Digital Commons Network^™

Uniform Computer Information Transactions Act: Bringing Commercial Law Into The 21st Century, Richard L. Grier, Nancyellen Keane, Peter A. Gilbert

Richmond Journal of Law & Technology

The e-commerce revolution has redefined the way business is transacted everywhere. Meanwhile, the body of commercial law lags behind the fast pace of technological changes and has yet to effectively address the numerous issues presented by radical changes in the world of commerce such as electronic contracts, electronic signatures, shrinkwrap agreements, and click-wrap agreements. In an effort to establish the Commonwealth of Virginia as a national leader on this subject, in 2000 the Virginia General Assembly passed the Uniform Computer Information Transactions Act ("UCITA"). UCITA legislation has been introduced in a handful of other states but the only other state …

Remarks On Ucita In Practice: Attorney Views, Richard Grier

Richmond Journal of Law & Technology

I agreed to talk about the default sections, which I'm going to talk about in just a minute. I learned this morning by listening to Mr. Ring, the default sections take up two-thirds of the Act. And I didn't realize that when I agreed to take up the default sections, but actually that's okay because the other thing I found during the day is that practically every other speaker you have heard has talked about default sections. Most of what I have to tell you, you've heard a little piece of already. What's different, though, is that I want to …

Letter From The Editor, Paul A. Fritzinger

Richmond Journal of Law & Technology

Welcome to Volume 8, Issue 2 of the Journal. In this issue, the authors address three very diverse topics of national and international significance: the liability of internet service providers for copyright infringement, the taxation of e-commerce, and the applicability of the fair use doctrine to instant messaging software. Each of these topics deals with issues that can, and ultimately will, have widespread effects on the use and growth of the Internet.

Masthead

Richmond Journal of Law & Technology

No abstract provided.

Internet Service Provider's Liability For Copyright Infringement- How To Clear The Misty Indian Perspective, V.K. Unni

Richmond Journal of Law & Technology

Only a fool would question the role and relevance of Internet Service Providers in promoting the Internet. But, unfortunately, Internet Service Providers ("ISPs") are at the receiving end of many disputes involving Intellectual Property violations. The difficulty in pinpointing the real culprit has resulted in a piquant situation where the Internet Service Provider is often taken to court. United States' courts and courts of other advanced countries have confronted this issue since 1993 and have finally enacted specific legislation to solve this mind-boggling issue. The Indian Information Technology Act 2000 ("The Act"), enacted with much hype, is almost silent on …

Is The Whole Greater Than The Sum Of Its Parts? The Applicability Of The Fair Use Doctrine To The New Breed Of Instant Messaging Software, Haydn J. Richards Jr.

Richmond Journal of Law & Technology

Imagine: you are preparing your fifteen-year high school reunion. When you were in high school, two rival bands played at dances. Everyone at school knew the bands and most students enjoyed the music. Like most music groups, neither band obtained a recording contract with a record label. You are not aware that during a garage practice session, the bands' members recorded some of their songs. Of these songs, only a few scratchy recordings remain. You decide that you are going to search the Internet to see whether you can find any copies of the songs that would enthuse and delight …

Comparison Of Safety Knowledge Transfer In Employees From Oscar-Ma Yer Davenport Using Computer-Aided And Traditional Methods Of Training Delivery, Barbara L. Durant

Abraham S. Fischler College of Education ETD Archive

Developments in the use of technology in computing and telecommunications have created a demand in the workplace for individuals with advanced sets of skills. Due to these developments there has been an increase in the range of options in training design and delivery. The problem prompting this study was that it was unknown if the computer-aided instruction (CAI) was an effective means to deliver the necessary safety knowledge.

The purpose of this study was to assess the effectiveness of computer-based training (CBT) versus the traditional lecture method. The research hypothesis for the study was; "Is there a significant difference in …

Development Of Plan To Establish Safety Committees At Miami-Dade Water And Sewer Department, Holly A. Word

Abraham S. Fischler College of Education ETD Archive

The problem under investigation was that it was unknown that the absence of safety committees could influence workers' compensation costs to Miami-Dade Water and Sewer Department. The purpose of this study was to develop a plan to establish safety committees. This plan may promote employee participation by increasing safety awareness that may reduce the overall rate of employee injuries. The research question for this study was, " What should be included in a plan to establish safety committees at Miami-Dade Water and Sewer Department?"

Deliberations of formative and summative committees were established to develop criteria of the safety committee program …

Comparison Of Reading Levels Of Students In A Computer Assisted Instructional Reading Program To Students In A Traditional Reading Program, Raquel Chin

Abraham S. Fischler College of Education ETD Archive

The problem for this study was no available data documenting the impact of the computer assisted instruction (CAI) program on the reading levels of students in Pines Middle School's eighth grade reading program. Previous studies have suggested that students in CAI reading programs do increase their reading levels.

The research question for this study was "Will students participating in the computer assisted instruction reading program achieve significantly higher reading levels, as determined by the STAR assessment, than students instructed in the traditional reading program?" The quasi-experimental research methodology was applied because the investigator compared treatment effects in a setting that …

Development Of A Diagnostic Assessment System To Improve The Motn Ation Of Admitted Students To Matriculate Into The Nursing Program At D’Youville College, Francis R. Dunphy

Abraham S. Fischler College of Education ETD Archive

Forensic Science Associates (FSA) is a Virginia law enforcement training school. The problem is that FSA wishes to expand! the scope of its operation and! sees opportunities in training international police. Currently it does not have a program for such training. The purpose of this project was to develop a plan to offer courses designed to be attractive, useful, and contemporary, to train international police educators at FSA.

There were four research questions for this project First, "What are the training needs of international law enforcement agencies that FSA could provide for effectively?" Second, "What are the appropriate elements to …

Development Of A Workshop To Prepare Nursing Students At Northwest College To Communicate Effectively With Low Literate Patients, Leslie A. Oja

Abraham S. Fischler College of Education ETD Archive

The problem existing at Northwest College was effective communication with low literate patients was not integrated into the nursing curriculum. The purpose of this study was the development of a workshop for nursing students to learn effective communication skills with low literate patients. There were six research questions. First, "What is the best model for developing a workshop including the assessment of educational needs?" Second, what are the components of a needs assessment for low literate patients? Third, what content is needed for developing a workshop? Fourth, what format will be needed for a workshop? Fifth, what is the best …

Development Of A Strategic Plan To Integrate Leadership And Management Concepts Throughout Frankford Hospital School Of Nursing Curriculum With Plans For Implementation And Evaluation, Jo Ann Runewicz

Abraham S. Fischler College of Education ETD Archive

The problem is that a gap exists between the Frankford Hospital School of Nursing (FHSN) curriculum design, increased National Council Licensure Examination for Registered Nurses (NCLEX-RN) passing standards, and the revised NCLEX-RN examination that has integrated leadership and management concepts. The FHSN curriculum design does not adequately prepare students to address leadership and management concepts that are being tested on the NCLEX-RN.

The purpose of this project was to develop a strategic plan to integrate leadership and management concepts throughout the FHSN curriculum. A plan for implementation and evaluation was also developed. The following five research questions were addressed: (1) …

Improving And Enhancing The Afterschool Program At Brookside School, William E. Kayal

Abraham S. Fischler College of Education ETD Archive

This report explains the progress of a program for participants who benefited more than the typical nonparticipants in an afterschool extended-day program. Schubert (1997) stated, "To develop school experience that genuinely engage students and teachers in citizenship, gives meaning and direction to their lives" (p. 82). Results of the study showed that the participants' development was a complex process about the natural reciprocity between self and others with an emphasis on building relationships and providing programs to support student needs. The staff members have always demonstrated through modeling that students are the school's first priority.

Students commented that staff interest …

Improving Teacher Intern Self-Evaluation Through The Use Of Preservice Experience, Pamela Sanders

Abraham S. Fischler College of Education ETD Archive

This practicum involved an analysis of the relationship between preservice experience and the self-evaluation of teaching ability of 1st-year teacher interns in the Chicago Public Schools (CPS). The preservice experience was part of the Teachers For Chicago (TFC) program. The practicum took place at an elementary and a high school in the CPS that implemented the program between July 2000 and June 2001.

As part of the practicum, a survey was developed by the researcher and the program's independent evaluator. The 110 selected teacher interns in the practicum were a heterogeneously mixed group of aspiring educators with common beginning teaching …

Teaching Children How To Learn: A Program To Teach Self-Regulation Skills, Connie C. Lawrence

Abraham S. Fischler College of Education ETD Archive

This report describes an intervention to train teachers how to instruct and support self-regulated learning in the classroom. An analysis of 4th- and 7th-grade student responses on a modified Motivated Strategies for Learning Questionnaire (Pintrich, Smith, Garcia, & McKeachie, 1991) revealed that, although 43% of the students indicated that they always or almost always use some self-regulation skills, 23% stated that they never or almost never use them. In a private school where the mission is to equip future learners, 50% of the students should be using self-regulation skills all or most of the time. An analysis of the teaching …

How Can Increasing Parent Involvement Improve Student Performance In Reading And Math?, Mary O. Jones

Abraham S. Fischler College of Education ETD Archive

In 2000, parents were less likely to be involved in school than in the previous decade. Increasing parent involvement may be related to improved student performance and prevention of poor performance in students. This practicum was conducted at 1 elementary school in a small, rural school district to investigate how to increase parent involvement and how that increased involvement would affect student performance in reading and mathematics.

Teachers were surveyed about school needs and identified parent involvement as the needed area of improvement. Parents were surveyed about participation in the school, and a set of strategies was designed to involve …

Development Of A Pediatric Specialization Track In The Occupational Therapy Program At College Misericordia, Lalit J. Shah

Abraham S. Fischler College of Education ETD Archive

The problem under investigation was that there were no classes offered that culminated into a specialization track in the occupational therapy (OT) curriculum. The purpose of this applied dissertation project was to develop a specialization track in pediatrics in OT curriculum at College Misericordia that would provide students with multiple options to complete their educational requirements and also provide specialized training.

There were four research questions for this study: ''What are the advantages of a specialization in pediatrics at College Misericordia?" "What are appropriate components to be included in the development of a specialization program in pediatrics at College Misericordia?" …

Development Of An Associate Of Applied Science Degree In Interpreting For The Deaf At The Community College Of Southern Nevada, Sandra L. Workman

Abraham S. Fischler College of Education ETD Archive

The associate of applied science degree in deaf studies has been in place since 1 994 and 4 is transferrable as a prerequisite toward a four-year deaf studies degree. The Community College of Southern Nevada (CCSN) has the only deaf studies program in the state. If a student wants to pursue a degree in interpreting for the deaf, the student must go out of state. In July, 1 997, the governor of Nevada signed a law stating that American Sign Language is a fully developed, autonomous, natural language with distinct grammar, syntax, and art forms. However, the current administrations at …

Learning Through Service In A Clinical Setting: The Effect Of Specialization On Social Justice & Skills Training, Antoinette M. Sedillo Lopez

Faculty Scholarship

Arguing against the trend toward specialization in clinical legal education, this essay addresses potential limitations of specialized legal clinics in furthering the dual mission of clinical legal education: social justice and skills training. It points out that specialized clinics limit access to justice by leaving the myriad needs of clients partially unmet. They limit students' learning about the complex needs of clients and students' ability to discover broad inequities in the legal system. Specialization makes it more difficult to train students to be creative problem solvers, and affects their professional socialization

Editor's Introduction, Durwood Ball

New Mexico Historical Review

No abstract provided.

Full Issue, New Mexico Historical Review

New Mexico Historical Review

No abstract provided.

Tierra Mestiza, Tierra Sagrada: An Indo-Hispano Heritage Revealed, Enrique R. Lamadrid, Miguel Gandert

New Mexico Historical Review

No abstract provided.

In Passing: J. Manuel Espinosa, Joseph P. Sanchez, Jose Manuel Espinosa Jr.

New Mexico Historical Review

No abstract provided.

In Passing: Robert W. Kern, Meredith D. Dodge

New Mexico Historical Review

No abstract provided.

The Business Purpose Doctrine And The Sociology Of Tax, Joseph Bankman

SMU Law Review

No abstract provided.

Foreword, Nathan L. Hecht

SMU Law Review

No abstract provided.

Technology Risks And Liabilities: Are You Covered?, Robert M. Roach Jr., Daniel L. Mckay

SMU Law Review

No abstract provided.

In Search Of Coverage In Cyberspace: Why The Commercial General Liability Policy Fails To Insure Lost Or Corrupted Computer Data, Paula M. Yost, Paul E.B. Glad, William T. Barker

SMU Law Review

No abstract provided.

"Offer For Sale" - Patent Infringement Lawsuits: New Opportunities For Insurance Coverage, New Controversies, David A. Gauntlett

SMU Law Review

No abstract provided.

Federal Rights Of Publication - Eighth Circuit Holds That The Portion Of Eighth Circuit Rule 28a(I) Which Says That Unpublished Opinions Are Not Precedent Is Unconstitutional-Anastafoff V. United States, 223 F.3d 898 (8th Cir. 2000), Catherine K. Rentzel

SMU Law Review

No abstract provided.