Digital Commons Network^™

Merit Vs. Ideology, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Rule 10b-5 And The "Unfitness" Question, Jayne W. Barnard

Faculty Publications

No abstract provided.

The Capital Gains "Sieve" And The "Farce" Of Progressivity 1921-1986, John W. Lee

Faculty Publications

No abstract provided.

Differences In Levels Of Voter Turnout Among The Mexican States, David R. Hansen, Errol L. King, Samuel H. Peterson

Sigma: Journal of Political and International Studies

No abstract provided.

Theories Of Presidential Decision Making: Wilson, Roosevelt, And The Soviet Union, Jeremy Lloyd

Sigma: Journal of Political and International Studies

No abstract provided.

Policing The Border Between Trademarks And Free Speech: Protecting Unauthorized Trademark Use In Expressive Works, Pratheepan Gulasekaram

Publications

Abstract: Artists and other creators of expressive works often include trademarks and trademarked products as part of their works. They do so for a number of reasons, including lighthearted humor, critical cultural commentary, parody, or even simply to shock. In instances where such use is both unauthorized by and perceived as disparaging to the mark owner or the trademarked product, owners have attempted to sue under trademark law to enjoin the expressive use. This Article argues that, under a proper analysis of trademark law, precedent, and the free expression ideal enshrined in the First Amendment, mark owners should rarely, if …

The State Of The Art In Language Assessment: Notes For The Third Millennium, Bernard Spolsky

Russian Language Journal

In the 2000 years during which human abilities have been assessed formally, tests and examinations have grown more powerful. A century ago, critics launched a strong attack on examinations, citing their “inevitable uncertainty,” but a growing testing industry and governmental cries for “accountability” have managed a stubborn defense. More recently, appreciation of the complexity of notions such as “language proficiency” and acceptance of the resulting impossibility of finding a single measure of those notions have led testing experts to a realization that assessing language knowledge is multipart and intricate—and more likely to be served by profiles than by simple scores.

Influence Of Nationality On The Interpretation Of Ireland's Tourism Destination Imagery, Catriona Murphy-Underhill

Plymouth Business School Theses

This thesis investigates the influence of nationality on the interpretations of the tourism destination imagery of Ireland, drawing in particular on the views of tourists travelling from Britain. It involved an assessment of the influence (if any) of the nationality of the tourist and the nationality of the place on pre- and post-visit interpretations of Ireland's perceived and projected images, as well as an evaluation of the implications of such influences on Ireland's image as a tourist destination. By means of empirical research applied to the same sample of tourists travelling from Britain to Ireland via Shannon airport, the factors …

Open Access Bibliography: Liberating Scholarly Literature With E-Prints And Open Access Journals, Charles W. Bailey Jr.

Copyright, Fair Use, Scholarly Communication, etc.

Scope of the Bibliography

The Open Access Bibliography: Liberating Scholarly Literature with E-Prints and Open Access Journals presents over 1,300 selected English-language books, conference papers (including some digital video presentations), debates, editorials, e-prints, journal and magazine articles, news articles, technical reports, and other printed and electronic sources that are useful in understanding the open access movement’s efforts to provide free access to and unfettered use of scholarly literature. Most sources have been published between 1999 and August 31, 2004; however, a limited number of key sources published prior to 1999 are also included. Where possible, links are provided to sources …

Towards A Continuum Of Scholarship: The Eventual Collapse Of The Distinction Between Grey And Non-Grey Literature, Marcus A. Banks

Copyright, Fair Use, Scholarly Communication, etc.

Abstract (from University of Arizona Campus Repository)

This paper argues that the distinction between grey and non-grey (or white) literature will become less relevant over time, as online discovery options proliferate. In the meantime, the political success of the open access publishing movement has valuable lessons for proponents of increasing access to grey literature.

Spectrum, 2004, Northwestern College

Spectrum literary magazine

Literary journal

Urban Yellow Fever Diffusion Patterns And The Role Of Micro-Environmental Factors In Disease Dissemination: A Temporal-Spatial Analysis Of The Memphis Epidemic Of 1878, William Brennan Arden

LSU Master's Theses

Most investigations that examine diffusion of disease through urban areas give relatively scant attention to the 'micro-environment.' Employing the many methods of macro-environmental analysis, most studies do not attempt to identify street-level or even residence-level temporal-spatial patterns of disease diffusion. As a result, the mechanisms that lead to diffusion on such small scales are left relatively undefined. There is no doubt that cumulatively these small-scale mechanisms contribute to the diffusion of disease over the urban environment. However, the level of contribution and the specific details of their dynamics remain unclear. This thesis investigated some of these unexplored areas by presenting …

Weight Concern And Smoking In Children, Darla E. Kendzor

LSU Master's Theses

Studies have shown that weight concern is prevalent in children and that many children believe smoking can be used to control appetite and weight. However, little is known about the impact of the combination of these factors on smoking initiation in children. Initial research has indicated that weight concern predicts smoking initiation in adolescents, but these studies have not addressed the role of weight control outcome expectancies. The purpose of this study was to prospectively investigate the relationship between weight concern and smoking initiation, and to evaluate weight control outcome expectancies as a moderator of this relationship in children. Cross-sectional …

Apathy In Action: Baby Boomers' Attitudes Towards Product Placements In The Mass Media, Nicole M. Schmoll

Student Work

Product placement, or the paid inclusion of branded products in to entertainment media, is a highly lucrative and popular practice. While much research has been done on the attitudes of college-aged individuals towards the practice of product placement, none had been conducted on any other populations’ attitudes towards product placements in media besides television and motion pictures. The current quantitatively-focused study employed a 23-question survey instrument to examine a baby boomer enumeration’s attitudes towards product placements in film, television, music videos, video games and internet web sites. Chi-square analysis, tests of correlation, ANOVA and simple means comparison were used to …

Book Review, Lakshman D. Guruswamy

Publications

No abstract provided.

Sustainable Energy: A Preliminary Framework, Lakshman Guruswamy

Publications

No abstract provided.

The Supreme Court, Rule 10b-5, And The Federalization Of Corporate Law, Mark J. Loewenstein

Publications

This Article examines Supreme Court jurisprudence since 1997 under the federal securities laws in light of the Court's earlier securities law decisions and in light of its recent decisions construing the Constitution and federal statutes as they relate to the regulation of business. These post-1977 cases strongly suggest that the much-heralded new federalism philosophy of the Supreme Court is not a factor in securities law cases or in business cases generally. Indeed, the opposite seems to be the case. In this context, new federalism cases appear to be an anomaly, with the reality being that the Court is still as …

The Legacy Of The Bush Ii Administration In Natural Resources: A Work In Progress, David H. Getches

Publications

No abstract provided.

International Environmental Law: 2005 Annual Report, Vail T. Thorne, Lakshman Guruswamy, Kevin L. Doran

Publications

No abstract provided.

Moody Investing And The Supreme Court: Rethinking The Materiality Of Information And The Reasonableness Of Investors, Peter H. Huang

Publications

This Article critically analyzes the judicial decisions and reasoning of the United States Supreme Court and lower courts accepting certain defenses in securities fraud litigation. This Article develops how and why the core notions of materiality of information and the reasonable investor should be revised in light of recent empirical data, experimental evidence, and theoretical models of moody investing. This Article proposes modifying three recent developments in materiality doctrine to take into account moody investing. In particular, this Article argues that current judicial treatment of puffery is flawed because it neglects the power of puffery to alter moods. This Article …

Where There's At-Will, There Are Many Ways: Redressing The Increasing Incoherence Of Employment At Will, Scott A. Moss

Publications

Employment at will, the doctrine holding that employees have no legal remedy for unfair terminations because they hold their jobs at the will of the employer, has become mired in incoherence. State courts praise the common law rule as "essential to free enterprise" and "central to the free market," but in recent years they increasingly have riddled the rule with exceptions, allowing employee claims for whistleblowing, fraud, etc. Yet states have neither rejected employment at will nor shown any consistency in recognizing exceptions. Strikingly, states cite the same rationales to adopt and reject opposite exceptions, as a case study of …

Considering Individual Religious Freedoms Under Tribal Constitutional Law, Kristen A. Carpenter

Publications

As American Indian nations revitalize their legal systems, there is renewed interest in "tribal law," that is, the law of each of the Indian nations. Today, there is a particular focus on the subject of "individual rights" under tribal law. In tribal contexts, people are highly interested in the legal institutions and rules that govern their lives, especially as many tribal communities are experiencing a period of great political, social, and economic change. At the national level, the Supreme Court repeatedly expresses concern about whether individuals, especially non-Indians, will be treated fairly in tribal court. For scholars, individual rights under …

Energy, Environment & Sustainable Development, Lakshman D. Guruswamy

Publications

No abstract provided.

The Hillmon Case, The Macguffin, And The Supreme Court, Marianne Wesson

Publications

The case of Mutual Life Insurance Company v. Hillmon is one of the most influential decisions in the law of evidence. Decided by the Supreme Court in 1892, it invented an exception to the hearsay rule for statements encompassing the intentions of the declarant. But this exception seems not to rest on any plausible theory of the categorical reliability of such statements. This article suggests that the case turned instead on the Court's understanding of the facts of the underlying dispute about the identity of a corpse. The author's investigations into newspaper archives and the original case documents point to …

Non-Violation Complaints: Wto Issues And Recent Free Trade Agreements, Locknie Hsu

Research Collection Yong Pung How School Of Law

The proliferation of free trade agreements (FTAs) in the last decade has resulted in an accompanying increase in dispute settlement regimes pertaining to those agreements. One obvious consequence is that increasingly, states are exposing themselves to such complaints, and not necessarily with the limitations that have been imposed on the at General Agreement on Tariffs and Trade (GATT)/World Trade Organization (WTO). The inherent ambiguity surrounding non-violation complaints at the WTO, and other risks relating to such complaints, are being multiplied manifold by these FTAs. The non-violation concept appears to have originated even before the GATT came into being. Developing-country FTA …

Preserving A Precious Resource: Rationalizing The Use Of Antibiotics, Eric Kades

Faculty Publications

No abstract provided.

Judicial Federalism And The Future Of Federal Environmental Regulation, Jonathan H. Adler

Faculty Publications

This article assesses the current and likely impact of the Supreme Court's federalism cases on federal environmental regulation. As a result of this assessment, the article seeks to make four points: (1) Thus far, the Supreme Court's federalism cases have had a limited impact on federal regulation, as federal courts have not used these cases as a basis for limiting the reach of federal regulatory authority. (2) Notwithstanding this limited impact, the underlying logic of the Supreme Court's cases does pose a challenge for federal regulation, particularly in the Commerce Clause context. (3) The thrust of the federalism cases makes …

Jurisdictional Mismatch In Environmental Federalism, Jonathan H. Adler

Faculty Publications

Jurisdictional mismatch plagues contemporary environmental law and policy. The division of authority and responsibility for environmental protection between the federal and state governments lacks any cohesive rationale or justification. The federal government regulates in many areas where there is no clear analytical basis for federal involvement. At the same time, the federal government is relatively absent where a stronger federal presence could be justified. Conversely, states are precluded, discouraged, or otherwise inhibited from adopting environmental protections where state efforts would be worthwhile. In addition, state intervention seeps into areas where a dominant federal role would be more defensible. This jurisdictional …

What Is The Scope Of The Federal Tort Claims Act's Wavier Of Sovereign Immunity?, Ralph Anzivino

Faculty Publications

No abstract provided.

Revegetating Decommissioned Roads In A Dry Douglas-Fir Forest Of The Oregon Cascades : Seeding With Non-Natives Versus Natural Recovery, Jolanta H. Glabek

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.