Digital Commons Network^™

Federal Court Jurisdiction Over Private Tcpa Claims: Why The Federal Courts Of Appeals Got It Right, Kevin N. Tharp

Federal Communications Law Journal

The Telephone Consumer Protection Act of 1991 protects the privacy interests of residential telephone subscribers by placing restrictions on unsolicited, automated telephone calls to the home and facilitates interstate commerce by restricting certain uses of facsimile machines and automatic dialers. Since the statute is silent regarding federal district court jurisdiction over private TCPA claims, federal courts scramble in search for existing law to support their conclusions that the TCPA divests federal district courts of jurisdiction over private TCPA claims. In addition to the reasoning offered by the circuit courts, this Notes discusses the jurisdiction issue and adds an important reason …

Shrinkwrap And Clickwrap Agreements: 2b Or Not 2b?, Garry L. Founds

Federal Communications Law Journal

Several problems plague typical mass-market software licensing agreement, specifically that the public is powerless to negotiate and the terms often are perceived as exceedingly broad and restrictive. The Uniform Computer Information Transactions Act is designed to remedy those problems and establish the general enforceability of such agreements, with certain qualifications related to unconscionability, assent, and other caveats. UCITA, however, does not resolve, or even purport to resolve, the tension between federal copyright law and state contract law. This Note analyzes UCITA's attempt to resolve the enforceability issue; argues for an approach to preemption that promotes clarity and preserves the objectives …

Administrative Law, Mark H. Cohen, David C. Will

Mercer Law Review

This Article covers important developments in Georgia administrative law for the two-year period from June 1, 1997 through May 31, 1999. Because administrative law has been omitted from major consideration in the Annual Survey of Georgia Law since 1987, this Article is an attempt to cover an additional period of review, which, the authors hope, will be continued in future surveys. This Article includes cases as well as a discussion of two significant legislative enactments during the survey period.

Trial Practice And Procedure, C. Frederick Overby, Jason Crawford, Teresa T. Abell, Matthew E. Cook

Mercer Law Review

This survey period yielded several notable decisions covering the professional malpractice affidavit/pleading requirement, renewal actions, attorney-client relations, and the summary judgment standard. Refinements in the areas of insurance practice, jury qualifications, releases, default judgment, and privileges lend important guidance to practitioners, judges, and scholars in the area of trial practice and procedure. The most significant legislative development of trial practice and procedure addressed the longstanding "vanishing venue" doctrine.

Final Report On The Greater Tampa Regional International Trade : An Analysis Performed By Brian S. Jacobik, In Cooperation With The Center For Economic Development Research, College Of Business Administration, University Of South Florida, And The Center For International Business, College Of Business Administration, University Of South Florida ; For The Greater Tampa Chamber Of Commerce Committee Of One Hundred, Brian S. Jacobik, University Of South Florida. Center For Economic Development Research, University Of South Florida. Center For International Business, Greater Tampa Chamber Of Commerce. Committee Of 100

College of Business Publications

No abstract provided.

Crow's Nest, December 1, 1999, Crow's Nest Staff

Crow's Nest

The December 1, 1999, issue of the Crow's Nest.

Rhetorical Listening: A Trope For Interpretive Invention And A "Code Of Cross-Cultural Conduct", Krista Ratcliffe

English Faculty Research and Publications

No abstract provided.

Deaf Catholic Newsletter, Winter-Advent 1999

Deaf Catholic Newsletter

A newsletter published for Deaf Catholics in Philapelphia, PA

Deaf Catholic Newsletter Finding Aid

Saint Joseph's News Center For The Deaf And Hearing Impaired, Winter 1999

Saint Joseph's News Center for the Deaf and Hearing Impaired

A newsletter published for Deaf Catholics in Oakland, CA

Saint Joseph's News Center for the Deaf and Hearing Impaired Finding Aid

On-Line Bayesian Tree-Structured Transformation Of Hidden Markov Models For Speaker Adaptation, Shaojun Wang, Yunxin Zhao

Kno.e.sis Publications

This paper presents a new recursive Bayesian learning approach for transformation parameter estimation in speaker adaptation. Our goal is to incrementally transform (or adapt) the entire set of HMM parameters for a new speaker or new acoustic enviroment from a small amount of adaptation data. By establishing a clustering tree of HMM Gaussian mixture components, the finest affine transformation parameters for individual HMM Gaussian mixture components can be dynamically searched. The on-line Bayesian learning technique proposed in our recent work is used for recursive maximum a posteriori estimation of affine transformation parameters. Speaker adaptation experiments using a 26-letter English alphabet …

The Reaffirmation Of Proportionality Analysis Under Section 5 Of The Fourteenth Amendment, Marci A. Hamilton, David Schoenbrod

Cardozo Law Review

No abstract provided.

Omnibus Protections Of Religious Liberty And The Establishment Clause, Timothy L. Hall

Cardozo Law Review

No abstract provided.

Evaluation Of A Web-Based Research Course, Mary E. Bowen, Anthony J. Frisby

Academic Commons and Scott Memorial Library Staff Papers and Presentations

A web-based research course for graduate nursing students was developed, implemented, and evaluated for academic and satisfactions outcomes. A collaborative paradigm was utilized in designing the course to increase successful attainment of the graduate nursing program’s goal of a complete online graduate nursing MSN program. This web-based research course with 24 enrolled students was compared to an identical classroom based research course with 20 enrolled students. Areas of evaluation were academic outcomes of overall numerical course grades, satisfaction with course scores, and qualitative data on satisfaction of course. Results of this descriptive exploratory study demonstrated no statistically significant differences between …

Kelp Gull Visits St. Mary's County, Md (Part Ii), Jane Kostenko

Maryland Birdlife

No abstract provided.

Kelp Gull Visits St. Mary's County, Md (Part Ii), Jane Kostenko

Maryland Birdlife

No abstract provided.

Historical Roots Of Slovenian Christoslavic Mythology, Mitja Velikonja

Occasional Papers on Religion in Eastern Europe

No abstract provided.

African-American Garden Culture: A Study Of Tradition And Translation, Sally Akers Joachim

LSU Historical Dissertations and Theses

Many studies have been done on cultural gardening practices and their resulting forms: a Japanese meditation garden or the Italian use of water elements are two examples. This research revolved around the assumption that African-Americans have distinct ways of expressing their ethnic history, values, and traditions in their built environments. Studies have been conducted in rural areas with African-American subject gardeners; this study investigates the urban and suburban yards and gardens of African-Americans in San Antonio, Texas to leam how cultural heritage affects the design or arrangement of personal space in the city, and to identify physical elements that could …

Affective And Motivational Components Of The Flow State: Rock Climbing Revisited, Helen Hooper

Theses and Dissertations

The affective and experiential components of the flow state, as outlined by Csikszentmihalyi (1975), have served as a basis for research into optimal experience over the past twenty years, and although adjustments have been made by various researchers, the description of the characteristics remain essentially the same. This study used qualitative methods to further explore this area . With the initial aim of enhancing our understanding of the optimal experiences of rock climbing participants, the present study purposefully sampled fifteen informants representative of the range of characteristics found in the setting. Questioning techniques and analysis methods used in this study …

Local And Landscape Factors Affecting Nest Site Selection And Nest Success Of Burrowing Owls In Western Nebraska, Rebecca T. Ekstein

School of Natural Resources: Dissertations, Theses, and Student Research

No abstract provided.

Credit Or Debit? Unauthorized Use And Consumer Liability Under Federal Consumer Protection Legislation, Daniel M. Mroz

Northern Illinois University Law Review

Although debit cards may closely resemble credit cards in appearance, consumer liability for unauthorized use is not similar and the payment transaction initiated through use is very different. In response to the increasing use of debit card products, consumer protection issues concerning liability for unauthorized use have been raised, new legislation has been introduced to Congress and an extremely lucrative debit card market has prospered. Sections I through IV of this comment provide an overview of the federal Truth in Lending Act and of the federal Electronic Fund Transfer Act in relation to consumer liability issues concerning the use of …

Silos Or Spider Webs: Community In The 1990'S, Susan H. Holton

Bridgewater Review

No abstract provided.

Bridgewater Review, Vol. 18, No. 2, December 1999

Bridgewater Review

No abstract provided.

Torts, Deron R. Hicks, Mitchell M. Mckinney

Mercer Law Review

• Premises Liability
• Damages
• Products Liability
• Defamation
• Dog Bite

Table Of Cases

Mercer Law Review

No abstract provided.

Co-Parenting Influences: A Positive Report For The Millenium, Andrea Chrismer-Still

Theses

In this correlalional study of later adolescents who experience parental divorce, six co-parenting influences were assessed in an effort to identify predictors and factors that contribute to overall satisfaction with life. Subjects completed a survey comprised of demographic information which included an adaptation of a survey (Silitsky, 1996), a Satisfaction with Life Scale (SWLS) (Diener, E. Simmons, R. Larsen, R. & Griffin, S., 1985), and a Perceived Social Support Family Scale (Pss-Fa) (Procidano, M & Heller, K., 1983). The adapted scale and the PSS-Fa measured perceptions by the later adolescent of their family of origin and their levels of()) parental …

The Co-Occurrence Of Substance Abuse And Domestic Abuse And Domestic Violence Victimization In Incarcerated Females, Beverly J. Cornejo

Theses

The purpose of this study was to determine if there was a significant co-occurrence of domestic violence victimization among chemically dependent incarcerated females. Additional intents of this study were to examine the presence of domestic violence within the family of origin for this population. Further explorations of childhood trauma, such as physical abuse from parents or sexual abuse, were conducted. The study was conducted using 207 female inmates from a drug and alcohol treatment center located within a Mid-west penitentiary. Domestic violence was operationalized using selected subscale items from the Conflict Tactics Scale which measures type and frequency of violence …

A Study Of The Relationship Between The Ego Identity And Reported Relationship Satisfaction Of Lesbian Women In Long Term Relationships, Sheila D. Reed

Theses

This study examined the connection between ego identity and relationship satisfaction in lesbian couples. Thirty-two lesbian women in the Missouri and Illinois bi-state area responded to a demographic survey and two measurement scale questionnaires. The questionnaires used were the Relationship Assessment Scale (RAS) and the Ego Identity Scale (EIS). The results of this study did not indicate a relationship between ego identity and relationship satisfaction. The findings are discussed and suggestions are given for further research.

Firstborn Children And Their Perception Of The Family Environment In Intact And Divorced Families, Nelda Wetzel

Theses

Profound structural changes in American families over the past three decades have transformed "traditional" living arrangements for children and stimulated a great deal of interest regarding children and their well-being. How firstborn children perceive their family environment is the main focus of this study (Causal-Comparative). A relationship was investigated between the family structure of intact and divorced families and firstborn's perception of the family environment. Ninety-seven firstborn children, 52 from intact families and 45 from divorced families, between the ages of 8-12, evaluated their family environment by responding to the CV/FES. Using the t test (two sided) for independent samples, …

Flotsam And Jetsam - December 1999, South Carolina Institute Of Archaeology And Anthropology--University Of South Carolina

Sport Diver Newsletters

Contents:

Housatonic Investigation..... p.22
Prehistoric Dugout Canoe..... p.26
Historic Ship Supply..... p.26
State House Project..... p.26
H.L. Hunley Update..... p.27
Le Prince Update..... p.27
Pimlico Shipwreck..... p.28
Student Intern..... p.28

Development Of A Construction Safety Program, Christopher Haux

Theses and Dissertations

In the mid to late 1990's the United States has been experiencing a thriving economy which has spurred increased amounts of construction. During this time of prosperity, the quality of work and the safety of workers can often be forgotten. Each of these areas becomes important to those involved, and to the ability to continue a strong and prosperous economy. Safety to those who produce and those who buy is a sign of a strong economy and a strong community; because construction of communities is what we are really doing.