Digital Commons Network^™

Decent Exposure: Evolution Of The Female Gaze, Jill Silverstein

Theses

Not Included

Leadership Formation For Building Healthier Congregations In Brazil , Helio C. Alves

ATS Dissertations

No abstract provided.

A Brief History Of Author-Publisher Relations And The Outlook For The 21st Century, Maureen A. O'Rourke

Faculty Scholarship

The Fiftieth Anniversary Edition of the Journal of the Copyright Society of the U.S.A. provides a particularly appropriate forum in which to discuss the current state of the copyright system. By some accounts, U.S. copyright law has been fabulously successful, encouraging the growth of industries whose copyrighted products both enrich American culture and contribute significant value to the economy.

Darwin, Design, And Disestablishment: Teaching The Evolution Controversy In Public Schools, Jay D. Wexler

Faculty Scholarship

The controversy over teaching evolution in public schools is once again hot news. Ever since the Supreme Court decided in 1987 that Louisiana could not constitutionally require teachers to give equal time to teaching creation science and evolution, critics of evolution have adopted a variety of new strategies to change the way in which public schools present the subject to their students. These strategies have included teaching evolution as a "theory" rather than as a fact, disclaiming the truth of evolutionary theory, teaching arguments against evolution, teaching the allegedly nontheistic theory of intelligent design instead of creationism, removing evolution from …

An Incentives Approach To Patent Settlements: A Commentary On Hovenkamp, Janis & Lemley, Maureen A. O'Rourke

Faculty Scholarship

Professors Hovenkamp, Janis, and Lemley have attempted to clarify one of the most vexing issues facing antitrust and intellectual property law today: What analytical framework should antitrust authorities and courts use in considering whether patent settlement agreements in infringement cases violate the antitrust laws? The issue is complex because many ostensibly anticompetitive restraints in settlement agreements are perfectly legal if the underlying patent right is valid. Unfortunately, in some cases, the relevant patents are either invalid or not infringed. Thus, the antitrust analysis hinges on resolution of an intellectual property question.

Ballot Boxes Behind Bars: Toward The Repeal Of Prisoner Disenfranchisement Laws, Debra Parkes

All Faculty Publications

This paper takes seriously the objection that allowing prisoners to vote may have an impact on the outcome of elections or on the development of law and policy, given the extraordinarily high incarceration rate currently a reality in the United States. The reality that prisoners may have an impact on the outcome of elections is an argument in favour of allowing them to vote rather than against it. A progressive critique or constitutional challenge of prisoner disenfranchisement should call attention to the instrumental, as well as symbolic and constitutive functions of voting, and must defend the importance of having the …

Copyright As Tort Law's Mirror Image: "Harms", "Benefits", And The Uses And Limits Of Analogy, Wendy J. Gordon

Faculty Scholarship

This pair of papers involves a reprinting of "Of Harms and Benefits: Torts, Restitution, and Intellectual Property," 21 J. LEGAL STUDIES 449 (1992), along with an introduction to that article for students, entitled "Copyright as Tort's Mirror Image". Both involve comparisons between statutory intellectual property law and common law doctrines.

"Copyright as Tort's Mirror" uses personal injury law to introduce students to copyright, making a link between the doctrines through the notion of "externalities". Just as tort law discourages wastefully harmful behavior by making perpetrators bear some of the costs inflicted, copyright law encourages beneficial behavior by enabling authors to …

Corporate Fraud: See, Lawyers, Susan P. Koniak

Faculty Scholarship

The accounting profession must bear a good deal of responsibility for the current wave of corporate scandals, as must those CEOs whose watchword was greed, lackadaisical directors, projections-for-hire investment analysts, banks selling methods designed to deceive, and institutional investors asleep at the switch. One set of villains, however, have managed thus far to float beneath the radar screen and thus escape the lion-sized portion of blame that should rightly be laid at their door: lawyers.

A Review Of The Endocrine Disrupting Properties Of The Organochlorine Pesticides, And A Critique And Comparison Of The Laws And Regulations Governing Their Usage In The United States And The European Union., Kent Mitchell

Theses

Introduction to the effects of organochlorine based pesticides on the immune system so as to better understand the importance of governmental restrictions put on their usage

Hygiene Factors Contributing To Alumni Satisfaction In Attending Rochester Institute Of Technology's Service And Hospitality Management Masters Of Science Degrees From 1988 To 1997, Charles Iv Farran

Theses

Prior to this study there have been no alumni satisfaction studies of the Department of Food, Hotel and Tourism Management Masters Degree Programs from Rochester Institute of Technology. The purpose of this study is to determine the level of satisfaction of alumni and the impact hygiene factors have on alumni satisfaction. The initial element of the procedures was to conduct research. This research was accomplished through a review of pertinent literature. The review of literature was followed by the establishment of goals and parameters for this study. A survey was mailed to all the graduates of the F.H.T.M. masters programs. …

Effective And Economical Development And Implementation Of Environmental Performance Evaluation In Small And Medium Size Enterprises, Hyunkee Bae

Theses

Nowadays, diverse interested parties - non-governmental organizations (NGOs), regulators, investors, customers, and other stakeholders are demanding more meaningful information about organizations' environmental performances. Regardless of whether or not many companies have a certified Environmental Management System (EMS) inplace, they are becoming increasingly interested in Environmental Performance Evaluation (EPE) as an effective decision-making tool for managing the environmental aspects of their activities, products and services. While large companies have created diverse procedures, methods, and criteria depending on each organization's unique situation, Small and medium size Enterprises (SMEs) typically do not have enough resources to create and develop the evaluation procedures, criteria, …

An Approach To Operational Control Determination For The Small Or Medium Size Organization, Dawn Collins

Theses

The purpose of this work was to design and assess an effective approach for a small or medium size organization to determine appropriate operational controls for its significant environmental aspects as part of developing and implementing an ISO 14001- type environmental management system. This new approach was determined to be necessary due to the generic nature and broad applicability of the ISO 14001 standard, the lack of appropriate methodology in the professional literature, and the lack of related knowledge and ability in most small or medium sized organizations. As controlling and influencing operations is a vital characteristic of an effective …

Case Study Of Strategic Planning For Small Nonprofits, Peter Roland Jr

Theses

The Lake Placid/North Elba Historical Society suffers from the absence of planning processes that can address the long-term needs of the organization. As a result the resources of the Society are being underutilized. At present the only medium for the planning function is the monthly Board meeting, which must also address operational issues. Both new and old members of the Board have ideas regarding what they see as the past, present and future mission of the Museum and the Society. A forum or medium does not currently exist which would provide an opportunity for members of the Board and all …

Ip Telephony: The Total Solution Guide, Todd Wilson

Theses

Voice and telephony services have been viewed as constants for over the past hundred+ years. Picking up the telephone and hearing "dial tone" is something we don't think about, a simple thing in the life that households and organizations' all over the world take for granted. Over the past several decades, Private Branch Exchange (PBX) technology has proved its existence with great staying power. The phrase "five 9s" reliability has been a subject of many conversations pertaining to voice, and as time passes on, the PBX still gams more valuable trust and respect from its' users. It wasn't until approximately …

Supreme Court Section 1983 Decisions: (October 2001 Term), Martin A. Schwartz

Scholarly Works

No abstract provided.

New Mexico Labor Market Review 01-01-2003, New Mexico Department Of Labor

Historic Publications

The New Mexico Labor Market Review is a monthly publication presenting statistical data and analysis on labor market conditions throughout New Mexico. Issues examine statewide and regional trends in employment, unemployment, labor force estimates, industry activity, wages, occupational demand, and related economic conditions, often accompanied by feature articles on topics affecting the state’s economy. This issue covers November 2002.

Unsupervised Skin Lesion Classification And Matching, Paula Yandow-Reilly

Theses

According to the American Cancer Society (ACS), since 1973, the mortality rate for melanoma has increased by 44%. The number of serious skin cancers diagnosed has also more than doubled in that same period. Even though serious skin cancers (melanoma) account for only 4% of skin cancer diagnoses (and skin cancer is the most common cancer) it is responsible for almost all (79%) cancer deaths. The ACS reports about 7,300 people in the United States are expected to die of melanomas in 2002, other sources put the number as high as 7,800. There are about 130,000 cases of melanoma worldwide, …

Investigation And Evaluation Of Foodservice Industry Packaging Formats, Cindy O'Leary-Swinson

Theses

The purpose of this study was to determine the packaging usage of the foodservice industry in today's marketplace. It summarized the foodservice packaging formats in terms of relative volume related to usage, as well as the packaging materials broken down by sector. The opinions of industry professionals toward food packaging formats were evaluated. Two different measurement instruments were used to obtain information. A survey was used to obtain the opinions of foodservice professionals in regards to the different packaging formats, and an audit form was used to inventory the packaging formats within the different segments. It was determined that foodservice …

The Direction Of Mobile Evolution Examined Through The Ntt Docomo Strategy, "Mobile Frontier", Akihiro Kakimoto

Theses

NTT DoCoMo is Japan's biggest mobile service provider. They added extra value into cellular phone as "telephone", and contributed to the explosive spread of the mobile phone in Japan. They have still led Japan as a country with the world's largest mobile Internet. The mobile phone now changes our lifestyles or work styles, and has a great influence also on business. In 1997, NTT DoCoMo created the company vision towards the year 2010, "Mobile Frontier". It consists of five concepts, named "MAGIC", and indicates the mobile phone figure in the future as a whole. I regard it as a guideline …

Sound Of Dust Settling: A Response To Criticisms Of The Uma, The, Richard C. Reuben

Journal of Dispute Resolution

Continuing UMA "concerns," therefore, have a certain vestigial or residual character, often reflecting views taken in battles that were fought within the drafting sessions - sometimes fiercely - but which were incapable of producing a majority among the UMA drafters. Professor Brian Shannon's criticisms largely echo these discussions, and in this Article I seek to respond to some of them - after first extending my greatest appreciation to Professor Shannon for his willingness to be the "skunk in the parlor" of this symposium edition by generally aggregating those criticisms." In Part I, I give some of the unpublished history of …

Prohibiting Good Faith Reports Under The Uniform Mediation Act: Keeping The Adjudication Camel Out Of The Mediation Tent, Carol L. Izumi, Homer C. La Rue

Journal of Dispute Resolution

This symposium article examines a narrow slice of the Uniform Mediation Act - the prohibition on mediator communication to judges about a party's good faith participation or "problem" behavior in mediation.

Introduction, David A. Hoffman

Journal of Dispute Resolution

My introduction to the issues that the Uniform Mediation Act seeks to resolve occurred about a dozen years ago when a senior partner at Hill & Barlow, the Boston law firm where I practiced for 17 years, came to me with a question. He wanted to know whether he could recommend mediation as a safe process for discussing some delicate tax issues that had arisen during the breakup of a business partnership. Evidently the partners had taken some aggressive positions on their partnership tax returns, and one of the big issues in the dissolution of the partnership was the allocation …

Dancing With The One That Brung Us - Why The Texas Adr Community Has Declined To Embrace The Uma, Brian D. Shannon

Journal of Dispute Resolution

I readily acknowledge that the UMA is a bold and noble project, and it is certainly the result of substantial effort and compromise. Indeed, I largely concur with the sentiment of Philip Harter that "[tihe UMA is the product of heroic effort that brought together many interests and perspectives to thrash out a workable framework for mediation." That being said, however, much of the Texas mediation community, of which I am a part, has largely opposed enactment of the UMA's framework for our state. As I have written previously, the Alternative Dispute Resolution Section of the State Bar of Texas …

Centuries Of Contract Common Law Can't Be All Wrong: Why The Uma's Exception To Mediation Confidentiality In Enforcement Proceedings Should Be Embraced And Broadened, Peter Robinson

Journal of Dispute Resolution

The National Conference of Commissioners on Uniform State Laws and House of Delegates of the American Bar Association recently approved the Uniform Mediation Act ("UMA") with an eye toward unifying the law of mediation confidentiality in the United States. Soon, numerous states and other organizations will consider modifying statutes, court rules, or professional standards to conform to the UMA. One of the important aspects of mediation confidentiality is how it applies when enforcing a mediated agreement.' In some jurisdictions, mediation confidentiality interferes with the application of contract law when enforcing a mediated agreement to produce absurd results. This article will …

Uma And The Uncitral Model Rule: An Emerging Consensus On Mediation And Conciliation, The, Jernej Sekolec, Michael B. Getty

Journal of Dispute Resolution

In this article, we describe how these two efforts have come together to forge an international consensus on mediation and conciliation. In Part I, we look at how some of the different ways that domestic nationals treat the confidentiality of conciliation communications. The disparity of these treatments leads to considerable uncertainty among parties to a conciliation. In Part II, we note the essential features of the UNCITRAL Model Law, and how it addresses this uncertainty through model rules that will harmonize international standards among adopting nations, at least on core issues, while at the same time preserving the flexibility that …

Silent Treatment: Removing The Class Action From The Plaintiff's Toolbox Without Ever Saying A Word - Bazzle V. Green Tree Fin. Corp., The, Andrea Lockridge

Journal of Dispute Resolution

A motion for class certification is often a pivotal point in a lawsuit, playing a determinative role throughout the course of the litigation. Plaintiffs use the class action as a tool to consolidate common claims against a defendant, bypassing the expensive process of bringing suit individually. 2 Defendants hotly contest certification of the class, seeking to avoid the ramifications of a judgment which reflects the cumulative losses of the multitude. This casenote addresses the effects of allowing an arbitration clause that is silent as to class-wide arbitration to preclude the plaintiffs' option to bring suit as a class, and the …

Pre-Dispute Mandatory Arbitration Agreements And Title Vii: Promoting Efficiency While Protecting Employee Rights - Eeoc V. Luce, Forward, Hamilton & (And) Scripps, Steven S. Poindexter

Journal of Dispute Resolution

While the United States Supreme Court has repeatedly held that claims based on statutory rights may be vindicated by arbitration, the Court has yet to determine the validity of a pre-dispute mandatory arbitration agreement ("MAA") that covers Title VII of the Civil Rights Act of 1964 ("Title VII"). The United States Court of Appeals for the Ninth Circuit, contrary to every other district court of appeals to have considered the matter, has held that Title VII claims may not be subjected to arbitration under an MAA. The instant case once again addresses the question of whether the Ninth Circuit will …

Regaining Control Through Digital Rights Management (Drm): What's In Store For The Music Industry?, Gregory J. Romania

Theses

This paper, as part of the final requirement for the completion of a Master of Science in Information Technology at the Rochester Institute of Technology, will examine the current state of digital media content and its inherent problems with regard to rendering and distribution. Discussions will focus on the protection and sales of digitalized intellectual property through Digital Rights Management (DRM) while also concentrating on how these technologies can be employed to acquire copyright protection. Though much of the discussion may apply to a wide range of media types, e.g. - movies, software and digital books, the primary focus will …

Chinese Cellular Telecommunications In The Past And The 21st Century, Hao Xu

Theses

Cellular telecommunication technology is one of the hottest topics of the last two decades. The annual rate of user growth is more than 30 percent. It began with the first generation (1G) networks and bloomed with second generation (2G) of cellular technologies. New third generation cellular (3G) technologies aim at offering high-speed, superior-quality information service to mobile subscribers. [2]

The Chinese cellular market is developing with unbelievable speed. China launched its first cellular network in 1987. At the end of 2002, it was the biggest wireless market in the world, with more than 200 million subscribers. [56] Technologies used in …

Best Practices In Implementing Operational Controls Of Iso 14001 Environmental Management Systems Into Small And Medium Businesses, Kuldeep Khalsa

Theses

Studies show that many small and medium businesses (SMBs) that have implemented environmental management systems (EMSs) and got certified to the ISO 14001 Environmental Management Standard experienced obstacles along the way. For SMBs the standards appear unnecessarily bureaucratic, and represent a way of working that fits poorly into their organizational cultures and decision-making structures of small companies. Studies also show that environmental management systems such as ISO 14001 provide a framework for organizations that wish to effectively manage their environmental affairs. Implementing an EMS that conforms to the ISO 14001 standard helps businesses integrate environmental values into their operations.

This …