Digital Commons Network^™

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.

Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, Katherine D. Dixon, Marion Handley Martin

Mercer Law Review

For the second year in a row, the survey period passed without dramatic legislative changes to Georgia's Workers' Compensation Act ("the Act").' Georgia's appellate courts, however, were active once again in examining the exclusive remedy doctrine and interpreting the Act's subrogation provisions.

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.

Reconnaissance Survey Of Lewis And Clark On The Missouri National Recreational River, Nebraska And South Dakota, Anne P. Diffendal, Gary E. Moulton, Michael Shambaugh-Miller, Robert F. Diffendal Jr.

School of Natural Resources: Faculty Publications

Part I
Lewis and Clark on the Middle Missouri by Gary E. Moulton
Appendix: Principal Sites and Events
Select Bibliography

Part II
Locating Lewis and Clark Sites
Site #1 Floyd's Bluff
Site #2 Gass's Election
Site #3 Ionia Volcano
Site #4 1804 Mouth of the Vermillion River
Site #5 Spirit Mound
Site #6 Shannon's Absence
Site #7 Calumet Bluff
Site #8 "Ancient Fortifications"
Site #9 Mouth of the Niobrara River
Site # 10 Old Baldy

The Effect Of Divalent Cations On The Prophenoloxidase Enzyme Cascade Activity In The Freshwater Crayfish Cambarus Latimanus, Hans Skailand Eikaas

Theses and Dissertations

The effect of divalent cations such as cadmium, calcium, copper, lead and magnesium upon the prophenoloxidase system (proPO) was studied in hemocytes of the crayfish Cambarus latimanus. It was demonstrated that cadmium, calcium, copper and lead increased proPO activity significantly, whereas magnesium had no statistically significant effect on the system. Also, the molecular weight of the proPO enzyme was estimated using SDS-PAGE and found to be approximately 76 kDa.

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 …

Multimode Solution For The Reflection Properties Of An Open-Ended Rectangular Waveguide Radiating Into A Dielectric Half-Space: The Forward And Inverse Problems, R. Zoughi, Aaron D. Benally, Karl Joseph Bois

Electrical and Computer Engineering Faculty Research & Creative Works

Open-ended rectangular waveguides are extensively used in nondestructive dielectric material evaluation. The dielectric properties of an infinite-half space of a material are calculated from the measured reflection properties referenced to the waveguide aperture. This calculation relies on a theoretical and numerical derivation of the reflection coefficient likewise referenced to the waveguide aperture. Most of these derivations assume the dominant mode field distribution across the waveguide aperture. However, when dealing with low permittivity and low loss dielectric materials, there may exist significant errors when calculating the dielectric properties from the measured reflection coefficient. These errors have also shown to be more …

Ornithological Literature, Wilson Bulletin

Wilson Bulletin

No abstract provided.

Florida Region, Richard T. Paul, Ann F. Schnapf

North American Birds

No abstract provided.

Middlewestern Prairie Region, Kenneth J. Brock

North American Birds

No abstract provided.

Alaska Region, Thede Tobish

North American Birds

No abstract provided.

New England Region, Wayne E. Petersen

North American Birds

No abstract provided.

Taking R&E To The Next Level, Thomas W. Blaine, Stephen Hudkins, Charles R. Taylor

Journal of Extension

During the late 1980s, the business retention and expansion (R&E) program emerged as one of the most successful programs in Ohio State University Extension's Community Development area. As the economic recovery of the early 1990s turned into an economic expansion, business and civic leaders began to shift focus from general R&E efforts to issues related to labor force preparedness. A survey of businesses in Portage County undertaken four years after completion of an R&E program reveals that, while employers believe that local resources are available to help improve basic math and communication skills of employees, those skill levels are still …

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 …

Georgia's Public Duty Doctrine: The Supreme Court Held Hostage, R. Perry Sentell Jr.

Mercer Law Review

A study published in 1994 sought to determine the single most litigated topic in Georgia local government law over the past thirty years. What legal issue of local government administration had most often confronted Georgia's appellate courts over that recent but considerable span of time? The revealed answer to that inquiry commanded serious consideration-not because of its unexpectedness but rather its unequivocal conclusiveness:

Local government liability for the alleged misconduct of officers and employees dwarfs all other subtopics. For the past thirty years, liability has extracted more time and attention from Georgia's appellate courts than any other subject of local …

Torts, Deron R. Hicks, Mitchell M. Mckinney

Mercer Law Review

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

Internally Constrained Mixtures Of Elastic Continua, Stephen M. Klisch

Mechanical Engineering

A treatment of internally constrained mixtures of elastic continua at a common temperature is developed. Internal constraints involving the deformation gradient tensors and the common mixture temperature are represented by a constraint manifold, and an internally constrained mixture of elastic continua is associated with each unique equivalence class of unconstrained mixtures. The example of intrinsic incompressibility of each constituent first proposed by Mills is discussed.

The Increase In Intergenerational African American Families Headed By Grandmothers, Dorothy S. Ruiz, Iris Carlton-Laney

The Journal of Sociology & Social Welfare

This article analyzes census data on grandparent heads of household. Information on African American grandparents, grandmothers in particular, is the focus of this analysis. The data include a profile of African American grandparent householders, reasons for the increase in households headed by grandparents, challenges and problems, living arrangements/household characteristics, and implications for practice. African American children are more likely to live in the home of their grandparents than are White or Hispanic children. In 1993, 12 percent of African American children lived in the home of their grandparent in comparison to 4 percent for Whites and 6 percent for Hispanics. …

Class Ethos And The Politics Of Inquiry: What The Barroom Can Teach Us About The Classroom, Julie Lindquist

Faculty Publications

No abstract provided.

Student Development Outcomes In Service Learning For Teacher Education, Hilda A. Sramek

Thesis, Dissertations, Student Creative Activity, and Scholarship

Students in the Liberal Studies Track I program for teacher preparation at California State University, Long Beach, are required to participate in service learning. The SERVE (Service Experiences to ReVitaIize Education) Program provides training for the students. The purpose of this study was to develop a mechanism for infusing Chickering's psychosocial development model into the training. Two questions were asked: (a) given instruction in the model and support, are students able to apply the model to further their personal and professional development? and (b) what is the best way to implement the model in service learning training? Qualitative methodology was …

Cinematic Interpretations Of Katharina In William Shakespeare's The Taming Of The Shrew, Nicole K. Kirkham

Honors Theses

No abstract provided.

Methods And Techniques For Production Of Genetically Modified Maize At Monsanto Global Seed, Michelle Renee Mcgehee

Honors Theses

The development of transgenic plants for agricultural purposes consumes much time and energy but is well worth the battle. From the laboratory perspective, hours are spent trying to force plant cells to uptake new DNA. Several methods are available for this practice, including Ti-plasmid mediated transformation, microprojectile bombardment, and electroporation. Each method depends primarily on the organism one wishes to transform. Once the gene of interest has been inserted, the seed from these transgenic plants goes to pilot stations to be grown in nurseries and yield production fields and tested for resistance against many elements. The final product is put …

Public Debt And Economic Policy During The Economic Crisis, Sethaput Suthiwart-Narueput, Varan Pradittatsanee

Documents

No abstract provided.

Report, Greater Tampa Regional International Trade, December 1999, Brian S. Jacobik, Usf Center For Economic Development Research

Center for Economic Development Research (CEDR) Collection

Commissioned by the Greater Tampa Chamber of Commerce Committee of 100 and conducted by the Center for Economic Development Research at USF, this report develops a marketing plan for locally produced exports. It identifies key industries, evaluates export activities, and provides strategic recommendations to enhance Tampa Bay's long-term export potential, emphasizing the region's strengths and areas for growth.

A Comparison Of The Effects Of Temporal Requirement And Response Form On Retention, Equivalence, And Endurance, Amy Lorraine Mccarty

Dissertations

Many researchers and practitioners have reported dramatic learning gains that they attribute to the fluency procedure, often citing rate of response as a critical feature. Others have been unsuccessful at demonstrating these claims empirically. A variety of differences between methods and procedures that may account for the different outcomes are discussed in this paper. In particular is the difference in outcomes when topography-based as opposed to selection-based responses were targeted for training. Fluency practitioners, and the researchers who have obtained similar positive outcomes, have for the most part used topography-based forms of response during the drill and practice sessions, or …

A Case Study Of Process Servers In Clark County, Nevada In The District Attorney Criminal Division, Amy M. Meedel

UNLV Theses, Dissertations, Professional Papers, and Capstones

In 1996 the job classification of Process Server was created in the Clark County District Attorney Criminal Division in Las Vegas, Nevada. It was implemented by DA Stewart L. Bell as a cost-saving measure meant as a reclassification of the position of Investigator. Since the initial job posting, the duties appropriate to the position of Process Server have been and remain in question. No written, measurable job performance standards have been established and no consistent training or supervision provided. A review of the literature suggests wide variance in what may be considered appropriate job duties for this classification, though the …

A Comparative Analysis Of Southern Nevada Municipalities, And Their Active Participation To Implement Historical Preservation, Rhonda M. Reeves

UNLV Theses, Dissertations, Professional Papers, and Capstones

A comparative analysis of southern Nevada municipalities, and their active participation to implement historical preservation is the foundation of research for this paper. The city of Las Vegas and surrounding municipalities have varying preservation programs in place. The distinctions between the municipalities historic preservation programs foster little protection for the historic site itself in most cases. Historic preservationists are actively bringing to the attention of government the importance of preservation, and are seeking more and more action on the part of the government to implement historic preservation mandates and protection.

The federal government funding for historical preservation within states is …