Digital Commons Network^™

Turning Worms: Some Thoughts On Liabilities For Spreading Computer Infections, Richard Owens

Canadian Journal of Law and Technology

Two aspects of the virus/worm liability problem are of particular note. The first is how tightly the Internet binds together many possible defendants; those who build and run it, those who populate it with increasingly complex electronic commerce Web sites, those who provide terminal software, those who send electronic mails, those who design its security algorithms, those who insure it, and those who hack it, amongst others.

The second aspect is how speculative such a review is. Little case law pertains. Even the language of the law(what does it really mean when we assess liability on the basis of a …

Following The Right Lead: Gutnick And The Dance Of Internet Jurisdiction, Mary Paterson

Canadian Journal of Law and Technology

As improving methods of travel and communication facilitated the shift from an agrarian to an industrial society, the common law courts increasingly faced interjurisdictional disputes. Although British paternalism dominated early cases in which courts assumed jurisdiction over people, property, and actions in distant lands, these cases and the imperial attitudes informing them were slowly replaced by more modest jurisdictional assertions based on a sense of comity. The shift from an industrial society to an information-based society and the simultaneous growth of a global infrastructure based on satellite, telephone, cable, and cellular technologies have stretched jurisdictional doctrines in new ways, calling …

Les Consommateurs Et Les Clubs Vidéo Ont-Ils Le Droit De Modifier Les Films À Leur Guise?, René Pépin

Canadian Journal of Law and Technology

Dans un premier temps, nous voulons étudier le litige en cours. Même si aucune décision sur le fond n’est susceptible d’être rendue à court terme, nous pouvons scruter les prétentions des parties et voir l’état du droit aux États-Unis sur ce sujet. Nous examinerons ensuite comment cette problématique serait traitée au Canada.

Et c’est ici que la question soulevée dans le litige revêt tout son intérêt, car elle met en jeu des notions fonda- mentales en matière de droit d’auteur. On devra ainsi se demander si le fait pour une personne ou une entreprise de retrancher des séquences représentant quelques …

The Poison Pill In Japan: The Missing Infrastructure, Ronald J. Gilson

Faculty Scholarship

The coming of hostile takeovers to Japan has been anticipated, and anticipated, and anticipated. Each report of a reduction in the size of crossholdings among Japanese companies and in the size of Japanese bank stockholdings in their clients has given rise to an expectation that now, at last, hostile offers would emerge. It is not surprising that commentators looked forward, optimistically, to the arrival of a potentially disruptive takeover technique. The extended Japanese recession, together with management resistance to internally implemented restructurings and the barriers to externally imposed restructurings, has created the potential for substantial private and social gain from …

Effects Of Residential Xeriscape Conversions On Property Values: A Baseline Case Study, Andréa E. Baker

UNLV Theses, Dissertations, Professional Papers, and Capstones

The conversion of grass lawns to xeriscape has become more prevalent in the desert Southwest, including here in the Las Vegas Valley. The purpose of this thesis was to determine whether the conversion of residential landscapes from grass lawn to xeriscape influences the property value of a home. This case study involved the comparison of property values for residential homes that had participated in the Southern Nevada Water Authority’s Water Smart Landscapes rebate program and non-participant homes with similar amenities before and after the landscape conversion. The results of the analysis show that xeriscape dose have a potentially positive impact …

Precambrian Meta-Ultramafic Rocks From The Tobacco Root Mountains, Montana, Kathleen E. Johnson, John B. Brady, William A. Macfarlane, Rebecca B. Thomas, Chris J. Poulsen, M. Jennifer Sincock

Geosciences: Faculty Publications

Meta-ultramafic rocks occur as small (2 to 100 m long), podiform bodies in all three major Precambrian rock suites of the Tobacco Root Mountains of southwest Montana. Most samples consist of a randomly oriented, coarse-grained assemblage of orthopyroxene, olivine, and magnesiohornblende ± spinel, partially replaced by a fine-grained assemblage that may include anthophyllite, talc, cummingtonite, magnesiohornblende, chlorite, serpentine, and/ or magnetite. Blackwall reaction zones of anthophyllite, actinolite, chlorite, and/or biotite surround several of the meta-ultramafic bodies. The absence of clinopyroxene with orthopyroxene limits the metamorphic pressure-temperature history of these rocks to temperatures below ~800 °C. The presence of anthophyllite with …

Regulating Teenage Abortion In The United States: Politics And Policy, Carol Sanger

Faculty Scholarship

Thirty-four US states currently require pregnant minors either to notify their parents or get their consent before having a legal abortion. The Supreme Court has upheld the constitutionality of theses statutes provided that minors are also given an alternative mechanism for abortion approval that does not involve parents. The mechanism used is the 'judicial bypass hearing' at which minors persuade judges that they are mature and informed enough to make the abortion decision themselves. While most minors receive judicial approval, the hearings intrude into the most personal aspects of a young woman's life. The hearings, while formally civil in nature, …

Our Selma Is Here: The Political And Legal Struggle For Educational Equality In Denver, Colorado, And Multiracial Conundrums In American Jurisprudence, Tom I. Romero Ii

Scholarly Works

No abstract provided.

The Key Lessons The Iraqi Special Tribunal Can Learn From The Icty, Ictr, And Scsl, Ahran Kang

War Crimes Memoranda

No abstract provided.

At The Trial Of An Accused Person, Whether The Fact That A Judge Has Written Critically About That Accused Before He Came To Be Appointed As Judge Impugns The Competence, Independence And Impartiality Of The Tribunal Of Which That Judge Forms A Part, Gregory D. Metrick

War Crimes Memoranda

No abstract provided.

Does Security Council Resolution 1503 That Calls For Referral Of Ictr And Icty Cases To National Jurisdictions (And Which Was Adopted, As Were The Icty And Ictr Statutes, Pursuant To Chapter 7 Of The Charter Of The United Nations, Expand The Jurisdiction Of These Nations Over The Relevant Crimes? If The Language Of The Resolution Is Inadequate, Can It Be Done By A More Explicit Security Council Resolution?, John T. Rotterman

War Crimes Memoranda

No abstract provided.

Forced Marriage As A Prosecutable Crime Against Humanity, Suzanne D. Mattler

War Crimes Memoranda

No abstract provided.

The Effect Of The International Covenant Of Civil And Political Rights On The United States Of America, Monica E. Nussbaum

War Crimes Memoranda

No abstract provided.

The Icc Has Jurisdiction Where War Crimes, Crimes Against Humanity Or Genocide Are Committed Within The Territory Of A State Party. Can It Also Prosecute Those Who Plan Or Order Such Crimes, If They Do So Outside The Territory Of A State Party And If They Are Not Nationals Of A State Party?, Christa A. Grywalsky

War Crimes Memoranda

No abstract provided.

The Jurisdiction Of Military Commissions Over Those Captured On The Battlefield In Afghanistan And Then Moved To Guantanamo Bay Naval Base For Trial, Beau D. Hollowell

War Crimes Memoranda

No abstract provided.

The Legitimacy Of Article 4(B) And The Status Of Unamsil As Civilians Under The International Law Of Armed Conflict, Christopher M. Mclaughlin

War Crimes Memoranda

No abstract provided.

To What Extent Can The Special Court For Sierra Leone Constitutionally Issue An Exterritorial Subpoena To A Non-Resident Witness To Testify Before The Court, Lukas M. Grabiec

War Crimes Memoranda

No abstract provided.

Whether The Referrals To The Icc By Uganda And The Democratic Republic Of Congo Violate The Principle Of Complementarity, Andrea Telloni

War Crimes Memoranda

No abstract provided.

Would It Be An Appropriate Use Of Prosecutorial Discretion If The Prosecutor Declined To Initiate An Investigation In The Case Of An Alleged Offender Who Has Been Given Amnesty Or Asylum?, Mark A. Pustay

War Crimes Memoranda

No abstract provided.

Before The Doors Closed: A Historical Perspective On Public Access, David S. Tanenhaus

Scholarly Works

No abstract provided.

Factors Influencing The Accuracy Of Task Completion Time Estimates, Kevin Edward Thomas

School of Psychology Theses

Whilst considerable research has found that people tend to underestimate their task completion times (e.g., Buehler et al., 1994), factors that might influence the accuracy of temporal predictions have received little empirical treatment. The research presented in this thesis identified two distinct factors that mediated time estimation accuracy and bias. One factor was task duration, whereas the other factor was the person’s prior experience of the task. There was evidence that having prior experience of performing all or a substantial part of the same task enabled participants to more accurately estimate its duration. Additionally, predictions were more accurate when participants …

Ecology And Conservation Of Mediterranean Temporary Ponds In The Uk, Louise Mcabendroth

School of Biological and Marine Sciences Theses

Macroinvertebrate and plant assemblage composition and abiotic habitat characteristics were examined in seventy-six ponds, in the New Forest (Hampshire. UK) and on the Lizard Peninsula (Cornwall, UK), in order to unravel the ecological processes influencing ponds at a range of spatial scales and provide a clear definition of Mediterranean Temporary Pond (MTP) habitat (92/43/EEC)in the UK. In addition, a set of newly created experimental ponds were monitored on the Lizard to examine patterns of colonisation and evaluate the use of habitat creation in temporary pond conservation. The findings are synthesised into a number of management recommendations for ponds in the …

Studies On Myxozoan Parasites Of Freshwater Fish And Invertebrate Hosts, Matthew Longshaw

School of Biological and Marine Sciences Theses

A study of myxozoan parasites has been investigated in hosts from freshwater environments in the UK. Over 17,000 oligochaetes, almost 5,000 juvenile cyprinids representing 7 species and over 60 invertebrate species have been examined for the presence of myxozoan parasites. In addition, studies on the lifecycle of Tetracapsuloides bryosalmonae (the causative agent of salmonid proliferative kidney disease, PKD) and of selected cyprinid myxozoans were conducted. A total of 21 actinospore types in seven collective groups were isolated and described from oligochaetes collected from seven different river systems in England and Wales. Twelve of the actinospores isolated appear to be new …

Deconstructing The Tower Of London : Resolution, Alternatives And Executive Function, Hassina Carder-Gilbert

School of Psychology Theses

Although widely employed as an executive task, the performance demands of the Tower of London task (TOL) are not well understood. The aim of this Thesis is to determine what TOL measures and seven studies are included that illustrate its performance demands. Much of the work is experimental and TOL is explored via a novel verification paradigm in which participants make speeded judgements about whether a demonstrated move is optimal or suboptimal. The deconstruction of the task to the level of the individual move indicated that the number of moves until a disk was placed in its goal position (resolution) …

Aicpa Annual Report 2003-04; Aicpa: Where Cpas Come Together, American Institute Of Certified Public Accountants

AICPA Annual Reports

No abstract provided.

The Constitution And The Public Trust, Robert G. Natelson

Faculty Law Review Articles

This article explores whether the recurrent references to the public trust were merely empty phrases or whether it really was a "general purpose" of the founders to impose fiduciary standards on the federal government. Part II lists some fiduciary duties potentially applicable to government. Part III summarizes the process by which the Constitution was drafted, debated, and ratified. Part IV examines works by some of the founder's favorite authors and who, the author finds, frequently advocated imposing fiduciary standards on government officials. Part V discusses the role of public trust concepts in the drafting, submission, and ratification of the Constitution. …

Better Writing, Better Thinking: Using Legal Writing Pedagogy In The "Casebook" Classroom (Without Grading Papers), Mary Beth Beazley

Scholarly Works

In this Article, Professor Beazley proposes that a Legal Writing revolution is the next revolution in legal education, and that the revolution is not just coming, it has begun. She offers first steps for law school faculty to take in furtherance of this revolution. Professor Beazley argues that the pioneers of this new revolution are Legal Writing faculty. Section I of this Article examines some ways that the law school culture that segregates Legal Writing faculty has both promoted their opportunities to develop innovative pedagogies and inhibited their ability to share those pedagogies with other faculty. Section II explains certain …

Electronic Properties Study Of Sensitizing Centers In Chemical Sensitization, Ji Tan

Theses

Reduction sensitization, sulfur sensitization and sulfur-plus-gold sensitization are the

The Abnā Al-Dawla: The Definition And Legitimation Of Identity In Response To The Fourth Fitna, John P. Turner

Faculty Articles

Reopens the question about the identity and provenance of the abã al-dawla of the Abbasid dynasty. Period when these individuals formed an identity; Previous definitions of abã al-dawla; Reason why they formed a collective.

Strange Loops As (Inter) Disciplinary Ecriture And Invention, M. Todd Harper

Faculty Articles

Provides a definition of strange loops in the book "The Moment of Complexity: Emerging Network Culture," by Mark C. Taylor. Collection of self-portrait comments; Representation of the arts; Inability of language to represent reality.