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2004

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Early Literacy And Making Sense In An Inclusive Preschool Classroom, Patresa A. Hartman Jan 2004

Early Literacy And Making Sense In An Inclusive Preschool Classroom, Patresa A. Hartman

Dissertations and Theses @ UNI

The purpose of this ethnographic study was to build understanding regarding the meaning and role of early literacy as a meaningful interaction in one inclusive preschool classroom. I was specifically interested in the idea of literacy as a social construction - as an interaction with one's environment for the purpose of making sense of it. Furthermore, I investigated the way this construction facilitated or denied one child's citizenship in the classroom community, which is located within an early childhood center in a mid-sized, Midwestern city. My topic, examining early literacy as a sense-making interaction, lent itself quite naturally to qualitative …


The Teacher-Student Relationship: Managing Dialectical Tensions And Their Impact On The Classroom Environment, Lori L. Johnson Jan 2004

The Teacher-Student Relationship: Managing Dialectical Tensions And Their Impact On The Classroom Environment, Lori L. Johnson

Dissertations and Theses @ UNI

In this study, I suggest that teachers and students have opportunities to develop and maintain relationships. It is my belief that learning happens within these relationships. This ethnographic study examined dialectical tensions within the teacher-student relationship. Relational dialectics theory suggests that relationships are characterized by ongoing tensions and the ways in which these tensions are managed dictates relational life. The concept of tension simply refers to the ongoing, ever-changing interaction between unified opposites, such as the tension of independence-dependence. In this study, I examined if tensions were visible, how they were managed through interactions, and possible effects on the classroom …


A Qualitative Model Test Of The Nep/Dsp, Steven R. Junge Jan 2004

A Qualitative Model Test Of The Nep/Dsp, Steven R. Junge

Dissertations and Theses @ UNI

This study evaluates a model of environmental beliefs constructed by Lester Milbrath (1989). Milbrath contends that a New Environmental Paradigm is emerging in opposition to the Dominant Social Paradigm embraced by most members of contemporary Western societies. Milbrath conducted a longitudinal study of three nations: the United States, Great Britain, and Germany. He gathered data through surveying samples of environmental leaders,, business leaders, government officials, and citizens in each of these nations. Based on data collected through these surveys, Milbrath developed a model of the New Environmental Paradigm (NEP) and Dominant Social Paradigm (DSP) reflected in the attitudes people hold …


Making The Right Gamble: The Odds On Probable Cause, Ronald J. Bacigal Jan 2004

Making The Right Gamble: The Odds On Probable Cause, Ronald J. Bacigal

Law Faculty Publications

Again, is there probable cause to detain, arrest or search each passenger? Is there probable cause to search each passenger's luggage, their autos parked at the airport and their residences? This article seeks the answer to the hypotheticals in sources ranging from the judiciary's own pronouncements on probable cause to linguistics, history mathematics and cognitive psychology.


Regulation Through Intimidation: Congressional Hearings And Political Pressure On America's Entertainment Media, Kenneth A. Paulson Jan 2004

Regulation Through Intimidation: Congressional Hearings And Political Pressure On America's Entertainment Media, Kenneth A. Paulson

Vanderbilt Journal of Entertainment & Technology Law

This paper explores how Congress has shaped and limited the content of films, comic books, popular music, and television over the past century. Specifically, this report focuses on the path to "self-regulation" and industry-wide codes for these four media, and how government used pressure and influence to spur the adoption of standards.


United States' Trade Policy And The Exportation Of United States' Culture, Beverly I. Moran Jan 2004

United States' Trade Policy And The Exportation Of United States' Culture, Beverly I. Moran

Vanderbilt Journal of Entertainment & Technology Law

The United States trade deficit grows larger each year.' What the trade deficit means and what is to be done in response to its growth shifts with administrations and over time. Nevertheless, since World War II, the United States' general position on international trade has been unbridled support for free access to free markets.

Now, the world economy is changing and our economy is responding. When the international trade regime we work under began cross border trade meant steel and oil and cotton. Now, our Gross Domestic Product and employment comes from services as much as anything else. Just as …


Typosquatters, The Tactical Fight Being Waged By Corporations, And Congress' Attempt To Fight Back In The Criminal Arena, David A. Gusewelle Jan 2004

Typosquatters, The Tactical Fight Being Waged By Corporations, And Congress' Attempt To Fight Back In The Criminal Arena, David A. Gusewelle

Vanderbilt Journal of Entertainment & Technology Law

Part II of this Note presents an overview of domain names as well as a general overview of cybersquatting and trademarks. Part III analyzes some of the measures Congress has taken against cybersquatting and the case law under those measures. Part IV gives a general overview of typosquatters, who constitute a subgroup of cybersquatters. Part V discusses the TDNA and issues that have been addressed through U.S. v. Zuccarini. Part VI asks whether the TDNA is an unconstitutional restriction on free speech. Part VII questions whether criminal liability is appropriate and argues for a higher culpability standard in § 2252(B)(b) …


A Traitor In Our Midst: Is It Your Tivo?, Teresa W. Chan Jan 2004

A Traitor In Our Midst: Is It Your Tivo?, Teresa W. Chan

Vanderbilt Journal of Entertainment & Technology Law

Part I of this Note provides a backdrop of the different aspects of privacy law, focusing on the federal statutory schemes that are applicable to the issue of information gathering and the different possible uses of that information as a violation of privacy rights that have appeared in similar technology cases up to this point in time. This section will also focus on the capabilities of TiVo in more depth.

Part II of the Note examines both of TiVo's questionable actions: first, whether gathering information to sell to advertisers and networks in the form of aggregate data violates privacy rights; …


Too Much Of A Good Thing: Deciphering Copyright Infringement For The Musician, Joseph K. Christian Jan 2004

Too Much Of A Good Thing: Deciphering Copyright Infringement For The Musician, Joseph K. Christian

Vanderbilt Journal of Entertainment & Technology Law

Imitation may indeed be flattering, but at least in the world of music, too much imitation is illegal. Copyright law protects "original works of authorship fixed in any tangible medium of expression. "It guarantees the owner of a copyrighted work the exclusive right to reproduce, distribute, display, and publicly perform the work, among other rights. To the owner of a copyright in music, that means that no one else may perform the musical work, or make or distribute copies of the original manuscript or a recording of the work, without the permission of the copyright owner.'


A Whole Different Ball Game: Ticket Scalping Legislation And Behavioral Economics?, Jasmin Yang Jan 2004

A Whole Different Ball Game: Ticket Scalping Legislation And Behavioral Economics?, Jasmin Yang

Vanderbilt Journal of Entertainment & Technology Law

Baseball is the sport most closely intertwined with American culture.' In many ways, the scandals associated with baseball, such as antitrust, segregation, and labor disputes, parallel and reflect the nation's development. In helping to shape the nation's collective identity, baseball's history is a sentimental reminder of a time when people were less concerned with profit and more interested in democratic access. And despite its somewhat tarnished image, many people want to champion and maintain the purity of the game. In jarring contrast, ticket scalpers personify the intersection of America's love for baseball with its love of profit. They represent pure …


The Music Industry's Failed Attempt To Influence File Sharing Norms, Steven A. Hetcher Jan 2004

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 Jan 2004

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 …


Reply To Judge Easterbrook: The Unsupported Delegation Of Conflict Adjudication In Erisa Benefit Claims Under The Guise Of Judicial Deference, Donald T. Bogan Jan 2004

Reply To Judge Easterbrook: The Unsupported Delegation Of Conflict Adjudication In Erisa Benefit Claims Under The Guise Of Judicial Deference, Donald T. Bogan

Oklahoma Law Review

No abstract provided.


Reply To Judge Easterbrook: Regarding History As A Judicial Duty, Harry F. Tepker Jan 2004

Reply To Judge Easterbrook: Regarding History As A Judicial Duty, Harry F. Tepker

Oklahoma Law Review

No abstract provided.


Marbury's Legacy Of Judicial Review After Two Centuries, Harry F. Tepker Jan 2004

Marbury's Legacy Of Judicial Review After Two Centuries, Harry F. Tepker

Oklahoma Law Review

No abstract provided.


Expected Value Arbitration, Joshua Davis Jan 2004

Expected Value Arbitration, Joshua Davis

Oklahoma Law Review

No abstract provided.


Torts: Praying For The Parish Or Preying On The Parish? Clergy Sexual Misconduct And The Tort Of Clergy Malpractice, Emily C. Short Jan 2004

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 Jan 2004

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.


Direct-To-Consumer Genetic Tests, Government Oversight, And The First Amendment: What The Government Can (And Can't) Do To Protect The Public's Health, Gail H. Javitt, Erica Stanley, Kathy Hudson Jan 2004

Direct-To-Consumer Genetic Tests, Government Oversight, And The First Amendment: What The Government Can (And Can't) Do To Protect The Public's Health, Gail H. Javitt, Erica Stanley, Kathy Hudson

Oklahoma Law Review

No abstract provided.


Justice For Iraq, Justice For All, Michael J. Frank Jan 2004

Justice For Iraq, Justice For All, Michael J. Frank

Oklahoma Law Review

No abstract provided.


Antitrust In Amateur Athletics: Fourth And Long: Why Non-Bcs Universies Should Punt Rather Than Go For An Antitrust Challenge To The Bowl Championship Series, Jodi M. Warmbrod Jan 2004

Antitrust In Amateur Athletics: Fourth And Long: Why Non-Bcs Universies Should Punt Rather Than Go For An Antitrust Challenge To The Bowl Championship Series, Jodi M. Warmbrod

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. Jan 2004

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.


Malignant Indifference: The Wages Of Contemporary Child Labor In The United States, Seymour Moskowitz Jan 2004

Malignant Indifference: The Wages Of Contemporary Child Labor In The United States, Seymour Moskowitz

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 Jan 2004

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.


Constitutional Law: Beyond The Bounds Of Roe: Does Stenberg V. Carhart Invalidate The Partial-Birth Abortion Ban Act Of 2003, Scott A. Hodges Jan 2004

Constitutional Law: Beyond The Bounds Of Roe: Does Stenberg V. Carhart Invalidate The Partial-Birth Abortion Ban Act Of 2003, Scott A. Hodges

Oklahoma Law Review

No abstract provided.


Securities Law: Proxies Pull Mutual Funds Into The Sunlight: Mandatory Disclosure Of Proxy Voting Records, H. Anne Nicholson Jan 2004

Securities Law: Proxies Pull Mutual Funds Into The Sunlight: Mandatory Disclosure Of Proxy Voting Records, H. Anne Nicholson

Oklahoma Law Review

No abstract provided.


Antitrust Law: Indirect Purchaser Standing To Sue In Oklahoma - Major V. Microsoft Corp., Keith D. Tracy, Ronald L. Walker Jan 2004

Antitrust Law: Indirect Purchaser Standing To Sue In Oklahoma - Major V. Microsoft Corp., Keith D. Tracy, Ronald L. Walker

Oklahoma Law Review

No abstract provided.


Recent Developments In Oklahoma Class Action Law, Jim T. Priest, Michael R. Pacewicz Jan 2004

Recent Developments In Oklahoma Class Action Law, Jim T. Priest, Michael R. Pacewicz

Oklahoma Law Review

No abstract provided.


Drug-Detection Dogs, Traffic Stops, And The Fourth Amendment, Michael J. Fields Jan 2004

Drug-Detection Dogs, Traffic Stops, And The Fourth Amendment, Michael J. Fields

Oklahoma Law Review

No abstract provided.


Student Suspension For Possession Of Contraband In Student Vehicles: Correct Guidance From The Tenth Circuit, Larry Lewis Jan 2004

Student Suspension For Possession Of Contraband In Student Vehicles: Correct Guidance From The Tenth Circuit, Larry Lewis

Oklahoma Law Review

No abstract provided.