Digital Commons Network^™

Deregulating Relevancy In Internet Trademark Law, Eric Goldman

Faculty Publications

Emerging trademark law doctrines have allowed trademark owners to excise socially beneficial content and to take unprecedented control over their channels of distribution. Without limits, trademark law has the capacity to counterproductively destroy the Internet's utility for everyone.

Part I of the Article provides a brief overview of the Internet search process. Parts II-IV consider Internet search from three perspectives. Part II considers Internet search from the searcher's perspective, concluding that one cannot infer searchers' objectives from the keywords they choose. Part II considers Internet search from the web publisher's perspective. Part IV considers Internet search from the search provider's …

A Tribute To Professor Herman M. Levy, Margaret M. Russell

Faculty Publications

On April 5, 2004, the Santa Clara University School of Law lost a beloved and exceptional professor, mentor, colleague, and friend. Professor Herman M. Levy passed away in Oroville, California, the day before his seventy-fifth birthday. Herman had taken a quick trip to Oroville to conduct a labor arbitration; he had served for many years as an arbitrator throughout California and other western states. Every year, I invited him to visit my first-year civil procedure class to talk about arbitration as a form of dispute resolution; he always delighted the class with his combination of wry humor and practical wisdom. …

Finding The Contract In Contracts For Law, Forum And Arbitration, William J. Woodward Jr.

Faculty Publications

No abstract provided.

The Myth Of Separation: America's Historical Experience With Church And State, Patrick Garry

Faculty Publications

The 2004 presidential campaign once again thrust religion into the political debate. John Kerry criticized President Bush for using his faith to seek support from religious leaders and organizations. The Catholic Church criticized John Kerry's position on abortion, and Kerry supporters in turn attacked the Church for overstepping its bounds. Democrats opposed President Bush for his faith-based initiative, claiming that it violated separation of church and state, and Republicans argued that Democrats were trying to banish religion from the public square. Underlying these debates, however, was the nation's historical and constitutional experience with church-state relations.

Anonymous Sources, Libel Law And The First Amendment, Patrick Garry

Faculty Publications

No abstract provided.

Confronting The Changed Circumstances Of Free Speech In A Media Society, Patrick Garry

Faculty Publications

No abstract provided.

Interim Measures In International Human Rights: Evolution And Harmonization, Jo Pasqualucci

Faculty Publications

No abstract provided.

Crisis, Farming And Community, Christine Hagar, C Haythornthwaite

Faculty Publications

In 2001, the UK was hit by Foot and Mouth Disease (FMD) precipitating one of the biggest crises ever to affect the UK farming system. The crisis unfolded as a series of information and communication problems, from government to farmers and from farmers to farmers, with consequences for action in a time of crisis, social support, and the maintenance of community. What happens to a farming community during such a crisis? When the countryside shuts down, and no one can enter or leave the farm, how can information be disseminated? As methods of dealing with the disease change rapidly, as …

Power Enhancement Of An Actively Controlled Battery/Ultracapacitor Hybrid, Lijun Gao, Roger A. Dougal, Shengyi Liu

Faculty Publications

An actively controlled battery/ultracapacitor hybrid has broad applications in pulse-operated power systems. A converter is used to actively control the power flow from a battery, to couple the battery to an ultracapacitor for power enhancement, and to deliver the power to a load efficiently. The experimental and simulation results show that the hybrid can achieve much greater specific power while reducing battery current and its internal loss. A specific example of the hybrid built from two size 18650 lithium-ion cells and two 100-F ultracapacitors achieved a peak power of 132 W which is a three-times improvement in peak power compared …

The Interaction Of The Bilingual’S Two Phonetic Systems: Differences In Early And Late Korean-English Bilinguals, Wendy Baker

Faculty Publications

One of the basic questions of bilingual research is to what extent the bilingual’s two phonetic systems influence each other, a question that has occupied a prominent place in bilingual research almost from the outset of the field (see, for example, Weinreich, 1953). Recent studies in bilingual first language acquisition (BFLA) demonstrate that, at least in simultaneous bilingual acquisition, infants exposed to two languages are developing what appear to be two phonetic/phonological systems from the beginning (Johnson and Wilson, 2002; Kehoe, 2002; Bosch and Sebastian-Galles, 2001, Vihman, 2002), although their two systems may differ from monolinguals of either language (Mack, …

Word-Formation As Creativity Within Productivity Constraints: Sociolinguistic Evidence, Don William Chapman, Pavol Stekauer, Slávka Tomaščíková, Štefan Franko

Faculty Publications

Productivity has been one of the central topics in the field of word-formation in recent decades. Heretofore, productivity has been mainly, if not solely, discussed in formal terms, such as which affixes can be used with which stems, the productivity of rival affixes, etc. Such a formal approach leaves out the speakers’ needs for creating new words. Accounting for speakers’ word-formation needs requires a re-evaluation of the notion of creativity. In our approach to word-formation, this notion emphasizes the active role of language users, reflecting the fact that, in each act of naming, there is more or less significant space …

Observations Of Flame Behavior In A Laboratory-Scale Premixed Natural Gas/Air Gas Turbine Combustor From Planar Laser Induced Fluorescence Measurements Of Oh, Laser Doppler Anemometer Velocity Measurements, And Coherent Anti-Stokes Roman Spectrometer Temperature Measurements, Thomas H. Fletcher

Faculty Publications

Instantaneous planar laser induced fluorescence (PLIF) images of OH, simultaneous axial/radial and axial/tangential velocity measurements with an LDA (laser Doppler anemometer), and instantaneous gas temperature measurements using a coherent anti- Stokes Raman spectrometer (CARS) were obtained in a pre-mixed, swirl-stabilized laboratory-scale combustor, fired with natural gas. Four operating conditions were examined (two swirl conditions and equivalence ratios of 0.80 and 0.65). The instantaneous PLIF images of OH illustrate the chaotic nature of the turbulent flame eddies. Mean and standard deviations of each variable were measured at different locations in the flame, along with probability density functions. Stability of the flame …

Recognition Of Affective Prosody By Speakers Of English As A First Or Foreign Language, Christopher Dromey, Jose Silveira, Paul Sandor

Faculty Publications

Adults who were fluent in English, and who grew up speaking English or one of 21 other languages listened to words spoken with angry or neutral intonation. We measured the accuracy with which the listeners identified the intended emotion. English mother tongue (EMT) polyglots scored higher than other mother tongue (OMT) listeners, whereas EMT monoglots did not. Women were significantly more accurate than men across the three listener groups. There was a modest inverse correlation between accuracy and age. The learning of a second language may have helped the EMT polyglots develop additional perceptual skills in decoding speech emotion in …

Sex-Related Acoustic Changes In Voiceless English Fricatives, Shawn L. Nissen, Robert Allen Fox

Faculty Publications

This investigation is a comprehensive acoustic study of 4 voiceless fricatives (/f q s Ý/)in English produced by adults and pre- and postpubescent children aged 6–14 years. Vowel duration, amplitude, and several different spectral measures (including spectral tilt and spectral moments) were examined. Of specific interest was the pattern of normal development of the acoustic properties of fricatives and the nature of sex-specific patterns of fricative articulation in prepubescent children. Little evidence of amplitude or duration differences was found between speakers that was related to sex of the speaker. However, significant sex-specific differences in fricative articulation were found in all …

Psychometrically Equivalent Mandarin Bisyllabic Speech Discrimination Materials Spoken By Male And Female Talkers, Shawn L. Nissen, Richard W. Harris, Lara-Jill Jennings, Dennis L. Eggett, Holly Buck

Faculty Publications

The purpose of this study was to develop, digitally record, evaluate, and psychometrically equate a set of Mandarin bisyllabic word lists for use in measurement of speech discrimination. Familiar bisyllabic words were digitally recorded by male and female talkers of Standard Mandarin. Percentage of correct word recognition was measured for each word at ten intensity levels ( /5 to 40dB HL) in 5 dB increments using 20 normally hearing subjects. Using logistic regression, 200 words with the steepest logistic regression slopes were included in four psychometrically equivalent word lists of 50 words each, and eight half-lists of 25 words each. …

Perceptions Of The Teacher–Leader In Modern Society: Insights From The Master Teacher’S Pedagogy, Stanley E. Fawcett, James C. Brau, Amydee M. Fawcett

Faculty Publications

Meeting the challenges of a modern era, including corporate scandal, government gridlock, and societal turmoil, requires a high level of effective leadership. In such an environment, the teacher–leader plays a critical role in cultivating the knowledge worker and learning organization. After all, the teacher–leader leverages the human resource by challenging and inspiring people to bring forth their best efforts and ideas in the quest to identify and implement creative solutions to society’s dilemmas. To understand the opportunities and challenges encountered in the teacher–leader paradigm, the pedagogy of a prototypical teacher was modeled and evaluated. As the ideal model of the …

A Unified Design Framework For Learning Objects And Educational Discourse, David Wiley, Sandie Waters

Faculty Publications

Instructional design is largely a matter of scope and sequence, and designing instruction with learning objections is no exception. Traditionally, learning objects are considered atomic units of educational content, and designing instruction with learning objects means scoping instructional messages and determining sequences for delivering the messages. We argue that instructional methods that rely heavily on social interaction can be implemented with learning objects when these are understood to be reusable scaffolds for scoping and sequencing what learners say to each other during instructional interactions.

Five Powerful Practices For Using Technology To Enhance Teaching And Learning In Higher Education, Charles R. Graham, Richard E. West

Faculty Publications

This presentation reports the findings from our investigation of the professors designated as the most innovative users of technology at our university. After seeking nominations from department heads, we selected thirty-five of the most successful and innovative professors as case studies. After interviewing these cases, and in some instances observing their classes, we identified five major patterns that represented the positive impacts technology was having on their instruction. These patterns were evident in several cases across many different disciplines, indicating they might be generalizable to many different situations and contexts. In our interviews, we identified what technologies these professors were …

Efficient Capacity-Based Antenna Selection For Mimo Systems, Michael A. Jensen, Matthew L. Morris

Faculty Publications

The achieved capacity of the multiple-input-multiple-output wireless channel is typically dependent on the array configurations at the transmitter and receiver. Maximizing system capacity or throughput therefore requires that the arrays adapt to changing channel conditions, which may be accomplished by selecting an appropriate subset of available antenna elements for connection to the electronic transmit and receive modules. This work presents algorithms, derived using relatively straightforward information theoretic considerations, for efficiently and effectively selecting the antenna elements. Computational examples using a realistic channel model for indoor environments illustrate the performance of the techniques.

Network Model For Mimo Systems With Coupled Antennas And Noisy Amplifiers, Michael A. Jensen, Matthew L. Morris

Faculty Publications

This work presents a framework for the analysis of mutually-coupled antennas in a multiple-input multiple-output system. The approach uses network theory to formulate the transfer matrix relating the signals input to the transmit antennas to the signals at the output of the receiver front end. This transfer function includes the coupled transmit and receive antennas, the multipath propagation channel, the receiver matching network, and a realistic noise model for the receive amplifiers. Application of the formulation to coupled dipole antennas characterized using full-wave electromagnetic analysis illustrates the performance gains possible from matching the coupled antenna/receive amplifier subsystem for minimum noise …

Job Demands And Job Search Among High-Level Managers In The United States And Europe, John B. Bingham, Wendy R. Boswell, John W. Boudreau

Faculty Publications

High-level managers are often faced with challenging demands at work, and much of the managerial development literature has researched the responses to these challenges. The authors propose an extension to this research by investigating the influence of challenge-related and obstacle- related job demands on job search among a sample of U.S. managers and a sample of international managers. Specifically, the authors propose divergent relationships among job search and the type of job demands managers experience, and we also explore the mediating effect of job satisfaction. The authors’ study provides further insight into the complexities of managerial responsibilities and their behavioral …

Creating Breadth In Business Education Through Service-Learning, Paul C. Godfrey, Louise M. Illes, Gregory R. Berry

Faculty Publications

We argue service-learning pedagogy and the associated educational experiences provide a partial solution to the significant problem of narrowness in business education. Servicelearning pedagogy seeks to balance academic rigor with practical relevance, set in a context of civic engagement, which furnishes students with a broader and, we argue, richer, educational experience. We present four specific critiques of business education: (1) the business curriculum focuses on functional and discrete rather than cross-functional and holistic knowledge; (2) coursework emphasizes practical problem-solving “tool kits” rather than deep theoretical knowledge; (3) the underlying paradigm of business education views humanity and human interactions in purely …

Measuring Organizational Safety And Effectiveness At Nasa, Daniel S. Wong, Vinit M. Desai, Peter Madsen, Karlene H. Roberts, Anthony Ciavarelli

Faculty Publications

Many project managers may be fully aware of the safety risks within their organizations. What they may not know, however, is that many of these risks are caused by the underlying safety culture of the organization rather than human individual differences in the organization. This article argues that managers can mitigate safety risks by obtaining a better understanding of their organizations’ culture. The researchers created a management metric that enables engineering/project managers to identify positive and negative aspects of safety that are tied to their organizations’ cultures. The article presents a process that managers can use to increase safety and …

Deception Detection Through Automatic, Unobtrusive Analysis Of Nonverbal Behavior, Thomas O. Meservy, Matthew L. Jensen, John Kruse, Judee K. Burgoon, Jay F. Nunamaker Jr., Douglas P. Twitchell, Gabriel Tsechpenakis, Dimitris N. Metaxas

Faculty Publications

Every day, hundreds of thousands of people pass through airport security checkpoints, border crossing stations, or other security screening measures. Security professionals must sift through countless interactions and ferret out high-risk individuals who represent a danger to other citizens. During each interaction, the security professional must decide whether the individual is being forthright or deceptive. This task is difficult because of the limits of human vigilance and perception and the small percentage of individuals who actually harbor hostile intent. Our research initiative is based on a behavioral approach to deception detection. We attempted to build an automated system that can …

Life On A Tricycle A Case Study Of Language Impairment From 4 To 19, Lee Robinson, Bonnie Brinton, Martin Fujiki

Faculty Publications

This article presents a longitudinal case study of a child named Cody identified with specific language impairment. Cody was followed from 4 to 19 years of age, at which time he compared his social skills with those of peers: “It’s like they’re driving sports car and I’m on a tricycle.” His initial long- and short-term intervention goals are presented, along with the treatment methods employed and the resulting outcomes. Although long-term goals remained consistent, as the nature of Cody’s academic, social, and emotional challenges shifted, it was necessary to gear treatment to address his changing needs. Cody’s case illustrates the …

Shared Experience Building Around The Family Crucible Of Cancer, W. David Robinson, Jason S. Carroll, Wendy L. Watson

Faculty Publications

This study was designed to gain a greater understanding of the effects cancer has on families while simultaneously developing family therapy interventions that are helpful for families experiencing the crucible of cancer. On the basis of an action research paradigm, the authors designed an intensive case-analysis protocol involving reflective interviewing to learn about the personal perspectives of family members who participate in therapeutic treatment for cancer. An integration of reflective insight by the families, their therapist, and the research team ultimately revealed that cancer families face an ongoing struggle (a) between feelings of isolation and connectedness, (b) to make meaning …

Habitat Patch Occupancy Dynamics Of Glaucous-Winged Gulls (Larus Glaucescens) I: A Discrete-Time Model, Karl W. Phillips, Smruti P. Damania, James L. Hayward, Shandelle M. Henson, Clara J. Logan

Faculty Publications

Diurnal habitat occupancy dynamics of Glaucous-winged Gulls were evaluated in a system of six habitats on and around Protection Island, Washington. Data were collected on the rates of gull movement between habitat patches, and from these data the probabilities of transitions between habitats were estimated as functions of tide height and time of day. A discrete-time matrix model based on the transition probabilities was used to generate habitat occupancy predictions, which were then compared to hourly census data. All model parameters were estimated directly from data rather than through model fitting. The model made reasonable predictions for two of the …

Servant-Leadership In A Changing Culture: Reflections On The Brazilian Context, Robson Moura Marinho

Faculty Publications

As in any other society, the principles of servant-leadership have an incontestable appeal to Brazilian corporate environment, but the term servant may not sound terribly attractive to people from the Brazilian culture. In fact, this is one of the struggles we face when spreading the servant-leadership philosophy among business corporations and Brazilian society at large. Recently, in a class on Leadership Teamwork for Masters students at University of Santo Amaro, in Sao Paulo, I strategically decided to explore the servant-leadership concept as the foundation of the course, so I outlined the topic on the course syllabus. As I introduced the …

Post Reformation Ecclesiology And Missiology--From The Radicals To Wesley: Moving Out Of The Shadow Of Luther And Calvin, Woodrow W. Whidden

Faculty Publications

Whidden’s essay compares the key theological/ecclesiological factors of the Magisterial Reformation tradition with the Radical and Wesleyan ethos and their respective visions of discipleship, theology, ethics, and mission. He then argues that movements which are Arminian in their soteriology; functional, not institutional, in their ecclesiology; and emphasize discipleship (including strict discipline), sanctification, and Gospel ethics are more likely to have a missional bent.

In Front Of Kataragama Under The Sacred Bo Tree: What Jesus Teaches Us About Mission, Rudolf Maier

Faculty Publications

This is a mission story that paints a picture of holistic missions. It illustrates what the results of establishing relationships between individuals and communities can lead to. It relates the story of the encounter of Jesus with the Samaritan woman and connects it to the authors own mission experience in Sri Lanka.