Digital Commons Network^™

Irreconcilable Congressional Treatment Of Internet Service Providers As Speakers, Raymond Shih Ray Ku

Vanderbilt Journal of Entertainment & Technology Law

This Article argues that under the CDA and OCILLA, Congress adopted facially inconsistent approaches towards ISP liability for expression. Nonetheless, despite the overt differences, it is possible to discern an underlying principle for determining when ISPs should be considered speakers that reconciles this inconsistency. Put simply, the CDA and OCILLA support an approach toward determining when ISPs are speakers that focuses on whether an ISP exercises editorial control over its network. This approach is evidenced by the fact that both statutes recognize that ISPs are able to exercise editorial control over any and all content on their networks, and both …

Why Traditional Insurance Policies Are Not Enough: The Nature Of Potential E-Commerce Losses & Liabilities, Anna Lee

Vanderbilt Journal of Entertainment & Technology Law

There are two general categories of insurance policies: first-party policies and third-party/liability policies. First-party polices provide benefits directly to policyholders for losses suffered by the policyholders. For example, fire damage to the policyholder's plant or financial loss resulting from the interruption of the policyholder's business would be covered under the first-party insurance. Generally, these first-party losses are covered under policies such as "all risk," "named peril," "business interruption," or "expense to reduce loss" coverages. Among these various types of first-party policies, "all risk" insurance policies provide the broadest coverages.

Third-party or liability policies provide protection for claims against the policyholder …

Flag On The Play: 25 To Life For The Offense Of Murder, Sean Bukowski

Vanderbilt Journal of Entertainment & Technology Law

This Note will consider the extent to which the "professional athletic" community should add its own sanctions to those imposed by public law. First, it asks whether athletes are getting into more trouble than in the past, as it is possible that athletes are just following a trend of society, and thus are no more prone to violence than anyone else. Nevertheless, violent crime, especially that committed by role models like athletes, is especially damaging to society. Therefore, the Note then addresses why the sports leagues should care whether their athletes are committing such offenses.

It will then examine how …

Framing And Blaming In The Culture Wars: Marketing Murder Or Selling Speech?, Clay Calvert

Vanderbilt Journal of Entertainment & Technology Law

This Article uses the Pahler legal battle as a case study to examine the current culture wars that have placed the Hollywood recording and entertainment industries in the legal crosshairs of both legislative and judicial efforts to redefine popular teen culture. The first section demonstrates how the theories at issue in Pahler mirror the tactics used in the recent war against tobacco industry advertising that also allegedly targeted minors. Next, the Article situates Pahler within the context of Congressional hearings in the fall of 2000 that focused attention on the alleged Hollywood marketing of products featuring violent content to minors. …

Digital Performance Royalties: Should Radio Pay?, Bruce H. Phillips, Carl R. Moore

Vanderbilt Journal of Entertainment & Technology Law

We must acknowledge that some questions remain unanswered. Have we entered an era in which record labels, recording artists, record producers, and musicians will finally earn royalties for the public performance of their creations? Will the recent Copyright Office action be a watershed development in United States copyright law? Or will the broadcasters and their well-funded and powerful lobbying arm, the NAB, prevail in the end--if not in the courts, then in Congress? The only clear answer is simply this: not if the RIAA, the record labels' own well-funded and powerful lobbying arm, has anything to do with it. It …

Clinical Legal Education: An Annotated Bibliography, J.P. "Sandy" Ogilvy

Scholarly Articles

No abstract provided.

A Rationale For Classroom Listening And Speaking Instruction, Monica Gordon Pershey

Language Arts Journal of Michigan

No abstract provided.

Property And Propriety In Galdós’S ​Doña Perfecta, David Laraway

Faculty Publications

One question sure to stir up a spirited discussion in any gathering of galdosistas is whether Benito Perez Galdos's Dofia Perfecta is finally able to transcend the tendentiousness of its own ideological leanings. 1 A long tradition of criticism of the novel faults its didacticism and questions whether its characters are endowed with any real depth (see Penuel 80-86). Stephen Gilman's observation that Dona Perfecta constitutes an "ideological Flatland" by comparison with the depth of Galdos's mature works nicely captures an intuition chat runs deeply among defenders and critics of the novel alike (378-79). However, a widely cited article by …

Section 1983: Agent Of Peace Or Vehicle Of Violence Against Children?, Susan H. Bitensky

Oklahoma Law Review

No abstract provided.

Family Law: Whose Kids Are They, Anyway?: Analyzing Troxel V. Granville And The Current State Of Oklahoma's Grandparent Visitation Statute, Natania M. Soto

Oklahoma Law Review

No abstract provided.

Introduction, Background, And Overview, C. Arlen Beam

Oklahoma Law Review

No abstract provided.

The Mental Health Provider Privilege In The Wake Of Jaffe V. Redmond, Robert H. Aronson

Oklahoma Law Review

No abstract provided.

Finding The Proper Balance In Hearsay Policy: The Uniform Rules Attempt To Stem The Hearsay Tide In Criminal Cases Without Prohibiting All Nontraditional Hearsay, Myrna S. Raeder

Oklahoma Law Review

No abstract provided.

Criminal Law: Guilty Of Something: Gilson V. State And The Death Penalty For Omission In Oklahoma, Carla Mullins

Oklahoma Law Review

No abstract provided.

Criminal Procedure: Tenth Circuit Erroneously Allows Officers' Intentions To Define Reasonable Searches: United States V. Carey, Jim Dowell

Oklahoma Law Review

No abstract provided.

La Révolution Scientifique, Les Révolutions, Et L'Histoire Des Sciences. Comment Ernest Coumet Nous A Libérés De L'Héritage D'Alexandre Koyré, Marco Panza

MPP Published Research

Dans son intervention au colloque Koyré (Paris, 1986), Ernest Coumet a suggéré que le terme «révolution scientifique» ne désigne pas chez Koyré un événement historique, mais un idéaltype, au sens de Max Weber. L'auteur discute d'abord cette thèse de Coumet et expose les arguments que ce dermier apporte pour la soutenir. Dans la deuxième partie de l'article, il critique l'usage de la notion de révolution en histoire des sciences, en s'opposant en particulier à la possibilité de distinguer dans les productions des savants une «pensée scientifique» qui serait influencée par la «pensée philosophique» et dont les bouleversements marqueraient l'avènement d'une …

Fundamentals Of Speech, Steelman Library, Wade B. Mumm

Syllabus Repository

No abstract provided.

Voyages In The Verbal Universe: The Role Of Speculation In Darwinian Literary Criticism, Nancy Easterlin

English Faculty Publications

No abstract provided.

Hans Christian Andersen's Fish Out Of Water, Nancy Easterlin

English Faculty Publications

No abstract provided.

State University Of New York - Stony Brook School Of Medicine - Strategic Plan., School Of Medicine Faculty Senate.

Administrative Documents

No abstract provided.

Microstructure-Sensitive Design Of A Compliant Beam, Brent L. Adams, Alisa J. Millar Henrie, B. Henrie, M. Lyon, H. Garmestani, Surya R. Kalidindi

Faculty Publications

BA acknowledges financial support provided by the MRSEC Program of the National Science Foundation under Award Number DMR-9632556. SK acknowledges financial support from National Science Foundation under Award Number CMS-9732699. BA, SK and HG also acknowledge support from the NSF-CIRE program centered at Florida A&M University, facilitating collaborations. Support was also provided by the College of Engineering and Technology at BYU (AH, BH and ML). Computations were performed on the new SGI Origin 2000 supercomputer at Brigham Young University, donated by Ira Fulton. We show that mechanical design can be conducted where consideration of polycrystalline microstructure as a continuous design …

Gravitational Descendants And The Moduli Space Of Higher Spin Curves, Tyler J. Jarvis, Takashi Kimura, Arkady Vaintrob

Faculty Publications

The purpose of this note is introduce a new axiom (called the Descent Axiom) in the theory of r-spin cohomological field theories. This axiom explains the origin of gravitational descendants in this theory. Furthermore, the Descent Axiom immediately implies the Vanishing Axiom, explicating the latter (which has no a priori analog in the theory of Gromov-Witten invariants), in terms of the multiplicativity of the virtual class. We prove that the Descent Axiom holds in the convex case, and consequently in genus zero.

State University Of New York - Stony Brook School Of Medicine Strategic Plan - 2001 Executive Summary., School Of Medicine Faculty Senate.

Administrative Documents

No abstract provided.

Guidelines For Coordinated Management Of Noxious Weeds: Development Of Weed Management Areas

Leafy Spurge Database

No abstract provided.

Economic Analysis Of Using Sheep To Control Leafy Spurge, Dean A. Bangsund, Dan J. Nudell, Randall S. Sell

Leafy Spurge Database

No abstract provided.

Varieties Of Religion-Family Linkages, John R. Snarey, David C. Dollahite

Faculty Publications

The 4 articles in this special issue make important contributions to both family and religious studies as well as to their interface. This commentary begins by considering 4 unifying themes present across all of the articles, including meaningful religion-family linkages, the importance of gender differences in the faith-family interface, the significance of intergenerational relationships, and the need for better theory. The authors then discuss the unique major strength and secondary limitations of each study. Finally, the commentary focuses on two challenges inhibiting the contemporary study of religion and the family–a relative lack of racial and religious diversity in samples and …

Just Do It To Stay Interested And Fresh, In Paul M. George, Care And Maintenance Of The Successful Career: How Experienced Law Librarians Make Their Work Rewarding, Timothy L. Coggins

Law Faculty Publications

An article about how a "more seasoned" law librarian remains fresh in his or her career.

"Crossing The Border": Constructions Of National Character In U.S.-Mexico Transnational Travel Narratives, John D. Hazlett

English Faculty Publications

No abstract provided.

A Web-Enabled Temporal Database Human Resources Application, Joseph A. Brooke Iii

UNF Graduate Theses and Dissertations

Despite the inclusion of a variety of time-related or 'temporal' datatypes in the SQL-92 standard, vendors of commercially-available Relational Database Management Systems (RDBMS) have universally elected to not fully comply with the standard. Perhaps even more frustrating is the fact that each vendor has chosen to include a different subset of temporal datatypes than their competitors, with most vendors adding a proprietary twist to their datatypes not even contained within the standard.

This lack of conformity has left users of these database products faced with a difficult choice: either avoid temporal functionality within their database applications or develop and manage …

Faculty Publications 2000, Lsu Health Sciences Center New Orleans

Historical Faculty Publications

This Faculty bibliography contains 824 publications.