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- All Subjects: engineering
- All Subjects: Law
- Creators: Liu, Yongming
Description
Music streaming services have affected the music industry from both a financial and legal standpoint. Their current business model affects stakeholders such as artists, users, and investors. These services have been scrutinized recently for their imperfect royalty distribution model. Covid-19 has made these discussions even more relevant as touring income has come to a halt for musicians and the live entertainment industry. <br/>Under the current per-stream model, it is becoming exceedingly hard for artists to make a living off of streams. This forces artists to tour heavily as well as cut corners to create what is essentially “disposable art”. Rapidly releasing multiple projects a year has become the norm for many modern artists. This paper will examine the licensing framework, royalty payout issues, and propose a solution.
ContributorsKoudssi, Zakaria Corley (Author) / Sadusky, Brian (Thesis director) / Koretz, Lora (Committee member) / Dean, W.P. Carey School of Business (Contributor) / Department of Finance (Contributor) / Barrett, The Honors College (Contributor)
Created2021-05
Description
This focuses on recent changes in Arizona eminent domain law regarding the question of whether a use be "truly public." In light of the landmark decision in Bailey v City of Mesa--often lauded as a great victory for proponents of private property rights-- a few sources will be reviewed to provide an indication of the extent redevelopment in Arizona has been affected by the decision. While the result in Bailey, precluding the City from taking the subject property may have been the correct outcome, the test to which the case now subjects any similar case involving redevelopment has made it unnecessarily difficult for political subdivisions of the state to carry out legislated redevelopment goals. The Bailey case only served to convolute the question of "public use" in the context of economic development, rather than create a workable body of law. In addition to providing a historical context and analyzing the effect of new interpretations on redevelopment generally, this paper will critique the Bailey decision in order to resolve the conflict that the decision created: that of the redevelopment goals of the state and municipalities and the authorized use of condemnation to achieve these goals with the judiciary's decision to greatly restrict the use of condemnation for the achievement of redevelopment goals. Arguably this conflict arose from a failure to fully understand the complexities of the use of the power of eminent domain for redevelopment purposes. Unaware of the need to use eminent domain in order to speed along and make possible economic redevelopment, overzealous proponents of property rights have reduced the issue to a narrow view of the state vs. the individual. Hopefully this paper can offer a more moderate and unbiased view of the use of eminent domain in light of the charge of the state and municipalities to facilitate economic growth.
ContributorsStern-Sapad, Zalman Badi (Author) / Birnbaum, Gary (Thesis director) / Braselton, James (Committee member) / Barrett, The Honors College (Contributor) / W. P. Carey School of Business (Contributor)
Created2015-05
Description
Abstract I sought out a project that would be able to intertwine the topics of business law and the business of sports. After reading and researching a few different options, one combination of law and sports that stood out to me was the frequent labor disputes between NHL owners and the players' union. The main goal of this project was to examine whether or not the lockouts that were instituted by National Hockey League owners during the labor disputes that occurred in 2004 and 2012 actually left the league with a better long term financial and social landscape. Through the examination of the stakeholders that were involved in each dispute and their resulting situations, I presented my answer to the above question. In order to properly study the overall situation, I also discussed the history of sports business, the history of the National Hockey League's business landscape, and collective bargaining in sports amongst other topics.
ContributorsNix, Eric Anthony (Author) / Eaton, John (Thesis director) / Kutz, Elana (Committee member) / Barrett, The Honors College (Contributor) / Department of Marketing (Contributor) / W. P. Carey School of Business (Contributor)
Created2015-05
Description
This thesis will focus on the organizational structures and leadership challenges within private law firms. It begins by explaining the different roles within the organizational structure. It will then discuss various other duties that are carried out by lawyers in addition to legal work. Through the use of qualitative methodology, including a review of scholarly literature and semi-formal interviews with private firm partners, this research mainly focuses on the challenges that exist in private law firms. The study concludes with possible solutions to address the discussed challenges in private law firms.
ContributorsKrikorian, Dikranouhi (Author) / Trujillo, Rhett (Thesis director) / Waldman, David (Committee member) / Barrett, The Honors College (Contributor) / W. P. Carey School of Business (Contributor) / Department of Management (Contributor)
Created2015-05
Description
Certain laws relating to self-defense were created known as "Stand Your Ground" laws. The public has interpreted these laws in ways that expand them beyond their original scope. To gain an understanding of self-defense laws, a look at the origins of self-defense is needed. Following the historical background, several cases will be examined that illustrate how the public has interpreted "Stand Your Ground" laws, and how these interpretations clash with elements of self-defense. Several philosophical principles including natural rights, the social contract, and some form of utilitarianism, will be discussed in relation to "Stand Your Ground" laws. A possible conclusion can be drawn that by misinterpreting "Stand Your Ground" laws, people compromise the philosophical ideals they hold, and infringe on other people's natural rights, break the social contract, and create societal unhappiness. Finally, some people are calling for reform of "Stand Your Ground" laws. These reforms focus on correcting public perception of "Stand Your Ground" laws.
ContributorsSmith, Geramya Joseph (Author) / Sigler, Mary (Thesis director) / Stanford, Michael (Committee member) / Kader, David (Committee member) / Barrett, The Honors College (Contributor) / Sandra Day O'Connor College of Law (Contributor) / W. P. Carey School of Business (Contributor)
Created2013-05
Description
Volume depletion can lead to migraines, dizziness, and significant decreases in a subject's ability to physically perform. A major cause of volume depletion is dehydration, or loss in fluids due to an imbalance in fluid intake to fluid excretion. Because proper levels of hydration are necessary in order to maintain both short and long term health, the ability to monitor hydration levels is growing in clinical demand. Although devices capable of monitoring hydration level exist, these devices are expensive, invasive, or inaccurate and do not offer a continuous mode of measurement. The ideal hydration monitor for consumer use needs to be characterized by its portability, affordability, and accuracy. Also, this device would need to be noninvasive and offer continuous hydration monitoring in order to accurately assess fluctuations in hydration data throughout a specified time period. One particular method for hydration monitoring that fits the majority of these criteria is known as bioelectric impedance analysis (BIA). Although current devices using BIA do not provide acceptable levels of accuracy, portability, or continuity in data collection, BIA could potentially be modified to fit many, if not all, desired customer specifications. The analysis presented here assesses the viability of using BIA as a new standard in hydration level measurement. The analysis uses data collected from 22 subjects using an existing device that employs BIA. A regression derived for estimating TBW based on the parameters of age, weight, height, sex, and impedance is presented. Using impedance data collected for each subject, a regression was also derived for estimating impedance based on the factors of age, weight, height, and sex. The derived regression was then used to calculate a new impedance value for each subject, and these new impedance values were used to estimate TBW. Through a paired-t test between the TBW values derived by using the direct measurements versus the calculated measurements of impedance, the two samples were found to be comparable. Considerations for BIA as a noninvasive measurement of hydration are discussed.
ContributorsTenorio, Jorge Antonio (Author) / LaBelle, Jeffrey (Thesis director) / Pizziconi, Vincent (Committee member) / Spano, Mark (Committee member) / Barrett, The Honors College (Contributor) / W. P. Carey School of Business (Contributor) / Harrington Bioengineering Program (Contributor)
Created2013-05
Description
Modern Americans ignorantly live under a blanket of unread terms, conditions, and binding contracts. Often, these contracts (mostly associated with products and services) come and go with little effect. Periodically, the products or services cause the consumer harm, leading them to seek repair. The consumer then realizes that all the fine print they failed to read makes an impactful legal difference. This paper analyzes the work of Professor Radin through her book, Boilerplate. It goes on to explore many other arguments presented by contract theorists and makes substantial claims regarding the dangers of boilerplate (unread terms and conditions).
ContributorsBecker, Alexander Daniel (Author) / Koretz, Lora (Thesis director) / Calleros, Charles (Committee member) / Barrett, The Honors College (Contributor) / W. P. Carey School of Business (Contributor) / Department of English (Contributor)
Created2015-05
Description
It is interesting to reflect that the American legal system has not seriously applied any significant technological advances in many decades. It is fascinating that the same processes used to draft a will or estate plan are virtually the same as they were in the 1960’s. This seems to be a problem that should be concerning in this modern age. We would be hard pressed to observe doctors in the U.S. currently performing medical procedures as they would have in 1960 considering the technological advancements that have taken place in society since then. Many of the processes in the legal system are extremely static and even archaic. It seems to be an opportune time to revolutionize the whole system as advancements continue; but, this revolution must take into account both the positive and negative repercussions that are possible moving forward.
ContributorsWilladson, Conor Calista Carolena (Author) / Koretz, Lora (Thesis director) / Forst, Bradley (Committee member) / Dean, W.P. Carey School of Business (Contributor) / Department of Psychology (Contributor) / Barrett, The Honors College (Contributor)
Created2020-05
Description
After the landmark case, Gideon v Wainwright was heard by the United States Supreme Court in 1963, the 6th Amendment granted counsel to indigent defendants. However, since 1963 the United States population has skyrocketed and so have arrest rates leaving many public defenders underpaid and overworked. Knowing these facts Can Justice be Bought uses interviews, real-life stories, and research to determine if the 6th Amendment is upheld in the way the system is currently working, and are indigent defendants given a fair chance at trial. After an overview of public defense in the United States as a whole, it becomes clear that in many states the way the system is operating gives them less than a fair chance at justice. This, however, is not from a lack of effort from public defenders, they are simply just so overworked by exorbitant caseloads that they cannot possibly give each of their cases the time it deserves. However, not all indigent defense systems were created equal, states like Maryland have a number of resources for their public defenders that set them up for success. In order to close the gap between private counsel and public defense in the United States, public defenders’ offices should begin to allocate more funding in order to lighten their defenders’ caseloads as well as to provide them with resources such as expert witnesses and social workers. Funding is not found overnight, so in the meantime, the implementation of “participatory defense” can also help close the gap. The advantage of wealth is not found only in the courtroom but through nearly every part of the criminal justice system. From bail to parole, wealthier defendants typically see higher rates of success and lower rates of recidivism due to their ability to pay for these programs.
ContributorsAyd, Olivia (Author) / Koretz, Lora (Thesis director) / Moore, James (Committee member) / Dean, W.P. Carey School of Business (Contributor, Contributor) / Barrett, The Honors College (Contributor)
Created2020-05
Description
My thesis explores the role that implicit gender bias plays in the courtroom. From personal experience, I have seen the way that gender has been a factor in the courtroom as a result of both competing in and coaching Mock Trial. As a competitor, my gender was always a factor in that I was told that I couldn't do something because I am female. As a coach, I found myself reinforcing these ideas of gender because that was what I was taught, even though I didn't agree with them. I decided to explore the role of gender in the courtroom using Mock Trial as a framework to study how implicit gender biases is present. As a result of my research, I argue that implicit gender bias is present in the courtroom, and that these biases create barriers for female success. I have conducted research based on a variety of sources, beginning with looking at the role women have historically played in the courtroom to current issues facing women attorneys today. I have researched the role of implicit gender bias and studied how these biases impact women and hinder their success. I conducted research through distribution of the coach survey and analyzed the responses. From these finding I have concluded that implicit gender bias is a factor in the courtroom and that these biases tend to negatively affect women competitors. I conclude that that more research and studies need to be done to make individuals aware of how implicit gender bias functions in the courtroom and how coaches in Mock Trial may be contributing to the reinforcement of these biases.
ContributorsDuarte Luna, Ariana Maria (Author) / Stoff, Laurie (Thesis director) / Amazeen, Nia (Committee member) / Department of Psychology (Contributor) / W. P. Carey School of Business (Contributor) / Barrett, The Honors College (Contributor)
Created2017-05