Digital Commons Network^™

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 …

Teaching Literature For Relevance, Mary Kay-Costa-Valentine

Language Arts Journal of Michigan

No abstract provided.

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 …

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 …

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 …

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 …

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

Oklahoma Law Review

No abstract provided.

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.

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

Oklahoma Law Review

No abstract provided.

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.

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

Oklahoma Law Review

No abstract provided.

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.

Dignity: The New Frontier Of State Sovereignty, Scott Dodson

Oklahoma Law Review

No abstract provided.

Promote Health & Fitness: Increase Physical Activity, Jane Edwards

Extension Publications (unnumbered)

Unnumbered publication of NDSU Extension.

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.

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, …

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; …

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 …

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 …

Dworkin's Fallacy, Or What The Philosophy Of Language Can't Teach Us About The Law, Michael S. Green

Faculty Publications

No abstract provided.

Raising Rivals' Costs: Can The Agencies Do More Good Than Harm?, Alan J. Meese

Faculty Publications

No abstract provided.

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 …

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 …

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2002-2003), J. Rodney Johnson

Law Faculty Publications

The General Assembly of Virginia enacted legislation dealing with wills, trusts, and estates that added or amended a number of sections of the Virginia Code in its 2003 Session. In addition, there were three opinions and one order from the Supreme Court of Virginia, and one Virginia Circuit Court opinion, that raised issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates during the period covered by this review. This article reports on all of these legislative and judicial developments.

Admissibility As Cause And Effect: Considering Affirmative Rights Under The Confrontation Clause, John G. Douglass

Law Faculty Publications

In this essay, I first examine some of the strategic choices spawned by the Supreme Court's "microscopic" focus on reliability in confrontation-hearsay cases. Rather than promoting the value at the core of the Confrontation Clause-the adversarial testing of prosecution evidence-the Court's approach leads to choices that ignore that value. While the Court scrutinizes hearsay under the microscope of reliability, it leaves the parties free to ignore and even to avoid available opportunities for effective confrontation of the hearsay declarant. At the same time, the Court's constitutional definition of reliability-which it equates with "firmly rooted" hearsay exceptions -has encouraged prosecutors to …

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 …

Contractual Choice Of Law And The Prudential Foundations Of Appellate Review, David Frisch

Law Faculty Publications

What are the advantages and disadvantages of appellate review of trial court rulings on issues of foreign law? What exactly does judicial review of unsettled questions of foreign law accomplish? What is its price? These questions are of considerable theoretical interest and immense practical importance. Their resolution calls for inquiries into the allocation of judicial authority and in its production of outcomes in the real world. The discussion proceeds first by briefly describing in Part II some of the causes and effects of the steadily increasing caseloads in appellate courts. After demonstrating that these caseloads may soon become unmanageable, Part …

The Elusive Right To Reinstatement Under The Family Medical Leave Act, Stacy A. Hickox

Kentucky Law Journal

No abstract provided.