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Its News December 2003, Information & Technology Services

RIT Digital Archives

Disinfecting the RIT Campus||Focusing on Network and Individual Security||Using Technology to Improve Learning||Desktop Defense Project||Top 20 Things to do for Protecting Your Personal Information||Security Week Schedule||Vini, Vidi, Viri (I Came, I Saw, I Infected)||Tom’s Tidbits||Telecommunications Services News

Is Federal Preemption Efficient In Cellular Phone Regulation, Thomas W. Hazlett

Federal Communications Law Journal

While many recent state-level efforts to regulate various aspects of the cellular phone industry have been abandoned in favor of federal regulations, other attempts by state regulators still exist. For this reason, Thomas Hazlett proposes that federal regulation is generally more appropriate than state-level action, due to the nature of the cellular industry. After a brief history of the industry, the author analyzes the pros and cons associated with state and federal regulation. The Article then proceeds to address the efficiencies created by national networks and proposes that the fragmentation of controlling regulatory power would reduce these efficiencies. Following a …

The Role Of Efficiencies In Telecommunications Merger Review, Calvin S. Goldman Q.C., Ilene Knable Gotts, Michael E. Piaskoski

Federal Communications Law Journal

As a result of the recent telecommunications industry slowdown and the rise of globally integrated communications networks, mergers and acquisitions have become a commonplace occurrence throughout the developed world. In this article, Calvin Goldman, Michael Piaskoski and Ilene Gotts review recent merger and acquisition activity and discuss how the decisions to allow or deny “M&A” are viewed by regulatory agencies in the United States, the European Union, and Canada. The first part of this article addresses these three parties’ approaches to M&A consideration and how the concept of “efficiencies” generated by consolidation enters those deliberations. The authors then explore the …

A Round "Peg" For A Round Hole: Advocating For The Town Of Oyster Bay's Public Access Channel Restrictions, Thomas Werner

Federal Communications Law Journal

New technological devices which allow consumers to skip commercials are driving corporations to engage in alternative advertising. The development of more “organic” methods of integrating products into the content of television programs makes those advertisements much more difficult to detect. As it becomes more difficult to divorce the product being sold from the content of the program, it also becomes more difficult to determine whether or not an advertisement actually exists. Without such blatant references, these programs would be likely candidates to appear on public access channels. This poses a severe threat to the service that those channels were intended …

Bouchat V. Baltimore Ravens: The Fourth Circuit Adopts The Strinkingly Similar Doctrine To Infer Proof Of Access, Douglas R. Arntsen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Telric Vs. Universal Service: A Takings Violation?, Stuart Buck

Federal Communications Law Journal

While the Telecommunications Act of 1996 has had a profound positive impact on many sectors of the communications industry in the United States, local phone companies have recently faced a serious dilemma under a provision of the Act known as TELRIC. In this article, Stuart Buck presents a current analysis of the position of the telephone company and its struggle to meet costs under the TELRIC structure. The author argues that by forcing regional phone operators to grant wholesale pricing to competitors under TELRIC, while simultaneously maintaining Universal Service requirements of reduced-rate phone access to remote customers, the local phone …

Disease Burden And Case Management Of Bacterial Meningitis Among Children Under 5 Years Of Age In Saudi Arabia, Yagob Y. Al-Mazrou, Elgeili K. Musa, Mohamed N. Abdalla, Mohamed H. Al-Jeffri, Sami H. Al-Hajjar, Omer M. Mohamed

Saudi Medical Journal

OBJECTIVE: This study was designed to explore the case management and disease burden of bacterial meningitis among children below the age of 5 years in the Kingdom of Saudi Arabia. METHODS: A prospective descriptive study was conducted during June 1999 through to May 2001 in 8 hospitals from 5 cities in different areas of the country. Those were, King Fahad Specialist Hospital and Maternity & Children Hospital, Buraidah, Belgorashi General Hospital and King Fahad Specialist Hospital, Al-Baha, Maternity & Children Hospital and Ohud Hospital, Al-Madina, Al-Qatif General Hospital in the Eastern Region and Prince Abdulrahman Bin Ahmed Alsudairy Central Hospital, …

Prevalence Of Gestational Trophoblastic Disease. A Single Institution Experience, Tariq Y. Khashoggi

Saudi Medical Journal

OBJECTIVE: To study the incidence and time trends of gestational trophoblastic disease in the Kingdom of Saudi Arabia (KSA). METHODS: A retrospective study of medical records of 64,762 pregnancies registered and treated at Security Forces Hospital, Riyadh, KSA, from January 1988 through to December 1998. RESULTS: Fifty-nine cases of hydatidiform mole (36 complete hydatidiform mole (CHM) and 23 partial hydatidiform mole (PHM) and 2 cases of choriocarcinoma were observed, out of 64,762 pregnancies registered at Security Forces Hospital, Riyadh, KSA, during an 11 year period. The temporal trends exhibited significant reduction in the incidence of GTD during the study period. …

Malignant Biliary Strictures, Ibrahim A. Al-Mofleh, Rashed S. Al-Rashed, Saleh M. Al-Amri, Abdullah S. Al-Ghamdi, Faleh Z. Al-Faleh, Hussein M. Al-Freihi, Arthur C. Isnani

Saudi Medical Journal

OBJECTIVE: To identify the cause, methods of diagnosis and management of malignant biliary strictures in our institution and compare with studies from other communities. METHODS: From March 1998 through to August 2002, we reviewed 1000 files of patients who underwent endoscopic retrograde cholangiopancreatography (ERCP) at the Gastroenterology unit, King Khalid University Hospital in Riyadh, Kingdom of Saudi Arabia for malignant biliary strictures (MBS). Clinical, laboratory data, method of diagnosis and management were recorded. RESULTS: Seventy-two patients (72/1000) with MBS were encountered. Forty one (57%) were males and 31 (43%) were females and the majority were Saudi nationals (82%). Jaundice and …

Gastroesophageal Reflux In Bronchial Asthma Patients. A Clinical Note, Lubna Al-Asoom, Abdullah M. Al-Rubaish, Hassan A. El-Munshid, Awatif N. Al-Nafaie, Huda A. Bukharie, Ibrahim S. Abdulrahman

Saudi Medical Journal

OBJECTIVE: The objective is to correlate the symptoms of gastroesophageal reflux with the results of esophageal reflux with the results of esophageal pH metry in asthmatic patients. METHODS: A prospective study was carried out in King Fahd Hospital of the University, Al-Khobar, Kingdom of Saudi Arabia (KSA), during the period January 2000 through to February 2001, whereby 50 patients (34 females and 16 females) with primary diagnosis of bronchial asthma were consecutively enrolled, their mean age + SD was 38.01 + 9.8 years. Twenty-two subjects who were not suffering from asthma or gastroesophageal reflux (GER) (13 females and 9 males) …

Role Of Immunochemical Mediators In Atopic Dermatitis And Parasitic Infection, Amany Abo-Ei-Eneindepartments Of Clinical Pathology, Heba Mourad, Zenab Abd El-Samad, Samia Hawas, Azza Baiomy

Mansoura Medical Journal

Background : Atopic dermatitis (AD) is an inflammatory skin disease that constitutes a significant burden to patients and their families. Parasitic infections as well are a cause of ex­tensive morbidity in most tropical countries. Eosinophils are the pre­dominant cells involved in these con­ditions. Upon activation of eosinophils by T helper 2 (Th-2) cytokines and their own mediators, they release granule proteins which can kill para­sites and mediate inflammation in AD. Aim: the present study aimed to as­sess serum IgE and ECP and inter-leukines (IL-5 and IL-13) expression in atopic dermatitis and parasitic in­fection and their relation to disease activity. Subjects …

2003-04 Faculty Senate - December 1, 2003 Minutes Summary, Faculty Senate

Faculty Senate Agendas & Minutes

No abstract provided.

Managers’ Incentives To Manipulate Earnings In Management Buyout Contests: An Examination Of How Corporate Governance And Market Mechanisms Mitigate Earnings Management, Joy Begley, Tim V. Eaton, Sarah Peck

Finance Faculty Research and Publications

In an MBO contest, managers offer to buy the firm from public shareholders at a premium to the current market price and thus have incentives to buy the firm “cheap.” Prior studies have found evidence that managers, on average, manipulate earnings downward prior to an MBO offer in an attempt to convince shareholders that their offer is fair. We extend this finding by attempting to explain the substantial cross sectional variation in the degree of manipulation across firms reported in these earlier studies. We find that boards with more independent directors and higher levels of incentive based compensation for the …

Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman

Rutgers Law School (Newark) Faculty Papers

In this Article, Professor Sharfman addresses the problem of "discretionary valuation": that courts resolve valuation disputes arbitrarily and unpredictably, thus harming litigants and society. As a solution, he proposes the enactment of "valuation averaging," a new procedure for resolving valuation disputes modeled on the algorithmic valuation processes often agreed to by sophisticated private firms in advance of any dispute. He argues that by replacing the discretion of judges and juries with a mechanical valuation process, valuation averaging would cause litigants to introduce more plausible and conciliatory valuations into evidence and thereby reduce the cost of valuation litigation and increase the …

Conflict Between The Public Trust And The Indian Trust Doctrines: Federal Public Land Policy And Native Indians, Rebecca T. Tsosie

Tulsa Law Review

No abstract provided.

Personal Foul: Unnecssary Restriction Of Endorsement And Employment Opportunities For Ncaa Student-Athletes, David Warta

Tulsa Law Review

No abstract provided.

Daily Eastern News: December 01, 2003, Eastern Illinois University

December

No abstract provided.

Andy Warhol's Jackie Ii (1966), David M. Lubin

Colby Quarterly

No abstract provided.

Retaining Judicial Authority: A Preliminary Inquiry On The Dominion Of Judges, Larry Catá Backer

William & Mary Bill of Rights Journal

Why do the people and institutions of democratic states, and in particular those of the United States, obey judges ? This article examines the foundations of judicial authority in the United States. This authority is grounded on principles of dominance derived from the organization of institutional religion. The judge in Western states asserts authority on the same basis as the priest - but not the priest as conventionally understood. Rather, the authority of the judge in modern Western democratic states is better understood when viewed through the analytical lens of priestly function developed in the philosophy of Friedrich Nietzsche. Focusing …

Beauty As Currency, Joseph Abide

Electronic Theses and Dissertations

This body of work addresses the concept of physical beauty and the attendant value that we as a society place upon it. Beauty shares characteristics with other prized possessions in life. It may be traded for monetary gain, as is the case with professional models. The exchange is not always so obvious. What constitutes beauty is open to many interpretations as to why it is deemed desirable. I have observed physical characteristics which are valued as attractive, change, from one social group to another and within that same society evolve with the passage of time.

Physical beauty differs from other …

Classifying Forest Composition Using Fractal Dimension As An Index Of Image Texture, Fitria Latifah Wahid

Masters Theses

In this study, Landsat imagery from June (summer) and October (autumn senescence) 2000 of the area of Fort Custer Training Center in Kalamazoo and Calhoun Counties, Michigan, were analyzed for forest classification accuracies. The use of fractal analysis to improve forest classification, particularly to distinguish among northern hardwood species, was examined. Using moving windows with different sizes, measurement of local fractal dimension and spatial autocorrelation (Moran's I) were performed on the NDVIs and the panchromatic images. The measurement products were combined with Landsat TM bands as additional layers in supervised maximum- Iikelihood multispectral classifications. The accuracy for multispectral classification of …

Laboratory Testing Of Select Geotextiles As Biointrusion Barriers And Sediment Filters, David R. Beck

Masters Theses

It has been proposed that placing a geotextile over sediments with adsorbed contaminants can prevent bioaccumulation of the contaminants in larger animals by isolating the benthic organisms living within these sediments from fish. In conjunction with a field study carried out at Gull Creek, a laboratory study testing two geotextiles as biointrusion barriers and sediment filters was conducted.

Constant-head permeameters were run for seven days using cores from the field study area with a geotextile placed over the cores. For biointrusion barrier tests, medium sand was placed over the geotextile and spiked with nutrients. Following each trial, benthic organisms in …

Administrative Law, Martin M. Wilson

Mercer Law Review

Administrative law continues to be a front-burner item in the practice of law because each day more and more activities, businesses, and persons fall under a state or local agency's regulatory sphere of influence. While the number of appellate cases reviewed in this Article has dropped slightly from recent years, reports from several agency heads in state and local governments would lead one to believe that agency workloads only continue to increase. Given the current economy and resulting shortfalls of tax revenues, it will be interesting to observe what effects static or reduced levels of enforcement and regulatory officials will …

Business Associations, Paul A. Quirós, Lynn S. Scott, James F. Brumsey

Mercer Law Review

This Article surveys noteworthy cases in the areas of corporate, securities, partnership, and banking law decided during the survey period' by the Georgia Supreme Court, the Georgia Court of Appeals, the United States Court of Appeals for the Eleventh Circuit, and the United States district courts located in Georgia. The Article also summarizes recent enactments of the Georgia General Assembly with respect to the foregoing subject matters.

Construction Law, Dennis J. Webb Jr., Justin S. Scott, Henry L. Balkcom Iv, Dana R. Grantham

Mercer Law Review

This Article surveys construction law decisions handed down by Georgia appellate courts between June 1, 2002, and May 31, 2003. The cases discussed primarily fall within five categories: (1) contract; (2) tort; (3) mechanic's and materialman's liens; (4) workers' compensation; and (5) arbitration. The Article also includes a miscellaneous section covering noteworthy cases that do not fit neatly into the sections enumerated above.

Criminal Law And Criminal Procedure, John O. Cole, Bonnie K. Cole

Mercer Law Review

In reading over 900 cases in criminal law and criminal procedure during the survey period, the fact that courts find the time to carefully analyze the allegations of error in each case is striking. The difference in the quality of the courts' work is especially striking when compared to the courts of twenty years ago.

Several themes emerge after reading these cases. The first theme is the number of specious arguments raised on appeal. This is due, in large part, to the Georgia Supreme Court's opinion in Huguley v. State in which the court disapproved Anders motions and forced attorneys …

Death Penalty Law, Michael Mears, Holly Geerdes

Mercer Law Review

This Article surveys the death penalty decisions of the Georgia Supreme Court from June 1, 2002 through May 31, 2003.' The cases discussed include those heard by the supreme court on interim appeal, on direct appeal, and on review of habeas corpus decisions. Focusing on the court's decisions that affect the trial and appeal of death penalty cases, this Article, with some exceptions, does not discuss holdings in capital cases that are common to all criminal appeals. Four recent decisions of the Supreme Court of the United States are included

Domestic Relations, Barry B. Mcgough, Gregory R. Miller

Mercer Law Review

Fourteen of the domestic relations appellate cases decided during the survey period' are digested here. Georgia law requires that appeals of domestic relations cases occur through the discretionary application process. A party wanting to appeal an order in a domestic relations case must first file an application to obtain the appropriate appellate court's permission to file an appeal. As part of a pilot project, the Georgia Supreme Court announced it would accept all "non-frivolous" applications filed in domestic relations cases during the calendar year 2003. The pilot project does not include cases that would be appealed first to the court …

Labor And Employment, W. Melvin Haas Iii, William M. Clifton Iii, W. Jonathan Martin Ii

Mercer Law Review

This Article surveys recent developments in the state statutory and common law that affect labor and employment relations of Georgia employers. Accordingly, it surveys published decisions from the Georgia Supreme Court and Georgia Court of Appeals from June 1, 2002 to May 31, 2003. This Article also includes highlights of certain revisions to the Official Code of Georgia Annotated ("O.C.G.A.").

Legal Ethics, Patrick Emery Longan

Mercer Law Review

Between June 1, 2002, and June 1, 2003, the Georgia Court of Appeals and the Georgia Supreme Court decided over two hundred cases concerning legal ethics. Those cases included disciplinary cases against lawyers, bar admission matters, claims of ineffective assistance of counsel in criminal cases, judicial discipline and disqualification, and several miscellaneous matters involving clients and lawyers. In addition, the United States Court of Appeals for the Eleventh Circuit decided one significant case involving judicial elections in Georgia.