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2000

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Using Permission-Based E-Mail As A Medium For Customer Communications, Birgit Weischedel Jan 2000

Using Permission-Based E-Mail As A Medium For Customer Communications, Birgit Weischedel

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Toward An Understanding Of Genetic Information Within Society: Three Essays, Jason E. Burrows Jan 2000

Toward An Understanding Of Genetic Information Within Society: Three Essays, Jason E. Burrows

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Ideograph Freedom The Implicated Body And Coping With Technology: A Rhetorical Comparative Analysis Of Zen And The Art Of Motorcycle Maintenance And The Unabomber Manifesto, Blake E. Snyder Jan 2000

Ideograph Freedom The Implicated Body And Coping With Technology: A Rhetorical Comparative Analysis Of Zen And The Art Of Motorcycle Maintenance And The Unabomber Manifesto, Blake E. Snyder

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Community Communication: Exploring The "Rhythm" Of Togetherness, Jolane Flanigan Jan 2000

Community Communication: Exploring The "Rhythm" Of Togetherness, Jolane Flanigan

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Historical Demography Of The Chippewa-Cree Of The Rocky Boy's Reservation Montana 1917-1937, Annajeanette Presnell Jan 2000

Historical Demography Of The Chippewa-Cree Of The Rocky Boy's Reservation Montana 1917-1937, Annajeanette Presnell

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


The Relationship Between Individual Teachers' Conflict Styles And Perceptions Of School Culture, Gail D. Aaberge Jan 2000

The Relationship Between Individual Teachers' Conflict Styles And Perceptions Of School Culture, Gail D. Aaberge

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


The Impact Of Administrator And Teacher Leadership On The Development Of An Exemplary Arts Program And Its Role In School, Michelle Wiebe Zederayko Jan 2000

The Impact Of Administrator And Teacher Leadership On The Development Of An Exemplary Arts Program And Its Role In School, Michelle Wiebe Zederayko

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Montana's Power Trip: Electric Deregulation Consumers And The Environment, Patrick Judge Jan 2000

Montana's Power Trip: Electric Deregulation Consumers And The Environment, Patrick Judge

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Before It Even Began| [Stories], Jill Rosenberg Jan 2000

Before It Even Began| [Stories], Jill Rosenberg

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


The Wrong Tool For The Right Job: Are Commercial Websites Places Of Public Accommodation Under The Americans With Disabilities Act Of 1990?, Patrick Maroney Jan 2000

The Wrong Tool For The Right Job: Are Commercial Websites Places Of Public Accommodation Under The Americans With Disabilities Act Of 1990?, Patrick Maroney

Vanderbilt Journal of Entertainment & Technology Law

The text of the ADA does not support such an extension. The interpretative canons of "noscitur a sociis" and "ejusdem generis" dictate that "places of public accommodation" refer exclusively to physical facilities. The canons also sufficiently resolve any possible statutory ambiguities, thereby foreclosing the opportunity for contrary agency interpretations. Although the intentionally broad purpose and design of the ADA make the statute an attractive avenue for advocates of online expansion, that same purpose and design limit the ADA to physical facilities. This note addresses the issues in two parts. First, it presents the arguments just listed. Second, it recognizes the …


Sender Beware: The Discoverability And Admissibility Of E-Mail, William Decoste Jan 2000

Sender Beware: The Discoverability And Admissibility Of E-Mail, William Decoste

Vanderbilt Journal of Entertainment & Technology Law

This Note will explore the current body of jurisprudence concerning the discoverability and admissibility of e-mail in both the civil and criminal contexts. Beginning with a brief explanation of the relevant forms of information technology and electronic communication, it will examine the common misconceptions that fuel the ongoing imprudent use of e-mail. It will then trace the development of the case law, from the foundational cases that first confronted electronic evidence to recent precedent specifically addressing the various forms of contemporary e-mail. Federal statutory law regulating the acquisition and use of electronic communications will also be discussed. This Note will …


Publication, Musical Compositions, And The Copyright Act Of 1909: Still Crazy After All These Years, Michael B. Landau Jan 2000

Publication, Musical Compositions, And The Copyright Act Of 1909: Still Crazy After All These Years, Michael B. Landau

Vanderbilt Journal of Entertainment & Technology Law

The copyright clause of the United States Constitution empowers Congress "to promote the Progress of Science and useful Arts, by Securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." The purpose of copyright law is to strike a balance between the public's desire to have free access to information and authors' rights to protection of their private works. Common law copyright somewhat reflects this balance by providing the author with perpetual protection until first publication. Federal copyright law, however, with its more limited duration for protection, better balances these competing interests. Once …


Vehicles, William A. Gregory Jan 2000

Vehicles, William A. Gregory

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


A Multidimensional Tool For The Evaluation Of Mental Health Services, Andrea Christine Neal Jan 2000

A Multidimensional Tool For The Evaluation Of Mental Health Services, Andrea Christine Neal

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Goldbergs, Richard Lapidus Jan 2000

Goldbergs, Richard Lapidus

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


The Thunderstorm: Kierkegaard's Ecclesiology, Bruce H. Kirmmse Jan 2000

The Thunderstorm: Kierkegaard's Ecclesiology, Bruce H. Kirmmse

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.


Why Should The Prosecutor Get The Last Word?, John B. Mitchell Jan 2000

Why Should The Prosecutor Get The Last Word?, John B. Mitchell

Faculty Articles

This article examines reasons the prosecutor should make the closing arguments in the United States. It also examines the importance of closing arguments; the advantages of going first and the scientific bases of primacy; and the advantages of rebuttal.


Race, Reason And Representation, Tayyab Mahmud Jan 2000

Race, Reason And Representation, Tayyab Mahmud

Faculty Articles

This is a review essay based on Uday Singh Mehta, Liberalism and Empire: A study in Nineteenth-Century British Liberal Thought (Chicago: The University of Chicago Press 1999). It evaluates the entanglement of liberalism with colonialism to highlight many fundamental contradictions inherent in projects of modernity and the way universal claims are often bound by particularistic imperatives. Liberalism could reconcile its agenda of liberty and representation with colonial subjugation only by positing race as the grounds for eligibility to rights. With the project of neo-liberal restructuring of the world underway, it is useful to recall the disjunction between the theory and …


Hegemony, Coercion And Teeth Gritting Harmony: A Commentary On Law, Power And Culture In Franco’S Spain, Tayyab Mahmud, Ratna Kapur Jan 2000

Hegemony, Coercion And Teeth Gritting Harmony: A Commentary On Law, Power And Culture In Franco’S Spain, Tayyab Mahmud, Ratna Kapur

Faculty Articles

Co-authored with Ratna Kapur, this commentary engages the interrelationship of hegemony and coercion in legal regimes of the modern state. Against the backdrop of regulation of sexuality in fascist Spain, we posit a model of modern state power that draws upon the work of Gramsci, Althusser, and Foucault. It is argued that ideology is the velvet glove that encases the iron fist of coercion, and law always combines coercion and ideology by its very structure and operation. A bridge between critical race theory and queer theory is located in the concept of racing seen as the modern technology of power …


Silencing Culture And Culturing Silence: A Comparative Experience Of Centrifugal Forces In The Ethnic Studies Curriculum, Steven W. Bender Jan 2000

Silencing Culture And Culturing Silence: A Comparative Experience Of Centrifugal Forces In The Ethnic Studies Curriculum, Steven W. Bender

Faculty Articles

Using the metaphor of silencing, Professor Margaret Montoya documents the irrelevance of race, gender, and socio-historical perspectives both in legal education and, more broadly, in legal discourse. Although others have invoked this metaphor, Professor Montoya's charting of the physical, rather than merely metaphorical, space of silence moves beyond this legal literature in several respects. Viewing silence not just as dead space, Professor Montoya enlivens and colors silence and other nonverbal aspects of communication as positive cultural traits. She demonstrates how silence can be used as a pedagogical tool (a centrifugal force) in the classroom and in client interviews to bring …


Restoration Affecting Native Resources: The Place Of Native Ecological Science, Catherine O'Neill Jan 2000

Restoration Affecting Native Resources: The Place Of Native Ecological Science, Catherine O'Neill

Faculty Articles

This article begins by noting that non-Native society—the dominant society in the United States—has often discounted Native expertise and denied a place for Native environmental managers. Part II catalogues the various forms that denigration and denial of Native ecological science have taken. Part III marks the historical antecedents of such efforts to deny Native knowledge and to downplay the role of Native peoples as environmental managers. It then identifies particular features of the approaches favored by non-Native environmental managers that likely work to exclude, devalue, or discriminate against Native science, with the intention of encouraging further work to locate and …


Substantive Editing Versus Technical Editing: How Law Review Editors Do Their Job, Anne Enquist Jan 2000

Substantive Editing Versus Technical Editing: How Law Review Editors Do Their Job, Anne Enquist

Faculty Articles

Law review editors often have a hard time adjusting to their new role of evaluating and critiquing the work of professors and established legal scholars, resulting in entire editorial boards missing fundamental problems in a particular article. The author provides a solution to this problem by recommending the adoption of two separate phases of editing - a substantive editing phase, which addresses what the article actually communicates, and a technical editing phase, which addresses the form the author uses to communicate. As examples for any law review to follow, the author provides two substantive edits of two different author submissions …


Not In Front Of The Children: Prohibition On Child Custody As Civil Branding For Criminal Activity, Deborah Ahrens Jan 2000

Not In Front Of The Children: Prohibition On Child Custody As Civil Branding For Criminal Activity, Deborah Ahrens

Faculty Articles

This piece identifies and explores a trend in statutes and caselaw towards treating criminal behavior as a per se or presumptive bar to child custody, reading this development through the lens of the modern criminal sanctions literature.


Generating Online Sales For Small Businesses Through Search Engines, Dallas Neil Jan 2000

Generating Online Sales For Small Businesses Through Search Engines, Dallas Neil

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Forces Of History: American-Iranian Diplomacy 1949-1953, James H. Hippensteel Jan 2000

Forces Of History: American-Iranian Diplomacy 1949-1953, James H. Hippensteel

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Adventures In Paradox, Tana Cushman Jan 2000

Adventures In Paradox, Tana Cushman

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Effects Of Workplace Social Support On The Grief Process, Lauren Christine Leger Jan 2000

Effects Of Workplace Social Support On The Grief Process, Lauren Christine Leger

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Social Acceptability Of Alternatives To Clearcutting In Southeast Alaska| An Exploratory Study Of The Factors Affecting Judgement, Jeffrey Michael Miller Jan 2000

Social Acceptability Of Alternatives To Clearcutting In Southeast Alaska| An Exploratory Study Of The Factors Affecting Judgement, Jeffrey Michael Miller

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Empathic Negotiation: Addressing The Need For Putting Feeling Into The Negotiation Process, Garth W. Ferro Jan 2000

Empathic Negotiation: Addressing The Need For Putting Feeling Into The Negotiation Process, Garth W. Ferro

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Dissent, Free Speech, And The Continuing Search For The "Central Meaning" Of The First Amendment, Ronald J. Krotoszynski Jr. Jan 2000

Dissent, Free Speech, And The Continuing Search For The "Central Meaning" Of The First Amendment, Ronald J. Krotoszynski Jr.

Michigan Law Review

Since the Warren Court's expansive construction of the Free Speech Clause of the First Amendment, there has been no shortage of legal scholarship aimed at justifying the remarkably broad protections afforded the freedom of speech under landmark cases such as Brandenburg v. Ohio, New York Times Co. v. Sullivan, and Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc. At the same time, in recent years, a growing chorus of free speech skeptics have made their voices heard.5 These legal scholars have questioned why a commitment to freedom of expression should displace other (constitutional) values such as equality, …