Digital Commons Network^™

The Recording Industry, Minimum Advertised Pricing Policies And Non-Price Vertical Restraints Of Trade, M. Courtney Mccormick

Vanderbilt Journal of Entertainment & Technology Law

This Note argues that the recording industry's cooperative advertising programs do not run afoul of federal antitrust laws and, in fact, promote interbrand competition. It examines the implications of the cooperative advertising programs adopted by record companies in light of current federal antitrust law. Contrary to claims made by the FTC, the recording industry's actions can withstand antitrust scrutiny because Minimum Advertised Pricing ("MAP") policies serve pro-competitive business purposes. As will be discussed in further detail below, the recording industry has a legitimate interest in pursuing policies that help traditional music retailers stay in business in the face of crippling …

Filmmakers Beware: Protecting Profits Through International Licensing Agreements, Harris E. Tulchin

Vanderbilt Journal of Entertainment & Technology Law

The discussion that follows provides a description of the typical license terms and a more in-depth treatment of three areas of primary importance to the agreement: (1) release requirements; (2) licensed rights terms; and (3) payment obligations. The agreement usually begins with a short description of the particular motion picture licensed, the title, and the key creative elements such as its stars, director, writer, and producer. It states the country or territory to which the motion picture is licensed. The agreement will generally provide for an overall term of a number of years from the availability of certain delivery materials, …

Privacy, Eh! The Impact Of Canada's Personal Information Protection And Electronic Documents Act On Transnational Business, Juliana M. Spaeth, Mark J. Plotkin, Sandra C. Sheets

Vanderbilt Journal of Entertainment & Technology Law

In 2002, the requirements imposed by PIPEDA will extend to encompass all personal health information. PIPEDA will ultimately extend to the collection, use, or disclosure of all personal information in the course of any commercial activity within a province in 2004. This change in Canadian law carries significant consequences for the general business practices of American companies that conduct, or may conduct, business with Canadians. It is therefore crucial for lawyers with clients collecting personal data on- and offline to familiarize themselves with its requirements in order to counsel clients effectively about their current and future obligations under this privacy …

Business Guide To Paper Reduction, Heather Sarantis

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Copping A Plea To Genocide: The Plea Bargaining Of International Crimes, Nancy Amoury Combs

Faculty Publications

No abstract provided.

2002-2003 Graduate Catalog, Morehead State University

Morehead State Catalog Archive

2002-2003 graduate catalog for Morehead State University.

2002-2003 Undergraduate Catalog, Morehead State University

Morehead State Catalog Archive

2002-2003 undergraduate catalog of Morehead State University.

New Death Penalty Debate: What's Dna Got To Do With It, James S. Liebman

Faculty Scholarship

The nation is engaged in the most intensive discussion of the death penalty in decades. Temporary moratoria on executions are effectively in place in Illinois and Maryland, and during the winter 2001 legislative cycle legislation to adopt those pauses elsewhere cleared committees or one or more houses of the legislature, not only in Connecticut (passed the Senate Judiciary Committee) and Maryland (where it passed the entire House, and the Senate Judiciary Committee) but in Nevada (passed the Senate) and Texas (passed committees in both Houses). In the last year, abolition bills have passed or come within a few votes of …

Endowment Effects Within Corporate Agency Relationships, Jennifer H. Arlen, Matthew L. Spitzer, Eric L. Talley

Faculty Scholarship

Behavioral economics is an increasingly prominent field within corporate law scholarship. A particularly noteworthy behavioral bias is the "endowment effect" – the observed differential between an individual's willingness to pay to obtain an entitlement and her willingness to accept to part with one. Should endowment effects pervade corporate contexts, they would significantly complicate much common wisdom within business law, such as the presumed optimality of ex ante agreements. Existing research, however, does not adequately address the extent to which people manifest endowment effects within agency relationships. This article presents an experimental test for endowment effects for subjects situated in an …

It's A Question Of Market Access, Kyle W. Bagwell, Robert W. Staiger, Petros C. Mavroidis

Faculty Scholarship

In this paper, we argue that market access issues associated with the question of the optimal mandate of the World Trade Organization should be separated from nonmarket access issues. We identify race-to-the-bottom and regulatory-chill concerns as market access issues and suggest that the WTIO should address these concerns. We then describe ways that WTO principles and procedures might be augmented to do so. As for nonmarket access issues, we argue that as a general matter these are best handled outside the WTO, and that, while implicit links might be encouraged, explicit links between the WTO and other labor and environmental …

Evaluating The Prevalence, Content And Readability Of Complementary And Alternative Medicine (Cam) Web Pages On The Internet, Smitha Sagaram, Muhammad Walji, Elmer Bernstam

Faculty, Staff and Student Publications

Complementary and alternative medicine (CAM) use is growing rapidly. As CAM is relatively unregulated, it is important to evaluate the type and availability of CAM information. The goal of this study is to deter-mine the prevalence, content and readability of online CAM information based on searches for arthritis, diabetes and fibromyalgia using four common search engines. Fifty-eight of 599 web pages retrieved by a "condition search" (9.6%) were CAM-oriented. Of 216 CAM pages found by the "condition" and "condition + herbs" searches, 78% were authored by commercial organizations, whose pur-pose involved commerce 69% of the time and 52.3% had no …

Comparing Communication Technology On Chinese, English, And Spanish Diabetes Web Sites, Yanko F Michea, Karen Pancheri, Yang Gong, Elmer Bernstam

Faculty, Staff and Student Publications

Technological and cultural factors influence access to health information on the web in multifarious ways. We evaluated structural differences and availability of communication services on the web in three diverse language and cultural groups: Chinese, English, and Spanish. A total of 382 web sites were analyzed: 144 were English language sites (38%), 129 were Chinese language sites (34%), and 108 were Spanish language sites (28%). We did not find technical differences in the number of outgoing links per domain or the total availability of communication services between the three groups. There were differences in the distribution of available services between …

Thirteen Ways Of Looking At The Law, Bert I. Huang

Faculty Scholarship

I was of three minds
Like a tree
In which there are three blackbirds.

The emergence of external disciplines within legal scholarship seems to have fractured its intellectual focus. Technical and specialized academic writing, moreover, appears to be drifting ever farther from the theaters of legal action. Judge Richard Posner's latest book of essays, Frontiers of Legal Theory, challenges such perceptions: Even as it celebrates the breadth of interdisciplinary legal scholarship, it seeks coherence among myriad methodologies. Even as it delights in the abstract constructs of social science, it emphasizes their practical impact. And as one might expect of Judge …

Economic Development, Competition Policy, And The World Trade Organization, Bernard Hoekman, Petros C. Mavroidis

Faculty Scholarship

At the recent WTO ministerial meeting in Doha, Qatar, WTO members called for the launch of negotiations on disciplines relating to competition, on the basis of explicit consensus on modalities to be agreed at the 5th WTO ministerial in 2003. Discussions in WTO since 1997 have revealed little support for ambitious multilateral action. Proponents of WTO antitrust disciplines currently propose an agreement that is limited to ‘core principles’ – nondiscrimination, transparency, and provisions banning ‘hard core’ cartels. We argue that an agreement along such lines will create compliance costs for developing countries while not addressing the anticompetitive behavior of firms …

The Storrs Lectures: Liberals And Romantics At War: The Problem Of Collective Guilt, George P. Fletcher

Faculty Scholarship

Somehow we in the West thought the age of war was behind us. After nuking Hiroshima, after napalming Vietnam, we had only distaste for the idea and the practice of war. The thought of dying for a noble cause, the pursuit of honor in the name of patria, brotherhood in arms – none of this appealed to us anymore. "I hate war and so does Eleanor," opined FDR in the oft-repeated lyrics of Pete Seeger. War became a subject for ironic disdain. As Tom Lehrer caught the mood of the 1960s: "We only want the world to know that …

100 Million Unnecessary Returns: A Fresh Start For The U.S. Tax System, Michael J. Graetz

Faculty Scholarship

We are now in a quiet interlude awaiting the next serious political debate over the nation's tax system. No fundamental tax policy concerns were at stake in the 2002 disputes over economic stimulus or the political huffing and puffing about postponing or accelerating the income tax rate cuts of the 2001 Act. Those arguments were concerned principally with positioning Democratic and Republican candidates for the 2002 congressional election, not tax policy.

But the coming decade, with its paint-by-numbers phase-ins and phaseouts of 2001 Act tax changes, the tax cuts waiting to spring into effect, and the sunset of the entire …

Opting For Real Death Penalty Reform, James S. Liebman

Faculty Scholarship

The capital punishment system in the United States is broken. Studies reveal growing delays nationwide between death sentences and executions and inexcusably high rates of reversals and retrials of capital verdicts. The current system persistently malfuinctions because it rewards trial actors, such as police, prosecutors, and trial judges, for imposing death sentences, but it does not force them either to avoid making mistakes or to bear the cost of mistakes that are made during the process. Nor is there any adversarial discipline imposed at the trial level because capital defendants usually receive appointed counsel who either do not have experience …

Collaborative Decision Making On Public Lands: An Analysis Of The Legal And Political Framework, Sydney F. Cook

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Call Of Spirit., William Homestead

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Transcriptional Regulation Of Fatty Acid Metabolism In Mouse Models Of Lipid Disorders., Eric Stephen Goetzman

All ETDs from UAB

No abstract provided.

The Structure And Dynamics Of High Density Lipoprotein Particles., Anthony Edward Klon

All ETDs from UAB

No abstract provided.

Health Promotion Behaviors Of Rural Women With Heart Failure., Carolyn S. Pierce

All ETDs from UAB

No abstract provided.

Predictors Of Spontaneous Lacerations In Primigravidae., Mary Alice Huss Poe

All ETDs from UAB

No abstract provided.

Negligent Actions Arising From Violent Acts In The Public And Private Schools., Joseph Winfield Redcross

All ETDs from UAB

No abstract provided.

Function Of Cd19 Tyrosines In Vivo., Yue Wang

All ETDs from UAB

No abstract provided.

Neuregulin Is A Novel Neurotrophic Factor For Murine Spinal Motoneurons., Richard James Pearson

All ETDs from UAB

No abstract provided.

Signaling Thrombospondin-Induced Intermediate Adhesion And Its Effect On Endothelial Cell Migration., Anthony Wayne Orr

All ETDs from UAB

No abstract provided.

A Social Space Approach To The Health Lifestyles Of Persons After Spinal Cord Injury., Louise R. Thibodaux

All ETDs from UAB

No abstract provided.

Oncostatin-M Production And Functions In The Central Nervous System., Pavle Repovic

All ETDs from UAB

No abstract provided.

Exploring The Potential Of Geographic Information Systems To Convey The Historical Geography Of Battlefields (An Iwo Jima Example), Raymond C. Backstrom

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.