Digital Commons Network^™

The Schwarzenegger Bobblehead Case: Introduction And Statement Of Facts, Tyler T. Ochoa

Faculty Publications

In May 2004, news media around the world buzzed after learning that Arnold Schwarzenegger, movie-star-turned Governor of California, had filed a lawsuit against an Ohio manufacturer of bobblehead dolls bearing his name and likeness. The case presented a seemingly stark choice between the right of a celebrity-politician to protect his image against commercial appropriation and the First Amendment rights of the public to lampoon that image, and commentators hoped that the case would set a precedent regarding how those rights should be balanced. Just three months later, however, before any court ruling had been made, the parties announced that they …

Developmental Processes Critical To The Formation Of Servant Leaders In China, Thomas William Horn

Dissertations

Problem. This study concerns three matters: the leader formation process in general, servant leadership formation in particular, and the application to crossing cultures, with China as the primary context. The central problem of this study revolves around leader formation . What events, experiences, people and other formative processes contributed as critical to the formation of exemplary Christian leaders in China?

Method. The design of this research was a narrative, qualitative study that explored the central phenomenon of leader formation. The researcher was the instrument to collect data through in-depth interviews. This study purposefully selected three exemplary Christian Chinese leaders. The …

Democracy And Social Justice: Founding Centers For Social Justice In Law Schools, Stephanie M. Wildman

Faculty Publications

Protecting democracy by combating inequality is the task of social justice lawyers. The practice of democracy mandates inclusion of the diverse populations of this nation into the social order. Social justice lawyers seek to give material meaning to democratic ideals in the daily lives of individuals and communities that are marginalized, subordinated, and underrepresented. Currently, not enough lawyers serve the disenfranchised and not enough lawyers emerge from disenfranchised communities. Hence, the disenfranchised continue to be denied access to legal resources, to the detriment of democracy.

Legal educators must begin to think about how to institutionalize consciousness about social justice as …

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

Faculty Publications

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 ever, …

Data Mining And Attention Consumption, Eric Goldman

Faculty Publications

This Essay challenges the prevailing hostility towards data mining and direct marketing. The Essay starts by defining data mining and shows that the only important step is how data is used, not its aggregation or sorting. The Essay then discusses one particular type of data use, the sending of direct marketing. The Essay establishes a model for calculating the private utility experienced by a direct marketing recipient. The model posits that utility is a function of the message's substantive content, the degree of attention consumed, and the recipient's reaction to receiving the message. The Essay concludes with some policy recommendations …

Does The Charter Matter?, Harry W. Arthurs, Brent Arnold

Articles & Book Chapters

This article investigates whether Canada has changed in ways the ways that proponents of the Charter desired and anticipated. We examine the progress of groups that the Charter was intended to benefit (Aboriginal peoples, women, visible minorities, and immigrants); areas of state action that the Charter was intended to regulate (the criminal process and bureaucratic behaviour); and aspects of our communal and public life that the Charter was intended to animate and enhance (politics and inter-group cultural relations). We rely on a significant number of studies of Canadian social development during the period from 1982 to the present. Available evidence …

Intuitive Decision Making And Leadership Style Among Healthcare Executives In The United States, Cherie Whiting

Dissertations

The purpose of this two-phased, sequential, exploratory, mixed-methods study was to survey a sample of Fellows in the American College of Healthcare Executives in the United States and then interview selected individuals who scored in the highly intuitive category on the intuition survey to explore how they made intuitive decisions. In the first phase, quantitative research questions addressed the relationship between leadership style and the potential to make intuitive decisions, as well as the relationship and interaction between the potential to make intuitive decisions and age, gender, and size of company. In the second phase, qualitative interviews were used to …

From Queer To Paternity: How Primary Gay Fathers Are Changing Fatherhood And Gay Identity, E. Gary Spitko

Faculty Publications

In this symposium paper, I reflect upon how public images of gay fathers who raise children from the start as a gay couple are likely to impact the identity both of gay men and of fatherhood. I consider both the perceptions of the larger society as well as the self-images of gay men and their perceptions of fatherhood. For ease of reference, I refer to such gay fathers who begin fathering while in a gay relationship as primary gay fathers. I contrast primary gay fathers with the first generation of gay fathers to come to American public consciousness - gay …

Innocence, Harmless Error, And Federal Wrongful Conviction Law, Brandon L. Garrett

Faculty Scholarship

This Article examines the body of law emerging in cases brought by former criminal defendants once exonerated, often through DNA testing, which may fundamentally reshape our criminal justice system. Federal wrongful conviction actions share a novel construction - they rely on criminal procedure rights incorporated as an element in a civil rights lawsuit. During a criminal trial, remedies for violations of procedural rights are often seen as truth defeating, because they exclude evidence possibly probative of guilt. In a civil wrongful conviction action, that remedial paradigm is reversed. The exonerated defendant instead seeks to remedy government misconduct that was truth …

Travel As Transformation, Phyllis C. Brown, Cheryl A. Smith

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

With/Out Sanctuary, Deborah Elizabeth Whaley

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

Marxist Class-Cultural Spirituality In Theory And Practice, George N. Lundskow

Peer Reviewed Articles

The paper applies Critical Theory to understand the progressive and oppressive potential of contemporary religious revival in the United States. The analysis focuses on Neopaganism as a progressive spirituality, possibly compatible with Marxist theory. Whether religion is progressive (or oppressive/reactionary) depends not on the content of beliefs, but rather, on the type of social relationship a religion establishes between the individual and society. The paper treats Neopaganism and Marxism as practices and worldviews that often inform social movements and sometimes become the basis of functioning communities. They at once correspond to political-economic agendas, but both also assert the cultural foundations …

Un/Worthy: The Us Print Media's Portrayal Of The Kosovo And East Timor Massacres, Derek De Vries

Masters Theses

This study is a re-examination of Noam Chomsky and Edward Herman’s “Propaganda Model”, which hypothesizes that the market-driven, institutionalized filters determine the way in which the “agenda-setting” media in the United States cover and portray news. Further, the theory posits that these filters will reinforce the modes of control for the dominant elites in power. This evaluation concentrates on the treatment of so-called “worthy and unworthy victims” and relies on a content analysis of news coverage of the massacres occurring simultaneously in Kosovo and East Timor in 1999. In line with the “Propaganda Model,” the analysis showed that the volume …

One Wedding And A Revolution: A Film By Debra Chasnoff, Jean C. Love, Patricia A. Cain

Faculty Publications

No abstract provided.

Vol. 33, No. 4: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Graduate And Undergraduate Catalog, 2005-2006, Eastern Washington University, Washington State Library. Electronic State Publications

Course Catalogs

Eastern Washington University's course catalog for the 2005-2006 academic year.

Perspective, Vol. 16, No. 2, Winter 2005, Eastern Washington University. Division Of University Relations.

Alumni Publications

This issue focuses on "Eagles in Uniform." There are articles on alumni who serve as nurses, police, firefighters, or the army. It also includes articles on Eastern Washington University students in uniform, such as the cheerleading squad, student athletes, and teachers.

Avoiding The Shameful Backlash: Social Repercussions For The Increased Use Of Alternative Sanctions, Brian Netter

Journal of Criminal Law and Criminology

No abstract provided.

Book Reviews, Thomas Mills, Elisa Mason, Gail A. Partin, Maryiln J. Raisch, Mary Rumsey, Teresa Stanton, Daniel C. Turack

Faculty Scholarly Works

No abstract provided.

Defamation In The Digital Age: Liability In Chat Rooms, On Electronic Bulletin Boards, And In The Blogosphere, Danielle M. Conway

Faculty Scholarly Works

No abstract provided.

Exonerations In The United States 1989 Through 2003, Samuel R. Gross, Kristen Jacoby, Daniel J. Matheson, Nicholas Montgomery

Journal of Criminal Law and Criminology

No abstract provided.

Protecting The Innocent: The Massachusetts Governor's Council Report, Joseph L. Hoffmann

Journal of Criminal Law and Criminology

No abstract provided.

Mestizaje And Law Making As Interrelated Processes In Indigenous Identity Formation In Northeastern Brazil: “After The Conflict Came The History”, Jan Hoffman French

Sociology and Anthropology Faculty Publications

This article explores issues of authenticity, legal discourse, and local requirements of belonging by considering the recent surge of indigenous recognitions in northeastern Brazil. It investigates how race and ethnicity are implicated in the recognition process in Brazil, based on a successful struggle for indigenous identity and access to land by a group of African-descended rural workers. This article argues that the relationship between two processes – law making and indigenous identity formation – is crucial to understanding how the notion of mixed heritage is both reinforced and disentangled. It illustrates how these two processes interact over time and how …

Ict Integration To Second-Level Schools, Maria Hartnett

Theses

An in-depth questionnaire was sent to the twenty seven second level schools in Kerry. Results were then analysed and compared to similar results obtained by Aidan Mulkeen in his statistical report of the ICT 2002 Survey. An online class on Preparing for College was designed and developed. This class was delivered to three second level schools in Kerry who had shown an interest in taking part. None of the three schools had the ICT facilities required to accommodate such a learning environment. All students were required to fill out an online questionnaire in order to determine their reaction to the …

Power Strategies In A Changing World: Archaeological Investigations Of Early Postclassic Remains At El Coyote, Santa Barbara, Honduras, William Mcfarlane

Four Valleys Archive

No abstract provided.

2005-00-00 Faculty Handbook, Morehead State University. Faculty Senate.

Faculty Senate Records

Faculty Handbook believed to have been revised between 2002 and 2005.

Aquinas's Summa Theologiae As Pedagogy, Mark Johnson

Theology Faculty Research and Publications

No abstract provided.

Built-In-Self-Test Of Rf Front-End Circuitry, Anand Gopalan

Theses

Fuelled by the ever increasing demand for wireless products and the advent of deep submicron CMOS, RF ICs have become fairly commonplace in the semiconductor market. This has given rise to a new breed of Systems-On-Chip (SOCs) with RF front-ends tightly integrated along with digital, analog and mixed signal circuitry. However, the reliability of the integrated RF front-end continues to be a matter of significant concern and considerable research. A major challenge to the reliability of RF ICs is the fact that their performance is also severely degraded by wide tolerances in on-chip passives and package parasitics, in addition to …

Characterization Of The Class I Major Histocompatibility Complex Of The Macaca Fascicularis, Gregory Matuszek

Theses

In an attempt to establish Macaca fascicularis as a viable animal model for disease studies, characterization of the MHC class I genes is necessary. The necessity arises because the MHC class I molecules have a functional role in immune response. Pig-tailed macaques Macaca nemestrina) and rhesus macaques (Macaca mulatta), two species closely related to Macaca fascicularis have been commonly used to model HIV infection and are well characterized in regards to their MHC class I molecules. As an initial step in establishing M. fascicularis as an animal model, we have cloned and characterized both classical and nonclassical MHC class I …

Qos Multi Meshed Tree Routing In Tethered Manet, Vishal Gogula

Theses

The QoS Multi Meshed Tree Routing is a routing protocol designed to provide Quality of Service (QoS) in Tethered Mobile Ad hoc Networks (tMANET) in terms of bandwidth. This project is a part of the research project titled "Framework for Seamless Roaming, Handoff, and QOS Mapping in Next Generation Networks conducted at the Laboratory for Wireless Networking and Security, headed by faculty member Dr. Nirmala Shenoy. OPNET (Optimum Performance Network), a well-known network simulation tool, is used to implement the design and conduct performance studies of QoS MMT. QoS MANET protocol implements features such as route discovery, link failure identification, …