bluuebunny/crossref_metadata_2025_split huggingface dataset:
Healthcare Policy: Federally Mandated Insurance Coverage for Infertility Treatment
Authors: Goldwire Tutt Tanesha 
Published: May 2021

Approximately 15% of couples in the United States (U.S.) suffer from infertility. Existing infertility treatments and alternate paths to parenthood, such as adoption, are available but financially inaccessible and require self-payment. Although organizations such as the American Medical Association (AMA) and World Health Organization (WHO) classify infertility as a disease, the U.S. has not federally mandated insurance coverage for infertility. Currently, only 15 states require insurance companies to offer some type of fertility benefit and these requirements vary across states.
This paper discusses the need to federally mandate insurance coverage for infertility in the U.S. Infertility not only causes devastating outcomes for individual families, but affects nearly all demographics across the world. However, national legislation on infertility coverage continues to fail the many couples who suffer from this condition. The paper concludes with implications for social work practice and recommends ways social workers can support this policy movement. Social workers have an ethical duty not only to address clients’ mental and emotional needs, but also to be at the frontlines of policy and to advocate for federal insurance coverage for clients who desperately want to realize their dream of conceiving a child.
Setting the Edge: How the NCAA Can Defend Amateurism by Allowing Third-Party Compensation
Authors: Feiner Benjamin 
Published: May 2021

Part I of this Note describes the NCAA’s formation and its contemporary model. It also discusses the antitrust and labor law challenges the NCAA has faced inlitigation over its existing approach. Part II explores the twin challenges posed by the Fair Pay to Play Act, which cannot be sufficiently addressed through a unilateral NCAA response. The first challenge is the inconsistency in state laws, which undermines any NCAA response that seeks to impose a uniform set of rules across the country. The second is that the Fair Pay to Play Act fails to address existing legal challenges to the NCAA’s amateur model. Therefore, even if the NCAA accepts a change in the status quo, it misses an opportunity to address the increasingly uncertain broader legal status of its restrictions on college athlete compensation.
In response to these challenges, Part III contends that the NCAA should more urgently pursue a comprehensive federal legislative compromise that sacrificesrestrictions on NIL compensation in return for statutory protections from further labor and antitrust litigation. This type of federal legislation would have theadditional benefit of preempting state laws on the subject, thus maintaining a uniform system of rules. By losing the battle to win the war, the NCAA will be well positioned for continued viability in the coming decades
Moral Reflections on Strict Liability in Copyright
Authors: Goold Patrick R. 
Published: May 2021

Accidental infringement of copyright is a pervasive and largely ignored problem. In the twenty-first century, it has become increasingly easy to infringe copyright unintentionally. When such accidental infringement occurs, copyright law holds the user strictly liable. Prior literature has questioned whether the strict liability standard is normatively defensible. In particular, prior literature has asked whether the strict liability standard ought to be reformed for economic reasons.
This Article examines the accidental infringement problem from a new perspective. It considers whether it is fair to hold copyright users strictly liable for accidental infringements of copyright. This Article argues that the strict liability standard is not fair because it results in copyright users being held liable for accidents for which they are not morally responsible. Using the moral philosophy literature on responsibility, this Article explores our intuitions surrounding copyright’s liability standard in order to better understand why strict liability in this context seems “harsh” and “inequitable.” In turn, this provides an argument for reforming copyright’s liability rule and adopting a negligence standard. This Article then argues that, within the United States, the proposed reform to copyright’s liability rule should be accomplished by modifications to the existing fair use doctrine.
Restating Copyright Law’s Originality Requirement
Authors: Hughes Justin 
Published: May 2021

In 2015, the American Law Institute (ALI) launched a project to create a Restatement of the Law, Copyright. Concern, objection, and disagreement about the ALI’s Restatement projects is not new, but the Restatement of Copyright project seems to be particularly controversial among industries dependent on copyright protection. The drafting group has now worked through several versions of some proposed sections; a handful of these have been approved by the ALI Council and are ready to go before the ALI general membership. So now is a good time for close analysis of the chunks of the projects that have crystallized.
This Article reviews the 2020 draft Restatement’s presentation of American copyright law’s threshold requirement for protection: that copyright protects only “original works of authorship,” and how that “originality” requirement should be understood in light of the Supreme Court’s 1991 decision in Feist v. Rural Telephone. Copyright’s originality requirement is a challenging subject for a Restatement because what is unquestionably agreed is that black letter law is limited, formulaic, and opaque. Not surprisingly, the Restatement’s handling of this topic hews close to the words of the Supreme Court’s modern pronouncement on the issue, sometimes to the detriment of a richer, potentially more enlightening discussion.
The discussion here is based principally on “Tentative Draft No. 1” of the Restatement, released on April 8, 2020,3 but the discussion will also include consideration of the earlier “Council Drafts”4 that led to the 2020 proposal.
Part I of the Article briefly describes the controversial beginnings of this Restatement project—and, as of 2021, the continuing animosity of copyright stakeholders to the project. Part II lays out the 2020 draft Restatement’s core provisions on copyright originality, the modest evolution of these provisions since the 2017 draft, and some concerns with what these sections, Comments, and Reporters’ Notes say. In broad strokes, the draft Restatement’s take on copyright originality is faithful to the Supreme Court’s 1991 Feist v. Rural Telephone decision, perhaps too much so. Part II.A explores the draft Restatement’s presentation of Feist’s “modicum of creativity” requirement, raising some issues both with what the Reporters have said so far and equally with what the draft Restatement seems unwilling to say about minimal creativity. Part II.B discusses the draft Restatement’s presentation of Feist’s “independent creation” requirement; here the concern is that the draft may conflate independent creation with minimal creativity in a way that does not contribute to coherence in copyright law.
Restatement of the Law, Copyright: A Useful Resource for Practitioners and Courts or a Rashomon Exercise?
Authors: Schwartz Eric J. 
Published: May 2021

As the Ninth Circuit succinctly observed, when deciphering copyright law, “[w]e begin, as always, with the text of the statute.” An examination of any aspect of copyright law commences with the text of Title 17 of the United States Code (the “statute”), and then turns to case law for adjudications and interpretations of the relevant statutory text, or as the primary source of law in the gaps in the statute. Everything else is secondary and not, of course, a substitute for the law, whether it is legislative history, Copyright Office (and other government agency) studies, treatises, or other commentary.
If copyright law consists predominantly of federal statute, how, if at all, will the American Law Institute (“ALI”) project to prepare a Restatement of the Law of Copyright (the “Restatement”) provide a useful or necessary resource for attorneys and the courts? In the face of the primacy of the enacted statutory text, why undertake a project to recast and rephrase the law? What, if any, use might it yield to practitioners and courts, and equally importantly, will consequential harms result?
From the inception of the Restatement project, the creative community has collectively viewed the project with skepticism about its necessity and fears about its purpose and biases, and the resultant impact on the livelihoods of creators. This Response focuses on the practical uses, if any, of the Restatement for attorneys and courts grappling with copyright issues. The Response also examines, from a practitioner’s point of view, the Restatement’s potential to harm the ecosystem of the copyright creative community, and the likelihood that the harm will outweigh any value the Restatement might bring to clarifying the law.
Between Code and Treatise: The Hard Challenge of the Restatement of Copyright
Authors: Liu Joseph P. 
Published: May 2021

The proposed Restatement of Copyright raises a question that has been obvious to everyone from the very start of the project: How do you restate an area of the law governed by a comprehensive federal statute? Restatements have, to date, focused near-exclusively on common law subjects. The Reporters of other Restatements thus did not operate in the shadow of an authoritative uniform federal statute. Instead, they faced an unruly and “ever-growing mass of decisions in the many different jurisdictions, state and federal, within the United States.” From this mass of decisions, the Reporters derived the “black-letter law” and “restated” the law in a form resembling a code. In doing so, reporters sought to bring order, clarity, and coherence to a body of law that lacked any other means of doing so. But if this act of restating the law in the form of a code is a central feature of a Restatement, then how do you restate an area of law that already has a comprehensive code? What is to be gained by essentially re-codifying the law?
Is There a New Extraterritoriality in Intellectual Property?
Authors: Holbrook Timothy R. 
Published: May 2021

This Article is the first to comprehensively interrogate the impact of the Supreme Court’s recent interventions in extraterritoriality as it relates to the three historical forms of federal intellectual property: patent, copyright, and trademark. In this manner, it fills an important gap in the literature because most assessments of the presumption focus only on one area of law. Moreover, this Article offers a novel comparative assessment of the evolution of the presumption across the patent, copyright, and trademark regimes, offering both a descriptive account of the state and evolution of the law, as well as a normative assessment of whether the current state of the law best effectuates the policies that justify these forms of protection.
In reviewing the application of the Supreme Court’s recent jurisprudence in these three areas of intellectual property, the Article concludes that the Supreme Court’s effort to standardize the law of extraterritoriality has failed. Lower courts’ engagement with the presumption has been, at best, inconsistent. There are times where the courts simply ignore the Court’s recent cases, relying on previous cases and doctrine without pausing to reconsider whether those doctrines survive the Supreme Court’s latest changes to the law. The Article also concludes that this inconsistency cannot be justified based on the differing policies surrounding copyright, trademarks, and patents.
This Article proceeds as follows. Part I discusses the state of the law of extraterritoriality in copyright, trademark, and patent, as it stood before the Supreme Court’s recent intervention. This review demonstrates that all three disciplines were treating extraterritoriality very differently, and none were paying much attention to the presumption against extraterritoriality. Part II reviews a tetralogy of recent Supreme Court cases, describing the Court’s attempt to formalize its approach to extraterritoriality across all fields of law. Part III analyzes the state of IP law in the aftermath of this tetralogy of extraterritoriality cases. It concludes that there has been some impact on patent law, but virtually none on copyright or trademark. The Article assesses whether there is a new extraterritoriality for intellectual property and concludes that there is not: The Supreme Court’s efforts, at least in IP, have not led to greater coherence. While there may be reasons for the lower courts’ failure to follow the framework, it does represent a missed opportunity for cross fertilization, at least among intellectual property regimes, if not across all fields of law. It also offers a call for the consideration of comity—looking to foreign law and potential conflicts—in deciding whether to apply U.S. law extraterritorially.
Investor-State Dispute Settlement Reform: Reconsidering the Multilateral Investment Court in the Context of Disputes Involving Intellectual Property Law
Authors: Zhao Mary 
Published: May 2021

On January 18, 2019, the European Commission submitted a proposal to the United Nations Commission on International Trade Law to establish a multilateral investment court for investor-state disputes. The European Commission’s proposal reflects growing discussions about the potential reform of the investor-state dispute settlement system. While the present work on reform options focuses on issues relating to the legitimacy of the investor-state dispute settlement system, the effects of the reform options on investor-state disputes that specifically involve intellectual property law remain to be examined.
This Article argues that although the proposed multilateral court structure offers a comprehensive approach to addressing the concerns with the investor-state dispute settlement system, it does not address a number of issues that are specific to disputes involving intellectual property law. This Article analyzes issues that arise from the arbitral tribunal’s role in investor-state disputes that involve laws governing intellectual property at the international and domestic levels. In doing so, this Article shows that these issues are distinct from the ones that broadly relate to the legitimacy of the investor-state dispute settlement system. In light of these issues, this Article proposes additional considerations for the multilateral investment court structure. Specifically, this Article proposes including expertise in the relevant international agreements as a selection criteria for adjudicators and giving deference to the host state’s courts in disputes that involve issues of domestic intellectual property law.
Engaging with ELL Students in Their Personal Writing
Authors: Chung Esther 
Published: May 2021

I am currently a student teacher at a charter school in Philadelphia, Pennsylvania. My class is a self-contained 7th and 8th grade ELL classroom, where the cooperating teacher (CT) teaches all content classes. In English Language Arts (ELA) this month, students were assigned to write a personal friendship story. Prior to writing, students were asked to fill out a graphic organizer with three columns: (1) My Friends, (2) Places I have Friends, and (3) Things I like to do with Friends.
Reaching Kinesthetic Learners Over Distance
Authors: Gorbenko Katherine M. 
Published: May 2021

Erickson, a New York City high school student, and I were working on his algebra homework over Zoom, specifically parabolas. We broke down the motion of a basketball and compared it to a parabola. He happened to have a small hoop on the back of his door and when he tried the motion himself, it was clear something clicked. You see, Erickson is a kinesthetic learner. During the pandemic, it has been challenging to design interactive materials and lessons for different types of learners. Distance learning disproportionality favors visual learners, followed by aural; however, reaching our kinesthetic learners has been a challenge.
Mental Health Literacy, Stigma, and Access to Services among Young Adults in Tunisia
Authors: Eddahiri Sarra , Johnson Katherine 
Published: May 2021

Background: There is limited research on mental health literacy and stigmatization attitudes towards mental illness in Tunisia, despite the increasing need for such research to better understand its complexity in a specific country context. Using an exploratory mixed-method approach this study attempted to assess the needs and perceptions about mental health within a population of Tunis-based young adults.
Methods: A sample of 80 participants completed an online survey on different aspects of mental health attitudes, mental illness literacy and stigma, with a subset of survey participants participating in one-on-one interviews.
Results: Survey results show that 77% of respondents completely agreed or somewhat agreed that they would like to learn more about mental health. This study also found that 68% of the sample reported a lack of accessibility to mental healthcare services resulting in 49% reporting their preference to search their symptoms on the internet instead of informing someone. Throughout the interviews phase, the main factors identified to have a crucial impact on young adults' choice to openly communicate feelings and thoughts with each other and to seek professional help are: culture, gender roles, sexual orientation, and family approval.
Conclusion: This study suggests a great desire among young adults to learn more about mental health, and highlights the cultural complexities regarding mental health stigmatization in Tunisia. It also highlights the need for culturally relevant approaches raising awareness about mental health.
O SOFRIMENTO NA RELAÇÃO DOS SERVIDORES TÉCNICOS ADMINISTRATIVOS DA UNIVERSIDADE FEDERAL DE PERNAMBUCO COM A ORGANIZAÇÃO DO TRABALHO
Authors: Calado Cecilia Melo , Marques Denilson Bezerra 
Published: May 2021

A presente pesquisa investigou o sofrimento na relação de servidores técnicos administrativos da Universidade Federal de Pernambuco com a organização do trabalho. Procurou conhecer a história pessoal e profissional dos servidores para identificar se existe sofrimento psíquico no desenvolvimento de suas funções e, sobretudo, compreender se tal vivência tem relação com a organização do trabalho. Adotou-se uma abordagem qualitativa com a utilização da entrevista individual semiestruturada para a coleta de dados. Apreendeu-se que o servidor da UFPE, de modo geral, traz para a prática profissional vários elementos que fazem parte da construção da sua história de vida, os quais se refletem na sua relação com a organização do trabalho. Pôde também extrair registros diversos de insatisfação, prazer, incômodo, sofrimento psíquico e, em alguns casos, adoecimento, ligados em sua maioria a aspectos da organização de trabalho.
Các yếu tố ảnh hưởng đến quyết định lựa chọn hãng hàng không Vietnam Airlines của khách hàng cá nhân
Authors: Sơn Long Huỳnh , Ngọc Dưỡng Phạm 
Published: May 2021

Nghiên cứu này nhằm xác định các yếu tố ảnh hưởng đến quyết định lựa chọn hãng hàng không Vietnam Airlines của khách hàng cá nhân tại Cảng hàng không quốc tế Tân Sơn Nhất, mức độ ảnh hưởng của từng yếu tố. Nghiên cứu được thực hiện bằng phương pháp nghiên cứu định tính với kỹ thuật phỏng vấn sâu, và nghiên cứu định lượng sử dụng các phương pháp Cronbach’s Alpha, EFA, T-test, ANOVA, hồi quy tuyến tính bội.
Nghiên cứu định lượng thực hiện dựa trên khảo sát 250 khách hàng đã sử dụng dịch vụ của Vietnam Airlines, sau đó dùng phần mềm SPSS 22 để phân tích. Kết quả cho thấy có 6 yếu tố độc lập đều có ảnh hưởng đến quyết định lựa chọn Vietnam Airlines của khách hàng cá nhân: Năng lực phục vụ (PV), Khả năng đáp ứng (DU), Giá cả (GC), Tiện ích hữu hình (TI), Độ tin cậy (TC), Sự thân thiện (TT). Từ đó, nghiên cứu đề xuất một số hàm ý quản trị đối với các yếu tố này nhằm thu hút khách hàng cá nhân lựa chọn hãng hàng không Vietnam Airlines để di chuyển.
A morphological and molecular review of the genus Goniurosaurus, including an identification key
Authors: Ngo Hai Ngoc , Nguyen Huy Quoc , Tran Hieu Minh , Ngo Hanh Thi , Le Minh Duc , Gewiss Laurenz Rafael , Van Schingen-Khan Mona , Nguyen Truong Quang , Ziegler Thomas 
Published: May 2021

The genus Goniurosaurus (tiger geckos) currently consists of 23 species distributed in China, Japan and Vietnam. Several species complexes and recent discoveries of cryptic species pose challenges to the species identification, which is crucial to effectively implement the recent listing of the species from China and Vietnam in CITES Appendix II and the species from Japan in CITES Appendix III. Based on the results of our field work in northern Vietnam and data compiled from literature, we herein provide a taxonomic review of the genus Goniurosaurus. Our phylogenetic analyses showed that all recorded populations of tiger geckos from Vietnam, which were found to be monophyletic with low intra-specific genetic divergences, are assigned to one of the four species: G. catbaensis, G. huuliensis, G. lichtenfelderi or G. luii. Both genetic and morphological analyses confirm that the species from China and Vietnam can be split into three major groups. Based on the newly collected data, we provide an extended morphological description of the Vietnamese species. In addition, we provide an identification key for all Goniurosaurus species from China, Japan and Vietnam in order to assist authorities in the enforcement of the recent CITES listing.
Un pueblo y una clave para filosofar
Authors: Silva Nancy Lamenza Sholl da , Victorio Cervantes José Luis 
Published: May 2021

Tiempos inéditos para reflexionar y preguntarnos ¿Será posible sospechar que hay un pensamiento único? ¿Ayudará la situación a vislumbrar una forma diferente de estar en el mundo? Para romper los parámetros de la modernidad y posmodernidad necesitamos situarnos en otro lugar, Dussel lo describe como una nueva manera de construir el mundo, la transmodernidad. Los caminos para reconocer y vivir otros mundos son desconocidos y diversos, presentaremos uno existente desde hace varios siglos, cuando no era América y no existía la colonización, imposición que intentó silenciar a pueblos originarios. Pretender una actitud descolonizadora invita a experimentar una inserción - inculturación o una indigenización; son posibilidades para superar el paradigma racional dominante y accesar el ‘ayxa sk’ujol, ser entre los humanos “con corazón” y “no entre los cerebrales”. Un posible acceso a este saber ancestral, requiere de una clave en contexto mediante una lengua desconocida y desconsiderada. Seguiremos a Lenkersdorf en su libro Filosofar en clave tojolabal y también nos ayudaremos de algunos comunicados de pueblos mayas en lucha contemporánea de resistencia. Esta lengua maya contiene el sonido “tic”, como desinencia y es la clave que a nosotros los occidentales desconcierta, confunde o de plano no entendemos.