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Two Wrongs Making A Right: Using The Third And Ninth Circuits For A Uniform Standard Of Fame In Federal Dilution Law, Scott Harvison

Seattle University Law Review

This Comment contains six main parts. Part II analyzes the Lanham Act of 19461 and the likelihood of confusion standard, which led to the enactment of the FTDA. Part III briefly examines the history of dilution and then looks at the FTDA. Part IV focuses on the FTDA's legislative history and intent. In light of the discussion in the foregoing parts, Part V examines differing interpretations of fame as demonstrated by the decisions by the Third and Ninth Circuits, which illustrate and incorporate the differing interpretations of the FTDA among other circuits. In Part VI, this Comment concludes by proposing …

Casebooks Are Toast, Robert Laurence

Seattle University Law Review

Into the fine spinach salad that is this Symposium on commercial law casebooks comes a grain of sand. An annoying defect in the total presentation. A distracting flaw that should not take away from the value of the remainder of the mix, but somehow does. For I am the one whose job it is to say that casebooks as a genre are dying, soon, I think, to become extinct. "Dinosaurs," a prior generation would have called them; "toast" in modern parlance. The future of law school teaching materials lies on the Web.

Washington State's Return To Indeterminate Sentencing For Sex Offenses: Correcting Past Sentencing Mistakes And Preventing Future Harm, Jennifer M. Mckinney

Seattle University Law Review

The Washington legislature's return to indeterminate sentencing corrects its original mistake of setting fixed sentences for sex offenders with no supervision after release. Unlike the present civil commitment system, indeterminate sentencing preventatively detains offenders in the criminal system, protects the public, and ensures more control over offenders following their prison terms. Indeterminate sentencing provides a more efficient and effective alternative to the civil commitment process. Section II will briefly discuss the progression of sex offender sentencing from the original parole system to the present changes, and why past structures were instituted and later modified or repealed. Furthermore, Section II will …

Revisiting Erie, Guaranty Trust, And Gasperini: The Role Of Jewish Social History In Fashioning Modern American Federalism, Daniel R. Gordon

Seattle University Law Review

This article explores the connection between traditional Jewish localism and the creation of modern American federalism that flows from the Erie doctrine. First, the riddle of Gasperiniis explored. Next, the federalist philosophies of Justices Brandeis and Frankfurter in Erie and Guaranty Trust are discussed. Finally, the article analyzes how Justices Brandeis, Frankfurter, and Ginsburg, as twentieth century American Jews, embody the traditional Jewish minority experience that, at least in part, was informed by anti-Semitism.

Analysis Of A Dual Tapered Meander Slot Antenna, Cuthbert Martindale Allen

Electronic Theses and Dissertations

No abstract provided.

Development And Characterization Of Hot-Melt Extruded Polymeric Films Containing Lidocaine, Kavitha Gutta

Electronic Theses and Dissertations

No abstract provided.

Uses Of Intelligent Agents In The Development Of Online Tutoring Systems, Timothy L. Holston

Electronic Theses and Dissertations

No abstract provided.

A Personal Iconography, Michael I. Eble

Electronic Theses and Dissertations

No abstract provided.

The Effect Of Cultural Self-Construal Priming On Responses To Value-Based Scenarios, David Jerome Dalsky

Electronic Theses and Dissertations

No abstract provided.

The Potlikker Papers : An Explication And Rumination On The Potlikker And Cornpone Debate Of 1931 With Illustrative Asides, John T. Edge

Electronic Theses and Dissertations

No abstract provided.

Ground Penetrating Radar At Hollywood, John Norman Peukert

Electronic Theses and Dissertations

No abstract provided.

Characteristics Of Domestic Violence Offenders : Associations With Childhood Exposure To Violence, Amy Rebekah Epstein Murrell

Electronic Theses and Dissertations

No abstract provided.

The Man Sitting Down Is Playing A Mountain Dulcimer : The Changing Face Of The Appalachian Mountain Dulcimer, Mary Kathleen Boland

Electronic Theses and Dissertations

No abstract provided.

The Generalized Effects Of Behavioral Parent Training Among Parents Of Children With Autism, Tisha J. Baldwyn

Electronic Theses and Dissertations

No abstract provided.

Writing Across Racial Boundaries In American Literature : Women And Cross-Racial Friendships / By Latonya L. Todd, Latonya L. Todd

Electronic Theses and Dissertations

No abstract provided.

Fracture Patterns Of Fire Cracked Rock, An Analysis Of Artifacts From The Batesville Mounds, 22pa500, Panola County, Mississippi / By John Sullivan, John Sullivan

Electronic Theses and Dissertations

The excavations at Batesville Mound sites recovered a large quantity of artifacts. Fire Cracked Rock (FCR) was the major artifact type, if not sheer in weight certainly in number. Much research is being done in Texas, Michigan, Oregon and other states that have helped archaeologists to determine the different ways heated rocks fracture. Rocks will fracture in regular patterns depending on the rate and method of heat loss or gain. The patterns are expansion (dry) and compression (wet) fractures. A large amount of FCR in the mound fill and very little in the village area suggests that the mound refuse …

Child Abuse : Alternative Styles Addressed In The Concept For And Rehearsal Of A Production Of Sam Shepard's Buried Child / By Mary Katherine Simons, Mary Katherine Simons

Electronic Theses and Dissertations

No abstract provided.

2002-2003. Catalog., Hope College

Hope College Catalogs

No abstract provided.

Development Of China’S Legal System Will Strengthen Its Mediation Programs, Deborah Chow

Cardozo Journal of Conflict Resolution

China’s mediation system would improve in overall fairness and effectiveness, if it developed a more just and predictable legal system. This system should be one in which its citizens and foreign businesses could confidently pursue enforcement of their rights under various Chinese laws, international norms, and international treaties. This paper will examine: (1) the roots of China’s mediation program, including discussions about the strong Confucian, Maoist, and legal influences; (2) China’s modern mediation systems; (3) weaknesses of the current mediation system; (4) the benefits for mediation through the development of China’s legal system; and (5) possible methods to aid the …

A Uniform National System Of Mediation In The United States: Requiring National Training Standards And Guidelines For Mediators And State Mediation Programs, Brien Wassner

Cardozo Journal of Conflict Resolution

The necessity for establishing a uniform system of mediation training for mediators in the United States is evidenced by the inconsistencies in both the training of mediators throughout the country and the roles assumed by mediators during mediation. The more formal conception of mediation can be traced back to the 1976 Pound Conference, however mediation in general is much older than twenty-six years, and has since continuously evolved. Moreover, the concept of mediation, as defined by statute, training, and thereafter, licensing, varies amongst the states as well. Mediation provides a viable alternative to the rigid state and federal judicial systems’ …

Resistance Of Tripsacorn To Sitophilus Zeamais And Oryzaephilus Surinamensis, James E. Throne, Mary W. Eubanks

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

One strategy that has been used to find germplasm for developing improved plant varieties is to test ancestral germplasm for the desired traits. Although the progenitors of commercial maize are not known, a hybrid (called Tripsacorn) developed from a perennial teosinte, Zea diploperennis, and eastern gamagrass, Tripsacum dactyloides, resembles the earliest known samples of primitive domesticated maize. We tested resistance of whole Tripsacorn to the primary storage pest (primary storage pests can infest intact kernels) the maize weevil, Sitophilus zeamais Motschulsky (Coleoptera: Curculionidae), and resistance of ground Tripsacorn to the secondary storage pest (secondary pests usually cannot infest …

Killing Of Mycobacterium Avium Subspecies Paratuberculosis Within Macrophages, John P. Bannantine, Judith R. Stabel

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Background: Mycobacterium avium subspecies paratuberculosis (M. paratuberculosis) is a facultative intracellular pathogen that resides within host macrophages during infection of ruminant animals. We examined survival of M. paratuberculosis infections within cultured macrophages to better understand the interplay between bacterium and host.

Results: Serial plating of M. paratuberculosis infected macrophage lysates on Herold's egg yolk medium showed that mycobacterial replication takes place between 0 and 24 hours post-infection. This initial growth phase was followed by a steady decline in viability over the next six days. Antibodies against M. paratuberculosis were affinity purified and used in conjunction with transmission electron microscopy to …

Growing Rice Grain With Controlled Cadmium Concentrations, Urszula Kukier, Rufus L. Chaney

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Two solution studies were conducted a) to investigate the uptake of zinc (Zn) and cadmium (Cd) by rice plants (Oryza sativa L.) and interaction between these elements, and b) to determine experimental conditions for growing rice grain with desired Cd concentration for an animal feeding study. In both studies, free metal activities of cadmium and cationic microelements were buffered by an excess of chelating agents. The first study was a factorial design with two Zn levels (1.0 and 3.89 μM) and four Cd levels (0.81, 1.44, 2.56 and 4.55 μM) in the solution. In the second study, rice was …

Kura Clover And Birdsfoot Trefoil Response To Soil Ph, L. R. Dehaan, M. P. Russelle, C. C. Sheaffer, N. J. Ehlke

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Use of the rhizomatous perennial forage legume kura clover (Trifolium ambiguum M. Bieb.) has been limited by slow establishment. Mature kura clover responds to liming on some acid soils, but the soil pH required for vigorous growth of young plants is unknown. A factorial greenhouse experiment was conducted with two kura clover cultivars (Rhizo and Endura) and one cultivar of birdsfoot trefoil (Lotus corniculatus L., Norcen) planted in three soil types (Sartell loamy fine sand, Hubbard loamy sand, and Sanborg clay loam) amended with Ca(OH)₂ to obtain six soil pH levels. The experiment was performed twice, once …

Quantifying Laboratory And Field Variability To Assess Potential For Carbon Sequestration, R. A. Bowman, J. D. Reeder, B. J. Wienhold

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Accurate measurements of soil organic carbon (SOC) levels are essential to assess changes in C sequestration rates. To this end we conducted studies to evaluate laboratory variability in SOC concentration measured at USDA-ARS laboratories in Akron, CO, Cheyenne,WY, and Lincoln, NE. At the Akron laboratory we also evaluated field spatial variability within common cropping treatments in order to assess the potential to quantify significant changes in SOC content associated with rotations of varying cropping intensities. Our data showed very low coefficients of variation for SOC values from each of the three laboratories, and the same average SOC values for soils …

Use Of Nonsettable Eggs To Evaluate Turkey Hen Fertility, M. R. Bakst, S. Mcgary, I. Estevez, T. Knapp

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

The use of nonsettable eggs (checked, cracked) to perform fresh egg breakouts to estimate true fertility and to assess the rate of sperm penetration of the perivitelline layer overlying the germinal disc was evaluated. Germinal discs and the perivitelline layer overlying the germinal disc were accessible for assessments. The stage of blastodermal development positively correlated (r = 0.65, P < 0.0001) with eggshell thickness. It was also determined that the perivitelline layer of nonsettable eggs could be isolated and stained to determine the presence or absence of sperm holes. True fertility of nonsettable eggs (checked and cracked only) and settable eggs was 90 and 95%, respectively. It was concluded that checked and cracked eggs could be used to estimate the true fertility of a flock.

Phenotypic Traits As Reliable Indicators Of Fertility In Male Broiler Breeders, S. Mcgary, I. Estevez, M. R. Bakst, D. L. Pollock

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Genetic selection procedures applied to improve broiler performance may negatively impact the subsequent reproductive efficiency of breeders, particularly in males. Identification of traits that reliably indicate individual male fertility would facilitate selection for reproduction. We hypothesized that physical traits, such as comb area, relative testicular weight, and testicular weight asymmetry, may correlate with fertility in two male-selected primary broiler breeder strains (A and B). Thirty males per strain, individually housed with an average of 10 females, were evaluated at five age periods within the 30-to-50-wk breeding cycle. Flock fertility by candling eggs at Day 19 of incubation and sample fertility …

Mutual Interference Of Pheromone Traps Within Trap Lines On Captures Of Boll Weevils (Coleoptera: Curculionidae), Thomas W. Sappington

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Traps baited with the synthetic aggregation pheromone of the boll weevil (Anthonomus grandis Boheman) are often used to monitor population fluctuations, distribution, and behavior. However, many factors generate variability in daily captures, making interpretation of trapping data difficult. Previous studies have shown that wind speed in the microenvironment around a trap can greatly affect numbers captured on a given day. It is possible that variation in air movement may also generate variation in trap captures through its effects on the pheromone plume. The current study was conducted to determine whether five traps placed in a line at two commonly …

Nitrogen Fertilization Of Irrigated Corn In A High Residual Soil N Environment In The Arkansas River V Alley, Ardell D. Halvorson, Frank Schweissing, Curtis Reule

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

High levels of residual soil NO₃-N are present in the soils in the Arkansas River Valley where melons and other vegetable crops are produced. The amount of N fertilizer required to optimize the yield potential of crops, such as corn, following vegetables needs to evaluated to reduce NO₃-N leaching potential in the Valley where high NO₃-N levels have been reported in the ground water. This study evaluated the effects of N fertilizer rate (0, 50, 100, 150, 200, and 250 lb N/a) and N source (urea and Polyon®³) on corn yields following …

One Plus One Equals Three: The Synergistic Effects Of Crop Rotation On Soil Fertility And Plant Nutrition, Walter E. Riedell, Joseph L. Pikul Jr., Lynne Carpenter-Boggs

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Corn grown under annual corn-soybean crop rotation has greater accumulation of certain mineral nutrients and higher yields than corn grown in monoculture. This study was conducted to determine if complex crop rotations (with legumes in the rotation as alfalfa hay as well as soybean row crops) and different levels of agriculture chemical input affect soil fertility and corn mineral nutrient composition. The effects of crop rotation [monoculture corn, corn-soybean 2-yr rotation, corn-soybean- wheat underseeded with alfalfa-alfalfa 4-yr rotation] and input level [high input (fertilizer application for 8.15 Mg ha^-1 yield goal, prophylactic herbicide and insecticide application, fall moldboard plow/spring …