Digital Commons Network^™

God In The Machine: A New Structural Analysis Of Copyright's Fair Use Doctrine, Matthew Sag

Faculty Articles

Recognition of the structural role of fair use has the potential to mitigate some of the uncertainty of current fair use jurisprudence. The statutory framework for fair use both mitigates and causes uncertainty. It mitigates uncertainty by providing a consistent framework of analysis the four statutory factors. However, when judges apply the statutory factors without articulating or justifying their own assumptions, they increase uncertainty. The statutory factors mean nothing without certain a priori assumptions as to the scope of the copyright owner's rights. A more stable and predictable fair use jurisprudence would begin to emerge if those assumptions were made …

Mestizaje And Law Making As Interrelated Processes In Indigenous Identity Formation In Northeastern Brazil: “After The Conflict Came The History”, Jan Hoffman French

Sociology and Anthropology Faculty Publications

This article explores issues of authenticity, legal discourse, and local requirements of belonging by considering the recent surge of indigenous recognitions in northeastern Brazil. It investigates how race and ethnicity are implicated in the recognition process in Brazil, based on a successful struggle for indigenous identity and access to land by a group of African-descended rural workers. This article argues that the relationship between two processes – law making and indigenous identity formation – is crucial to understanding how the notion of mixed heritage is both reinforced and disentangled. It illustrates how these two processes interact over time and how …

The State Of American Federalism, 2004: Is Federalism Still A Core Value?, Dale Krane, Heidi Koenig

Public Administration Faculty Publications

Federalism as a political issue was conspicuously absent from the 2004 presidential contest. Unlike many previous campaigns, neither party’s candidate made much mention of problems besetting states and localities. The war against global terrorism and the changing situation in Iraq shaped the election. Progress was made on homeland security, but intergovernmental wrangling over federal grants continued unabated. Federal-state feuds were common in several policy areas, including education, environmental protection, and health care. State finances received a revenue boost as economic growth picked up, but rising costs for Medicaid, education, employee pensions, and prisons clouded states’ financial forecasts. The U.S. Supreme …

Report Card: Grading The Country's Response To Columbine, Scott R. Simpson

Buffalo Law Review

No abstract provided.

Itf Enhancing Human Security Annual Report 2005, Itf-Enhancy Human Security

Global CWD Repository

The journey towards SE Europe region free from the impact of mines unites various stakeholders – the mine affected communities and their mine action authorities, international and local donor communities, the implementing partners and agencies – in a harmonized cooperation towards a positive end. The mandate of raising and managing funds has been entrusted to the ITF, which proved to be a recognizable and trustworthy partner. In 2005, the ITF funded some 50% of the demining programme in Bosnia and Herzegovina, approximately 20% in Croatia, 75% in Albania and over 50% in Serbia and Montenegro (incl. Kosovo). The overall number …

Evaluating Awareness Of Community Health And Human Services By The Hispanic Population In Lexington, Kentucky, Pilar Corbellini

MPA/MPP/MPFM Capstone Projects

Over the past 10 years, Hispanics, predominately Mexicans, have become a notable component of immigration in Kentucky. At the same time, the city of Lexington has striven to increase and stimulate community efforts to help and support people in need. Over 2000 non-profit organizations exist in the city and surrounding areas that unite community support to assist people seeking help.

Among non-profit agencies, particularly the United Way of the Bluegrass, there is a perceived idea that people in need and seeking help are overwhelmed with information about available community human and health services. Notwithstanding this perception, a different reality seems …

The Color Purple: Can Alternative Election Systems Better Represent American Political Behavior?, Krista Rinehart

MPA/MPP/MPFM Capstone Projects

No executive summary.

Measuring Environmental Compliance Assistance Outcomes: A Benefit Cost Analysis Of The Kentucky Business Environmental Assistance Program, Kenya K. Stump

MPA/MPP/MPFM Capstone Projects

The 1990 Clean Air Act Amendments (CAAA) established, in section 507, the Small Business Stationary Source Technical and Environmental Compliance Assistance Program (SBTCP). SBTCPs under the CAAA are designed to provide small stationary air pollution sources with technical and compliance assistance, develop tools and disseminate information, communicate requirements under the Act, and assist small businesses with pollution prevention.

In Kentucky, the compliance and technical assistance program is known as the Kentucky Business Environmental Assistance Program (KBEAP). Since the program’s inception, measures of performance have primarily focused on outputs. With the establishment of Goal 5 of the 2003-2008 Environmental Protection Agency …

Anti-Displacement Strategies: Nonprofit Organizations In Old Town Chinatown, Jenny Bajwa, Joanne Daunt, Sean Farrelly, Serah Overbeek, Jessica Sladek

Master of Urban and Regional Planning Workshop Projects

Old Town Chinatown is home to over 40 nonprofit organizations (nonprofits), including social service providers and arts, history, and culture groups. These groups contribute immeasurably to the community through the services and educational opportunities they provide and through their role in the social and economic fabric of the neighborhood. Urban renewal has come to the neighborhood in the form of several large projects that are either currently underway or scheduled to begin in the next several years. While these plans present an opportunity for much needed development in Old Town Chinatown, there is concern among nonprofits that redevelopment and private …

The Diggable City: Making Urban Agriculture A Planning Priority, Kevin Balmer, James Gill, Heather Kaplinger, Joe Miller, Melissa Peterson, Amanda Rhoads, Paul Rosenbloom, Teak Wall

Master of Urban and Regional Planning Workshop Projects

In addition to an inventory of potential urban agriculture sites, the team also conducted a literature review, held focus groups with relevant stakeholders, conducted numerous interviews, and administered and analyzed surveys. The results of these outreach efforts greatly informed criteria development and recommendations, and expanded our understanding of the potential for urban agriculture in Portland. This project was conducted under the supervision of Sy Adler, Deborah Howe, and Connie Ozawa. A DVD version of this work produced in 2006 can be found at: http://search.library.pdx.edu/PSU:CP71113508690001451

Report Of The Focus Group Workshop On Victim And Casualty Data Collection And Support Requirements For Imsma Version 4, Cisr

Global CWD Repository

The Mine Action Information Center (MAIC) at James Madison University (JMU) hosted a focus group workshop on 15-16 August 2005 in support of the development of version 4 of the Information Management System for Mine Action (IMSMA). Mr. Alan Arnold, the IMSMA program manager, tasked the MAIC to organize and host the workshop in order to bring together subject matter experts in the fields of Mine Risk Education (MRE) and Mine Victim Assistance (MVA). The objective was to elicit, categorize and record comment on and suggestions for the proposed design of Victim and Casualty Data Collection and Analysis modules for …

Darkest Before Dawn: The Work Of Emmaculeta Chiseya Of Zimbabwe, Lucia Gbaya-Kanga

Kroc IPJ Research and Resources

Women on the frontline of efforts to end violence and secure a just peace seldom record their experiences, activities and insights – as generally there is no time, or, perhaps, no formal education that would help them record their stories. The Women PeaceMakers Program is a selective program for leaders who want to document, share and build upon their unique peacemaking stories. Selected peacemakers join the IPJ for an eight-week residency. Women PeaceMakers are paired with a Peace Writer to document in written form their story of living in conflict and building peace in their communities and nations. While in …

57th & Division Street Community Ownership Project, Brendan Buckley, Clark Henry, Stephen Shane, Simone C. Wolter

Master of Urban and Regional Planning Workshop Projects

HBU Consultants identify available resources in the region that could assist the clean up and redevelopment of the SE 57th and SE Division site, ascertained what kind of future use the community desires on this site, and evaluated sources of data to develop recommendations on how the DCOP could proceed. This project was conducted under the supervision of Deborah Howe, Sy Adler, and Connie Ozawa.

Social Marketing Applications And Transportation Demand Management: An Information Instrument For The 21st Century, Enda Mcgovern

WCBT Faculty Publications

Concern has been expressed by planners and policy-makers that the “add capacity” strategy used in building more roads to resolve traffic-induced problems is no longer a feasible option. This article explores private transport behavior in understanding how users can be persuaded to adopt a more blended approach (i.e., integrating car, public transportation, and alternative modes on a daily basis). The research methodology adopted focus groups and travel diaries in presenting a number of social marketing message appeals aimed at inducing a change in participants’ travel behaviors. While weaknesses are identified in the social marketing materials, this research concludes that social …

Lifelong Learning For Older Persons In Hong Kong, Sze Sze, Stephanie Hui

Lingnan Theses

Lifelong learning (LL) has been widely regarded as one of the activities that can enhance well-being of the society and benefit older persons in terms of psychological, physical, mental, and cognitive well-being. In foreign countries like the Unites States of America, the United Kingdom, Finland, France, Australia, and also China, LL among older persons had been developed successfully. Hong Kong, in contrast, has no systematic planning for the development of LL even though the aged population is increasing rapidly. This research aims at constructing a LL model for older persons in Hong Kong. The theoretical framework of study focused on …

His Story/Her Story: A Dialogue About Including Men And Masculinities In The Women’S Studies Curriculum, B. Berila, J. Keller, C. Krone, Jason A. Laker, O. Mayers

Faculty Publications

The article discusses the issue of inclusion of men and masculinities in the Women's Studies curriculum. Women's Studies programs were started to compensate for the male domination in the academics. Women's Studies presented a platform where scholarship for women was produced and taken seriously, female students and faculty could find their say or voice, and theoretical investigations required for the advancement of the aims of the women's movement could take place. If the academy as a whole does not sufficiently integrate Women's Studies into the curriculum, integrating Men's Studies into Women's Studies might end up further marginalizing Women's Studies by …

Democratization In Iraq, Kate Lotz, Tim Melvin

Human Rights & Human Welfare

With the war in Iraq over, Coalition forces are still present as the cultivation of Iraqi democracy is underway. Coalition-led democratization in Iraq will prove to be a lengthy and complex objective, but one which will be pursued until successfully accomplished.

Afghanistan, Greg Sanders

Human Rights & Human Welfare

After September 11, Afghanistan became the first battleground of the War on Terror when the Taliban government refused to turn over Osama Bin Laden and other Al Qaeda members. Human rights concerns about these events fall in two areas. First, did the United States violate human rights when it launched Operation Enduring Freedom to overthrow the Taliban and during the subsequent occupation? Second, have the occupation forces and new regime of under the leadership of Hamid Karzai done enough to improve the previously miserable human rights situation in Afghanistan?

Chechnya, Kelley Laird

Human Rights & Human Welfare

The root of animosity between Russians and Chechens extends for more than a century, beginning when Chechens opposed Russia’s conquest of the Caucasus between 1818 and 1917. Tension reached an apex in the 1940s when Stalin deported thousands of Chechens to Siberia and East Asia in fear that they would collaborate with German Nazis.

Colombia, Travis Ning

Human Rights & Human Welfare

The events of September 11 continued of the pattern of redefinition in the conflict in Colombia. The complex war of today actually began decades ago as a small political struggle, which has gradually developed into a large-scale civil war. The continuation and growth of civil strife in Colombia witnessed the emergence of several organized anti-government guerrilla movements. Some of these groups have since been defeated or have integrated themselves into the recognized political system. Others have continued to violently challenge Colombian government authority. Currently, the two most significant anti-government insurgency groups are the Fuerzas Armadas Revolucionarias de Colombia (FARC) and …

Europe, Victoria Lowdon, Angela Woolliams, Robin Davey

Human Rights & Human Welfare

Both individually and collectively, European countries have vast experience with international and domestic terrorism. Because the point of terrorist attacks is primarily within a particular country (United Kingdom, Turkey and Spain), terrorism has come to be viewed by these states as a domestic problem. At the same time European countries have recognized the value of inter-governmental cooperation, which has been codified in various bilateral and multilateral agreements and conventions dating back to the 1950’s.

The Usa Patriot Act, Toni Panetta

Human Rights & Human Welfare

The events of September 11, 2001 serve as the origin of the United States’ War on Terror as popularized by the Bush administration. Previously, American strategies to combat terrorism focused on attacks against its interests abroad, and support for other governments’ efforts to curb terrorist acts within their own boundaries. However, September 11 revealed vulnerability to violence by non-state actors within U.S. borders. In response, the United States reshaped its anti-terrorist strategies to prevent future attacks by targeting terrorists, foreign and domestic, known and potential.

U. S. Foreign Policy, Charles Hess

Human Rights & Human Welfare

The historical connection between U.S. foreign policy and human rights has been strong on occasion. The War on Terror has not diminished but rather intensified that relationship if public statements from President Bush and his administration are to be believed. Some argue that just as in the Cold War, the American way of life as a free and liberal people is at stake. They argue that the enemy now is not communism but the disgruntled few who would seek to impose fundamentalist values on societies the world over and destroy those who do not conform. Proposed approaches to neutralizing the …

Uzbekistan, Chris Maggard

Human Rights & Human Welfare

The Central Asian republics have largely remained hidden from the world attention since they gained independence a decade ago. However, immediately following September 11th the region was brought into focus as a part of the US-led “War on Terror”. Uzbekistan became a full partner in this initiative when the government decided to allow the U.S. military full use of its territory in the invasion against Afghanistan . As Uzbek President Karimov has become willing to work with the West than neighboring countries, the debate in recent years has been how and to what extent, rather than whether or not the …

Objectivity And The Embedded Reporter: An Examination Of A Reporter's Ability To Remain Objective While Embedded With Military Troops, Tamara Zaleski Turse

Seton Hall University Dissertations and Theses (ETDs)

This thesis examines the program of embedding journalists into military units during the Second Gulf War to determine if journalists can provide an objective view of the war to the public back home. To fully understand the scope of embedding, this work first reviews the relationship between the media and the military by tracing the evolution of the American war correspondent starting with the U.S. Civil War through to the Second Gulf War. As public opinion is often formed, at least in part, by news reports, whether print or broadcast, this thesis surveyed the public to see if they felt …

2005 January, Office Of Communications & Marketing, Morehead State University.

Morehead State Press Release Archive, 1961 to the Present

Morehead State University press releases for January of 2005.

The Recognition And Application Of Security Risk Management In Corporate Governance, Chris J. Cubbage

Theses : Honours

Security as a profession and discipline has emerged principally in the later half of the twentieth century and has developed to become a more defined, usual, respectable and visual part of management. This study aimed to determine the degree of recognition and application of security risk management to corporate governance practices in Australia. Formal research design used descriptive research methodology, consisting of a literature review, primary document analysis and a questionnaire survey to collect data. This research was contrasted to a Corporate Governance Security Model formulated to determine if the model is applicable to the recognition, or application, of a …

Terrorist Speech And The Future Of Free Expression, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

The crucial point is this: Both liberal, democratic states, and non-state terrorist organizations need free speech. Prominent scholars have written elegantly and at length on the role of this liberty for the former. While their arguments surface at times in the text, the author does not dwell on them. Instead, she wrestles with the question: Under what circumstances are the interests of the state secured and the opportunism of terrorist organizations avoided? Here, the experiences of the United States and United Kingdom prove instructive. On both sides of the Atlantic, where the state acts as sovereign, efforts to restrict persuasive …

Loss, Heidi Li Feldman

Georgetown Law Faculty Publications and Other Works

Within Republican political circles, numerous state legislatures, and even the U.S. Congress, advocating caps on "noneconomic" damages in tort suits is in vogue, as part of the ongoing politics of "tort reform." Yet, the distinction between "economic" and "noneconomic" damages is nonsensical. It does not originate in the discipline of economics, but seems instead to be purely a rhetorical invention of those who wish to limit damages by any means politically possible. But law reform based on sheer rhetoric should be shunned; unprincipled rhetoric is no substitute for justificatory reasons, and to make laws without reasons exemplifies arbitrariness and injustice. …

Obesity And The Struggle Within Ourselves, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

The author argues that we ought to treat our eating, exercise habits, and girth as personal matters, for the most part, but that law can and should make a contribution, as an ally of our longer-term will against our immediate cravings. Law can be our ally in this fashion without command-and-control intrusion into our private lives. Such intrusion is at odds with our core beliefs and unlikely to produce public health success. It is more likely to provoke popular backlash--one reason why some who stand to gain from our unhealthy dining choices try to cast government efforts to inform these …