Digital Commons Network^™

Almost Famous: Reality Television Participants As Limited-Purpose Public Figures, Darby Green

Vanderbilt Journal of Entertainment & Technology Law

This Note begins with an overview of the basic facets of privacy law, focusing on the tort of the public disclosure of private facts and its interaction with the First Amendment. Next, this Note explores the differences in rules for public, private, and involuntary public figures. The law of defamation is offered as a model for privacy law to emulate, specifically, the limited-purpose public figure created under Gertz and its progeny. Then, the issue of whether one's status as a public figure may diminish over the passage of time is considered. This Note posits that limited-purpose public figures should exist …

New Video Game: Japan's Video Game Producers Lose At The Litigation Game, Dan Rosen

Vanderbilt Journal of Entertainment & Technology Law

Video games present a legal problem that may be more difficult for courts to solve than the games themselves. In Japan, each court took a somewhat different approach. In its opinion, the Tokyo District Court tried to differentiate between movies and video games by focusing on the role of the audience. That court emphasized the fact that while movie audiences are passive and have no effect on the course of the movie, video game audiences actively affect the progression of the storyline. To illustrate the difference that the Tokyo Court emphasized, consider the Pokemon cast. They were originally characters in …

Writing To Change The World: Creating Critical And Relevant Texts In Secondary English Classrooms, Ernest Morrell

Language Arts Journal of Michigan

No abstract provided.

But What About Shakespeare? The Struggle Of Young Adult Literature To Survive, Elaine J. O'Quinn

Language Arts Journal of Michigan

No abstract provided.

Teaching Literature For Relevance, Mary Kay-Costa-Valentine

Language Arts Journal of Michigan

No abstract provided.

The E-Rated Industry: Fair Use Sheep Or Infringing Goat?, Christina Mitakis

Vanderbilt Journal of Entertainment & Technology Law

This Note explores the copyright issues presented by the litigation between companies that sanitize movies for viewing by the general public and the studios and directors involved in the creation of the edited movies. Collectively, these companies comprise what is generally referred to as the e-rated industry.' Certain companies within the e-rated industry use digital editing software to edit profanity, sex and violence from popular movies, while other companies provide software allowing viewers to edit their own DVDs. In all cases, this editing is done without the consent of the moviemakers. CleanFilms, which rents out e-rated movies, defines e-rated movies …

Justice Isn't Deaf--A Behind The Scenes Look At How Bijoux Records' Executives Discuss The Potential Liability For Violence, Renee M. Moore

Vanderbilt Journal of Entertainment & Technology Law

The music industry is an interesting phenomenon. It is a world that exists on image--and everyone has a say. For that very reason, the music industry is no stranger to critics. At its heart, they are what the industry is all about. Critics are the driving force in the business--their written and verbal exchange of ideas predicts the rise and fall of stars. Critics come in all shapes and sizes--they are the everyday consumer, the media at large, the hopeful artist, the record company executive, the legal scholar, and even our nation's government. This article will take you on a …

The Impact Of Digital Distribution On The Duration Of Recording Contracts, Revella Cook

Vanderbilt Journal of Entertainment & Technology Law

The success of digital distribution depends on various factors that shape today's music industry. Part I will examine the traditional method of releasing an album and its impact on the duration of recording agreements. This section will focus on the recent legislative debate within California and will illuminate problems regarding the duration of a standard recording contract. Part II investigates modern methods of distribution and whether digital distribution is a viable alternative for the retail of music. Part III discusses innovative marketing models that could reduce costs associated with an album's release. Part IV examines barriers that the music industry …

Teacher Perceptions Of Iowa Workshop Model Aspects Fostering Use Of Project Wet, Marcene Seavey

Dissertations and Theses @ UNI

State partners of national environmental education (EE) programs contribute to professional development in EE through their program delivery. This study describes teacher perceptions of individual elements of EE workshops provided by one such program, Iowa Project WET. The study found that educators associate three types of workshop activities with successful classroom integration of Project WET activities: ( a) Experiencing activities first-hand, (b) interacting with other educators, and (c) learning about the Project WET Activity and Curriculum Guide. Almost 90% of survey respondents integrate some of the activities they experience during the workshop into their classrooms. Some of these teachers also …

Recent Developments In Oklahoma Oil And Gas Law, Philip D. Hart

Oklahoma Law Review

No abstract provided.

Improving Reading Scores In A Low-Socioeconomic Environment, Bessie Karvelas

Abraham S. Fischler College of Education ETD Archive

This applied dissertation was designed to provide a better understanding of the reasons why Von Humboldt School has had a history of low reading scores. The school has a high mobility rate, which has made it difficult for any academic continuity. The students at the school are at a 94% poverty level with 64% Hispanic, 34% African American, and 2% Caucasian. The low-socioeconomic status of the students partially contributes to the low reading scores. There are other factors as well. The training that teachers had received in teaching reading also attributed to the low scores. Not enough time spent on …

Improving Grade 6 Reading Comprehension Skills At Dvorak Academy By Implementing A Reading Program, Leonard B. Moore

Abraham S. Fischler College of Education ETD Archive

This applied dissertation describes a reading literature-based program to increase reading achievement of Grade 6 students at Dvorak Academy, public school, located in Chicago, Illinois. Based on the skills analysis report of Iowa Tests of Basic Skills (ITBS) reading scores from 1999 through 2001, 64% of Grade 6 students averaged below the national 50th percentile.

Possible causes for the problem included (a) inappropriate reading instructional methods, (b) lack of student motivation in reading the required number of recreational reading books, and (c) lack of teacher preparation in teaching reading.

The goal of this applied dissertation was to improve reading by …

Nutrition Of Floricultural Crops: How Far Have We Come?, Ellen T. Paparozzi

Department of Agronomy and Horticulture: Faculty Publications

According to Seeley (1979), even though the Society for Horticultural Science was formed in 1903, it wasn't until the 1930s that research papers on the subject of floriculture were published in our journal. There were, however, numerous college and university bulletins about floricultural crops which included fertilizer studies (for example, Blake, 1915).

Despite the sluggish start, in the last 25 years, in the American Society of Horticultural Science's three journals (Journal of the American Society for Horticultural Science, HortScience, and HortTechnology) alone, there have been over 240 publications relating to the nutrition of floricultural crops. Journal such as …

Quality Assessment Of A Collaborative Approach For Decreasing Drug-Related Morbidity And Achieving Therapeutic Goals, Brian J. Issetts, Lawrence M. Brown, Stephen W. Schondelmeyer, Lois A. Lenarz

Pharmacy Faculty Articles and Research

Background Collaboration between physicians and pharmacists is one approach to address drug-related morbidity and achieve therapeutic goals. A collaborative practice of pharmaceutical care has been used in the Fairview Clinics System of Minneapolis-St Paul since 1999.

Methods The quality of therapeutic determinations made by pharmacists within this collaborative practice of pharmaceutical care was studied by a 12-member panel of physicians and pharmacists who used randomly selected patient records. This was a quality improvement and care process validation component of a study evaluating the effects of drug therapy management in patients receiving prepaid medical assistance. An implicit review process was used …

Human Cytomegalovirus Chemokine Receptor Us28-Induced Smooth Muscle Cell Migration Is Mediated By Focal Adhesion Kinase And Src, Daniel N. Streblow, Jennifer Totonchy, Patsy Smith, Ryan Melnychuk, Laurel Hall, Dora Pancheva, Martine Smit, Paola Casarosa, David D. Schlaepfer, Jay A. Nelson

Pharmacy Faculty Articles and Research

The human cytomegalovirus-encoded chemokine receptor US28 induces arterial smooth muscle cell (SMC) migration; however, the underlying mechanisms involved in this process are unclear. We have previously shown that US28-mediated SMC migration occurs by a ligand-dependent process that is sensitive to proteintyrosine kinase inhibitors. We demonstrate here that US28 signals through the non-receptor protein-tyrosine kinases Src and focal adhesion kinase (FAK) and that this activity is necessary for US28-mediated SMC migration. In the presence of RANTES (regulated on activation normal T cell expressed and secreted), US28 stimulates the production of a FAK Src kinase complex. Interestingly, Src co-immunoprecipitates with US28 in …

Thermoelectric Cooling At Cryogenic Temperatures, S. R. Harutyunyan, V. H. Vardanyan, A. S. Kuzanyan, V. R. Nikoghosyan, S. Kunii, K. S. Wood, Armen Gulian

Mathematics, Physics, and Computer Science Faculty Articles and Research

Experimental results demonstrating Peltier cooling below 10 K are reported, using crystals of the thermoelectric cerium hexaboride (CeB₆). Direct measurements of the Peltier cooling showed δT up to ∼0.2 K in magnitude at T∼4–5 K. All three kinetic parameters: resistivity (ρ), heat conductivity (k), and Seebeck coefficient (S), characterizing the thermoelectric figure of merit ZT=S²T/ρk, were measured, giving high-confidence results.

New Social Movements And The Struggle For Worker’S Rights In The Maquila Industry, Victoria Carty

Sociology Faculty Articles and Research

"Campaigns to improve worker’s rights in export processing zones (EPZs), also referred to the maquila industry in Latin America, is an important topic analytically and politically. On theoretical and practical levels, the co-existence of market economies with effective means to ensure adequate working conditions for workers is a critical question. Underlying the issue is a vigorous debate regarding how the global economy should be governed; who or what should govern it, and whose interest is should serve (Faux, 2002)."

Describing Support: A Qualitative Study Of Couples Living With Diabetes, Paula M. Trief, Jonathan G. Sandberg, Roger P. Greenberg, Keri Graff, Nina Castronova, Miyoung Yoon, Ruth S. Weinstock

Faculty Publications

Family and marital support have been shown to be associated with better treatment adherence, illness adaptation, and blood sugar control in studies of individuals with diabetes. However, the behaviors and attitudes that describe appropriate support have not been defined. This is a qualitative study which asked couples who live with diabetes to define support. Seventy-four individuals (patients and spouses) participated in semi-structured interviews. Transcripts of these interviews were rigorously coded and analyzed by a team of researchers. A sampling of quotes is provided. Helpful behavior was particularly evident in the areas of dietary control and regimen specific support, general relational …

Who Controls The Water? Yahweh Vs. Baal, Fred E. Woods

Faculty Publications

As the Israelites settled in the land of Canaan, clashes over religious beliefs and practices developed with other inhabitants of the land. Baalism, the belief in the Canaanite god of water and storm, became a threat to the true belief in Yahweh (Jehovah). This paper is an investigation of the implicit polemical usage of water and storm language in the Deuteronomic History (hereafter referred to as DH). The DH consists of the book of Deuteronomy as well as what is referred to in the Hebrew Bible as the Former Prophets (Joshua, Judges, Samuel, and Kings). Many passages in the Deuteronomic …

Blended Learning Environments Definitions And Directions, Russell T. Osguthorpe, Charles R. Graham

Faculty Publications

During the past decade the availability of computer technologies, such as the Internet, have greatly expanded the educational options available to learners and instructors alike. Innovative uses of technology have begun to blur the distinctions between traditional face-to-face and more recent distance learning environments. As the learning environments have been combined, many have recognized the inherent strengths and weaknesses associated with both.

“Rocky Mountain Entrepreneur: Robert Campbell As A Fur Trade Capitalist.”, Jay H. Buckley

Faculty Publications

Between 1825 and 1835 Robert Campbell emerged as a fur trade entrepreneur. Campbell served as clerk for Ashley-Smith, as brigade leader for Smith, Jackson, and Sublette, and supplier and financier for the Rocky Mountain Fur Company. Campbell quickly became a dominant figure in the American fur trade. In addition to leading fur brigades, Campbell and his partner William Sublette built several trading posts (most notably Fort Laramie), supplied the annual rendezvous, and challenged John Jacob Astor's American Fur Company on the Missouri River. Through it all, Campbell's business acumen helped him pursue economic opportunities that paved the way for future …

Diurnal Variation In The Basal Emission Rate Of Isoprene, Jennifer L. Funk, Clive G. Jones, Christine J. Baker, Heather M. Fuller, Christian P. Giardina, Manuel T. Lerdau

Biology, Chemistry, and Environmental Sciences Faculty Articles and Research

Isoprene is emitted from numerous plant species and profoundly influences tropospheric chemistry. Due to the short lifetime of isoprene in the atmosphere, developing an understanding of emission patterns at small time scales is essential for modeling regional atmospheric chemistry processes. Previous studies suggest that diurnal fluctuations in isoprene emission may be substantial, leading to inaccuracies in emission estimates at larger scales. We examined diurnal patterns in the basal emission rate of isoprene in red oak (Quercus rubra), eastern cottonwood (Populus deltoides), and eucalyptus (Eucalyptus saligna) and the influence of light and temperature on the magnitude of these diurnal patterns. Maximum …

Kuo Pao Kun: The Spirit Of The Eagle, Margaret Chan

Research Collection School of Social Sciences

Kuo Pao Kun (1939–2002) was the doyen of Singapore theatre and is considered by many as the most important figure in the nation’s cultural history. The author discusses the art of Kuo Pao Kun; his humanist theatre and his rigorous demands of artistic commitment.

Dynamical Evolutionary Psychology: Individual Decision Rules And Emergent Social Norms, Douglas T. Kenrick, Norman P. Li, Jonathan Butner

Research Collection School of Social Sciences

A new theory integrating evolutionary and dynamical approaches is proposed. Following evolutionary models, psychological mechanisms are conceived as conditional decision rules designed to address fundamental problems confronted by human ancestors, with qualitatively different decision rules serving different problem domains and individual differences in decision rules as a function of adaptive and random variation. Following dynamical models, decision mechanisms within individuals are assumed to unfold in dynamic interplay with decision mechanisms of others in social networks. Decision mechanisms in different domains have different dynamic outcomes and lead to different sociospatial geometries. Three series of simulations examining trade-offs in cooperation and mating …

Rights, Roles, And Reciprocity In Hindu Dharma`, Nancy M. Martin

Religious Studies Faculty Books and Book Chapters

"Hinduism offers both views of social relations – that of hierarchical complementarity and that of egalitarian complementarity. In what follows I will begin with a closer examination of the Hindu notion of dharma and the basis for these two views – hierarchical and egalitarian complementarity – within Hinduism, and then, disagreeing with Ambedkar, I will argue that Hinduism has a valuable contribution to make to global discourse on human rights, both (1) through the teachings of Hinduism which advocate non-violence and compassion and thus relativize the meaning of hierarchies of difference and (2) through the Hindu vision of human community …

Researching Bankruptcy Law On The Internet, Timothy L. Coggins

Law Faculty Publications

Attorneys researching bankruptcy law use a diverse collection of print resources to locate bankruptcy primary and secondary sources. Bankruptcy code provisions appear in Title 11 of the codified federal statutes, available either in the official U.S. Code (published by the U.S. Government Printing Office) or one of the two commercially published unofficial codes, U.S.C.A. (Thomson-West) and the U.S.C.S. (LexisNexis). Attorneys find bankruptcy rules and official forms (Rules 1-9036; Forms 1-35) in the same three sets. Researchers often find the unofficial codes preferable because they are annotated with case summaries and references to other materials and are supplemented more frequently than …

Public Health And The Built Environment: Historical, Empirical, And Theoretical Foundations For An Expanded Role, Wendy Collins Perdue, Lawrence O. Gostin, Lesley A. Stone

Law Faculty Publications

In 2000, the Center for Disease Control and Prevention's National Center for Environmental Health issued a report that explored some of the ways in which "sprawl" impacts public health. The report has generated great interest, and state health officials are beginning to discuss the relationship between land use and public health. The CDC report has also produced a backlash. For example, the Southern California Building Industry Association labeled the report "a ludicrous sham" and argued that the CDC should stick to "fighting physical diseases, not defending political ones."

In this environment, it is understandable if the CDC looks to such …

The Winchester Law School, 1824-1831, William Hamilton Bryson

Law Faculty Publications

On March 5, 1824, Henry St. George Tucker was elected by the General Assembly of Virginia to be the judge of the circuit superior court of chancery to sit in Winchester and Clarksburg. Tucker had built up a very successful law practice in Winchester, where he had settled in 1802 upon his admission to the bar. He had also built up a large family; he had six sons and two daughters as well as three children who died young. The elevation to the bench resulted in an increase in professional status, but it also resulted in a substantial decrease in …

Virtual Cross-Examination: The Art Of Impeaching Hearsay, John G. Douglass

Law Faculty Publications

Trial lawyers and judges are quite accustomed to courtroom battles over the admissibility of hearsay. But relatively few have much experience at challenging the credibility of hearsay. Once hearsay is admitted in evidence, even the ablest advocates typically proceed as if the hearsay battle were over, at least until the appeal. Few lawyers take advantage of the opportunities available to impeach the hearsay declarant. Consider the perspective of one experienced trial judge: I sometimes wonder at what seems to me the passing up of golden opportunities by the able advocate. Foremost among these lost opportunities is the virtual total neglect …

Detentions, Military Commissions, Terrorism And Domestic Case Precedent, Carl W. Tobias

Law Faculty Publications

Laura Dickinson's recent article in this journal substantially improves appreciation of how the United States has detained suspects and instituted military commissions as well as of the roles played by the controversial procedure and tribunals when fighting terrorism. She meticulously traces how detentions and the commissions evolved, trenchantly criticizes them, and persuasively shows international tribunals' comparative advantage. Dickinson accords relevant domestic case precedent a somewhat laconic analysis, however. For example, she briefly mentions separation-of-powers concerns and Supreme Court opinions that detentions and military commissions implicate while rather tersely assessing Ex parte Quirin, the Second World War decision on which …