void and to reveal how Kafka's profound insights, so artfully crafted in the powerfully beautiful prose of In the Penal Colony, help us understand why we must open prison doors to outside scrutiny and put an end to the gruesome practice that is solitary confinement.
The New York Court of Appeals Visits (and Then Revisits) the Preclusive Impact of Administrative Findings of Fact in Subsequent State Court Actions
The Court of Appeals decision in Auqui v. Seven Thirty One Limited Partnership, 3 N.E.3d 682 (N.Y. 2013), recognizes that administrative proceedings which take the form of “quasi-judicial” determinations may sometimes be given preclusive impact in subsequent judicial proceedings provided that the identity of issue and full and fair opportunity requirements of collateral estoppel or issue preclusion are satisfied. The decision also recognizes that administrative determinations made without the benefit of rules of evidence, pre-trial disclosure and motion practice should be given very limited affect in subsequent judicial proceedings. The fact that the Empire State’s highest court unanimously reversed itself within one year is a reminder of how confusing the doctrines of res judicata and collateral estoppel are to the bench and bar of New York.