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2001

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Narrative Theory And The Law: A Rhetorician's Invitation To The Legal Academy, Delia B. Conti Jan 2001

Narrative Theory And The Law: A Rhetorician's Invitation To The Legal Academy, Delia B. Conti

Duquesne Law Review

No abstract provided.


This Is Not Your Grandfather's Labor Union - Or Is It? - Exercising Section 7 Rights In The Cyberspace Age, Frederick D. Rapone Jr. Jan 2001

This Is Not Your Grandfather's Labor Union - Or Is It? - Exercising Section 7 Rights In The Cyberspace Age, Frederick D. Rapone Jr.

Duquesne Law Review

No abstract provided.


A Content Neutral Public Nudity Ordinance That Satisfies The O'Brien Test May Require Erotic Dancers To Wear G-Strings And Pasties Without Violating Their First Amendment Right Of Freedom Of Expression: City Of Erie V. Pap's A.M., James S. Malloy Jan 2001

A Content Neutral Public Nudity Ordinance That Satisfies The O'Brien Test May Require Erotic Dancers To Wear G-Strings And Pasties Without Violating Their First Amendment Right Of Freedom Of Expression: City Of Erie V. Pap's A.M., James S. Malloy

Duquesne Law Review

The Supreme Court of the United States held that a content-neutral ordinance, aimed at combating the negative secondary effects of public nudity, satisfied the O'Brien standard for restrictions on symbolic speech and was, therefore, a constitutionally permissible restriction on freedom of expression.

City of Erie v. Pap's A.M., 529 U.S. 277 (2000).


Table Of Contents, Volume 39, Number 4, Summer 2001 Jan 2001

Table Of Contents, Volume 39, Number 4, Summer 2001

Duquesne Law Review

No abstract provided.


Electronic Media And The Federal Securities Laws: Perks, Pitfalls And Prudence, Jennifer L. Mcdonough Jan 2001

Electronic Media And The Federal Securities Laws: Perks, Pitfalls And Prudence, Jennifer L. Mcdonough

Duquesne Law Review

No abstract provided.


Comments - Titles - Volume 39 (2000-2001) Jan 2001

Comments - Titles - Volume 39 (2000-2001)

Duquesne Law Review

No abstract provided.


Biblical Assyria And Other Anxieties In The British Empire, Steven W. Holloway Jan 2001

Biblical Assyria And Other Anxieties In The British Empire, Steven W. Holloway

Libraries

The successful “invasion” of ancient Mesopotamia by explorers in the pay of the British Museum Trustees resulted in best-selling publications, a treasure-trove of Assyrian antiquities for display purposes and scholarly excavation, and a remarkable boost to the quest for confirmation of the literal truth of the Bible. The public registered its delight with the findings through the turnstyle- twirling appeal of the British Museum exhibits, and a series of appropriations of Assyrian art motifs and narratives in popular culture - jewelry, bookends, clocks, fine arts, theater productions, and a walk-through Assyrian palace among other period mansions at the Sydenham Crystal …


Madonna De La Mer: Reflections Of Light And Memory, Amjad S. Faur Jan 2001

Madonna De La Mer: Reflections Of Light And Memory, Amjad S. Faur

Inquiry: The University of Arkansas Undergraduate Research Journal

The Pioneers of photography sought to document their lives with a new sense of reality and permanence. The results have persevered throughout photography's brief history as sparse, elegant, honest and strikingly beautiful images. My research uses late nineteenth century and early twentieth century equipment and techniques to document the timeless beauty, which connects us to those old photographs by creating portraits of people, which will deceive and nurture memory. Without our memories, we respond to the present with only survival instincts. Memory is our pool of reference for all experience. Only two basic elements, light and memory, are used as …


Opposing Systems, Erin Stone Jan 2001

Opposing Systems, Erin Stone

Inquiry: The University of Arkansas Undergraduate Research Journal

Costa Rica and Nicaragua, although situated close together in geography, historically and politically are worlds apart. Costa Rica has maintained a stable democracy since 1948, while Nicaragua, rocked by authoritarian rule and then revolution in 1979, is still in an unstable growth period. Each country represents an opposing government system that would have varying effects on the emphasis and influence placed on different social situations in each country. Through studying one social aspect, the women's movement, one is able to examine the positive and negative aspects of each system and prospects for future success of countries under each type of …


The Sweep Of Sexual Harassment Cases, Ann Juliano, Stewart J. Schwab Jan 2001

The Sweep Of Sexual Harassment Cases, Ann Juliano, Stewart J. Schwab

Cornell Law Review

No abstract provided.


When A Tree Falls In Fayetteville Does It Make A Sound: The Impact Of Issue Voting On Local Nonpartisan Elections, Jon Taylor Jan 2001

When A Tree Falls In Fayetteville Does It Make A Sound: The Impact Of Issue Voting On Local Nonpartisan Elections, Jon Taylor

Inquiry: The University of Arkansas Undergraduate Research Journal

This research provides an explanation of the impact that high-profile issues can have on local nonpartisan elections. The tree ordinance in Fayetteville sparked a controversy that ignited the community's interest in the race for Mayor. This controversy provides a unique opportunity to measure how issue voting effects elections that have limited information available. The research regarding behavior in local nonpartisan elections is incomplete, because of the challenges this subject provides for political scientist. It is difficult to gauge a voter's choice when the voter's process limited knowledge of the candidates and party affiliation is removed. Generally political scientist view issue …


Responsive Regulation Of Internet Pharmacy Practice, David B. Brushwood Jan 2001

Responsive Regulation Of Internet Pharmacy Practice, David B. Brushwood

Annals of Health Law and Life Sciences

Professor Brushwood discusses the effectiveness of the Internet as a medium for carrying out pharmaceutical care. A proponent of Internet pharmacy, Professor Brushwood argues that pharmacy regulators could best protect and promote public health through responsive Internet regulation. Wary of state paternalism, the article advocates the Verified Internet Pharmacy Practice Site program of the National Association of Boards of Pharmacy as a model method for regulating pharmacy practices over the Internet.


Cultural Competence In Epidemiological Field Work With Cultures In Flux: Romania, Diane Depken, Catherine Zeman Jan 2001

Cultural Competence In Epidemiological Field Work With Cultures In Flux: Romania, Diane Depken, Catherine Zeman

International Journal of Global Health

This article is a case study of conducting field -based epidemiological work in a former communist country. A brief background of Romanian history and culture is followed by discussion of the challenges of doing epidemiological science in a culture experiencing socio-political flux. In this former communist country where a common understanding of specific methods of epidemiological science and research ethics is not necessarily shared by both visiting and indigenous scientists, successful fieldwork depends on a high degree of understanding, sensitivity, and patience. The United States Department of Health and Human Services' Office of Minority Health, OMH provides guidelines for culturally …


A Particle Introduction Experiment In Santa Catalina Basin Sediments: Testing The Age-Dependent Mixing Hypothesis, William L. Fornes, David J. Demaster, Craig R. Smith Jan 2001

A Particle Introduction Experiment In Santa Catalina Basin Sediments: Testing The Age-Dependent Mixing Hypothesis, William L. Fornes, David J. Demaster, Craig R. Smith

Journal of Marine Research

The occurrence of "age-dependent mixing," a process by which recently deposited, food-rich particles undergo more intense bioturbation than older, food-poor particles, could dramatically alter patterns of organic-matter diagenesis in deep-sea sediments. To explicitly test for age-dependent mixing, an in-situ particle introduction experiment was conducted on the bathyal Santa Catalina Basin floor. Mixtures of radioisotope-tagged particles representing a food quality gradient were dispersed in small amounts on the seafloor and sampled over periods of 0 to 594 days. Introduced particle types were all similar in size and included fresh diatoms ("young" particles), surface sediments ("intermediate-age" particles), and particles from 30-cm deep …


The Decline In Child Sexual Abuse Cases., Lisa M. Jones, David Finkelhor Jan 2001

The Decline In Child Sexual Abuse Cases., Lisa M. Jones, David Finkelhor

Crimes Against Children Research Center

Of all crimes against children, sexual abuse has arguably captured the greatest share of attention from child advocates, professionals, policymakers, and the general public. During the 1980’s, increasing numbers of victims were identified each year (American Association for the Protection of Children, 1988) and concerns about this crime intensified. However, a dramatic shift in child sexual abuse trends has occurred. Data from child protective services (CPS) agencies across the country indicate that the increases of the 1980’s were followed by an extensive period of marked declines in the 1990’s. Unfortunately, little effort has been expended to uncover the reasons why …


Internet Regulation—Heavy Handed Or Light Touch Approach? A View From The European Union Perspective, Robert T. J. Bond Jan 2001

Internet Regulation—Heavy Handed Or Light Touch Approach? A View From The European Union Perspective, Robert T. J. Bond

William Mitchell Law Review

No abstract provided.


Webjacking , Robert J. Mcgillivray, Steven C. Lieske Jan 2001

Webjacking , Robert J. Mcgillivray, Steven C. Lieske

William Mitchell Law Review

No abstract provided.


E-Commerce Privacy And The Black Hole Of Cyberspace, Stephen R. Bergerson Jan 2001

E-Commerce Privacy And The Black Hole Of Cyberspace, Stephen R. Bergerson

William Mitchell Law Review

No abstract provided.


Front Matter - Table Of Contents - Preface Jan 2001

Front Matter - Table Of Contents - Preface

Iowa Journal of Communication

No abstract provided.


Creating Forever Hungry: Finding (And Preserving) Meaningful Experience Through Multiple Voices, Laura Sohl-Cryer Jan 2001

Creating Forever Hungry: Finding (And Preserving) Meaningful Experience Through Multiple Voices, Laura Sohl-Cryer

Iowa Journal of Communication

This paper provides a description of the process of conducting an ethnographic and autoethnographic analysis of narratives expressed by four women struggling with eating disorders. It includes an explanation of how scripting these stories into a performance entitled Forever Hungry provided an effective means of narrative analysis. This ongoing interpretation of the narratives, which emerged as I wrote the script, directed the rehearsals, watched the performances, and received audience members' reactions, was very useful in creating meaning from the stories that were shared, especially when combined with a more traditional analysis. This paper also expresses the importance of allowing the …


Women Who Act And Speak Ditzy: A Critical Ethnography Of Disempowering Discursive Practices, Ronald F. Wendt Jan 2001

Women Who Act And Speak Ditzy: A Critical Ethnography Of Disempowering Discursive Practices, Ronald F. Wendt

Iowa Journal of Communication

This study is an investigation of the speaking habits of some women in specific social situations. An ethnographic approach is used to detail and examine specific communication practices that some young women use to empower themselves. A new rhetorical genre is identified and labeled ditzy-speak. Contributions to the discipline of Communication include a fuller understanding of culture, power relations, rhetorical strategies, and gender.


Fishing For A Story: Constructing Identities Of Sport And Sportsman, Charla L. Markham Shaw Jan 2001

Fishing For A Story: Constructing Identities Of Sport And Sportsman, Charla L. Markham Shaw

Iowa Journal of Communication

A vegan professor observes the world of bass fishing through a local chapter of B.A.S.S., the Indian Point Bass Club. After observing meetings and attending the final tournaments of the season, the experience is examined through the eyes of one interested in the workings of narrative. Three major themes in members' narratives, the intelligent opponent, giving back to nature, and skill of the angler emerge to serve as narrative proof of the knowledge, care, and skill necessary to be a competent member of the culture of the club and of the sport.


The Internal Revenue Service Is Shifting American Taxpayers From A Paper Based Filing System To Electronic Filing - Is The Irs Offering A Capable System That Protects Taxpayer Confidentiality?, 19 J. Marshall J. Computer & Info. L. 367 (2001), Anthony D. Skidmore Jan 2001

The Internal Revenue Service Is Shifting American Taxpayers From A Paper Based Filing System To Electronic Filing - Is The Irs Offering A Capable System That Protects Taxpayer Confidentiality?, 19 J. Marshall J. Computer & Info. L. 367 (2001), Anthony D. Skidmore

UIC John Marshall Journal of Information Technology & Privacy Law

The IRS utilizes Internet technology, such as electronic filing, to aid in the enormous task of processing individual tax returns annually. The Internal Revenue Service Restructuring and Reform Act of 1998 (“1998 Act”) allows signatures to be waived by the IRS or to provide alternative means of signing. Litigation challenging the IRS administration of its electronic filing program to date has been upheld. Recent decisions illustrate the authority the IRS has to set standards for participating in the electroinc filing system. Recent litigation surrounding the validity of refund-anticipation loans has been upheld, despite the annual percentage rate charged. Criminal litigation …


The Regulation Of New Media Broadcasting In Canada Post-Icravetv.Com, 19 J. Marshall J. Computer & Info. L. 331 (2001), Danistan Saverimuthu Jan 2001

The Regulation Of New Media Broadcasting In Canada Post-Icravetv.Com, 19 J. Marshall J. Computer & Info. L. 331 (2001), Danistan Saverimuthu

UIC John Marshall Journal of Information Technology & Privacy Law

Broadcasters in both the U.S. and Canada were perplexed when iCraveTV.com began intercepting American and Canadian television signals and began broadcasting them for free over the Internet. Broadcasters in Canada contend that these type of actions constitute a violation of section 3 of the Canadian Copyright Act. Provisions of section 31(2) of the Copyright Act appear to allow new media broadcasters to rebroadcast signals in return for paying a tariff, however, these criterion must be meet: the communication must be a retransmission of a local or distant signal, the transmission must be lawful under the Broadcasting Act, the signal must …


Privacy Protection For Electronic Communications And The “Interception Unauthorized Access” Dilemma, 19 J. Marshall J. Computer & Info. L. 435 (2001), Carlos Perez-Albuerne, Lawrence Friedman Jan 2001

Privacy Protection For Electronic Communications And The “Interception Unauthorized Access” Dilemma, 19 J. Marshall J. Computer & Info. L. 435 (2001), Carlos Perez-Albuerne, Lawrence Friedman

UIC John Marshall Journal of Information Technology & Privacy Law

When Congress foresaw the need for privacy protection for personal and commercial communications, it modified the Wire and Electronic Communications Interception and Interception of Oral Communications Act (“Wire-Tap Act”) through the Electronic Communications Privacy Act (ECPA) and added the Stored Communications Act to broaden the scope of prohibitions against electronic eavesdropping. Some questions, however, are raised by the interpretation of the Wiretap Act’s definition of “intercept” and the Stored Communications Act’s definition of “unauthorized access.” The authors of this comment explore the decisions in the cases Steve Jackson Games v. U.S. and Konop v. Hawaiian Airlines to resolve this question …


Do You Want To Step Outside? An Overview Of Online Alternative Dispute Resolution, 19 J. Marshall J. Computer & Info. L. 457 (2001), William Krause Jan 2001

Do You Want To Step Outside? An Overview Of Online Alternative Dispute Resolution, 19 J. Marshall J. Computer & Info. L. 457 (2001), William Krause

UIC John Marshall Journal of Information Technology & Privacy Law

The first section of the article discusses the different sites of online Alternative Means of Dispute Resolution (ADR). The author discusses Virtual Magistrate, settlement sites (focusing on ClickNSettle), SquareTrade, iLevel, Internet Neutral, and the Uniform Domain Name Resolution Process of the Internet Corporation for Assigned Names and Numbers. The second section of the article addresses the usefulness and policy issues surrounding online ADR. Among the issues discussed in this section are the effect on consumer confidence, jurisdiction and enforcement, fees, and limited hearings and discovery.


Cyberslapp Suits And John Doe Subpoenas: Balancing Anonymity And Accountability In Cyberspace, 19 J. Marshall J. Computer & Info. L. 493 (2001), Shaun B. Spencer Jan 2001

Cyberslapp Suits And John Doe Subpoenas: Balancing Anonymity And Accountability In Cyberspace, 19 J. Marshall J. Computer & Info. L. 493 (2001), Shaun B. Spencer

UIC John Marshall Journal of Information Technology & Privacy Law

The first section of the article examines the history of cyberSLAPP (Strategic Litigation Against Public Participation) suits. The second section looks at the conflicting goals of anonymity and accountability. The third section discusses how existing law does not adequately protection the people whose names are being subpoenaed. The final section proposes an amendment to the Electronic Communications Privacy Act.


Internet Business Method Patents: The Federal Circuit Vacates The Preliminary Injunction In Amazon.Com V. Barnesandnoble.Com, 19 J. Marshall J. Computer & Info. L. 523 (2001), Sue Ann Mota Jan 2001

Internet Business Method Patents: The Federal Circuit Vacates The Preliminary Injunction In Amazon.Com V. Barnesandnoble.Com, 19 J. Marshall J. Computer & Info. L. 523 (2001), Sue Ann Mota

UIC John Marshall Journal of Information Technology & Privacy Law

This article is a casenote that examines the appellate decision in Amazon.com v. Barnesandnoble.com. The first section of the article reviews the history of business method patents and the precedent case of State St. Bank & Trust Co. v. Signature Fin. Group, Inc. The second section looks at the history of the Amazon.com case. The final section examines the major developments in business method patents since the Amazon.com case.


Privacy Rights In Personal Information: Hipaa And The Privacy Gap Between Fundamental Privacy Rights And Medical Information, 19 J. Marshall J. Computer & Info. L. 535 (2001), Kevin B. Davis Jan 2001

Privacy Rights In Personal Information: Hipaa And The Privacy Gap Between Fundamental Privacy Rights And Medical Information, 19 J. Marshall J. Computer & Info. L. 535 (2001), Kevin B. Davis

UIC John Marshall Journal of Information Technology & Privacy Law

Advancements in computers and technology have affected nearly every aspect of health care. Although many of the effects of modern technology have benefited health care, a vast increase in the amount of people with access to medical information has led to numerous privacy concerns. In response to these new problems, and at the direction of Congress through the Health Insurance Portability & Accountability Act of 1996 (“HIPAA”), Health and Human Services (“HHS”) implemented the Privacy Rule. The Privacy Rule “protects privacy by regulating the ways in which certain medical information may be used by certain entities.” The constitutional right to …


Internet Web Site Jurisdiction, 20 J. Marshall J. Computer & Info. L. 21 (2001), Richard A. Bales, Suzanne Van Wert Jan 2001

Internet Web Site Jurisdiction, 20 J. Marshall J. Computer & Info. L. 21 (2001), Richard A. Bales, Suzanne Van Wert

UIC John Marshall Journal of Information Technology & Privacy Law

The Internet is here to stay. Consequently, disputes in this cyberspace are heard in courts nationwide, and one of the most fundamental litigation questions is the personal jurisdiction. In this article, the authors discuss the difficulties courts have in defining the degree of interaction between the Web site operator and online users. The authors first discuss the background of how courts tackle the personal jurisdiction issue. Then, as the society leaps into the cyberspace, authors analyze how this great development in technology and communications creates challenges to courts in grounding personal jurisdictional issues. By going through case analyses, authors show …