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2004

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Recent Trademark Challenges In Cyberspace And The Growth Of The Initial Interest Confusion And Nominative Fair Use Doctrines, Jeffrey M. Becker, Purvi J. Patel Jan 2004

Recent Trademark Challenges In Cyberspace And The Growth Of The Initial Interest Confusion And Nominative Fair Use Doctrines, Jeffrey M. Becker, Purvi J. Patel

Computer Law Review and Technology Journal

The relatively recent legal doctrines of "initial interest confusion" and "nominative fair use" have become the dominant buzz words for defining the scope of permissible trademark use on the Internet, especially in the on-line advertising context. The prevalence of recent trademark cases applying these doctrines stems from the difficulty involved in assessing trademark liability in cyberspace, particularly when the trademark is not used as visible expression, but is instead used as an invisible tool, such as a metatag or keyword. For example, in its well-publicized opinion of Brookfield Communications, Inc. v. W. Coast Entm 't Corp., the Ninth Circuit adopted …

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Trademark Challenges, John M. Cone Jan 2004

Trademark Challenges, John M. Cone

Computer Law Review and Technology Journal

The proponent of a product design trade dress must show that the trade dress is non-functional. In 2001, the Supreme Court considered functionality in the context of a patented, dual-spring mechanism for temporary road signs, which were designed to withstand strong gusts of wind. In reversing the lower court's summary judgment, the Sixth Circuit held that the availability of spring mechanisms, functionally equivalent but with a different appearance, rendered the dual-spring mechanism non-functional.The Supreme Court reversed, finding instead that the TrafFix dual-spring design was functional as a matter of law. The Court thus held that the availability of functionally equivalent, …

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A Softer Side To Men, Michael J. Lenney Jan 2004

A Softer Side To Men, Michael J. Lenney

Theses: Doctorates and Masters

“I am on time. It’s the afternoon of my medical for life-insurance suitability. The AMP building in Sydney is my destination. I arrive with about twenty minutes to spare. I don’t remember the receptionist. I don’t remember the faces of the doctors who attended me that day. All I can remember is that I could see the clouds passing over the glass ceiling as my blood pressure was taken several times. The first doctor took my blood pressure three times before seeking another opinion. The second doctor confirmed his fears. I was in the “too high” risk category. At the …

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Using Interactive Multimedia (Imm) To Help Year Four And Five Students Identified As Experiencing Reading Difficulties: A Formative Approach, Grace Oakley Jan 2004

Using Interactive Multimedia (Imm) To Help Year Four And Five Students Identified As Experiencing Reading Difficulties: A Formative Approach, Grace Oakley

Theses: Doctorates and Masters

This study involved four formative experiments, each of which investigated ways in which IMM (Interactive Multimedia) could be used to help children who experienced reading difficulties. In each of the four contexts, classroom teachers identified a number of students with reading difficulties, selected pedagogical goals for them and worked with the researcher to plan IMM-based activities that targeted the selected goals. The implementations were evaluated formatively and modifications were made accordingly, with the intention of 'fine-tuning' them to facilitate achievement of the pedagogical goals. Facilitative and inhibitive factors were identified during and after each formative experiment, as were unplanned outcomes. …

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Optimisation Of John The Ripper In A Clustered Linux Environment, Christian Frichot Jan 2004

Optimisation Of John The Ripper In A Clustered Linux Environment, Christian Frichot

Theses : Honours

To aid system administrators in enforcing strict password policies, the use of password cracking tools such as Cisilia (C.I.S.I.ar, 2003) and John the Ripper (Solar Designer, 2002), have been employed as software utilities to look for "weak" passwords. John the Ripper (JtR) attempts to crack the passwords by using a dictionary, brute-force or "other" mode of attack. The computational intensity of cracking passwords has led to the utilisation of parallel-processing environments to increase the speed of the password-cracking task. Parallel-processing environments can consist of either single systems with multiple processors, or a collection of separate computers working together as a …

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Natural Regeneration Of Native Vegetation On Abandoned Agricultural Land In The Fitzgerald Biosphere, Nerilee Boshammer Jan 2004

Natural Regeneration Of Native Vegetation On Abandoned Agricultural Land In The Fitzgerald Biosphere, Nerilee Boshammer

Theses : Honours

Much of the natural landscape in the south-west of Western Australia has been severely modified as a result of past and current agricultural activity. One of the most conspicuous changes has been the large scale clearing of native vegetation, The evidence of the negative impacts of this vegetation removal on the natural environment is now extensive, particularly in the south-west region of the State. In order to prevent further degradation of the landscape of the south-west and subsequent loss of endemic species, strategic revegetation within the agricultural landscape is required. Native vegetation corridors can be established, linking areas of remnant …

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An Electromyographic Comparison Of Neck Conditioning Exercises, Jemma L. Coleman Jan 2004

An Electromyographic Comparison Of Neck Conditioning Exercises, Jemma L. Coleman

Theses : Honours

It is known that sustained muscular contractions can cause muscular pain, which explains the prevalence of neck pain of employees in static and semi-static work such as dentistry, sewing machine and computer operation. Additionally, exposure to high and sustained gravitational forces in high performance combat pilots is another source of neck pain in the workplace. Individuals with neck pain have been found to show decreased neck strength, in particular neck flexor strength has been found to be less than that of the general population. It has been suggested that neck-conditioning exercises may be useful in the prevention and rehabilitation of …

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Child Custody Disputes: Bridging The Gap Between Psychologists And Family Court, Kate Pratsides Jan 2004

Child Custody Disputes: Bridging The Gap Between Psychologists And Family Court, Kate Pratsides

Theses : Honours

The number of divorce cases that come before judges and registrars within the Family Court system is steadily increasing, and so is the use of psychologists as expert witnesses. However, little is known about what the judges and registrars think of the psychologist's use of psychometric test results when writing their forensic report, this study attempts to answer that. This thesis is presented in two sections. The first is a literature review of guidelines that are available to psychologists when writing a forensic report. These guidelines include (1) broad guidelines provided by professional associations, such as the American Psychological Association; …

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Intermediate Accounting I, William Hahn Jan 2004

Intermediate Accounting I, William Hahn

Syllabus Repository

No abstract provided.

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Advanced Accounting, Ed Plastow Jan 2004

Advanced Accounting, Ed Plastow

Syllabus Repository

No abstract provided.

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Financial Statement Analysis, Steelman Library Jan 2004

Financial Statement Analysis, Steelman Library

Syllabus Repository

No abstract provided.

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The Bible And Hermeneutics: Interpreting Scripture According To The Scriptures, Richard M. Davidson Jan 2004

The Bible And Hermeneutics: Interpreting Scripture According To The Scriptures, Richard M. Davidson

Faculty Publications

No abstract provided.

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Do Rhinoceros Auklet, Cerorhinca Monocerata, Fledglings Fly To The Sea From Their Natal Burrows?, James L. Hayward, Jere K. Clayburn Jan 2004

Do Rhinoceros Auklet, Cerorhinca Monocerata, Fledglings Fly To The Sea From Their Natal Burrows?, James L. Hayward, Jere K. Clayburn

Faculty Publications

The mode of departure of Rhinoceros Auklet fledglings from their nest burrows has remained uncertain. Both walk-down and fly-down hypotheses have been proposed. Here we use the unique geography of Protection Island, Washington, to evaluate the fly-down hypothesis. Some fledglings raised on Protection Island do appear to walk to the water, but our results suggest that many of the island's fledgling Rhinoceros Auklets fly to the sea.

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To Ghana: February-March 2004, Keith Clouten Jan 2004

To Ghana: February-March 2004, Keith Clouten

Faculty Publications

The first indication that Ghana might be on my travel itinerary came during the ASDAL Conference 2000 held at Andrews University. Vida Mensah, who is library director at Valley View University in Ghana, was among several librarians who came to that conference from places worldwide. As the conference workshops drew to a close, Vida stopped by my office to talk about Valley View’s need for a new library, and to ask for my help in preparing specifications for a building. Nothing was promised, but there was an underlying assumption that I would come to Valley View University sometime soon to …

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Making Workshops Work, Gary S. Lawson Jan 2004

Making Workshops Work, Gary S. Lawson

Faculty Scholarship

The internal faculty workshop is a staple of the modern law school environment. It serves both social and intellectual functions within the faculty community. Socially, workshops are among the few occasions when large numbers of faculty assemble in the same room to do anything other than argue about appointments or the academic calendar. They are also often the primary-or even the only-way in which faculty learn what their colleagues in different fields are doing.' Intellectually, workshops are intended to improve the work product of the presenters and to sharpen or expand the thinking of the audience members.

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Gaining Momentum: A Review Of Recent Developments Surrounding The Expansion Of The Copyright Misuse Doctrine And Analysis Of The Doctrine In Its Current Form, Woodrow Hartzog Jan 2004

Gaining Momentum: A Review Of Recent Developments Surrounding The Expansion Of The Copyright Misuse Doctrine And Analysis Of The Doctrine In Its Current Form, Woodrow Hartzog

Faculty Scholarship

The United States intellectual property ("IP") system is the foundation for incentives for authors and inventors to create and invent so that their work will be distributed to the public for the betterment of society. These incentives, in the form of limited monopolies over creations via patents, copyrights, and trademarks, are becoming increasingly important as the United States depends upon intellectual property to sustain its economy. As the intellectual property industry grows, it becomes vital to preserve the impetus behind its creation: the public good, or more specifically, the public's ability to make use of and enjoy new ideas and …

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2004 Faculty Senate Meeting Minutes, Morehead State University. Faculty Senate. Jan 2004

2004 Faculty Senate Meeting Minutes, Morehead State University. Faculty Senate.

Faculty Senate Records

Faculty Senate meeting minutes for the entire year of 2004.

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Web Radio Blueprint, Michael P. Moran Jan 2004

Web Radio Blueprint, Michael P. Moran

Theses

The Internet is one of the most significant technological developments in our lifetime, and its impact affects many established technologies and media. Radio is one of the established media revolutionized by the Internet because of the expanding multi-media capabilities, leading the way to a more focused medium when compared to traditional terrestrial radio broadcasting. Radio transmissions over the Internet (Web Radio) offers the opportunity to provide content focused to a “niche” audience, while providing an opportunity for broader operator participation than terrestrial radio. Web Radio is an Information Technology that offers a viable alternative to commercial radio, which has become …

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The Design Of Interface And Function Of Cellular Phones For Old People, Yusuke Oda Jan 2004

The Design Of Interface And Function Of Cellular Phones For Old People, Yusuke Oda

Theses

A cellular phone is hard to handle for older people in terms of interface and function. In this thesis, the word "interface" stands for hardware and software interface and the word "older people" refers to Japanese people who are over 60 years old. Fundamentally, the interface must be easy to handle and convenient. In addition, it must be easy to access all of the functions that the user needs. However, it is questionable whether the interface and function of the present cellular phones are taking older people into consideration. Thus, the purpose of this thesis is to consider new interface …

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Refill System For Laundry Detergent, Sani Seesuchart Jan 2004

Refill System For Laundry Detergent, Sani Seesuchart

Theses

Not Included

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Conversation With My Art On Self-Expression, Yeo-Jung Chung Jan 2004

Conversation With My Art On Self-Expression, Yeo-Jung Chung

Theses

Not Included

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The Deceit Of Internet Hate Speech: A Study Of The Narrative And Visual Methods Used By Hate Groups On The Internet, Gina M. Albano Jan 2004

The Deceit Of Internet Hate Speech: A Study Of The Narrative And Visual Methods Used By Hate Groups On The Internet, Gina M. Albano

Theses

Intentional misinformation is a problem that has been documented in a variety of shapes and forms for thousands of years and continues to plague the American landscape. The advent and increasing usage of the Internet has created an additional venue through which intentional misinformation is disseminated, and many groups are taking full advantage of this new communication medium. Because the Internet allows anyone with web publishing skills to disseminate misinformation, it is often difficult for users to judge the credibility of the information. Hate groups understand this phenomenon and are taking full advantage of the Internet by publishing hate sites …

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Vhdl Implementation And Synthesis Of Adaptive Thresholding, Nicholas P. Sardino Jan 2004

Vhdl Implementation And Synthesis Of Adaptive Thresholding, Nicholas P. Sardino

Theses

As the world of mobile multimedia computing continues to grow, so does the need for small, high performance, low power microchips. The implementation of the software algorithms used in these systems therefore has become an increasingly important issue in more recent applications. In order to realize the goals of our technological society and keep up with the speed at which computing technology is growing, the hardware implementation of these algorithms must be examined. This thesis describes the implementation and system simulation of four image binarization algorithms. The first algorithm is a simple global thresholding algorithm, while the remaining three adapt …

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Internal Organizational Communication During Crisis Situations: The Effect Of Supportive Messages On Employee Stress Levels, Carin L. Kosmoski Jan 2004

Internal Organizational Communication During Crisis Situations: The Effect Of Supportive Messages On Employee Stress Levels, Carin L. Kosmoski

Theses

This study investigates the effects of supportive messages from immediate supervisors or CEO's on employees during crisis situations. Supportive messages are hypothesized to decrease the stress levels of employees. The extent to which supportive messages from managers or executives during crisis situations affect employee perceptions of support from their organization, their CEO, and their immediate supervisor is also explored. During the research process, 78 volunteer participants received one of three messages from a hypothetical organization following a hypothetical crisis situation. Spearman's ranked correlations comparing reported support with reported stress levels indicate that, for the group studied, there is a negative …

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Development Of A Human Visual System With The Ability To Detect Inconsistent Events, Jeremiah D. Brazeau Jan 2004

Development Of A Human Visual System With The Ability To Detect Inconsistent Events, Jeremiah D. Brazeau

Theses

Current research has shown that it is possible to create a general purpose learning system that models the first few layers of the human visual system. The goal of this thesis is to build upon that idea and produce a computational model capable of learning different aspects of visual information. Simulations show that the system is capable of learning and distinguishing different types of motion. Results also give one explanation, consistent with current experiments, explaining how the human visual system learns information and as such may produce the capability to predict behavior in future experiments.

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Anatomy Of A Chaotic Attractor: Subtle Model-Predicted Patterns Revealed In Population Data, Aaron A. King, R. F. Costantino, J. M. Cushing, Shandelle M. Henson, Robert A. Desharnais, Brian Dennis Jan 2004

Anatomy Of A Chaotic Attractor: Subtle Model-Predicted Patterns Revealed In Population Data, Aaron A. King, R. F. Costantino, J. M. Cushing, Shandelle M. Henson, Robert A. Desharnais, Brian Dennis

Faculty Publications

Mathematically, chaotic dynamics are not devoid of order but display episodes of near-cyclic temporal patterns. This is illustrated, in interesting ways, in the case of chaotic biological populations. Despite the individual nature of organisms and the noisy nature of biological time series, subtle temporal patterns have been detected. By using data drawn from chaotic insect populations, we show quantitatively that chaos manifests itself as a tapestry of identifiable and predictable patterns woven together by stochasticity. We show too that the mixture of patterns an experimentalist can expect to see depends on the scale of the system under study.

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The Readmission Decision For Students Following A Period Of Academic Dismissal: Characteristics That Predict Success, Brent A. Gage Jan 2004

The Readmission Decision For Students Following A Period Of Academic Dismissal: Characteristics That Predict Success, Brent A. Gage

All-Inclusive List of Electronic Theses and Dissertations

This mixed-method study focused on the success of students readmitted following a period of academic dismissal at a large public four-year institution. The study's purpose was to determine which characteristics of students applying for readmission following a period of academic dismissal have the greatest predictive significance in determining success upon re-enrollment at the University of Nebraska at Lincoln. Quantitative analyses tested the relationship between factors typically used in the readmission decision and their impact upon being placed in the success versus non-success group. The three groupings of variables included: (1) pre-college characteristics (ACT composite test score and high school percentile …

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What Is The Nature Of Emergent Literacy In Iran?, Mahboobeh Ayatollahzadeh Jan 2004

What Is The Nature Of Emergent Literacy In Iran?, Mahboobeh Ayatollahzadeh

All-Inclusive List of Electronic Theses and Dissertations

The purpose of this study was to explore the process of emerging literacy development in young Iranian children, and it was explored through naturalistic observation of the children's activities at home. The study aimed to determine the main elements of Iranian children's activities at home, literacy tools present in Iranian homes, and the culturally specific literacy experiences of Iranian children. The participants were 48 children ages 2, 2.5, and 3 years, who lived in Tehran and did not attend preschool or a day care center. The mothers of these children are also considered to be participants in the study. The …

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Standards, Policies And Cultural Pluralism Promoting Strategies For Achieving Competitive Advantage Supporting The Future Of Information Technology, Gary D. Clarke Jan 2004

Standards, Policies And Cultural Pluralism Promoting Strategies For Achieving Competitive Advantage Supporting The Future Of Information Technology, Gary D. Clarke

Theses

As standards and policies in Information Technology continue to develop globally, the Internet is becoming the primary vehicle for worldwide electronic commerce. Various organizations such as the ITU (International Telecommunication Union), GIIC (Global Information Infrastructure Commission), NII (National Information Infrastructure), NIST (National Institute of Standards and Technology), OECD (Organization for Economic Cooperation and Development), IEEE (Institute of Electrical and Electronics Engineers,) and the European Union, to name just a few, have strived to develop standards and policies to promote and protect consumers and organizations that conduct business on the Internet. Many challenges exist, such as computing standards, taxation, security, privacy …

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Evaluation Of The Playstation 2 As A Cluster Computing Node, Christopher R. Nigro Jan 2004

Evaluation Of The Playstation 2 As A Cluster Computing Node, Christopher R. Nigro

Theses

Cluster computing is currently a popular, cost-effective solution to the increasing computational demands of many applications in scientific computing and image processing. A cluster computer is comprised of several networked computers known as nodes. Since the goal of cluster computing is to provide a cost-effective means to processing computationally demanding applications, nodes that can be obtained at a low price with minimal performance tradeoff are always attractive. Presently, the most common cluster computers are comprised of networks of workstations constructed from commodity components. Recent trends have shown that computers being developed and deployed for purposes other than traditional personal computers …

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