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Articles 12931 - 12960 of 13724
Full-Text Articles in Entire DC Network
Scam, 2000, Judy Halls, Les Howard
Scam, 2000, Judy Halls, Les Howard
Literary Reviews Through the Ages
No abstract provided.
Publication, Musical Compositions, And The Copyright Act Of 1909: Still Crazy After All These Years, Michael B. Landau
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 …
Montana's Other Strike: The 1917 Iww Timber Strike In The Kootenai Valley, Richard R. Aarstad
Montana's Other Strike: The 1917 Iww Timber Strike In The Kootenai Valley, Richard R. Aarstad
Graduate Student Theses, Dissertations, & Professional Papers
No abstract provided.
Goldbergs, Richard Lapidus
Goldbergs, Richard Lapidus
Graduate Student Theses, Dissertations, & Professional Papers
No abstract provided.
Herbal Medicine : Consumers, Knowledge, And Self-Disclosure In The Rural Elderly, Dawn R. Bucher
Herbal Medicine : Consumers, Knowledge, And Self-Disclosure In The Rural Elderly, Dawn R. Bucher
Electronic Theses and Dissertations
The purpose of this study was fourfold: (1) to identify the knowledge level of elderly rural residents concerning the safety, efficacy, and quality of herbal medicine; (2) to determine how many elderly rural residents are using herbs; (3) to identify if herbal medicine users disclose their use to their healthcare provider; and ( 4) to determine if a relationship exists among elderly rural residents, demographic characteristics, knowledge level, likelihood of self-disclosure, and use of herbal medicine. This study was a descriptive correlational design. The sample was elderly males and females residing in southwestern Minnesota who were members of their local …
The Thunderstorm: Kierkegaard's Ecclesiology, Bruce H. Kirmmse
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
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
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 …
Silencing Culture And Culturing Silence: A Comparative Experience Of Centrifugal Forces In The Ethnic Studies Curriculum, Steven W. Bender
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 …
Substantive Editing Versus Technical Editing: How Law Review Editors Do Their Job, Anne Enquist
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 …
Confronting The Limits Of Gay Hate Crimes Activism: A Radical Critique, Dean Spade, Craig Willse
Confronting The Limits Of Gay Hate Crimes Activism: A Radical Critique, Dean Spade, Craig Willse
Faculty Articles
Questioning the emancipatory potential of hate crimes activism for sexual and gender non-normative people, this paper outlines the limits of criminal justice remedies to problems of gender, race, economic and sexual subordination. The first section considers some of the positive impacts of hate crimes activism, focusing on the benefits of legal "naming" for disenfranchised constituencies seeking political recognition. In the next section the authors outline the political shortcomings and troubling consequences of hate crimes activism. First, they examine how hate crimes activism is situated within a "mainstream gay agenda," a term they use to designate the set of projects prioritized …
Ninth Amendment Adjudication: An Alternative To Substantive Due Process Analysis Of Personal Autonomy Rights, Mark Niles
Ninth Amendment Adjudication: An Alternative To Substantive Due Process Analysis Of Personal Autonomy Rights, Mark Niles
Faculty Articles
Notwithstanding decades of significant legal scholarship focusing on the Ninth Amendment to the U.S. Constitution, a large portion of the practicing legal community, and even a substantial percentage of legal scholars, are unfamiliar with the provision. The primary reason for this phenomenon is the striking absence of an identifiable body of Ninth Amendment adjudication. In this Article, Mark Niles focuses on this phenomenon and endeavors to develop an interpretative theory of the amendment upon which an adjudicative role can be founded. In Part I of this Article, Niles outlines the traditional judicial treatment of the Ninth Amendment, or more precisely, …
Not In Front Of The Children: Prohibition On Child Custody As Civil Branding For Criminal Activity, Deborah Ahrens
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.
Home From The Islands: Domestic Asset Protection Trust Alternatives Impact Traditional Estate And Gift Tax Planning Considerations, John K. Eason
Home From The Islands: Domestic Asset Protection Trust Alternatives Impact Traditional Estate And Gift Tax Planning Considerations, John K. Eason
Faculty Articles
As the US becomes increasingly litigious, US citizens are more frequently sheltering their wealth in offshore asset protection trusts, or OAPTs. This article provides a thorough overview of the topic, discussing a variety of pertinent legal information.
Generating Online Sales For Small Businesses Through Search Engines, Dallas Neil
Generating Online Sales For Small Businesses Through Search Engines, Dallas Neil
Graduate Student Theses, Dissertations, & Professional Papers
No abstract provided.
An Upbeat View Of English Justice In The Fourteenth Century, Charles Donahue Jr.
An Upbeat View Of English Justice In The Fourteenth Century, Charles Donahue Jr.
Michigan Law Review
The late Middle Ages are history's stepchild. Traditionally, medievalists are not interested in them. The earlier centuries, culminating in the twelfth and thirteenth, are much more typically "medieval." Traditionally too, early modern historians are interested in the late Middle Ages only for what they see as origins of the Reformation, or for decay of feudal structures out of which the national monarchies of the sixteenth century arose, or for Italian humanism, which they call "the Renaissance." Legal historians, on the other hand, are stuck with the late Middle Ages. With a few exceptions (including, most notably, the great run of …
Enforcing Contracts In Dysfunctional Legal Systems: The Close Relationship Between Public And Private Orders: A Repy To Mcmillan And Woodruff, Ariel Porat
Michigan Law Review
When the public order is dysfunctional, a private order for enforcing contracts will develop. In the absence of courts, transactors will seek ways to secure performance without recourse to legal sanctions. Social and economic sanctions imposed on the party in breach, whether by the aggrieved party or by the economic and social community in which both parties operate, replace legal sanctions. These sanctions sometimes arise within a private order functioning spontaneously, as when ongoing contractual relationships prevail between the parties, or when a close-knit economic or social community exists in which information concerning breaches of contract flows freely. In other …
Rethinking Relationship-Specific Investments: Subcontracting In The Japanese Automobile Industry, Yoshiro Miwa, J. Mark Ramseyer
Rethinking Relationship-Specific Investments: Subcontracting In The Japanese Automobile Industry, Yoshiro Miwa, J. Mark Ramseyer
Michigan Law Review
Longer ago than either of us cares to remember, one of us attended junior high in Tokyo. On Saturdays, he worked at a printed circuit factory. Or maybe "factory" makes it all sound too grand. A small building in back of a gas station, it had three or four punch presses. The "president" supervised matters (though he actually spent more time hanging out at the gas station), together with a sidekick who did assorted odd jobs besides. Several middle-aged women with no apparent technical education or skill ran the presses. The junior high kid spent his time trimming the sheets …
Reaffirming Relationship-Specific Investments: Comments On Miwa And Ramseyer's 'Rethinking Relationship-Specific Investments', Scott E. Masten
Reaffirming Relationship-Specific Investments: Comments On Miwa And Ramseyer's 'Rethinking Relationship-Specific Investments', Scott E. Masten
Michigan Law Review
I, too, have a work-related anecdote from my youth to relate. During one summer break from college, I had a job on the night shift in the canning plant of a Coca-Cola bottling franchisee in my hometown in New Hampshire. The process of canning tonic (known as "soda" outside of New England) consisted of three stages, beginning with the fabrication of cans in a room at one end of the building and concluding with the filling and sealing operations in a room at the other end. In between, workers in a third room inspected cans as they arrived by conveyor …
A Proposal For Comparative Responsibility Analysis In Comparative Negligence Jurisdictions, Joel Leslie Terwilliger
A Proposal For Comparative Responsibility Analysis In Comparative Negligence Jurisdictions, Joel Leslie Terwilliger
LLM Theses and Essays
Part II of this thesis discusses the common law background of the assumption of risk and how it fits into the scheme of negligence principles as an affirmative defense. Part II also examines the background of assumption of risk and parallels its development with contributory negligence principles. Part III looks at how the assumption of risk has been redefined and narrowed in its application as comparative fault principles gained favor. It includes an examination of statutory erosion and in modern judicial activism. Next, Part IV examines how the assumption of risk, particularly the secondary form, conflicts with comparative fault and …
The Negotiation Of Executive Agreements For Environmental Remediation: Is The Interest-Based Method A Workable Model?, Darla Wynon Kite-Jackson
The Negotiation Of Executive Agreements For Environmental Remediation: Is The Interest-Based Method A Workable Model?, Darla Wynon Kite-Jackson
LLM Theses and Essays
Much of the recent literature on negotiation has concerned environmental negotiations. The environmental negotiations literature often discusses the negotiation of domestic environmental issues or the negotiation of multilateral/global environmental conventions. However, the literature on bilateral negotiations dealing with environmental issues, especially as it is related to mutual defense arrangements is scarcer. This thesis deals with this latter type of negotiations. This thesis explores whether interest-based negotiation techniques can be effectively used in resolving the environmental issues that are associated with base closures. It will do so by first describing and responding to some of the criticisms of the fundamental concepts …
International Franchising: Focus On Central And Eastern Europe And Russia, Aksinia Zaharieva Dintcheva
International Franchising: Focus On Central And Eastern Europe And Russia, Aksinia Zaharieva Dintcheva
LLM Theses and Essays
This thesis discusses and analyzes international franchising and its introduction and development in the emerging democracies in Eastern Europe. After a general presentation of the franchise marketing method, the advantages and disadvantages to both parties of the franchise relationship are discussed. Attention is given to the alternatives available to foreign franchisors contemplating international franchising in the Eastern European region. The thesis further reviews the newly enacted foreign investment laws in six Eastern European countries - Hungary, Czech Republic, Poland, Bulgaria, Romania, and Russia - as they relate to the joint venture operations in the region and the attending legal issues. …
International Joint Ventures Between France And The United States, Alexis Desreumaux
International Joint Ventures Between France And The United States, Alexis Desreumaux
LLM Theses and Essays
This thesis focuses on two markets: France and the United States. Although these markets are competitive in several areas, sometimes some cooperation is needed in order to achieve a successful venture. The focus of this thesis is on two major issues. First, how can an American company, with a French partner, venture in France? And, second, how can a French company "invade" the U.S. market, with the help of a local company? To narrow the focus of this thesis, these " multipartite" joint ventures are to be dealt with. The thesis concerns the joint ventures made from two corporations, one …
Nationality, Domicile And Habitual Residence - Does The New German Citizenship Law Call For A Change Of A Principal Connecting Factor In Private International Law ?, Marc Cziesielsky
LLM Theses and Essays
The purpose of the new citizenship law which was proposed by the new German federal government was to give legal aliens living in Germany a choice to become German citizens without having to give up the nationality which was conferred on them by their parentage or descent. This thesis will question whether this rigid concept should be completely abolished after an assessment of both the constitutionality and the exact implications of the new citizenship law. In the light of the conclusions, the comparative part of this thesis will then focus on a more general approach and will compare the concepts …
"Pass Through" And Advertising Wark^Nties In The Current And In The Proposed Revision Of Ucc Article 2, Nazmi Orkun Akseli
"Pass Through" And Advertising Wark^Nties In The Current And In The Proposed Revision Of Ucc Article 2, Nazmi Orkun Akseli
LLM Theses and Essays
It has recently become common to refer to warranties that accompany the goods as "pass-through" warranties. They accompany the goods down the chain of title. They run with goods much as a traditional warranty of good title runs with the land in real estate transactions. The warranty booklet that comes with the new car, the warranty certificate in the box in which the computer is delivered, the manufacturer's label attached to the herbicide container are all examples of "pass-through" warranties. In this thesis, after examining the express warranties under the present article 2 of UCC, "pass-through" and advertising warranties will …
The Watermark: A Journal Of The Arts - Vol. 08 - 2000-2001, University Of Massachusetts Boston
The Watermark: A Journal Of The Arts - Vol. 08 - 2000-2001, University Of Massachusetts Boston
The Watermark: A Journal of the Arts (1993-2014)
No abstract provided.
Health Informatics Research & Evaluation Design Students Overwhelmingly Prefer Hypertutorial Web-Based Instruction In Randomized Comparison, Craig W. Johnson
Health Informatics Research & Evaluation Design Students Overwhelmingly Prefer Hypertutorial Web-Based Instruction In Randomized Comparison, Craig W. Johnson
Faculty, Staff and Student Publications
No abstract provided.
Java-Based World Wide Web Clinical Trial Data Management, Vinod Aggarwal, Venkatesh Rudrapatna, Craig W. Johnson
Java-Based World Wide Web Clinical Trial Data Management, Vinod Aggarwal, Venkatesh Rudrapatna, Craig W. Johnson
Faculty, Staff and Student Publications
No abstract provided.
The Web-Based Interactive Family History Questionnaire, Rita Torkzadeh, Constance M. Johnson, Craig W. Johnson
The Web-Based Interactive Family History Questionnaire, Rita Torkzadeh, Constance M. Johnson, Craig W. Johnson
Faculty, Staff and Student Publications
No abstract provided.
A Preliminary Assessment Of Mental Health Needs Faced In Religious Leaders In Eastern Europe, Brent M. Ellens, Mark R. Mcminn, Linda L. Lake, Matthew M. Hardy, Elizabeth J. Hayen
A Preliminary Assessment Of Mental Health Needs Faced In Religious Leaders In Eastern Europe, Brent M. Ellens, Mark R. Mcminn, Linda L. Lake, Matthew M. Hardy, Elizabeth J. Hayen
Faculty Publications - Doctor of Psychology (PsyD) Program
Enormous sociopolitical changes in Eastern Europe in the last decade have had a profound impact on the psychological functioning of the citizens of these nations. In order to assess and intervene in the mental health realm in Eastern Europe, a brief survey was sent to various Christian leaders in Eastern Europe. Common mental health problems identified across the various Eastern European countries and cultures include depression, relationship difficulties, alcohol abuse, and anxiety disorders. Christians in Eastern Europe tend to turn to family and friends for help with these problems first, pastors second, and almost never to mental health professionals. Clergy …