Digital Commons Network^™

The 1960 Presidential Election In Florida: Did The Space Race And The National Prestige Issue Play An Important Role?, Randy Wade Babish

UNF Graduate Theses and Dissertations

The landmark launch of Sputnik on October 4, 1957, and the subsequent perception that the United States trailed the Soviet Union, not only in space but also in missiles, plagued the Eisenhower Administration for the rest of the decade. The Democratic Party strategy for the 1960 presidential election included using the space race, the alleged missile gap, and declining American prestige abroad to illustrate the need for new leadership in the White House. Senator John F. Kennedy, the Democratic nominee, effectively raised these issues throughout the general election to support his "New Frontier" program and won by the narrowest popular …

Intervention Selection For Students With Asperger's Disorder, Tracy Lynn Gappa

Dissertations and Theses @ UNI

The diagnosis of Asperger's Disorder (AsD) is a relatively recent possibility. Although first described in 1944, AsD was not recognized until its inclusion in the Fourth Edition of the Diagnostic and Statistical Manual of Mental Disorders in 1994. Due to the newness of the disorder and because of a lack of a consensual definition, there is considerable confusion among researchers in this field. For those children with characteristics of AsD, the confusion has resulted in misdiagnosis and, more importantly, inappropriate interventions. Individuals with AsD have deficits in several areas that impair their ability to function normally in the educational environment, …

Tomorrow Never Dies: The Protection Of Fictional Characters Under The Federal Trademark Dilution Act, Kristen Knudsen

Vanderbilt Journal of Entertainment & Technology Law

A number of different protections are available for fictional characters under intellectual property law. These have traditionally included copyright, trademark, and unfair competition, or some combination thereof. Another avenue of protection can be found in state dilution statutes, which prohibit unauthorized uses of characters that could harm their reputations, such as by "blurring" their ability to indicate one source, or by "tarnishing" their commercial value. This harm may occur even where there is no likelihood of public confusion, and even where the use is on a noncompeting good. Many commentators have criticized state dilution theories, however, as contravening the purposes …

Pay For Play: An Old Tactic In A New Environment, Douglas Abell

Vanderbilt Journal of Entertainment & Technology Law

Promotional strategies involving payola --the payment of cash, drugs, or any other consideration to radio stations and their employees in exchange for airplay-- are generally illegal under federal law. Theoretically, these laws prohibit only undisclosed payola practices. Payola scandals of the late 1980s, however, illustrate that such practices have not ended. In fact, the Telecommunications Act of 1996 (the "Act") created an environment in which pay-for-play, a disclosed and fully legal form of payola, could thrive. The possibility of returning to practices reminiscent of illegal payola has, however, sparked debate as to whether record labels should ever pay radio stations …

How To Can Spam, Gary Miller

Vanderbilt Journal of Entertainment & Technology Law

Receiving unsolicited commercial email, also known as "Spam," is like receiving junk mail, postage due. Spam shifts the cost of advertising from the advertiser to the consumer. This imposes enormous costs on Internet Service Providers (ISPs) and their customers. The Spam problem cries out for a legislative solution, and that is why I introduced H.R. 2162, the "Can Spam Act." The source of the Spam moniker for unsolicited commercial e-mail is apparently attributed to an annoying song in a Monty Python skit. In the skit, actors dressed like Vikings sing the word "Spam" over and over again, becoming louder and …

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 …

Guarantying A Hit (Or Miss): Understanding The Completion Guaranty Business In Hollywood, James W. Coupe

Vanderbilt Journal of Entertainment & Technology Law

Titanic was. So was Waterworld. Heck, even The Adventures of Baron Munchausen was. Blockbusters? No. Oscar winners? Wrong again. Yet these three films do share one unfortunate characteristic-- each of these pictures was over budget, drastically in some cases. Although caused by different forces and cured by different individuals, each film eventually forced someone to pay a great deal of money unexpectedly. Like many unforeseen expenses, these too can be insured against. Enter stage right, a completion guaranty company.

Any and all film productions financed by non-producer third parties should have a completion guaranty. In the most fundamental terms, a …

Don't Sell Out, Sell Bonds: The Pullman Group's Securitization Of The Music Industry, Hewson Chen

Vanderbilt Journal of Entertainment & Technology Law

Securitization is the selling of debt to investors. In general, securitization converts future income streams like credit card receivables or auto loan payments to present in-pocket cash. Notably, this transformation from future income to current wealth gives the issuer of the security immediate access to cash at less cost than other financing methods such as bank loans. In the 1970s, this technique was applied to the housing industry, and since then, securitization has evolved into greater varieties of income streams, including medical insurance, typhoon insurance, and unused airline tickets. The application of securitization in the entertainment industry, however, remains largely …

First Amendment & Goal: High School Recruiting And The State Actor Theory, David W. Dulabon

Vanderbilt Journal of Entertainment & Technology Law

After hearing the arguments of both sides, the District Court for Middle Tennessee held that the recruiting rule violates the First Amendment, making the sanctions imposed by the TSSAA on Brentwood Academy void and unenforceable. On appeal, the Sixth Circuit failed to address the First Amendment issue due to its holding that the TSSAA did not constitute a state actor for constitutional law purposes. The Sixth Circuit concluded that the TSSAA's actions are not fairly attributable to the state of Tennessee. The court also noted that Brentwood Academy's purely voluntary association with the TSSAA prevented the private high school from …

Concerts: Rated Or Raided? First Amendment Implications Of Concert-Rating, Deborah Cazan

Vanderbilt Journal of Entertainment & Technology Law

This Note examines the constitutionality as well as practicality of two different concert-rating statutes. San Antonio ordinance 61,850, the first attempt at concert-rating, has never been challenged constitutionally. This Note asserts that if the ordinance were challenged, the Court would find it constitutionally valid on its face, despite the possibility of unconstitutional applications. However, some unconstitutional consequences remain. The second statute examined is one recently proposed by Senator Shugars in the Michigan state legislature. Like the San Antonio ordinance, this Note concludes that Senate Bill 239 would also withstand a constitutional challenge.

This Note examines the history and structure of …

A Journey Through Olympic Drug Testing Rules: A Practitioner's Guide To Understanding, Jill Pilgrim, Kim Betz

Vanderbilt Journal of Entertainment & Technology Law

While many top U.S. Olympic-caliber athletes have been drug tested throughout their careers, few truly understand the drug testing process. The ever-changing rules and regulations, as well as the increase in the number of doping control programs have proven to be confusing and sometimes inconsistent, despite appearing to assist in the fight against doping in sport. Many organizations cannot interpret their own rules, nor do they fully understand the jurisdictional issues that arise with respect to every sample taken, until they are caught in a crisis. This Article attempts to untangle the web of rules and regulations and provide athletes, …

Truckin' In Style Along The Avenue: How The Grateful Dead Turned Alternative Business And Legal Strategies Into A Great American Success Story, Brian C. Drobnik

Vanderbilt Journal of Entertainment & Technology Law

That the Grateful Dead were "different" undoubtedly is true on a broad social level. But it is not so easy to ascertain how they were different in the business and legal aspects of their enterprise. The ephemeral nature of their approach stems from the fact that they conducted their affairs within and alongside the world of statutes and contracts and yet provided themselves with a great degree of independence from that world. This Note will comment on the Dead's perspective on and their ultimate rejection of many of the business and legal strategies traditionally ascribed to in the industry. After …

A Realistic Consensus Approach To The Insurance Law Doctrine Of Reasonable Expectations, Peter N. Swisher

Law Faculty Publications

This article's fundamental premise is that, over the past three decades, despite all the debate and confusion surrounding the underlying theory and practice of the insurance law doctrine of reasonable expectations, a modem consensus approach has finally emerged within the academic community and the courts and among insurance law practitioners involving a realistic and viable application of the doctrine to the needs of contemporaryground" synthesis of traditional, objective, and contractually based reasonable expectations principles grafted onto elements of the more modem Keeton formulation of the doctrine. Moreover, this realistic consensus approach to the doctrine of reasonable expectations is both theoretically …

Muslim Women's Rights In The Global Village: Challenges And Opportunities, Azizah Y. Al-Hibri

Law Faculty Publications

In this age of information technology that shrank our world into a global village, it is fair to ask how this recent development has impacted Muslim women's rights across the world. Having just traveled through nine Muslim countries, ranging from Pakistan and Bangladesh to the Gulf States, Egypt, Syria, and Lebanon, I would answer that it is leading, slowly but surely, to reassessment and change.' Attempts to accelerate the pace of this change, however, without full understanding of its complex topology, and the deep-rooted commitment by most Muslim women to spiritual and cultural authenticity, could halt or even reverse this …

Identification Of Potential Molecular Biomarkers Of Cadmium Induced Stress In C̲Hironomus Tentans ̲, David Hunter Dyer

Dissertations and Theses @ UNI

The objective of this research was to identify potential molecular biomarkers by looking for differences in the mRNA expression patterns between cadmium exposed and non-exposed freshwater aquatic invertebrate larvae. In the future, genes that indicate sublethal damage to a population at risk could be used to monitor the degradation or regeneration of an ecosystem. For this study, laboratory reared Chironomus tentans were placed in a sublethal concentration of cadmium treated water and the genes turned on in response to the cadmium were isolated from a cDNA subtract library. Six genes were identified and two potential biomarkers of environmental stress, ferritin …

Generations: Borges And His Progeny, David Laraway

Faculty Publications

"Jovenes, imatad a Borges!" Legend has it that these were the parting words of novelist Witold Gombrowicz as he set sail for his native Poland after spending the duration of World War II in Argentina (King xi). Gombrowicz perceived---correctly, as it turns out-that subsequent generations of writers would need to reconcile themselves to Borges before they could find their own voices. To be sure, Borges was not always engaged willingly by his immediate successors, and anecdotes about the suspicions with which he was regarded by the so-called Boom writers are as ubiquitous as the traces of his presence in their …

Oklahoma Constitutional Law: Highway Robbery: In Re Oklahoma Capitol Improvement Authority: The Eulogy For Oklahoma Constitutional Debt Limitations, Brian Edward Wheeler

Oklahoma Law Review

No abstract provided.

The Majority Opinion As The Social Constuction Of Reality: The Supreme Court And Prison Rules, James E. Robertson

Oklahoma Law Review

No abstract provided.

There Is A Method(Ology) To This Madness: A Review And Analysis Of Feedback In The Clinical Process, Victor M. Goode

Oklahoma Law Review

No abstract provided.

Constitutional Law: Vouchers, Sectarian Schools, And Constitutional Uncertainty: Choices For The Unites States Supreme Court And The States, Catharine V. Ewing

Oklahoma Law Review

No abstract provided.

Census 2000: Why The Majority In Department Of Commerce V. United States House Of Representatives Was Correct In Rejecting Statistical Sampling, Angela D. Kelley

Oklahoma Law Review

No abstract provided.

Modern Liability Rules And Policies Regarding College Student Alcohol Injuries: Reducing High-Risk Alcohol Use Through Norms Of Shared Responsibility And Environmental Management, Peter F. Lake, Joel C. Epstein

Oklahoma Law Review

No abstract provided.

Pro Bono Publico In Oklahoma: Time For Change, Judith L. Maute

Oklahoma Law Review

No abstract provided.

Arbitration: Arbitration In The 21st Century: Where We've Been, Where We're Going, Todd Baker

Oklahoma Law Review

No abstract provided.

Oklahoma Constitutional Law: The Future Of The Fourth Amendment In Oklahoma High Schools, Melinda Wyatt Gilliam

Oklahoma Law Review

No abstract provided.

Volume 53 2000

Oklahoma Law Review

No abstract provided.

Sorting Out Voices On Women’S Rights In Morocco, Sumi Colligan

Journal of International Women's Studies

From the Article:

In this chapter, I intend to expand on the theme of developing “our listening capacity, to be sure that we hear everything” in an attempt to avoid perpetuating the stereotype of the passive, victimized Third World woman whose only hope of liberation is through the consciousness raising and activist efforts of Western feminists. Much of the current writing on human rights and women’s rights in North Africa and the Middle East suggests that world-wide endorsement of such principles and platforms is most likely to be successful if the people to whom they apply feel a sense of …

Psychoanalysis And "The Discipline Of Love", Nancy Easterlin

English Faculty Publications

No abstract provided.

Improved Resolution Backscatter Measurements With The Seawinds Pencil-Beam Scatterometer, David G. Long, Michael W. Spencer, Chialin T. Wu

Faculty Publications

The SeaWinds scatterometer was launched on the NASA QuikSCAT spacecraft in June 1999 and is planned for the Japanese ADEOS-II mission in 2000. In addition to generating a global Ku-band backscatter data set useful for a variety of climate studies, these flights will provide ocean-surface wind estimates for use in operational weather forecasting. SeaWinds employs a compact "pencil-beam" design rather than the "fan-beam" approach previously used with SASS on Seasat, NSCAT on ADEOS-I, and the AMI scatterometer on ERS-1, 2. As originally envisioned and reported, the resolution of the SeaWinds backscatter measurements were to be antenna-beamwidth limited. In order to …

The White Rose: Judges And Justice In The Third Reich, Matthew Lippman

Connecticut Journal of International Law

In recent years there has been an increased interest in the Holocaust.' One concern has been to explain the willingness of ordinary Germans2 and highly educated medical professionals' to conform to the draconian dictates of the Third Reich.4 This scholarly effort largely has ignored the complicity of lawyers and judges in the Nazi's depredations.5 The lack of academic concern may be based on the belief that the Reich was a "lawless" regime in which legal professionals performed a limited role. Most studies accordingly have centered on the extra-judicial and summary exterminations carried out by the Nazi government. 6 However, the …