Digital Commons Network^™

The Absent American Indian Treaties: A Guide To Treaties Never Referenced At The Federal Court Level, Charles D. Bernholz

University of Nebraska-Lincoln Libraries: Faculty Publications

No abstract provided.

Exploration Characterization And Analysis Of An Economically Viable Brick-Clay Deposit In Montana, Geoffrey E. Gilbert

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Federal Preemption Of State Tort Claims, Marin Roger Scordato

Scholarly Articles

This article explores a continuing disagreement among Justices of the United States Supreme Court regarding the proper doctrinal framework for federal preemption jurisprudence. This important difference in views became apparent in the four federal preemption cases that the Supreme Court decided during its 1999-2000 term. The article describes this critical disagreement among the Justices, places it in the larger context of preemption doctrine, and then carefully analyzes a number of possible resolutions.

Federal preemption is an area of enormous practical and theoretical importance. It is a subject that has earned a regular place on the Supreme Court's docket for many …

U.S. Federalism And Spanish Autonomy – Lessons From U.S. Federalism For The External Activities Of Substate Entities, Antonio F. Perez

Scholarly Articles

This article will focus on a narrow aspect of the larger question of the effect of international economic integration and increased international security on the national legal order of complex states, such as the United States and Spain. At first glance, the United States and Spain have rather different systems of constitutional law concerning the relationship between the center and periphery. Nonetheless, as this article will argue, it is revealing to explore the recent responses of theories as different as U.S. federalism and Spain's system of autonomous communities to the new international environment in the crucial area of the external …

Applying Just War Jus Bello Doctrine To Reprisals: An Afghan Hypothetical, Michael F. Noone Jr.

Scholarly Articles

No abstract provided.

Non-Legislative Labor Law Reform And Pre-Recognition Labor Neutrality Agreements: The Newest Civil Rights Movement, Roger C. Hartley

Scholarly Articles

A central component of the overhauled union organizing strategy is greater reliance on the pre-recognition neutrality agreement negotiated with an employer whose employees a union is attempting to organize. This article examines these neutrality agreements. Part I locates the neutrality agreement within unions' revitalized approach to organizing." This discussion shows that neutrality agreements can redress four disadvantages unions confront when organizing: employer intimidation, harmful delay, inadequate access to employees, and inability to secure a first contract. These disadvantages, widely understood as contributing significantly to the decline in union membership during the last quarter of the twentieth century, constitute the core …

Supreme Law Or Basic Law? The Decline Of The Concept Of Constitutional Supremacy, Rett R. Ludwikowski

Scholarly Articles

No abstract provided.

The Effects Of Individual Factors On Punitive Attitudes Toward Juvenile Offenders, Jennifer Keely Mac Connell

Dissertations and Theses @ UNI

The purpose of the present study was to examine the relationship between individual factors and punitive attitudes toward juvenile offenders. The individual factors examined were attributional style, authoritarianism, anxiety, self-esteem, the Five-Factor model of personality, and gender. It was hypothesized that possessing a punitive attributional style, maintaining authoritarian beliefs, and being male would predict punitive attitudes toward adolescent offenders. I also examined the effects of age of the offender and severity of the crime on attributions and punishment decisions. College students (N = 185) at a Midwestern university completed questionnaire packets in partial fulfillment of their introductory psychology course requirements. …

A Contrastive Cross-Cultural Study Of The Speech Act Of Correction In Egyptian Arabic And American English, Nadir Anis

Dissertations and Theses @ UNI

The present study is an empirical cross-cultural investigation of the speech act of correction in Egyptian Arabic and American English. The purpose of the study is to examine how and why Egyptians and U.S. Americans modify the illocutionary force of their corrections in terms of mitigation and aggravation in different speech situations. A Discourse Completion Task/Test (OCT) was used to elicit corrections from 30 Arabic-speaking Egyptians and 30 English-speaking U.S. Americans. All the respondents were either university students or university graduates between the ages of 18 and 35. The six situations used to elicit corrections represented different settings (e.g., classroom, …

As Justice And Prudence Dictate: The Morality Of America’S War Against Terrorism—A Response To James V. Schall, S.J.,, William J. Wagner

Scholarly Articles

This response to Father Schall's article explores just how three principles, which he proposes in general terms as central to integrity in moral reasoning and decision over the use of military force, serve, in fact, to organize an assessment of the rights and wrongs of actions by states and individuals within a conflict like the one coming to a crisis on September 11th. In the course of its analysis, the article means to show that prudence has a role, not only once the requirements of justice are satisfied, as a too casual reading of Father Schall's article might perhaps imply, …

May The Child Online Protection Act Rely On Community Standards To Identify Material That Is Harmful To Minors?, Susanna Frederick Fischer

Scholarly Articles

The Communications Decency Act, the government's previous attempt to protect minors from online pornography, was struck down in 1997 on the grounds that it required Internet content to be judged by the standards of the community most likely to be offended by it. Now the Court has agreed to review the constitutionality of the new Child Online Protection Act, which seeks to address the Court's free-speech concerns by regulating Web communications in a manner similar to existing laws restricting minors' access to print pornography.

The Business Of Running A Law School, John H. Garvey

Scholarly Articles

I confess that as a faculty member I gave little thought to the business of running a law school. Deans do not have that luxury. Someone has to pay attention to things like the budget, payroll, physical plant, purchasing, admissions, career services, and (most important of all) the kind and quality of service that we provide to students in the classroom. Stated abstractly, we are a nonprofit business that provides a service to about 800 customers each year, and we, like all businesses, have to balance our books. From a business point of view the most interesting challenge we face …

Misattribution In Legal Scholarship: Plagiarism, Ghostwriting, And Authorship, Lisa G. Lerman

Scholarly Articles

No abstract provided.

Confession, Coercion, Procedural Error And The Juror, Kimberly Anne Jenkins Coffman

UNF Graduate Theses and Dissertations

The current research examined whether mock jurors make differential assessments of guilt of defendants based on inclusion or exclusion of confession evidence and type of coercion to determine if jurors' behavioral reactions to confession evidence could be predicted. Hypotheses addressed effects of various factors on jurors' decisions of verdicts regarding defendants' guilt or innocence and their certainty of these verdicts: inclusion of confession evidence, type of coercion used in obtaining confessions, admissible or inadmissible presentation of confession evidence, and influence of potential predictor variables. Predictor variables assessed included participants' Belief in a Just World, Spheres of Control, New Authoritarianism, and …

The Rejection Of The Manege Tradition In Early Modern England: "Equestrian Elegance At Odds With English Sporting Tradition", Elizabeth Pope Simmons

UNF Graduate Theses and Dissertations

Renaissance creativity and obsession with classical traditions spawned a new form of horsemanship called the manege in sixteenth-century Europe. This study deals with England's rejection of the courtly horsemanship despite the dismal state of the nation's equestrian affairs. Tudor and Stuart monarchs utilized royal influence to attempt change - from legislative refmms to the horses - but no specific monarchical effort proved immediately effective. The significance of royal influence is seen in the continued importation of quality stock and in royal support for equestrian-related sports. Both enriched equine bloodlines and promoted the development of sporting tradition in England. While, with …

A Study Of Influences And Life Choices: African American Males From An Urban Pre-Trial Detention Center And The Navy, Patrick O'Neal Arnwine

UNF Graduate Theses and Dissertations

This study was designed to explore the influences, experiences, and disparate life choices of eight African American males from the Jacksonville's Pre-trial Detention Center and the U.S. Navy. The focus of this project was on the choices made by the participants and possible reasons for those choices. Specifically, the research question for this study is "How do some African American males from Jacksonville's Pre-trial Detention Center and the Navy describe their life experiences and the influences of these experiences on their choices?''

The framework for this project was a cross-case and cross-site study. The sites were the Jacksonville Pre-trial Detention …

The Effectiveness Of Experiential Education In Executive Development, Marlene Handley Rodenbaugh

Harold L. Hodgkinson Award for Outstanding Dissertation

This study explored the effectiveness of the Tavistock model, an experiential learning approach, in mobilizing change in the perception of authority relations of business executives as they interacted in a group relations event. A secondary goal was to test perceptions about this model as an effective executive development program. Results of prior studies on experiential learning outcomes are inconsistent, and few demonstrate that results match learning goals. This exploratory study used both quantitative and qualitative methods: Q-methodology and a questionnaire augmented by personal interviews, respectively. The results were triangulated in operationalizating the Kirkpatrick model, a widely accepted evaluation method for …

The Woman Behind The Camera: An Auteur Study Of The Films Of Dorothy Arzner, Jami Nicole Cope

Dissertations and Theses @ UNI

Dorothy Arzner was the first woman to join the Director's Guild of America and one of the only directors to amass a catalog of eighteen films. Despite the respect she managed to win in Hollywood during the 1930s and 1940s, a stylistic auteur study has never been completed of many of her films. In this thesis, I review seven of Arzner' s films to uncover her stylistic sense of direction and editing to define her status as an auteur. The opening chapter provides background information regarding Arzner' s life and a working definition of the film term "auteur." In this …

Emerging Trends In Religious Liberty, Robert A. Destro

Scholarly Articles

From a religious liberty perspective, the October 2000 term of the United States Supreme Court was relatively uneventful. The Court decided only one case raising significant religious liberty concerns, Good News Club v. Milford Central School. Good News Club adds little to the First Amendment case law already on the books, but it does provide an excellent opportunity to highlight the growing need for well-informed scholars, both American and foreign, to examine the relationships between and among clauses of the First and Fourteenth Amendments to the Constitution of the United States.

The Peculiar Case Of State V. Terry Lynn Nichols: Are Television Cameras Really Banned From Oklahoma Criminal Proceedings?, Robert D. Nelon

Vanderbilt Journal of Entertainment & Technology Law

The truck bomb ripped into A.P. Murrah Federal Building on April 19, 1995, at 9:02 a.m. One hundred sixty-eight men, women, and children died. None knew Timothy McVeigh or Terry Lynn Nichols, nor did McVeigh and Nichols know them. In fact, Nichols was not even in Oklahoma City when the bombing occurred. He is now--occupying a special cell in the Oklahoma County Jail, awaiting trial on state charges of murder, conspiracy to commit murder, and aiding in placing a bomb near a public building.

Nichols' trip to Oklahoma City was circuitous. Initially, separate federal proceedings against McVeigh and Nichols were …

The Price Of Fame: The Celebrity Image As A Commodity And The Right Of Publicity, Ty Ford

Vanderbilt Journal of Entertainment & Technology Law

This Note will examine several recent cases that illustrate how major stars are using the ever-widening scope of such doctrines to control their images in the media. These examples show how the right of publicity has evolved from a right designed to protect a performer's uniquely personal attributes and stylings from unauthorized (and unpaid for) exploitation into a legal fortress constructed around movie-star images that allows the star to separate unwanted attention from necessary popularity. Furthermore, it will explore the inherent contradictions in such a development, showing how it can be used to manipulate and control the very peripheral industries, …

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. …

Beyond The Blackboard: Regulating Distance Learning In Higher Education, Leslie T. Thornton

Vanderbilt Journal of Entertainment & Technology Law

It is not so surprising that traditional institutions of higher education have been relatively slower than businesses, for example, to embrace the potential of the new technologies, and have lost students to those institutions and businesses which have been more willing to change. But technology is playing an enormous role in the shape, size, and direction of education, and it's not waiting for the leaders of traditional institutions--or anyone else, for that matter--to join the club.

This Article examines the scope and impact of that role, specifically as it has developed through a new trend toward online "distance education" or …

Changing Horses In Mid-Stream: The Copyright Office's New Rule Makes Broadcasters Pay For "Streaming" Their Signals Over The Internet, Samuel Fifer, Gregory R. Naron

Vanderbilt Journal of Entertainment & Technology Law

With traditional, over-the-air broadcasts, radio stations do not have to start paying license fees to rights holders if they get a bigger transmitter or technology allows their signal to reach more listeners. That much, not even the RIAA will dispute. So why should it matter if stations use the Internet to reach additional listeners? The law shouldn't be interpreted to discourage radio stations from using new Internet technology to do the same thing they're doing now--especially since Congress itself expressly said it did not want to "[hamper] ... new technologies" or "impose new and unreasonable burdens" on broadcasters. And make …

Chillin' Effect Of Section 506: The Battle Over Digital Sampling In Rap Music, Ronald Gaither

Vanderbilt Journal of Entertainment & Technology Law

Digital samples are to rap music as precedent is to the practice of law. Lawyers, mindful of the principle of stare decisis, mine court opinions for arguments to support legal theories. Similarly, rappers use the lyrics and musical arrangements found in previously recorded works to spin out new and creative pieces. But where-as no one worries when a lawyer quotes pieces of old case law to fashion her arguments in a novel case, rappers' heavy reliance on digital sampling routinely puts their community front and center in a debate over copyright infringement...

Considering the severity of most criminal penalties for …

Cyberjacking, Mouse Trapping, And The Ftc Act: Are Federal Consumer Protection Laws Helping Or Hurting Online Consumers?, Kenneth Sanney

Vanderbilt Journal of Entertainment & Technology Law

Only the Federal Trade Commission (FTC) can bring a federal cause of action against a company whose business practices or actions deceive consumers. However, the FTC's power is limited; it can intervene on behalf of consumers only when there is a pattern of misconduct by the business that threatens the public interest. But where the scams themselves are difficult to spot, patterns may be virtually impossible to establish. Moreover, even successful FTC actions may yield little in the way of preventative or compensatory benefit for the individual user.

My aim in this Note, therefore, is to offer one possible means …

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 …