Digital Commons Network^™

Code Versus The Common Law, Stacey Dogan

Faculty Scholarship

The explosion of peer-to-peer file sharing has forced a reexamination of the essential structure of copyright law in the United States. In a digital, interconnected world, the dispersion of copying and distribution activities makes it more difficult for copyright holders to identify users who derive value from their works. And at least theoretically, the inability to capture such value could ultimately jeopardize the incentive to produce and distribute creative expression.

There is widespread disagreement over what, if anything, should be done about these threats. While suggestions range from copyright abandonment to digital lockup, two of the principal proposals share an …

An Exclusive Right To Evoke, Stacey Dogan

Faculty Scholarship

Ten years ago, in White v. Samsung Electronics America, the Ninth Circuit held that a robot violated Vanna White's publicity rights. Since the White decision, the tendency to equate evocation with infringement in trademark and right of publicity cases has only grown. In contrast to this expansionist trend in trademark and right of publicity law, however, courts in recent copyright cases have arguably backed off from a strong right to evoke. This Article identifies these trends and suggests some reasons for concern over an exclusive right to evoke. The author argues that if we wish to preserve a rich commons …

Presidential Power In Transitions, Jack M. Beermann

Faculty Scholarship

The transition between presidencies has long created controversies. Whether the issue is "midnight judges" or "midnight regulations," presidential action at the end of a term has long provoked scrutiny and criticism. Presidents have also raised eyebrows at the beginning of their terms when they assert their authority and try to undo what their predecessor in office left behind. More than one president has taken action aimed specifically at "midnight regulations," such as ordering a freeze on the issuance of new regulations, a review of regulations issued at the end of the prior administration and other similar action. This article looks …

A Comprehensive Analysis Of The Expression Of Crystallins In Mouse Retina, Jinghua Xi, Rafal Farjo, Shigeo Yoshida, Timothy S. Kern, Anand Swaroop, Usha P. Andley

Open Access Publications

No abstract provided.

Arbitrage, Bioethics, And Cloning: The Abcs Ofgestating A United National Cloning Convention, Rosario M. Isasi, George J. Annas

Faculty Scholarship

America's inability to craft a regulatory ethics of abortion has led to a
/="/">wild west of unregulated research with human embryos and pregnant
/="/">women by our private infertility industry. Because of an "all or nothing"
/="/">research mentality, it is becoming increasingly impossible to suggest
/="/">outlandish and reckless reproductive research possibilities without seeing
/="/">them actually pursued. And if even the wild west seems a bit inhospitable
/="/">to particular research goals, such as cloning to produce the genetic duplicate
/="/">of an existing person, media darlings like Severino Antinori and Zavos
/="/">Panos, and even members …

Pierian Club Of Rock Hill Records - Accession 151, Book Club Of Rock Hill, Pierian

Manuscript Collection

The Pierian Club of Rock Hill Records consist of yearbooks, correspondence, newspaper clippings, a scrapbook, constitutions and bylaws, and other records relating to the club and its’ members.

The Pierian Book Club of Rock Hill, SC was federated on February 25, 1954 and existed as a daughter club of the Perihelion Book Club of Rock Hill. The object of the club is listed in the constitution and states “this club shall be to encourage and sustain the intellectual development of its members and to promote better citizenship, inviting therein such social features as may contribute to this purpose.”

Who Should Regulate Class Action Lawyers?, Nancy J. Moore

Faculty Scholarship

Ethical issues arise frequently in class action litigation. These issues include conflicts of interest, solicitation, application of the no-contact rule, the reasonableness of attorneys' fees, and the attorney-witness rule. There has been considerable difficulty applying existing rules of conduct to these situations, partly because of confusion regarding the relationship among class counsel, the named class representatives and absent members of the class. Thus as to conflicts of interest - perhaps the most pressing problem facing class action lawyers - it has been said that a "strict reading of the conflict of interest rules in class actions should be tempered, because …

Limits Of The Classic Method: Positive Action In The European Union After The New Equality Directives, Daniela Caruso

Faculty Scholarship

The European Union's member states are currently implementing two new directives, prohibiting discrimination on such grounds as race, ethnicity and religion. Both directives allow for positive action - a European version of affirmative action confined to "soft," non-quota measures arguably reconcilable with the canon of individual equality. Based on time-honored EC provisions on gender discrimination, the European Court of Justice has already scrutinized, and occasionally prohibited as in breach of EC individual rights, states' positive action in favor of women. The Court is now likely to extend the same mode of scrutiny to the forms of discrimination contemplated by the …

Ventilator-Associated Pneumonia In A Multi-Hospital System: Differences In Microbiology By Location, Hilary M. Babcock, Jeanne E. Zack, Teresa Garrison, Ellen Trovillion, Marin H. Kollef, Victoria J. Fraser

Open Access Publications

No abstract provided.

Controlling Opportunistic And Anti-Competitive Intellectual Property Litigation, Michael J. Meurer

Faculty Scholarship

It is useful to think of intellectual property (IP) law both as a system of property rights that promotes the production of valuable information and as a system of government regulation that unintentionally promotes socially harmful rent-seeking. This Article analyzes methods of controlling rent-seeking costs associated with opportunistic and anti-competitive IP lawsuits. My thinking is guided to some extent by the analysis of procedural measures for controlling frivolous litigation, and analysis of antitrust reforms designed to control strategic abuse of antitrust law. These analogies lead me to focus on pre-trial and post-trial control measures that reduce the credibility of weak …

Doing All You Can, Brother?': Visual Themes Of World War Ii American Propaganda Posters, Justin Rives Nicholas

Honors Theses

This thesis is a result of an in-depth analysis of the three thousand plus propaganda posters used in the United States during World War II. The bulk of these posters are housed at National Archives II in College Park, Maryland. The analysis was conducted within the context of several questions. What were the goals of the propagandists? How were those goals visually represented in the posters? What were the visual themes? Why were these goals and themes deemed necessary? How do the goals and themes fit into the overall context of a total war? The concept of being in a …

Spleen Rna Concentration And Male Oramentation In The Wild Turkey, William Wilson Boone

Honors Theses

The spleens of adult wild turkeys {Meleagris gallopavo) are their primary immune defense organ and produce many of the antibodies used throughout the body. During parasitic infection, more antibodies must be produced to protect the body from foreign antigens. This may cause the overall mass of the spleen and/or the concentration of RNA in the spleen, which translates DNA into protein antibodies, to increase. It has previously been shown that male turkeys infected with parasites have less pronounced external head ornamentation (snood length, number of side caruncles) than those left uninfected (Buchholz 1995). This difference in external characteristics may also …

Aspects Of Schooling Behavior In The Golden Shiner, Notemigonus Crysoleucas: Nearest Neighbor Distance, Angle Of Sqimming, And Antiphasic Coupling, Megan Thomas Brown

Honors Theses

Many fish swim in schools at some point in their life. This behavior is beneficial for feeding and safety from predators, and may reduce energy expenditure during swimming. The hydrodynamic theory of schooling states that fish in a school take advantage of the wakes produced by other members of the school. This theory has been both supported and refuted in various studies. Using a swim tunnel, nearest neighbor distance, antiphasic coupling and the angle of swimming were studied in golden shiners {Notemigonus crysoleucas) while schooling. A plexiglass container placed inside the swim tunnel restricted fish to swimming in one plane …

On The Origin Of Ethics, John Ashley Kimble

Honors Theses

This essay will be an exploration of Darwin’s theory of natural selection and the implications that the theory holds for the field of ethics. It will investigate the intellectual climate of Darwin’s day and discuss how his theory was received both by his fellow scientists and by the general public. It will provide a brief background of Darwin’s life leading up to his famous voyage aboard the H.M.S. Beagle, as well as relevant biographical details from his later life. It will provide a brief history of the gene and the science of genetics and how this science has changed Darwin’s …

Strong Black Woman: An Examination Of Cultural Images Of Black Women, Tamika Renee Montgomery

Honors Theses

Through literary works and life experiences and in an effort to dispel negative images, an unrealistic image of a strong black woman has been presented to society. As a black woman surrounded by black women who have attempted to personify this superwoman image, and more importantly as a black woman who has been encouraged to adopt this image, I have done research to discover if this woman truly exists. I have read a number of literary works that span over the entire twentieth century, examined cultural and psychological studies relevant to the black woman. I also did research on the …

2003 - 85th Annual Bible Lectureship, "Welcoming The Reign Of God: Messages On The Kingdom From Matthew's Gospel", Abilene Christian University, Abilene Christian University

Lectureship and Summit Programs

No abstract provided.

Unpatriotic Acts: An Introduction, Sadiq Reza

Faculty Scholarship

John Walker Lindh. Zacarias Moussaoui. Jose Padilla. Richard Reid. Who reading these lines does not instantly recognize the names of these men? Or at least their assigned noms de guerre: American Taliban, 20th hijacker, dirty bomber, shoe bomber. For two and a half years these names and others have flitted through our daily copies of The New York Times like shadow characters in a play, along with black-and-white photographs underneath which black-and-white text tells us of their alleged (and sometimes proven) wrongdoing and the latest developments in their tribulations (and sometimes trials) with our government. But the men themselves are …

Capital Punishment And Martial Law In Ireland, 1916-1923, Thomas Michael Taff

Honors Theses

My thesis, “Capital Punishment and Martial Law in Ireland 1916-1923”, deals with the early years of the Irish Dominion. After the ratification of a peace treaty in December of 1921 between Great Britain and Ireland, the lower twenty-six counties of Ireland became a Dominion of the British Empire. The following summer a civil war occurred between the armed forces in Ireland who supported and rejected the treaty. During the Irish civil war, which lasted from June 1922 until April 1923, nearly eighty IRA men were executed by the Pro-Treaty government in Dublin. My thesis looks into the legal and political …

An Empirical Test Of Justice Scalia's Commitment To The Rule Of Law, Gary S. Lawson

Faculty Scholarship

On January 13, 2001, barely one month after the Supreme Court's decision in Bush v. Gore, a group of 554 legal academics calling themselves "Law Professors for the Rule of Law" took out a full-page ad in the New York Times that essentially accused the Court's majority of being faithless to the rule of law. In full, the advertisement read: BY STOPPING THE VOTE COUNT IN FLORIDA, THE U.S. SUPREME COURT USED ITS POWER To ACT AS POLITICAL PARTISANS, NOT JUDGES OF A COURT OF LAW We are Professors of Law at 120 American law schools, from every part of …

Towards A Legal History Of American Criminal Theory: Culture And Doctrine From Blackstone To The Model Penal Code, Gerald F. Leonard

Faculty Scholarship

Long before the birth of American law, English criminal jurisprudence had firmly established the general proposition that crime required not just a guilty act but a guilty mind. Coke’s maxim to that effect, actus non facit reum nisi mens sit rea, is still frequently deployed by courts and scholars alike. So is the phrase coined by Blackstone to describe that guilty mind: the “vicious will” that must be present for an act to become a crime. In another great maxim, however, Holmes said that “general propositions do not decide concrete cases.” It is not too shocking, then, that these general …

Children’ Ministries, Steelman Library

Syllabus Repository

No abstract provided.

Evaluation Of Elementary Teachers’ Technology Skills To Enhance Curriculum Integration Through A Staff Development Model, Marie Fuller Walker

Abraham S. Fischler College of Education ETD Archive

This applied dissertation was designed to assess elementary teachers’ current skills and abilities in technology. The problem was that there was no evidence, hard data, or documentation of any evaluation of the technology skills of the elementary teachers of the Coatesville Area School District. The purpose of the study was to evaluate the technological skills and abilities of the elementary teachers to determine whether and to what extent it hindered the desired outcomes and to facilitate planning more effective staff development to address the technology skill levels of the faculty in order to enhance curriculum integration.

This study combined the …

Assessing The Kids’ Breakfast Club Nutrition Program At John Muir Elementary School, Marlena E. Uhrik

Abraham S. Fischler College of Education ETD Archive

This applied dissertation was designed to assess The Kids’ Breakfast Club nutrition program and how it has impacted the lives of participating families. The results of a parent survey were used to help guide The Kids’ Breakfast Club in evaluating the effectiveness of the program and to assist the organization in providing the most appropriate educational experiences for the participants.

The Kids’ Breakfast Club is a nonprofit organization designed to improve the quality of life for children and their families. The organization is dedicated to the empowerment of young children and their families through nutrition, education, positive educational and social …

Increasing Elementary Teachers’ Abilities To Utilize Technology To Enhance The Curriculum And Instructional Practices For Students, Rita Thomas

Abraham S. Fischler College of Education ETD Archive

This applied dissertation was designed to increase elementary teachers ability to utilize technology to enhance the curriculum and instructional practices for students. Technology was available in the work setting but teachers were not trained to use and integrate technology.

Teachers actively participated in the following activities: reading and discussing professional journal articles, reading and using information provided in digital newsletters, technology training sessions, collaborative planning sessions, and made a conscious effort to include technology as a component of instruction for students.

An analysis of the data revealed that five of six outcomes were met. The following outcomes of the applied …

Program Logic For Automatic Teaching Operations: The Effects Of Plato On High-Stakes Testing In Mathematics, Tammy A. Malich

Abraham S. Fischler College of Education ETD Archive

This applied dissertation describes the use of the Program Logic for Automatic Teaching Operations (PLATO) software to improve student scores on the mathematics high school exit examination in an urban comprehensive high school with a student population of approximately 2,400. Data were collected and analyzed for the same students’ mathematics exit examination scores from their junior year prior to using the PLATO lab and their senior year after using the PLATO lab. A correlation was performed and reported for the time spent in the PLATO laboratory for each student and the increase in his or her mathematics examination score. Student …

The Effect Of Three Variables On The Academic Performance Of Elementary Students, Teresa F. Mccorry

Abraham S. Fischler College of Education ETD Archive

The major purpose of this study was to determine the extent that 3 variables influence the student achievement of 3rd-grade students in this elementary school setting. More specifically, the researcher was concerned with the extent to which the independent and combined effects of the variables parental involvement, attendance, and reduced class size had on the academic performance of 3rd-grade students on the reading and mathematics section of the Ohio Off-Year Proficiency Test (Ohio Department of Education, 1997).

The design that was most conducive for this applied research is a descriptive design. An experimental design was not feasible because control groups …

The Development And Implementation Of An Inclusion Model In Jackson Public Schools, Velma Smith

Abraham S. Fischler College of Education ETD Archive

This study sought to develop a model of training that facilitated inclusion using staff development as a primary intervention approach. The study was designed to decrease the achievement gap between students with disabilities and same grade level peers. Solution strategies will develop a model to provide training in inclusion strategies for special education teachers, general education teachers, and administrators.

An evaluation of possible cause data indicated that several significant factors contributed to the difference in the performance levels of students at Fairview Elementary School. Possible causes included: (a) a lack in Jackson Public School educators’ understanding of the extent and …

Razonamiento Crítico En El Aprendizaje Virtual Colaborativo Y Desempeño Laboral: Caso De Los Profesionales De Venta De La Industria Farmacéutica, Carlos A. Reyes

Abraham S. Fischler College of Education ETD Archive

Esta disertación aplicada se realizó considerando el razonamiento crítico como una destreza de gran valor para el logro del aprendizaje de por vida y a la educación a distancia mediada por computadora, como una estrategia instruccional que propicia el aprendizaje colaborativo. Por lo que se diseñó el presente estudio prospectivo destinado a precisar la asociación entre la destreza razonamiento crítico y el desempeño laboral de profesionales de ventas que participaron en una experiencia de enseñanza-aprendizaje virtual colaborativa, mediada por un foro de discusión vía internet y orientada a instruir a los participantes sobre el nuevo posicionamiento de un medicamento de …

Increasing The Likelihood Of Reading Success In Kindergarten Students Through Early Literacy Intervention, Cindy R. Williams

Abraham S. Fischler College of Education ETD Archive

This applied dissertation was designed to increase the likelihood of literacy success in kindergartners through early intervention services provided by the primary level reading teacher. There had been no early literacy intervention services offered in the writer’s school district prior to the time that the dissertation project was implemented. The goals of the dissertation were to decrease the likelihood that a kindergartner would repeat kindergarten or require remedial reading services in first grade due to the intervention services they received in kindergarten.

The writer designed an intervention program through which 15 kindergarten children were targeted for daily small group instruction …

Leap Forward: A Reading Extended Learning Program To Improve Reading Achievement, Donna Hinton

Abraham S. Fischler College of Education ETD Archive

A group of students in 4th grade were identified as having difficulty obtaining the necessary skills to become good readers. Based on teacher observations and feedback, these students did not receive enough reading practice during the school day. The purpose of this applied dissertation was to study the effects of an extended learning program to improve reading achievement of 4th graders in an elementary school in rural Georgia. The school population was approximately 389.

The writer developed Project LEAP Forward to allow students the opportunity to improve reading skills through a structured, extended learning program. The program included a summer …