Digital Commons Network^™

The Music Industry's Failed Attempt To Influence File Sharing Norms, Steven A. Hetcher

Vanderbilt Journal of Entertainment & Technology Law

Digitization and related technologies such as file-sharing software and wireless communications are revolutionizing how intellectual content is distributed and consumed. At the same time, the ways in which consumers have chosen to use this technology are challenging how characteristics of intellectual property ownership are defined. Some of the important rights promised to owners under the Copyright Act may begin to appear as little more than formal guarantees if the explosive trend toward unauthorized copying continues to expand. As a result, the content industry has viewed the ever-expanding footprint of digital media as a mixed blessing. While this technology promises vastly …

Jose Marti And The Call Of Technology In "Amor De Ciudad Grande", David Laraway

Faculty Publications

Sometime in November of 1883, readers of the Spanish-language periodical La Ameica opened their paper to discover that a fantastic-sounding invention had recently been unveiled at a technology exposition in Vienna. "Es un aparatillo ingeniosisimo," exclaimed Jos6 Marti, a correspondent for the paper:

Puesto en lo interior de la boca [...] reproduce [el habla] sobre el papel con perfecci6n de escribiente del siglo XV. S6lo exige que se pronuncie con toda claridad; y cada silaba, al punto que es pronunciada, ya es colocada sobre el papel que la espera, sin molestia alguna para el que habla; y sin confusi6n para …

Torts: Praying For The Parish Or Preying On The Parish? Clergy Sexual Misconduct And The Tort Of Clergy Malpractice, Emily C. Short

Oklahoma Law Review

No abstract provided.

Employment Law: Reasonable Accomodation Under The Americans With Disabilities Act Vs. Employee Seniority Rights: Understanding The Real Conflict In U.S. Airways V. Barnett, Blake Sonne

Oklahoma Law Review

No abstract provided.

Biotechnology Law: A Tale Of Peptides And Lasers: Is Integra Lifesciences I, Ltd. V. Kgaa The End Of The Experimental Use Defense For Biomedical Innovation, Or Does § 271(E)(1) Of The Patent Act Save The Day, Melissa J. Alcorn Ph.D.

Oklahoma Law Review

No abstract provided.

There's Madness In The Method: A Commentary On Law, Statistics, And The Nature Of Legal Education, Steven B. Dow

Oklahoma Law Review

No abstract provided.

Say It Loud! African-American Audiences, Media, And Identity, Gordon Alley-Young

Publications and Research

No abstract provided.

Genotypic And Environmental Modification Of Asian Noodle Quality Of Hard Winter Wheats, Robert A. Graybosch, N. Ames, P. Stephen Baenziger, C. J. Peterson

Department of Agronomy and Horticulture: Faculty Publications

The relative effects of environment, genotype, and their interactions on the modification of Asian noodle quality attributes were assessed using 38 winter wheat (Triticum aestivum L.) cultivars and breeding lines grown in replicated trials at three Nebraska locations in harvest year 2000. Noodle color was determined in both white salted and yellow alkaline procedures, and noodle textural features were investigated by producing white salted noodles. Significant environmental, genotypic, and genotype-by-environment variation was observed for nearly all initial and 24-hr noodle color traits in both types of noodles. Significant genotypic effects were observed for several textural traits, while significant environmental …

Carter County Newspaper Extractions, 1893-1930: Births, Marriages And Licenses, Deaths, Anniversaries, Reunions, Birthdays, And More, Sheri K. Pettit

Carter County Genealogy Collection

A publication titled, Carter County Newspaper Extractions, 1893-1930: Births, Marriages and Licenses, Deaths, Anniversaries, Reunions, Birthdays, and More. Papers include East Kentucky Journal, Carter County Herald, The Progressive, Carter County Courier, Olive Hill Times, Olive Hill Dispatch, The Bugle-Herald, Grayson Tribune, Carter County Bugle and The Democrat.

Fast Registration Of Tabular Document Images Using The Fourier-Mellin Transform, William A. Barrett, Luke A. D. Hutchison

Faculty Publications

A new technique is presented for quickly identifying global affine transformations applied to tabular document images, and to correct for those transformations. This technique, based on the Fourier-Mellin transform, is used to register (align) a set of tabular documents to each other. Each component of the affine transform is handled separately, which dramatically reduces the total parameter space of the problem. This method is robust, and deals with all components of the affine transform in a uniform way. The Fourier-Mellin transform is also extended to handle shear, which can approximate a small amount of perspective distortion, and to not need …

Transnational Labor Mobilizing In Two Mexican Maquiladoras: The Struggle For Democratic Globalization, Victoria Carty

Sociology Faculty Articles and Research

The struggle to improve workers' rights in Mexican maquiladoras and export processing zones elsewhere in the world is central to the politics of global economic integration. State-centered development is increasingly compromised by supranational institutions and trade agreements. Meanwhile, multinational corporations are relocating at an unprecedented rate to overseas locations. Export processing zones are notorious for poor working conditions and result in a "race to the bottom." The maquila sector in Mexico is a prime example of this phenomenon. This article uses two case studies to examine ways in which grassroots organizing has successfully resisted low wages and poor working conditions …

Multiple Domains Of The Co-Chaperone Hop Are Important For Hsp70 Binding, Gregory M. Nelson, Patricia E. Carrigan, Patricia J. Roberts, Jha'nae Stoffer, Daniel L. Riggs, David F. Smith

Faculty Publications

The Hop/Sti1 co-chaperone binds to both Hsp70 and Hsp90. Biochemical and co-crystallographic studies have suggested that the EEVD-containing C terminus of Hsp70 or Hsp90 binds specifically to one of the Hop tetratricopeptide repeat domains, TPR1 or TPR2a, respectively. Mutational analyses of Hsp70 and Hop were undertaken to better characterize interactions between the C terminus of Hsp70 and Hop domains. Surprisingly, truncation of EEVD plus as many as 34 additional amino acids from the Hsp70 C terminus did not reduce the ability of Hsp70 mutants to co-immunoprecipitate with Hop, although further truncation eliminated Hop binding. Hop point mutations targeting a carboxylate …

A Computational Approach To Resolving Certain Issues In Spanish Stress Placement, David Eddington

Faculty Publications

Previous research into Spanish stress assignment suggests that accentuation involves learning and storing individual word tokens along with their inherent stress patterns, and analogizing on stored words when the need arises to determine the stress pattern of an unknown or unavailable word. Exactly what variables are most relevant to stress assignment has been hotly debated. In the present study, a number of analogical simulations were carried out to determine whether elements of the CV tier, syllable weight, phonemic representation, or a combination of these, best accounts for accentuation in Spanish.

Fertilizing Flax, Dave Franzen

SF Series – Soils & Fertilizers

No abstract provided.

Connections Between Teacher And Student Attitudes Regarding Script Choice In First-Year Japanese Language Classrooms, Dan Dewey

Faculty Publications

This study investigates connections between teacher and student attitudes related to the delayed (or immediate) introduction of Japanese script in the Japanese language classroom. Two groups of students completed questionnaires concerning their attitudes toward the immediate or delayed introduction of Japanese script and the use of romaji (romanized Japanese) in the Japanese as a second language classroom. The first group was introduced to Japanese script immediately, and romaji was not used in their textbook. The second group used a romaji textbook and was introduced toJapanese script at a later time and a slower rate. Teacher attitudes were also assessed using …

Why Do Auditors Over-Rely On Weak Analytical Procedures? The Role Of Outcome And Insensitivity To Precision, Steven M. Glover, Douglas F. Prawitt, T. Jeffrey Wilks

Faculty Publications

Recent evidence from highly publicized frauds and from the Public Oversight Board’s Panel on Audit Effectiveness (2000) indicates that auditors sometimes over-rely on weak evidence supporting a clean audit opinion. In experiment 1 we examine whether a favorable outcome, together with insensitivity to factors relating to the strength of evidence, could lead to over-reliance on weak substantive procedures. In experiment 2 we examine whether an explicit ex ante prompt can sensitize auditors to the weaknesses of an unreliable substantive procedure. Our examination is conducted in the context of substantive analytical procedures that are performed to provide evidence during the substantive …

A Bayesian Operationalization Of The Resource-Based View, Mark H. Hansen, Lee T. Perry, C. Shane Reese

Faculty Publications

This paper argues that the gap between the theoretical utility and the practical utility of the resource-based view (RBV) may be narrowed by operationalizing the theory more consistently with Penrose's original framework. The operationalization proposed here is a twofold approach. First, the RBV may be enhanced by the explicit recognition of Penrose's two classes of resources, namely, administrative resources and productive resources. This distinction suggests a focus on the administrative decisions of managers that lead to economic performance. Second, we argue that the RBV is a theory about extraordinary performers or outliers—not averages. Therefore, the statistical methods used in applying …

Ten Efficient Research Strategies For Distance Learning, Thomas C. Wright, Scott L. Howell

Faculty Publications

Today's distance education administrator, frequently with an expertise in another academic discipline, is also supposed to be a distance education scholar. This expectation results from the recent interest in distance learning that nearly all institutions of learning and disciplines of study have shown. More research, studies, journals, and essays about distance education also exist than at any other time.

A distance education administrator and an education research librarian at Brigham Young University have teamed up to identify ten pragmatic research strategies to help new, busy, and even a few experienced distance education administrators stay current in their field and successful …

Revisiting The Asian Values Argument Used By Asian Political Leaders And Its Validity, Chang Yau Hoon

Research Collection School of Social Sciences

No abstract provided.

Book Review Of The Home Office And The Dangerous Trades: Regulating Occupational Disease In Victorian And Edwardian Britain, Michael Ashley Stein

Faculty Publications

No abstract provided.

Ngo Participation In Human Rights Law And Process: Latest Developments In The Effort To Develop An International Treaty On The Rights Of People With Disabilities, Janet E. Lord

Articles

No abstract provided.

Mirror, Mirror On The Wall: Voice Accountability And Ngos In Human Rights Standard Setting, Janet E. Lord

Articles

No abstract provided.

The Dependence Of The Overall Drying Time And Product Quality Of A Lyophilization Process On The Relative Position Of Vials On A Tray With Tray Sides And Without Tray Sides For Different Heat Input Control Policies, Kian Hui Gan

Masters Theses

"The dynamic behavior of the primary and secondary drying stages of the lyophilization process were studied when (a) single vials located at different positions on the tray were individually being dried, and (b) the vials on the tray are arranged in clusters of square and hexagonal arrays and all the vials on the tray are simultaneously being dried. For both cases (a) and (b), fast drying times and relatively more uniform distributions of temperature and concentration of bound water at the end of the secondary drying stage are obtained by heat input control that runs the lyophilization process close to …

Raiding Islam: Searches That Target Religious Institutions, John G. Douglass

Law Faculty Publications

On the morning of March 20, 2002, while television cameras recorded the events for the evening news, dozens of federal agents entered and searched the offices of several Islamic educational and religious organizations in Northern Virginia. The agents were searching, it appears, for evidence that those organizations contributed money to international groups known to have sponsored terrorist acts. By most public accounts, the targeted institutions were regarded as moderate and progressive voices in American Islam. For that reason, the searches sent shock waves through the American Muslim community. Muslims who had supported the Administration's domestic war on terrorism began to …

Doing Right By Charles Alan Wright, Carl W. Tobias

Law Faculty Publications

Review of Charles Alan Wright & Mary Kay Kane, Law of Federal Courts (6th ed. 2002)

Insurance Binders Revisited, Peter N. Swisher

Law Faculty Publications

Temporary contracts of insurance-binders-protect the insured during the time between completion of the application and issuance of the policy. They are an accepted and necessary part of the insurance business, used in connection with a wide variety of insurance P7:oducts. But when alleged coverage under a binder is the subject of litigation, the results are often inconsistent and, sometimes, indefensible. This article provides a comprehensive discussion of binders, including the differences between standard form and manuscript binders, binding receipts in property and casualty insurance and conditional receipts in life insurance policies, the various kinds of conditional receipts, and otherwise. The …

Brief Of Professors Francesco Berlingieri Et Al. A S Amici Curiae In Norfolk Southern Railway Co. V. James N. Kirby Pty . Ltd., John Paul Jones

Law Faculty Publications

From the Summary of Argument:

In the twelve major commercial maritime nations represented by amici, a transport intermediary acts either as an agent or as a principal--depending on the facts of the case--and no legal rule requires an intermediary to act as an agent when it has not agreed to do so. When an intermediary acts as an "agent" to contract on behalf of its customer, the customer is bound by the contract between the intermediary agent and a third-party carrier, but when the intermediary assumes for itself the carrier's role in a contract with its customer, the customer will …

Congress, Public Values, And The Financing Of Private Choice, Mary L. Heen

Law Faculty Publications

This Article examines the financing dimension of private choice, with a focus on Congress’s taxing and spending decision-making processes. The Article begins with an overview of the financing and performance dimensions of privatization decisions, followed by an analysis of how taxation relates to both dimensions. Private choice can be financed individually, that is, paid for by an individual’s own resources, facilitated by general tax reduction. Alternatively, private choice can be financed collectively by using tax revenues (or borrowed funds) to pay for privately provided goods and services. The tendency in political debate to conflate those two forms of financing, as …

Table Of Contents For Volume 92, Issue 3, Kentucky Law Journal

Kentucky Law Journal

No abstract provided.

Tribute To Willburt D. Ham, Robert G. Lawson, Rutheford B. Campbell Jr., Christopher W. Frost

Kentucky Law Journal

No abstract provided.