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2004

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The Antepenultimacy Of The Beginning In Hegel's Science Of Logic, David G. Carlson Dec 2004

The Antepenultimacy Of The Beginning In Hegel's Science Of Logic, David G. Carlson

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


The Prosecution Of Cybergripers Under The Lanham Act, Blossom Lefcourt Dec 2004

The Prosecution Of Cybergripers Under The Lanham Act, Blossom Lefcourt

Cardozo Public Law, Policy & Ethics Journal

The note explores the legal implications of cybergripping under the Lanham Act, emphasizing the need to balance trademark protection with free speech. It critiques the inconsistent application of the commercial-noncommercial distinction in determining the legality of unauthorized trademark use and advocates for adopting the Central Hudson test to reconcile these competing interests.


A Closer Look At Development Of Self-Awareness And Compensatory Strategy Use In Adults With Traumatic Brain Injury, Melissa A. Byrne Dec 2004

A Closer Look At Development Of Self-Awareness And Compensatory Strategy Use In Adults With Traumatic Brain Injury, Melissa A. Byrne

Masters Theses

My study investigates the development of self-awareness and use of compensatory strategies in eight adults with traumatic brain injuries using the Awareness Questionnaire (AQ) and three additional questions of descriptive nature. This study also examines whether or not the severity of brain injury (mild, moderate, severe) impacts the development of self-awareness. In addition, the spouses' perceptions of client awareness are compared to the relatives' to determine existence of potential variance.

Results indicate that while there is no significant difference in self-awareness_ between the mild and moderate groups, the severe group significantly varies from both the mild and moderate groups. Also, …


Developing A Uniform Test For "Reverse Confusion" Trademark Cases In The Sports & Entertainment Industries, Nancy Del Pizzo Dec 2004

Developing A Uniform Test For "Reverse Confusion" Trademark Cases In The Sports & Entertainment Industries, Nancy Del Pizzo

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Taking One For The Team: The Role Of Assumption Of The Risk In Sports Torts Cases, Keya Denner Dec 2004

Taking One For The Team: The Role Of Assumption Of The Risk In Sports Torts Cases, Keya Denner

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Stadium-Style Seating Movie Theaters: Does The Cornerstone Of The Theater Industry's Recent Transformation Violate The Americans With Disabilities Act?, Andrea W. Hattan Dec 2004

Stadium-Style Seating Movie Theaters: Does The Cornerstone Of The Theater Industry's Recent Transformation Violate The Americans With Disabilities Act?, Andrea W. Hattan

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Sports Liability Waivers And Transactional Unconscionability, Douglas Leslie Dec 2004

Sports Liability Waivers And Transactional Unconscionability, Douglas Leslie

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Dastar Corp. V. Twentieth Century Fox Film Corp.: Widening The Gap Between United States Intellectual Property Law And Berne Convention Requirements, Teresa Laky Dec 2004

Dastar Corp. V. Twentieth Century Fox Film Corp.: Widening The Gap Between United States Intellectual Property Law And Berne Convention Requirements, Teresa Laky

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


The Monacan Nation Pow Wow: Symbol Of Indigenous Survival And Resistance In The Tobacco Row Mountains, Samuel R. Cook, John L. Johns, Karenne Wood Dec 2004

The Monacan Nation Pow Wow: Symbol Of Indigenous Survival And Resistance In The Tobacco Row Mountains, Samuel R. Cook, John L. Johns, Karenne Wood

Southern Anthropologist

This article explores the meaning of the Monacan pow wow to those who live in the host community. We contend that this pow wow constitutes a political expression for the Monacan people, a celebration of survival as indigenous people not only in a state where Indian policy took the form of "documentary genocide" (Smith, 1992), but in a county where local power brokers managed to configure a local political economy in which Indians were integrated at the bottom of a virtual caste system. Considered in a community context, this gathering also constitutes a space where the Monacan people can articulate, …


Lumbee Origins: The Weyanoke-Kearsey Connection, J. Cedric Woods Dec 2004

Lumbee Origins: The Weyanoke-Kearsey Connection, J. Cedric Woods

Southern Anthropologist

To determine the historic Virginia tribe or tribes from which the Lumbee may be descended, I have decided to search the records of North Carolina and Virginia and see where surnames linked to the Lumbee in the eighteenth, nineteenth, and early twentieth centuries appear. My goal is to see which, if any, have documented ties to specific Virginia Indian communities.


Conspiracy Theory: The Use Of The Conspiracy Doctrine In Times Of National Crisis, Marie E. Siesseger Dec 2004

Conspiracy Theory: The Use Of The Conspiracy Doctrine In Times Of National Crisis, Marie E. Siesseger

William & Mary Law Review

No abstract provided.


Circling Back To The Obvious: The Convergence Of Traditional And Reverse Discrimination In Title Vii Proof, Charles A. Sullivan Dec 2004

Circling Back To The Obvious: The Convergence Of Traditional And Reverse Discrimination In Title Vii Proof, Charles A. Sullivan

William & Mary Law Review

No abstract provided.


Amateur-To-Amateur, Dan Hunter, F. Gregory Lastowka Dec 2004

Amateur-To-Amateur, Dan Hunter, F. Gregory Lastowka

William & Mary Law Review

Copyright, it is commonly said, matters in society because it encourages the production of socially beneficial, culturally significant expressive content. Our focus on copyright's recent history, however, blinds us to the social information practices that have always existed. In this Article, we examine these social information practices, and query copyright's role within them. We posit a functional model of what is necessary for creative content to move from creator to user. These are the functions dealing with the creation, selection, production, dissemination, promotion, sale, and use of expressive content. We demonstrate how centralized commercial control of information content has been …


Correct Use Of Metered Dose Inhalers (Mdis), Joseph A. Woelfel Dec 2004

Correct Use Of Metered Dose Inhalers (Mdis), Joseph A. Woelfel

School of Pharmacy Faculty Articles

No abstract provided.


Statistical Tools For Digital Image Forensics, Alin C. Popescu Dec 2004

Statistical Tools For Digital Image Forensics, Alin C. Popescu

Dartmouth College Ph.D Dissertations

A digitally altered image, often leaving no visual clues of having been tampered with, can be indistinguishable from an authentic image. The tampering, however, may disturb some underlying statistical properties of the image. Under this assumption, we propose five techniques that quantify and detect statistical perturbations found in different forms of tampered images: (1) re-sampled images (e.g., scaled or rotated); (2) manipulated color filter array interpolated images; (3) double JPEG compressed images; (4) images with duplicated regions; and (5) images with inconsistent noise patterns. These techniques work in the absence of any embedded watermarks or signatures. For each technique we …


Dissociation Of Virtual Photons In Events With A Leading Proton At Hera, S. Chekanov, M. Derrick, J. H. Loizides, S. Magill, S. Miglioranzi, B. Musgrave, J. Repond, R. Yoshida, Margarita C. K. Mattingly, N. Pavel, P. Antonioli, G. Bari, M. Basile, L. Bellagamba, D. Boscherini, A. Bruni, G. Bruni, G. Cara Romeo, L. Cifarelli, F. Cindolo, A. Contin, M. Corradi, S. De Pasquale, P. Giusti, G. Iacobucci, A. Margotti, T. Massam, A. Montanari, R. Nania, F. Palmonari, A. Pesci Dec 2004

Dissociation Of Virtual Photons In Events With A Leading Proton At Hera, S. Chekanov, M. Derrick, J. H. Loizides, S. Magill, S. Miglioranzi, B. Musgrave, J. Repond, R. Yoshida, Margarita C. K. Mattingly, N. Pavel, P. Antonioli, G. Bari, M. Basile, L. Bellagamba, D. Boscherini, A. Bruni, G. Bruni, G. Cara Romeo, L. Cifarelli, F. Cindolo, A. Contin, M. Corradi, S. De Pasquale, P. Giusti, G. Iacobucci, A. Margotti, T. Massam, A. Montanari, R. Nania, F. Palmonari, A. Pesci

Faculty Publications

The ZEUS detector has been used to study dissociation of virtual photons in events with a leading proton, γ*p → Xp, in e+p collisions at HERA. The data cover photon virtualities in two ranges, 0.03 < Q2 < 0.60 GeV2 and 2 < Q2 < 100 GeV2, with MX > 1.5 GeV, where MX is the mass of the hadronic final state, X. Events were required to have a leading proton, detected in the ZEUS leading proton spectrometer, carrying at least 90% of the incoming proton energy. The cross section is presented as a function of t, the squared four-momentum transfer at the proton vertex, Φ, the azimuthal angle between the positron scattering plane and …


Learning From Practice: What Adr Needs From A Theory Of Justice, Katherine R. Kruse Dec 2004

Learning From Practice: What Adr Needs From A Theory Of Justice, Katherine R. Kruse

Nevada Law Journal

No abstract provided.


Look Before You Leap And Keep On Looking: Lessons From The Institutionalization Of Court-Connected Mediation, Bobbie Mcadoo, Nancy A. Welsh Dec 2004

Look Before You Leap And Keep On Looking: Lessons From The Institutionalization Of Court-Connected Mediation, Bobbie Mcadoo, Nancy A. Welsh

Nevada Law Journal

No abstract provided.


Lawyers, Democracy And Dispute Resolution: The Declining Influence Of Lawyer-Statesmen Politicians And Lawyerly Values, Jeffrey W. Stempel Dec 2004

Lawyers, Democracy And Dispute Resolution: The Declining Influence Of Lawyer-Statesmen Politicians And Lawyerly Values, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.


Active Assessment For Haccp Training: Integrating Pedagogical Reasoning With Primary Trait Analysis, Y Martin Lo, Kazuko Fukuskima, Thomas E. Rippen, Susan L. Gdovin Dec 2004

Active Assessment For Haccp Training: Integrating Pedagogical Reasoning With Primary Trait Analysis, Y Martin Lo, Kazuko Fukuskima, Thomas E. Rippen, Susan L. Gdovin

Journal of Extension

An active assessment mechanism based on Primary Trait Analysis (PTA) and the six aspects of a pedagogical reasoning model was developed to leverage the effectiveness of Hazard Analysis Critical Control Point (HACCP) training. By integrating critical thinking into the design of problem scenarios, students are expected to go through five different levels of learning, starting with comprehending science content and available resources, transforming the information for accomplishing the task, and implementing into the target process and ending with evaluating and reflecting on various outcomes of the situation. Students are thereby are expected to develop new comprehension of the topics.


Judicial Review Of European Administrative Procedure, Jurgen Schwarze Dec 2004

Judicial Review Of European Administrative Procedure, Jurgen Schwarze

Law and Contemporary Problems

Schwarze examines the requirements set down in the case law of the Court of Justice and the Court of First Instance that serve to guarantee a fair and impartial administrative process. He also considers whether improvements should be made to the design of the administrative process and, if so, what kind.


The “Standard” Administrative Procedure For Supervising And Enforcing Ec Law: Ec Treaty Articles 226 And 228, Alberto J. Gil Ibanez Dec 2004

The “Standard” Administrative Procedure For Supervising And Enforcing Ec Law: Ec Treaty Articles 226 And 228, Alberto J. Gil Ibanez

Law and Contemporary Problems

Ibanez examines the European Commission's policy and strategy in enforcement proceedings and attempts to discover the predominant European model, if such a model exists, for enforcing and supervising EC law. Ibanez focuses on some general difficulties in analyzing supervision and enforcement at the European level and the problem of implementation in more general terms.


Administrative Proceedings Involving European Agencies, Edoardo Chiti Dec 2004

Administrative Proceedings Involving European Agencies, Edoardo Chiti

Law and Contemporary Problems

Chiti reconstructs the peculiar features of proceedings involving European agencies by analyzing the relevant positive law, administrative practice, and case law. This is to ascertain, in part, what is distinctive about these proceedings, as compared to the other procedural models that are progressively emerging in the Community legal order.


Alaska Office Of Victims’ Rights: A Model For America, Stephen E. Branchflower Dec 2004

Alaska Office Of Victims’ Rights: A Model For America, Stephen E. Branchflower

Alaska Law Review

No abstract provided.


The Remote Site Doctrine In Alaska, Joseph A. Kalamarides Dec 2004

The Remote Site Doctrine In Alaska, Joseph A. Kalamarides

Alaska Law Review

No abstract provided.


Alaska’S Merit Selection For Judges, Susie M. Dosik Dec 2004

Alaska’S Merit Selection For Judges, Susie M. Dosik

Alaska Law Review

No abstract provided.


The Constitutional Battle Over The Public Interest Litigant Exception To Rule 82, Abizer Zanzi Dec 2004

The Constitutional Battle Over The Public Interest Litigant Exception To Rule 82, Abizer Zanzi

Alaska Law Review

No abstract provided.


1984 Is Still Fiction: Electronic Monitoring In The Workplace And U.S. Privacy Law, Christopher Pearson Fazekas Dec 2004

1984 Is Still Fiction: Electronic Monitoring In The Workplace And U.S. Privacy Law, Christopher Pearson Fazekas

Duke Law & Technology Review

Electronic monitoring in the workplace has been the subject of relentless public criticism. Privacy advocates argue that technological advancements have given overbearing employers powerful tools to abuse employee dignity in the name of productivity and that new legislation should bolster workplace privacy rights. This iBrief contends that current U.S. legal doctrine governing electronic monitoring in the workplace is fair given the nature and purpose of the workplace, and potential employer liability for employee misconduct.


A Report On An Arts Administration Internship With The Arts Council Of New Orleans, Marianna Roll Dec 2004

A Report On An Arts Administration Internship With The Arts Council Of New Orleans, Marianna Roll

Arts Administration Master's Reports (1984-2016)

This report documents a one semester internship with the Arts Council of New Orleans. Through a detailed description of specific projects completed, the intern shares information regarding challenges and observations. Specifically, observations deal with management structure and office efficiency. The report concludes with recommendations for improvement in these areas.


Correlating Technology Surveys And Third- And Fifth-Grade Proficiency Levels In Math And Reading Throughout Tennessee., Gary L. Lilly Dec 2004

Correlating Technology Surveys And Third- And Fifth-Grade Proficiency Levels In Math And Reading Throughout Tennessee., Gary L. Lilly

Electronic Theses and Dissertations

This study used two different sets of data collected through two distinct means during the 2002-2003 school year. To fulfill the federal accountability requirements related to the distribution of monies known as EdTech (2002), the Tennessee State Department of Education required every school within districts that accepted the formula EdTech funds to complete an online survey called the EdTech Tennessee Online Technology Evaluation or E-TOTE. The E-TOTE survey collected information on a variety of topics related to educational technology including questions about teaching and learning, educators' preparation and development, infrastructure, and equipment counts. The other set of data came from …