Digital Commons Network^™

How Copyright Got A Bad Name For Itself, Jane C. Ginsburg

Faculty Scholarship

This Essay does not attempt a comprehensive review of recent U.S. copyright legislation and caselaw. Instead, it offers an analytical framework that will allow me to be both informative and opinionated. I propose first to expose some examples of the kind of copyright owner overreaching that has correctly given copyright a bad name. I then will argue that not all the bad publicity is deserved. Rather, much of the last years' legislation and caselaw, instead of overreaching, appropriately reaches out to address new problems prompted by new technologies, so as to strike a happier balance between copyright owner, intermediary, and …

Illegalized Sexual Dissent: Sexualities And Nationalisms, Katherine M. Franke

Faculty Scholarship

In this essay, Katherine Franke explores how dissent becomes a different, and in some ways more interesting, phenomenon when the dissenter emerges not from outside the political horizon drawn by the state, but rather from within it, and as an integral part of the state's project of governance. In these cases, the state calls up a set of subjects who are in some fundamental sense positioned to gain state, if not public, disfavor. These subjects are then isolated, excised or otherwise managed in ways that further state interests. Three cases are discussed in which the production of sexual outlaws proves …

Playing Favorites With Shareholders, Stephen J. Choi, Eric Talley

Faculty Scholarship

One of the most vexing historical debates in corporate law concerns whether regulations or markets are better equipped to address managerial agency costs within public corporations. Although corporate law scholars have traditionally favored immutable legal imperatives as an elixir for misaligned incentives,an increasing number of commentators place greater faith in market mechanisms to accomplish the same task. While many such mechanisms operate simultaneously (including markets for output, labor, and capital), perhaps none has received more attention than the oft-celebrated "market for corporate control" as a means for achieving deterrence. By providing a constant and credible risk of hostile acquisitions, the …

Constructing The Practices Of Accountability And Professionalism: A Comment On In The Interests Of Justice, Susan Sturm

Faculty Scholarship

In the Interests of Justice: Reforming the Legal Profession lives up to its ambitious title. Deborah Rhode comprehensively surveys the structural problems confronting the legal profession, from its subscription to the "sporting theory of justice" to its preoccupation with profit. The book also lays bare the failure of legal education and the professional regulatory system to confront the roots of these structural problems.

I must confess that reading the book felt like a whirlwind tour of the legal profession's inevitable problems. In part, this perception grew out of the sheer range of economic, institutional, and structural factors contributing to the …

From Having Copies To Experiencing Works: The Development Of An Access Right In U.S. Copyright Law, Jane C. Ginsburg

Faculty Scholarship

This essay addresses how current U.S. copyright law responds to new forms of distribution of copyrighted works, through the emerging right to control digital access to copyrighted works, as set out in § 1201 of the 1998 Digital Millennium Copyright Act. When the exploitation of works shifts from having copies to directly experiencing the content of the work, the author's ability to control access becomes crucial. Indeed, in the digital environment, without an access right, it is difficult to see how authors can maintain the exclusive Right to their Writings that the Constitution authorizes Congress to secure. Even if Congress …

Smart Growth And American Land Use Law, Richard Briffault

Faculty Scholarship

The smart growth movement that emerged in the late 1990's seeks to change the way Americans think about growth, development, and urban planning. From a legal perspective, smart growth directly challenges several fundamental aspects of American land use law.

Substantively, smart growth attacks two goals that have been hallmarks of American land use law for more than three-quarters of a century: (1) decongestion, that is, reducing population density and dispersing residents over wider areas; and (2) the separation of different land uses from each other. Both decongestion and separation of uses were enshrined in the Standard Zoning Enabling Act …

Establishing An Environment Of Safeness At Deborah Cannon Wolfe Elementary School, Dorothy E. Khonyongwa

Abraham S. Fischler College of Education ETD Archive

This report describes a program that was implemented to ensure an orderly and safe learning environment at a rural elementary school with a student population of approximately 285. An informal assessment of the school building and grounds revealed that the students were exposed to an unsafe and insecure school environment.

Planned solution strategies included (a) a school safety assessment, (b) an updated school safety plan, (c) a safety initiative team, (d) student and teacher safety training, and (e) the purchase of basic school safety equipment. These intervention strategies involved parents, students, teachers, administrators, and other community stakeholders. The process began …

Positive Attitudes Lead To Success: An Intervention Program For Elementary Discipline-Challenged Male Students, Phyllis Clark-Freeman

Abraham S. Fischler College of Education ETD Archive

Positive Attitudes Lead to Success: An Intervention Program for Elementary Discipline-Challenged Male Students

This dissertation describes the Positive Attitudes Lead to Success Club (PALS), a program designed to help 20 5th-grade male students in an elementary school of 760 students improve their behavior and achieve academic success. An analysis of the Discipline Report data for the last 3 years reveals that Campostella Elementary (CES) has had an unacceptable amount of referrals by the standards set forth by Norfolk Public Schools (NPS) for unacceptable behavior. These 20 students have received 80% of all referrals for the past school year. Such information …

Increasing The Reading Levels Of Students To Prevent The Risk Of Retention, Diane O'Mara

Abraham S. Fischler College of Education ETD Archive

This applied dissertation was designed to provide. an overview of a reading intervention program for at-risk 2nd grade students at a public elementary school. The school system lacked intervention programs to assist at-risk readers. Therefore, students were either retained or promoted without intervention programs.

The researcher developed a reading intervention program for 10 at-risk second grade students. The goal of the program was to increase reading levels so that the students could be promoted to Grade 3. Local college students tutored the students 3 times per week for 30 minutes each session. Each child was provided with an individualized reading …

A Design For The Infusion Of State Mandated Technology Standards Into A Teacher Education Credentialing Program, Paul F. Massmann

Abraham S. Fischler College of Education ETD Archive

This applied dissertation was designed to infuse state mandated technology standards into the curriculum of a small university accredited to grant teaching certification. The state recently revised its requirements for the entire credential process. In doing so, they developed a much more demanding set of technology standards than those currently in place in the program. This new set of requirements included not only specific standards to be met by the credential candidate, but required the faculty to model these standards in their traditional face-to-face classes. The goal was to effectively implement these new standards.

The solution had two distinct tracks. …

Grilles D'Autodiagnostic En Santé Et En Sécurité Du Travail : Guide D'Utilisation, Danièle Champoux, Jean-Pierre Brun

Guides

No abstract provided.

Grille D'Autodiagnostic En Santé Et En Sécurité Du Travail : Chariots Élévateurs, Danièle Champoux, Jean-Pierre Brun

Guides

No abstract provided.

Grille D'Autodiagnostic En Santé Et En Sécurité Du Travail : Cisailles, Danièle Champoux, Jean-Pierre Brun

Guides

No abstract provided.

Grille D'Autodiagnostic En Santé Et En Sécurité Du Travail : Gréage Et Appareils De Levage, Danièle Champoux, Jean-Pierre Brun

Guides

No abstract provided.

Grille D'Autodiagnostic En Santé Et En Sécurité Du Travail : Manutention À L'Aide D'Équipement Roulant Non Motorisé, Danièle Champoux, Jean-Pierre Brun

Guides

No abstract provided.

Common Law Courts In An Age Of Equity Procedure: Redefining Appellate Review For The Mass Tort Era, Melissa A. Waters

Scholarship@WashULaw

From expansion of tort liability rules, to novel claims aggregation and settlement techniques, to statistically derived liability and damages assessments, mass tort litigation is producing unprecedented innovations at every level of the federal legal system. What is particularly striking about these innovations is that they are almost exclusively the product of a handful of federal trial judges who specialize in mass tort cases. Because appellate courts lack the necessary tools to supervise their decisions, these few mass tort trial judges are shaping the rules that govern the mass tort legal regime with little or no appellate supervision. The result is …

How The Seizure Of Counterfeit Goods Can Go Bad. Waco International V. Khk Scaffolding, Et. Al., Michael Coblenz

Minnesota Journal of Law, Science & Technology

No abstract provided.

Why Can't The Poor Access Lifesaving Medicines? An Exploration Of Solving The Patent Issue, Samantha Shoell

Minnesota Journal of Law, Science & Technology

No abstract provided.

Niche Market And Customer Analysis For The Introduction Of A Potential New Pharmaceutical Product In Peninsular Malaysia, Jeyalakshmi Rajan

Student Works (2000-2009)

Benign Prostatic Hyperplasia (BPH) is a non-cancerous condition in which the number of prostate cells increases, causing the gland to enlarge. Nearly all men develop BPH If they live long enough and about half would develop symptoms of BPH. Company A's product is one of three drugs competing for the BPH market. In view of the slow growth of its product, Company A was considering launching a new formulation. Thus, a customer and market evaluation was essential to understand the market and develop relevant marketing strategies for such a launch. The major objectives of this study were to: (a) determine …

Evidence Of Short-Run Persistence In Unit Trusts Performance In Malaysia, Chien Hwa Chong, Puay Eng Kho

Student Works (2000-2009)

The objective of this research is to determine whether there is statistical evidence in performance persistence of Malaysia unit trusts. Tests for performance persistence is also tests for weak form market efficiency of unit trusts in Malaysia. The study is also of practical value since performance persistence indicates that past performance is good prediction of future performance. If there was statistical evidence on performance persistence, then Investors should select the unit trusts to invest based on past performance of the unit trusts. Both parametric and non-parametric statistical tests were carried out to test for performance persistence. Parametric tests employed the …

A Retrospective Cohort Study Of Workers' Compensation Indicators From An Occupational Safety And Health Perspective, Alan D. Verdonk

Theses: Doctorates and Masters

Since 1984 the role of the government in Western Australia, has changed in relation to occupational safety and health. This study considers the effect of the occupational safety and health legislation using workers' compensation accident data. Academic and general staff accident data from a Western Australian University were researched. The time period is 20 years- 1979 through 1998 inclusive. 2,773 worker's compensation claims were analysed using Mann Whitney -U tests and cross-tabulations of safety prevention expenditure against the claims. The work environment provides the full spectrum of workplace activities ranging from domicile duties (student housing services) to heavy machinery work …

Cash Flow Statement : An Empirical Study Of Voluntary Disclosure Practices Of Malaysian Companies, K. Ranchethamalar K.

Student Works (2000-2009)

Cash flow is a critical business solvency measure. The mandatory disclosures on cash flow statements do not provide all the necessary information to evaluate an entity's performance, liquidity and solvency. No prior studies so far, have thoroughly discussed the merits of providing additional information and relating it to firm specific variables. This study has two purposes. The first purpose is to provide empirical evidence on direct and indirect method of presenting operating cash flows. The second part of the study provides empirical evidence on the voluntary disclosure practices of Malaysian companies as encouraged by MASS 5 and relating it to …

Better Organization's Performance In Local Commercial Banking Industry Through Strategic Balance Strategy, Seng Wah Ling

Student Works (2000-2009)

Similarity among firms has received a great deal of attention in strategic management and organization theories. Past researches observed that firms face pressures to be different and to be the same. By differentiating, firms reduce competition. By conforming, firms demonstrate their legitimacy. Both reduced competition and legitimacy improve performance. This study addresses the performance consequences of firm-level strategic similarity with Strategic Balance Strategy, which states that moderately differentiated firms have higher performance than either highly conforming or highly differentiated firms. This study examines the relative performance of local commercial banks in Malaysia from 1995 to 2000. The study investigates whether …

Role And Status Of Elderly In The Family : A Case Study In Kampung Sg. Kayu Ara, Yeong An Gan

Student Works (2000-2009)

The purpose of this study is to understand the role and status of the respondents in the family as well as in the society and community. The study looks at among others, their health status; economic participation and contribution; and participation in social and other community activities. The result of this study shows that many older persons remain able and capable. Due to lack of activities at the local level, many older persons are compelled to retire to their own home. They are also ignorance about their own sickness especially when they have limited financial resources. Simple health checks and …

Strained Quantum Well Heterostructure : Modeling And Simulation Of 980 Nm Laser, Yew Mun Hung

Student Works (2000-2009)

This thesis concerns the study of a strained quantum well laser diode emitting at wavelength of about 980 nm which is suitable for pumping Er³⁺ doped fiber amplifiers. The concept of a strained quantum well in the design of the active medium of the laser diode is discussed. A model is proposed that incorporates features of the physical structural factors and characteristics of the structure. The theoretical background linked directly to the simulation of the model is to provide calculations and derivations of the optical properties of the modeled structure. Theoretical calculations were made taking into account the variation of …

Quality Of Tap Water In 20 Selected Areas In Selangor, Christine Boon Hwee Ong

Student Works (2000-2009)

The quality of tap water is becoming of great concern to the public all over the wor1d. However, this study only covers the issue of tap water in Selangor and public's reactions towards it. Many of us question whether our tap water is clear, clean and safe enough for consumption. To many of us, the water problem that we face is acid water, contains iron and minerals, bacteria and it is hard water. Acid water Is a real problem nowadays as the environment gets more and more polluted due to gas emitted from industries, for example S02 and CO2. Acid …

Organisational Diagnostics And Planned Organisational Change : An Application Of An Adapted Version Of Soft System Methodology ; The Case For A Private Healthcare Institution, Patricia Rita Nunis

Student Works (2000-2009)

THE RESEARCH PROJECT

This is an exploratory, qualitative study that utilises an adapted version of Soft Systems Methodology developed by Dr Mohd. Yusof Omar, to conduct an organisational diagnosis and plan interventions for change for a complex organisation. The target of the study was the 15-member senior management team of Subang Jaya Medical Centre (SJMC). Data was collected over a period of 8 months (Jan-Aug 2001), via participant observation using the framework of action research.

THE FINDINGS

It was determined that the organisation exhibited borderline capability to weather anticipated changes in the future, due to the composition of its current …

Faktor Yang Mempengaruhi Pasaran Wang Di Malaysia Serta Kesannya Ke Atas Dasar Kewangan, Azlina Abd. Aziz

Student Works (2000-2009)

Penyelidikan ini bertujuan untuk mengkaji foktor-faktor yang mempengaruhi pa.saran wang di Malaysia, khususnya bagi permintaan dan penawaran wang serta kesannya ke atas pelaksanaan dasar kewangan di Malaysia. Agregat kewangan M1, M2 clan M3 sebagai pembolehubah bergantung bagi permintaan dan penawaran wang. Bagi melihat apakah faktor yang mempengaruhi permintaan wang, sebanyak lima pembolehubah bebas digunakan yang terdiri daripada pendapatan benar, kadar diskaun purata Bil Perbendaharaan 3 bulan, kadar inflasi, hasil Bil Perbendaharaan Amerika Syarikat 3 bulan dan jangkaan kadar depresiasi. Bagi pen.awaran wang, antara petunjuk yang digunakan sebagai pembolehubah bebas terdiri daripada pendapatan benar, kadar bunga deposit bermasa 6 bulan di …

Penyimpangan Bahasa Dalam Karya Kreatif : Kajian Terhadap Novel Tok Guru Dan Di Hadapan Pulau, Mat Hassan Abdullah

Student Works (2000-2009)

Kajian ini merupakan satu kajian yang bersifat terapan, iaitu menghubungkan rumus-rumus tatabahasa dengan pelaksanaan rumus-rumus tersebut dalam penulisan karya sastera. Tujuan utama kajian ini ialah meninjau penyimpangan bahasa dalam karya sastera (prosa) yang dipilih. Kajian ini melibatkan penyimpangan tatabahasa, morfologi, dan sintaksis. Kajian ini dilakukan terhadap dua buah novel pilihan karya Sasterawan Negara, ialtu Tok Guru, karya Shahnon Ahmad dan Di Hadapan Pu/au, karya A. Samad Said. Kajian ini menggunakan kerangka Tatabahasa Transformasi-Generatif sebagai model analisis. Kajian dijalankan berdasarkan kajian kepustakaan dan analisis teks. Dapatan analisis membuktikan bahawa sememangnya berlaku penyimpangan bahasa dalam karya sastera. Dalam Di Hadapan Pu/au, dengan …

A Study Of Benjamin Graham's Stock Selection Criteria In The Kuala Lumpur Stock Exchange, Lee Fah Thong

Student Works (2000-2009)

The fundamentalists believe that all securities have an intrinsic value, which can differ from its market price and eventually. the market price of a security will gravitate towards its true value. Graham believed that even though securities market could be overall efficient. any conscientious investor could gain superior returns through pockets of inefficiencies by paying close attention to investment fundamentals and taking advantage of undervaluation and mispricing of individual securities. He also proposed ten selection criteria to identify underpriced securities. The study aims to investigate whether the portfolios formed using Grahams selection criteria could achieve superior performance in the Kuala …