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2003

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Pop Goes The Commercial: The Evolution Of The Relationship Between Popular Music And Television Commercials, Nora Miles Jan 2003

Pop Goes The Commercial: The Evolution Of The Relationship Between Popular Music And Television Commercials, Nora Miles

Vanderbilt Journal of Entertainment & Technology Law

Although the use of new pop songs in commercials is a recent development, the fact that music plays an important role in advertising is certainly not news. Music is and has always been an integral part in nearly all commercial advertising campaigns. Since the advent of radio and television the consumer public has been exposed to marketing through music. In order to understand the implications of the trends in music advertising, this note examines the more traditional schemes of music in advertising. To that end, there are several different routes an advertiser can choose when selecting music for a particular …

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Lack Of Copyright Term Harmony With The European Union Strikes A Sour Chord For Performing Artists And Labels, Alisa Roberts Jan 2003

Lack Of Copyright Term Harmony With The European Union Strikes A Sour Chord For Performing Artists And Labels, Alisa Roberts

Vanderbilt Journal of Entertainment & Technology Law

Everyday, more performing artists and labels in the United States lose a valuable revenue stream as their sound recordings fall into the public domain in the European Union (E.U.). While the rights of authors, composers, visual artists, and even film directors are protected under the E.U.'s copyright scheme for the life of the author plus seventy years, "related rights"--which include sound recordings--receive protection for a term of only fifty years. The fifty-year term, established by a 1993 European Union Council Directive ("Directive"), is not only lacking synchrony with author's rights within the E.U., but also puts the term of protection …

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Making A Mountain Out Of A Mogul: Jeremy Bloom V. Ncaa And Unjustified Denial Of Compensation Under Ncaa Amateurism Rules, Gordon G. Gouveia Jan 2003

Making A Mountain Out Of A Mogul: Jeremy Bloom V. Ncaa And Unjustified Denial Of Compensation Under Ncaa Amateurism Rules, Gordon G. Gouveia

Vanderbilt Journal of Entertainment & Technology Law

This Note argues that the NCAA's interpretation of the amateurism provisions of the NCAA Division I Manual, with respect to Jeremy Bloom, is unreasonable, particularly in light of the NCAA's treatment of other dual-sport professional athletes. Consequently, the NCAA should create an exception to its amateurism provisions allowing Bloom and similarly-situated student-athletes to earn income from sources unrelated to the amateur sport in which they compete. Furthermore, since the NCAA Bylaws constitute a contract to which student-athletes are third-party beneficiaries, courts should provide a forum to ensure the consistent and equitable application of the provisions of that contract. Part I …

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Major League Baseball's Answer To Salary Disputes And The Strike:, Brien M. Wassner Jan 2003

Major League Baseball's Answer To Salary Disputes And The Strike:, Brien M. Wassner

Vanderbilt Journal of Entertainment & Technology Law

Initially, this paper will briefly consider arbitration in general and then discuss the evolution of FOA and its implementation into MLB salary disputes. This paper will thereafter analyze the praises and criticisms of FOA, and establish that FOA is a superior mechanism for resolving salary disputes in professional sports because the FOA system is designed to facilitate negotiation and settlement rather than to resolve the dispute subsequent to adversarial hearings.

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Almost Famous: Reality Television Participants As Limited-Purpose Public Figures, Darby Green Jan 2003

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 …

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New Video Game: Japan's Video Game Producers Lose At The Litigation Game, Dan Rosen Jan 2003

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 …

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Teaching Literature For Relevance, Mary Kay-Costa-Valentine Jan 2003

Teaching Literature For Relevance, Mary Kay-Costa-Valentine

Language Arts Journal of Michigan

No abstract provided.

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Beliefs About The Appropriate Degree Of Directiveness In The Management Relationship, As Related To Demographic Characteristics, Educational Background, And Organizational Position, Janet L. Pershing Jan 2003

Beliefs About The Appropriate Degree Of Directiveness In The Management Relationship, As Related To Demographic Characteristics, Educational Background, And Organizational Position, Janet L. Pershing

Harold L. Hodgkinson Award for Outstanding Dissertation

Correlations between beliefs about management and age, gender, nationality, level of education, education field, functional area, and hierarchical level were examined. Analyses were conducted at the ecological level and focused on beliefs regarding appropriate degree of directiveness in the managerial relationship. Two thousand staff members of an international intergovernmental organization received an electronically distributed written survey. Factor analysis was used to develop summated rating scales for each independent variables. Differences between subgroup means were then examined using ANOVA or t tests. The strength of the association between the independent variables and a common scale was assessed using eta squared. Directiveness …

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Fiduciary Duty: Can It Help Calm The Fears Of Underpaid Artists?, Wendy Bartholomew Jan 2003

Fiduciary Duty: Can It Help Calm The Fears Of Underpaid Artists?, Wendy Bartholomew

Vanderbilt Journal of Entertainment & Technology Law

The purpose of this note is to examine the legal causes and consequences of what many consider poor label accounting practices, and to propose a solution: imposing a duty on record labels to correctly and transparently collect and distribute artist royalties. If labels operate under a fiduciary duty to their artists when receiving and paying royalties, artists will get paid what they are due. If they are not, artists will have viable remedies available to them--remedies that create an incentive for labels to make positive changes in the way they handle royalty accounting. This will, in turn, work to repair …

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Is There Judicial Recourse To Attack Spammers?, Ashley L. Rogers Jan 2003

Is There Judicial Recourse To Attack Spammers?, Ashley L. Rogers

Vanderbilt Journal of Entertainment & Technology Law

This Note will discuss the issue of non-commercial spam through the prism of a case recently decided by the California Supreme Court, Intel v. Hamidi. Until recently there was no federal regulation for unwanted electronic communication and common law was the only potential solution. Part I of this Note will discuss the nature of spam, focusing on the distinction between commercial e-mail and bulk e-mail and the importance therein. Part II will detail the history and the legal doctrine of trespass as it applies to the Internet. Part III will summarize the case of Intel v. Hamidi as it struggled …

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Justice Isn't Deaf--A Behind The Scenes Look At How Bijoux Records' Executives Discuss The Potential Liability For Violence, Renee M. Moore Jan 2003

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 …

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The Impact Of Digital Distribution On The Duration Of Recording Contracts, Revella Cook Jan 2003

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 …

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Teacher Perceptions Of Iowa Workshop Model Aspects Fostering Use Of Project Wet, Marcene Seavey Jan 2003

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 …

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Managing Assets: The Oklahoma Uniform Principal And Income Act, Mark R. Gillett, Katheleen R. Guzman Jan 2003

Managing Assets: The Oklahoma Uniform Principal And Income Act, Mark R. Gillett, Katheleen R. Guzman

Oklahoma Law Review

No abstract provided.

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Oil & (And) Gas Law: Royalty Valuation: Rogers V. Westerman Farm Co.: Burdening Lessees With An Implied Duty To Deliver Gas To A Marketable Location, Adam Marshall Jan 2003

Oil & (And) Gas Law: Royalty Valuation: Rogers V. Westerman Farm Co.: Burdening Lessees With An Implied Duty To Deliver Gas To A Marketable Location, Adam Marshall

Oklahoma Law Review

No abstract provided.

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New Developments In Oklahoma Business Entity Law, Gary W. Derrick, Irving L. Faught Jan 2003

New Developments In Oklahoma Business Entity Law, Gary W. Derrick, Irving L. Faught

Oklahoma Law Review

No abstract provided.

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Family Law: Third Party Custody After Baby Girl L. And A.G.S.: Now Where Are We?, Robert G. Spector Jan 2003

Family Law: Third Party Custody After Baby Girl L. And A.G.S.: Now Where Are We?, Robert G. Spector

Oklahoma Law Review

No abstract provided.

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Legal And Professional Ethics: The Regulation Of Ancillaries And Law-Related Services Reaches Oklahoma, D. Kencade Babb Jan 2003

Legal And Professional Ethics: The Regulation Of Ancillaries And Law-Related Services Reaches Oklahoma, D. Kencade Babb

Oklahoma Law Review

No abstract provided.

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Parsing The Meaning Of Adverse Employment Action In Title Vii Disparate Treatment, Sexual Harassment, And Retaliation Claims: What Should Be Actionable Wrongdoing?, Rosalie Berger Levinson Jan 2003

Parsing The Meaning Of Adverse Employment Action In Title Vii Disparate Treatment, Sexual Harassment, And Retaliation Claims: What Should Be Actionable Wrongdoing?, Rosalie Berger Levinson

Oklahoma Law Review

No abstract provided.

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Dignity: The New Frontier Of State Sovereignty, Scott Dodson Jan 2003

Dignity: The New Frontier Of State Sovereignty, Scott Dodson

Oklahoma Law Review

No abstract provided.

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Promote Health & Fitness: Increase Physical Activity, Jane Edwards Jan 2003

Promote Health & Fitness: Increase Physical Activity, Jane Edwards

Extension Publications (unnumbered)

Unnumbered publication of NDSU Extension.

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Estate Planning In North Dakota: The Basics Part 3: Wills And Probate, Debra Pankow, Judith E. Howard Jan 2003

Estate Planning In North Dakota: The Basics Part 3: Wills And Probate, Debra Pankow, Judith E. Howard

FE Series – Family Economics/HDFS

No abstract provided.

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Optimal Entanglement Generation From Quantum Operations, Matthew S. Leifer, L. Henderson, N. Linden Jan 2003

Optimal Entanglement Generation From Quantum Operations, Matthew S. Leifer, L. Henderson, N. Linden

Mathematics, Physics, and Computer Science Faculty Articles and Research

We consider how much entanglement can be produced by a nonlocal two-qubit unitary operation, UAB—the entangling capacity of UAB. For a single application of UAB , with no ancillas, we find the entangling capacity and show that it generally helps to act with UAB on an entangled state. Allowing ancillas, we present numerical results from which we can conclude, quite generally, that allowing initial entanglement typically increases the optimal capacity in this case as well. Next, we show that allowing collective processing does not increase the entangling capacity if initial entanglement is allowed.

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Thermoelectric Cooling At Cryogenic Temperatures, S. R. Harutyunyan, V. H. Vardanyan, A. S. Kuzanyan, V. R. Nikoghosyan, S. Kunii, K. S. Wood, Armen Gulian Jan 2003

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.

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Architecture And Biophilia: Creating Spaces That Promote A Positive Affiliation With Nature And The Living World, Jenny Sjoquist Jan 2003

Architecture And Biophilia: Creating Spaces That Promote A Positive Affiliation With Nature And The Living World, Jenny Sjoquist

Architecture Theses

The outdoors and its natural elements have become a growing interest to me in the last couple of years – especially the reasons why people are attracted to them. I believe one of the major reasons is to escape everyday life, the chaos of the city, in search for relaxation and a sense of well-being. Trees, water, wildlife, and natural scenery in general, are some of the things that evoke these certain feelings and relieve stress in peoples’ lives. There are many reasons people escape to the great outdoors, including release from stresses of city life, being closer to nature, …

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New Social Movements And The Struggle For Worker’S Rights In The Maquila Industry, Victoria Carty Jan 2003

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)."

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Parenting Skills And Social-Communicative Competence In Childhood, Craig H. Hart, Lloyd D. Newell, Susanne Frost Olsen Jan 2003

Parenting Skills And Social-Communicative Competence In Childhood, Craig H. Hart, Lloyd D. Newell, Susanne Frost Olsen

Faculty Publications

The ways that children implement social and communication skills in peer-group interaction provide the foundation for successful later life adjustment (Rubin, Bukowski, & Parker, 1998). Research findings suggest that a host of variables are involved (Hart, Olsen, Robinson, & Mandleco, 1997). These include family processes involving marital and sibling relationships, parenting (e.g., Dunn, 2002; Hart, Nelson, et al., 2000; Stafford & Bayer, 1993), biologically based genetic and temperament factors (e.g., Pike, 2002; Plomin & Rutter, 1998; Sanson, Hemphill, & Smart, 2002), and extrafamilial influences, including the peer group, schools, media, and culture (e.g., Hart, Yang, Nelson, Jin, & Nelson, 1998; …

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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 Jan 2003

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 …

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The Aqueous Phase Yield Of Alkyl Nitrates From Roo+No: Implications For Photochemical Production In Seawater, Elizabeth E. Dahl, Eric S. Saltzman, Warren J. De Bruyn Jan 2003

The Aqueous Phase Yield Of Alkyl Nitrates From Roo+No: Implications For Photochemical Production In Seawater, Elizabeth E. Dahl, Eric S. Saltzman, Warren J. De Bruyn

Biology, Chemistry, and Environmental Sciences Faculty Articles and Research

Alkyl nitrates have been observed in remote oceanic regions of the troposphere and in the surface ocean. The mechanism for their production in the oceans is not known. A likely source is the reaction of ROO + NO (where R is an alkyl group). Steady-state laboratory experiments show that alkyl nitrates are produced in the aqueous phase via this reaction, with branching ratios of 0.23 +/- 0.04, 0.67 +/- 0.03, and 0.71 +/- 0.04 for methyl, ethyl, and propyl nitrate respectively. The branching ratios in aqueous solution are significantly higher than in the gas phase. Irradiation of surface seawaters yield …

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Kuo Pao Kun: The Spirit Of The Eagle, Margaret Chan Jan 2003

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.

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