Digital Commons Network^™

Content Versus Delivery In Public Speaking Instructions, Paul J. Siddens Iii

Iowa Journal of Communication

When teaching public speaking, instructors are faced with the challenge of teaching their students about issues related to both the content of the speech (e.g.: the introduction and conclusion, organization, supporting evidence, etc.), and issues related to physical and vocal delivery (e.g.: appearance, gestures, eye contact, volume, rate, vocal variety, etc.). In public speaking courses, we usually have the opportunity to teach our students about these topics in classroom lectures and discussion, and to further explore these issues in oral and written critiques that we provide our students in classes in which they actually perform speeches. This pilot study continues …

The Frontier To Innerspace: Arguments Against A Mass-Mediated Culture In The Truman Show, Kimberly A. Powell

Iowa Journal of Communication

The 1998 film, The Truman Show, is a carefully executed lie that plays on our sense of media manipulation. The central argument within The Truman Show is that of the phoniness of our culture, thus questioning what is right, wrong, truth and lie. This essay examines the development of an anti-media saturation argument through Birth, Family and Resurrection metaphors by following the lead character, Truman Burbank, as he discovers a new frontier of innerspace. Because values are central to analyzing the frontier myth in film, this essay employs Frentz and Rushing's (1978) Social Value Model to discover how lead …

Palestinian Private Property Rights In Israel And The Occupied Territories, Stacy Howlett

Vanderbilt Journal of Transnational Law

As the birth pangs of an emerging Palestinian state rage on, one question bars settlement, reconciliation, and peace: who is entitled to the land? On a macrocosmic level, this question has and will be answered through diplomatic negotiations, political pressure, and violence. The microcosmic question of the disposition of private property, however, must be taken into consideration before any lasting peace agreement can be reached.

The rights and interests of Palestinian refugees and Israeli settlers with respect to the land they have an interest in must be balanced with national needs for territorial continuity and peace. By tracing the transfer …

U.K. Charity Law: Is It Creating A True Democracy Of Giving?, James R. Michels

Vanderbilt Journal of Transnational Law

In November 1999, the British government announced important legislative reforms affecting the various methods of providing charitable contributions. The government expressed its desire to create a "democracy of giving" by expanding tax relief for charitable donations. These changes took effect in April 2000.

This note argues that the recent legislation reforms, while a step in the right direction, do not create a true "democracy of giving." In arriving at this conclusion, the note will outline the evolution of British tax law related to individual charitable donations. The note will also explore the problems experienced by the charitable sector that prompted …

The Rule Of Law In China, Eric W. Orts

Vanderbilt Journal of Transnational Law

This Article explores contemporary meanings of the rule of law with a focus on its meaning in Chinese history and tradition, as well as Chinese legal institutions. Part II considers the concept of law in China, from early understandings in Confucianism and Legalism to more recent treatments in Chinese Communism. It also reviews efforts that the People's Republic of China has made in recent decades to strengthen its legal institutions. Part III begins with a discussion of the Western jurisprudential idea of the rule of law and suggests a distinction between two basic understandings: (1) rule by law as an …

An Institutional Analysis Of Consumer Law, A. B. Overby

Vanderbilt Journal of Transnational Law

This Article explores the revival of interest in consumer protection in the United States, and the impact of this revival on the consumer movement. The Author examines the influence that political organizations and institutions have upon the final shape and content of consumer law in the United States and European Union. The Article begins with a general introduction to institutional theory across academic disciplines and to the institutional environment and arrangements in which consumer lawmaking proceeds in the United States and Europe. Next, the Article assesses consumer initiatives in the United States and the European Union, focusing on deceptive advertising, …

External Memory Algorithms For Factoring Sparse Matrices, Florin Dobrian

Computer Science Theses & Dissertations

We consider the factorization of sparse symmetric matrices in the context of a two-layer storage system: disk/core. When the core is sufficiently large the factorization can be performed in-core. In this case we must read the input, compute, and write the output, in this sequence. On the other hand, when the core is not large enough, the factorization becomes out-of-core, which means that data movement and computation must be interleaved.

We identify two major out-of-core factorization scenarios: read-once/write-once (R1/W1) and read-many/write-many (RM/WM). The former requires minimum traffic, exactly as much as the in-core factorization: reading the input and writing the …

A Brave New Lochner Era? The Constitutionality Of Nafta Chapter 11, Steve Louthan

Vanderbilt Journal of Transnational Law

In the eight years since its adoption, NAFTA Chapter 11 has escaped significant scrutiny from academics and journalists alike. However, with the recent filing of several Chapter 11 expropriation claims involving U.S. states, Chapter 11 has begun to gain some notoriety in the press and sparked at least two legal symposia this past year.

This Note begins by highlighting the recent Methanex Chapter 11 claim involving the State of California. Methanex, a Canadian chemical manufacturer and importer, claimed $1.6 billion in damages over California's ban of the chemical MTBE. Despite the EPA'S classification of MTBE as a possible carcinogen and …

Harmonizing The Battle Of The Forms: A Comparison Of The United States, Canada, And The United Nations Convention On Contracts For The International Sale Of Goods, Charles Sukurs

Vanderbilt Journal of Transnational Law

As trade between the United States and Canada continues to increase on the heels of the free trade agreements of the early 1990s, the question of which body of commercial law to apply to these transactions becomes increasingly important. The United Nations Convention on Contracts for the International Sale of Goods (CISG) serves as the default governing law for many of these transactions. In spite of its lack of use and the confusion it has brought to choice of law provisions as a self-executing treaty, many scholars have suggested that the CISG can continue to serve as a body of …

A Predictive Framework For The Effectiveness Of International Criminal Tribunals, James B. Griffin

Vanderbilt Journal of Transnational Law

This Note examines international criminal tribunals and analyzes the factors that can govern the level of their effectiveness. The historical background in this area is essential, for one of the main points of the Note is that international criminal tribunals cannot be detached from the political circumstances that create them and enforce their verdicts if those verdicts are to be enforceable at all.

The Note begins with an analysis of the International Military Tribunal at Nuremberg, and compares it to its contemporary counterpart, the International Military Tribunal at Tokyo. The Note then makes a similar analysis of the recent International …

The Developing World In The New Millennium: International Finance, Development, And Beyond, Rurnu Sarkar

Vanderbilt Journal of Transnational Law

Former Treasury Secretary Lawrence Summers once commented that the end of the Cold War was the second most interesting story of the past two decades. According to him, the most compelling story during that time was the emergence of global capital markets.' This viewpoint heralds a subtle sea change that signals the beginning of a newly formed international consensus. Making a successful transition from being a "developing nation" to being an "emerging capital market" is now the most serious challenge facing the developing world today.

Trade relations and capital investments are now being rationalized in a new international economic order …

The Atypical International Status Of The Holy See, Matthew N. Bathon

Vanderbilt Journal of Transnational Law

The Holy See, as personified by the Pope of the Roman Catholic Church, has acquired significant international status over the centuries. In modern times it has not always been clear whether this status arises from the Holy See's status as head of the Church or as ruler of the tiny State of Vatican City. Some view the Holy See's unique international status as an exception to the general rule that only states participate in international affairs. The Holy See has acquired such recognition and authority primarily because of its long-standing involvement in world affairs over the last thousand years. Others …

The Grass Will Not Be Trampled Because The Tigers Need Not Fight, Markus G. Puder

Vanderbilt Journal of Transnational Law

This Article examines the relationship between the Federal Republic of Germany and the German Democratic Republic, and explores whether the German experience may contain lessons for the relations between the People's Republic of China and Taiwan. The Author's analysis of the German situation begins with a discussion of the relations between the separate German states, with a particular emphasis on how that relationship was shaped by the Basic Treaty. That document provided for the promotion of peaceful relations, recognition of independence and sovereignty of each nation, as well as a normalization of the diplomatic relations. After ratification, the Bavarian State …

Ten Years Of Basic Law Amendments: Developing A Constitutional Model Of German Unification, Mathew W. Pile

Vanderbilt Journal of Transnational Law

On October 3, 1990, West and East Germany officially united. Although several unification methods were possible, the unification occurred by East Germany acceding to the West German Constitution--the Basic Law--through a series of treaties. This "treaty route" to unification necessarily required amendments to the Basic Law.

The primary unification instrument, the Treaty on the Establishment of German Unity, detailed the Basic Law amendments that were immediately essential to effectuating unification. The treaty, however, also contemplated additional Basic Law amendments arising from the consequences of unification. In fact, in the ten years following German unification, the German legislature passed six Basic …

Japanese Intellectual Property Law In Translation: Representative Cases And Commentary, Kenneth L. Port

Vanderbilt Journal of Transnational Law

Like much of Japanese law, Japanese intellectual property law is often criticized as being inaccessible. This inaccessibility has contributed to the misperception that Japanese case law regarding intellectual property does not exist. Even if it exists, the perception goes, it takes forever to track down and it is nearly irrelevant.

This Commentary, in a very modest way, is aimed at debunking the myth that Japanese case law regarding intellectual property is either non-existent or less meaningful than its U.S. counterpart. This Commentary consists of five translations of recent, significant intellectual property cases, as well as commentary regarding the relevance and …

A Case Of Unconstitutional Immigration: The Importation Of England's National Curriculum To The United States, Jaime S. Boutwell

Vanderbilt Journal of Transnational Law

The decline in the quality of the American educational system continues to spawn debate and criticism across the nation. Despite many suggestions and arguments on how to improve American schools, such as voucher systems, smaller class size, and higher teacher qualifications, the concern, while deeply felt, appears to be empty rhetoric. Teachers' low salaries, the disparity in funding among schools, and the lack of parent and community involvement demonstrate America's apathy towards education reform. To effectuate meaningful changes in education, American communities must reach consensus on education's purpose and importance.

The failure of schools requires America to take action. State …

Foreword--A Symposium, L. Harold Levinson

Vanderbilt Journal of Transnational Law

We all owe a debt of gratitude to my colleagues, Professors Hal Maier and Jon Charney. Professor Maier founded the Vanderbilt Journal of Transnational Law as part of the law school's transnational law program. The first volume of the Journal was published, under his careful supervision, thirty-four years ago. His efforts, along with those of Professor Charney, enabled the Journal and the program to flourish. Their success in developing a publication and a program of the highest quality is demonstrated by the outstanding qualifications of the speakers at this Symposium. Thanks are due also to the student editors who organized …

Small World After All Or Ball Of Confusion? Some Thoughts On National Multijurisdictional Practice, Peter R. Jarvis

Vanderbilt Journal of Transnational Law

In a prestigious journal devoted to transnational law, the intramural concerns of American lawyers cannot claim pride of place. Nonetheless, it is difficult to see how we can clear the way for lawyers to move from nation to nation if we cannot move from state to state. Charity, as they say, begins at home. Either we are insular and protectionist or we are not. We cannot have it both ways.

As Prince Bismark noted, however, "Politics is the art of the possible." Like it or not, American lawyers are stuck with a system of state-based regulation for the foreseeable future. …

Symposium Address: The Role Of Lawyers In The Wto, James Bacchus

Vanderbilt Journal of Transnational Law

A final point I would make to students who are here today and about to go out into the legal world would be this: I have noticed that what I do is a bit controversial in some places. Why is that so?

It is because the world is changing and because, understandably, people have apprehensions about change. It is also because there is very little understanding of what it is that we are doing in Geneva. Consciously, and intentionally, I have spent my first years on the Appellate Body in silence. Vanderbilt is one of the few places where I …

Gats' Applicability To Transnational Lawyering And Its Potential Impact On U.S. State Regulation Of Lawyers, Laurel S. Terry

Vanderbilt Journal of Transnational Law

This Article examines the impact of the General Agreement on Trade in Services, or GATS, on legal services, and more specifically on the legal ethics rules in the United States. The Article begins by explaining background information about the global nature of legal services. Then, the Author details the structure and operation of the GATS, including its relevant exemptions, and its applicability to legal services. Next, the Article explores developments that have occurred since the signing of the GATS, including the possible significance to U.S. regulation of the legal profession. Subsequently, the Author identifies remaining questions about the effects of …

Abbott H. Thayer's Anticipation Of A Computer-Based Method Of Working, Roy R. Behrens

Faculty Work

This article describes the practice of Abbott H. Thayer (1849-1921) of working on several copies of the same painting, taking each to a different conclusion. It compares that method to the current computer-based practice of using the SAVE AS command to create copies of a digital artwork or design, which can then also be taken to different conclusions.

The Prayer Of The Holy Name In Eastern And Western Spiritual Traditions: A Theoretical, Cross-Cultural, And Intercultural Prayer Dialogue, E. James Baesler

Communication & Theatre Arts Faculty Publications

Investigates the Holy Name prayer from the perspectives of eastern Hindu and both eastern and western Christian spiritual traditions. Interpersonal prayer as spiritual communication; Historical and theoretical dialogue; Comparison of the method and function of Eastern and Western Holy Name prayer traditions.

Gabrielle Roy: An Annotated Bibliography And Guide To Studies About The Author And Her Works, Marjorie Benedict

University Libraries Faculty Scholarship

Gabrielle Roy (1909-1983) is one of Canada's most important 20th century women writers of fiction. Born in Saint-Boniface, Manitoba, a French-speaking community across the Red River from Winnipeg, Gabrielle was the youngest child in a large family. In 1929, after two years of training at the Winnipeg Normal Institute, she began a teaching career in Manitoba. Eight years later, she traveled to Europe to study dramatic art. There she began to develop her talent as a writer and wrote her first published articles. The outbreak of World War II in 1939 hastened her return to Canada where she settled in …

Pearson's Paradox : An Emergent Social Reality, Anthony Dews

Theses : Honours

In his speech The Light on the Hill Noel Pearson criticises the nature of contemporary social reality in Australia. In his view this social reality is co-dependent in portraying Indigenous Australians as victims and non-Indigenous Australians as guilty. The result has been the generation of a welfare mentality to the structural disadvantage of Indigenous Australians. I conclude that the debate Pearson has initiated is ongoing. This debate has adopted ideological overtones consistent with emphases on individual and community development and these emphases are emerging in policy. However I suggest that governments are seeking to divest responsibility for individual and community …

Living With Hepatitis C : A Literature Review, & The Physical, Psychological And Social Impacts Of Hepatitis C And The Effects On Quality Of Life, Narelle Cockman

Theses : Honours

Hepatitis C (HCV) is a blood borne virus that affects the liver. It has become one of the most widespread blood borne viruses in Australia, now reaching epidemic proportions within the population. Given that HCV is a chronic long-term illness, with long term effects, a positive diagnosis potentially impacts on various aspects of' a person's life. The aim of this paper was to review HCV related research to examine what it is like for people living with the virus and the possible personal and social impacts of a positive diagnosis. The nature of HCV, including current incidence and prevalence rates, …

Like A Banana Tree : Towards A Model Of Children In Disasters : An Exploration Of An Anthropological Problem, Jennie Anne Ricarda Marten

Theses : Honours

There is currently an emerging literature on the anthropology of disasters, and also an emergent literature on the new anthropology of childhood and children. Despite an extensive search, no significant body of literature on the anthropology of children in natural event based disasters could be found. A central focus of this thesis will be interrogate this gap through a documentary search, to ascertain what factors might influence the absence of children in the anthropology of disasters. To achieve this, the study defines and conceptualizes both the anthropology of disasters and the anthropology of children. Recent research shows that children are …

Psychological Sense Of Community : Adolescents' Response To Exclusion, Sharon J. Van Der Graaf

Theses : Honours

Since modernisation in western society, a number of changes have had a strong influence on the life of Adolescents'. This review examines adolescent development, particularly social role and identity formation, in relation to a changing social environment A brief historical overview is outlined to highlight how economic, political, and social changes have impacted on the development of the life phase, adolescence. The gap between childhood and adulthood is then defined to conceptualise adolescence as a social construction resulting from social changes. Social role and identity formation, and adolescent well-being are then addressed in response to social change. Factors including puberty, …

Sense Of Belonging In The School : Impact On Young Adolescents, Diane F. Broderick

Theses : Honours

The transitional nature of adolescence predisposes the adolescent to the effects of evolving biopsychosocial development changes. However, these transitional processes do not occur in isolation in the adolescent. Using a systems approach, this paper examined the issues surrounding adolescents' sense of belonging (SoB) at school. SoB was identified as a means of providing an understanding of belongingness as a linking and stabilising mechanism for adolescents as they successfully negotiate their biopsychosocial changes. SoB at school appears to be positively reflected in the adolescents' peer competencies, student-teacher relationships, motivation and achievement, participation skills, and the ability to relate to the school …

Video Compression Using Wavelets And Hierarchical Motion Estimation, Andrew Peter Byrne

Theses : Honours

This thesis investigates the benefits and the significant compression that can be obtained from data that has been decomposed using a wavelet transform. A video compression algorithm was developed that employs the wavelet transform and a hierarchical motion estimation algorithm which itself utilises benefits of the wavelet transform. Using MATLAB, a popular software tool for matrix based computation and analysis, several functions were developed which together formed the video compression algorithm. A variety of tests were conducted on a sample video sequence to ascertain the strengths and weaknesses of the techniques employed. The results, although not the same as the …

Indoor Radio Channel Of Bluetooth Technology, Kai Hock Charlie Khoo

Theses : Honours

This thesis discusses the findings of the final year project involving the characterisation of indoor radio channel specified by Bluetooth technology through theoretical analysis, simulations and actual measurements through field experiments. The concepts of indoor radio propagation effects and its statistical models arc explored. In addition, Bluetooth specifications are also studied and presented in Section 1. These provided a clear understanding of the radio propagation behaviour inside a building and the radio performance of Bluetooth specifications. Profound understanding of the propagation characteristics of the indoor radio channel is a major requirement for successful design of any indoor wireless communication systems. …