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2005

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Preface: Sound Scripts: A Word From Tura New Music, Tos Mahoney Jan 2005

Preface: Sound Scripts: A Word From Tura New Music, Tos Mahoney

Sound Scripts

The Inaugural Totally Huge New Music Festival Conference was a bold initiative by its partner presenters Tura New Music and the Faculty of Communications and Creative Industries, Edith Cowan University, Perth, including the Western Australian Academy of Performing Arts. In an arts milieu which is increasingly becoming “industrialised” and the dollar the bottom line criteria for success, it is reassuring to have the confirmation that there are those—in fact there is a strong cohort—who are dedicated to delving the depths of the meaning of their own and others’ practice.


A “Hidden Centre”: Crossing Cultural Boundaries And Ecstatic Transformation, Liza Lim Jan 2005

A “Hidden Centre”: Crossing Cultural Boundaries And Ecstatic Transformation, Liza Lim

Sound Scripts

The following is an edited version of Liza Lim's keynote lecture presented for the Inaugural Totally Huge New Music Festival Conference (Perth: 8 Oct. 2005). It examines cross-cultural aesthetics and ethical questions arising from non-Indigenous Australian composers interacting with Australian Indigenous cultures. The paper begins in a formal and framed way and then moves towards more personal and speculative comments.


Rice And Celery (Toglen), Domenico De Clario Jan 2005

Rice And Celery (Toglen), Domenico De Clario

Sound Scripts

Berenice is the name of the last of fifty five imaginary cities that Marco Polo describes to Kublai Khan. These descriptions and further dialogues between Marco and the Khan constitute the substance of Italo Calvino's "Invisible Cities". The just in Berenice constitute a secret society, recognizing each other through the pronunciation of certain words (especially commas, parenthesis and the space between things) and through their simple diet of broad beans, zucchini flowers, rice and soup. In recent projects I have been examining the idea that evidence of the existence of a single and independent fixed self cannot seem to be …


The Bent Leather Band Ensemble : Children Of Grainger, Stuart Favilla, Joanne Cannon, Garry Greenwood Jan 2005

The Bent Leather Band Ensemble : Children Of Grainger, Stuart Favilla, Joanne Cannon, Garry Greenwood

Sound Scripts

This paper discusses technical issues confronting the contemporary electronic instrument builder and presents Bent Leather Band's aim to develop playable instruments.


Problematic Student Behaviors In The College Communication Classroom: Reviewing And Re-Envisioning Instructional Communication Research, Javette G. Hayes Jan 2005

Problematic Student Behaviors In The College Communication Classroom: Reviewing And Re-Envisioning Instructional Communication Research, Javette G. Hayes

Basic Communication Course Annual

Climate concerns in basic communication courses often revolve around classroom management issues. Teachers may experience reality shock in the face of complex and challenging classroom situations. This essay offers new and experienced teachers a detailed review, interpretation, and critique of literature on student conduct that may contribute to the “harsh and rude reality of everyday classroom life.” After consideration of research on specific areas of problem student behavior (i.e., participation; hostility, opposition, and aggression; power and resistance; challenge behavior; cheating; and excuse making), attention shifts to the topics of prevention, recommendations, mutual influence, and confrontation. The essay concludes with two …


Implementing Technology Into The Basic Course: The Influence Of Sex And Instructional Technology Use On Teacher Immediacy And Student Affective Learning, Paul D. Turman Jan 2005

Implementing Technology Into The Basic Course: The Influence Of Sex And Instructional Technology Use On Teacher Immediacy And Student Affective Learning, Paul D. Turman

Basic Communication Course Annual

This study explored the impact that instructional technology use and instructor gender have on students’ perceptions of immediacy and affective learning in the basic communication course. Participants included 1526 undergraduate students from 72 sections of the basic course over the course of four semesters. A series of 2 X 2 factorial designs were used to uncover main and interaction effects. Results of the Multivariate analyses revealed a two-way interaction effect of technology use by instructor gender with the use of presentational software, and main effects for each form of technology (i.e., presentational software, video material, course webpages, course chatrooms, online …


Individual Conferences And The Public Speaking Class, Rodney K. Marshall, Michelle T. Violanti Jan 2005

Individual Conferences And The Public Speaking Class, Rodney K. Marshall, Michelle T. Violanti

Basic Communication Course Annual

This study examined the individual conferences created by using the online-assisted method of teaching the Public Speaking class. During the course of the semester, students completed online quizzes to assess their textbook comprehension and met individually with the instructor to prepare for the presentations in the online-assisted course. Students in the traditional course attended and participated in class without use of computers outside of class. The results revealed the online-assisted students were more satisfied with the class, felt more prepared in giving presentations, perceived they learned more, felt better concerning the instruction, and perceived better communication with the instructor than …


The Law And Practice Of Average In Medieval Towns Of The Eastern Adriatic, Nevenka Bogojevic-Gluscevic Jan 2005

The Law And Practice Of Average In Medieval Towns Of The Eastern Adriatic, Nevenka Bogojevic-Gluscevic

Journal of Maritime Law and Commerce

No abstract provided.


Law Fragments, Emily A. Hartigan Jan 2005

Law Fragments, Emily A. Hartigan

Faculty Articles

The contrast between the portrayal of Christianity and the treatment of earth-based religions by dominant legal discourse is illustrated throughout history. The true images of “saturated auratic [or] sacred elements-become-images” accompanies the division of history into fragments. The fragmented image is particularly important when it arises from a suppressed history or marginalized persons—these fragments are necessary to resist totalitarianism.

One way to see the call for “explosive fragments” is to acknowledge that the culture in the United States is already in ruins. Part of that dissolution is the loss of hegemony by white-male-European culture which can be seen in the …


Mixed Signals And Subtle Cues: Jury Independence And Judicial Appointment Of The Jury Foreperson, Andrew Horwitz Jan 2005

Mixed Signals And Subtle Cues: Jury Independence And Judicial Appointment Of The Jury Foreperson, Andrew Horwitz

Law Faculty Scholarship

Imagine that you are falsely accused of a serious crime and that you are now on trial before a judge and jury. You knew before the trial began that the judge had a reputation as a “law and order” judge, as a judge who was not at all receptive to the arguments of most criminal defense attorneys. You have been watching as the judge and your attorney have been engaged in what appears to be an adversarial battle throughout the trial, but you have taken some comfort in the fact that it will be the jury, not the judge, who …


Above Contempt?: Regulating Government Overreaching In Terrorism Cases, Peter Margulies Jan 2005

Above Contempt?: Regulating Government Overreaching In Terrorism Cases, Peter Margulies

Law Faculty Scholarship

Prosecutors face the continual temptation to overreach in decisions about the control of information. At each phase of a criminal proceeding, from investigation through trial, prosecutors make crucial decisions about information to disclose and highlight with courts, juries, and the public. In ordinary times, courts, defense counsel, the media, and internal sources of oversight can place some constraints, however tenuous, on the prosecutor’s efforts to monopolize the management of information. However, external events, such as the attacks of September 11, 2001, can weaken these constraints, producing alarming spikes in prosecutorial power.


The Effects Of Idea Elaboration On Unconscious Plagiarism, Louisa-Jayne Stark Jan 2005

The Effects Of Idea Elaboration On Unconscious Plagiarism, Louisa-Jayne Stark

School of Psychology Theses

Rates of unconscious plagiarism were investigated using Brown and Murphy's 3-stage paradigm. Initially, participants completed the creative Alternate Uses Test (generation phase) and then at test, recalled their original ideas (recall-own phase) and generated new ideas (generate-new phase). In both of the testing phases, participants plagiarised by reporting someone else's ideas as either their own idea or a new idea. Plagiarism rates increased over a one week retention interval (Experiment 2) and both active and passive participants were equally likely to plagiarise someone else's idea as a new idea (Experiment 1). When an elaboration phase was incorporated into the paradigm, …


The Causation Equation: Summers On Science, Owen D. Jones Jan 2005

The Causation Equation: Summers On Science, Owen D. Jones

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Annotated Legal Bibliography On Gender Jan 2005

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Not Playing Around: The Chilling Power Of The Federal Trademark Dilution Act Of 1995, Julie Zando-Dennis Jan 2005

Not Playing Around: The Chilling Power Of The Federal Trademark Dilution Act Of 1995, Julie Zando-Dennis

Cardozo Journal of Equal Rights & Social Justice

The Federal Trademark Dilution Act of 1995 (FTDA) has become a powerful tool for corporations to suppress criticism and parody, undermining free speech by allowing broad claims of trademark dilution without requiring proof of consumer confusion. The note argues that the FTDA’s provisions against dilution, including blurring and tarnishment, disproportionately favor corporate interests over First Amendment rights, particularly in cases involving parody and satire. Courts have inconsistently applied the law, with some circuits offering protections for parody while others prioritize trademark protection, creating uncertainty and chilling artistic and activist expression. The note advocates for reform to balance trademark rights with …


Check Only One: M/F/Other, Julie Shapiro Jan 2005

Check Only One: M/F/Other, Julie Shapiro

Cardozo Journal of Equal Rights & Social Justice

The article critiques the assumption that individuals can be neatly categorized into male and female, arguing that this binary framework is increasingly problematic. It highlights how this assumption underpins debates about gender differences in innate abilities, such as those raised by Lawrence Summers, and contends that without clear, universally accepted definitions of "male" and "female," such generalizations lack coherence. The analysis emphasizes the legal and social complexities of gender categorization, particularly in light of evolving understandings of intersex and transgender identities.


Myths And Realities In The Sameness/Difference Debate, Rosemary C. Salomone Jan 2005

Myths And Realities In The Sameness/Difference Debate, Rosemary C. Salomone

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 12, Iss. 1 Jan 2005

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 12, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Preface, Betsy Driver Jan 2005

Preface, Betsy Driver

Cardozo Journal of Equal Rights & Social Justice

The preface highlights the growing recognition of intersex legal issues, emphasizing the shift from medical protocols focused on concealment to more patient-centered approaches. It underscores the significance of the 2005 symposium at Cardozo School of Law, which brought together scholars and activists to address intersex rights, medical practices, and legal frameworks. The publication resulting from the symposium provides a comprehensive resource on intersex advocacy, critiques existing medical and legal practices, and explores future directions for the intersex movement.


David Reimer's Legacy: Limiting Parental Discretion, Hazel Glenn Beh, Milton Diamond Jan 2005

David Reimer's Legacy: Limiting Parental Discretion, Hazel Glenn Beh, Milton Diamond

Cardozo Journal of Equal Rights & Social Justice

The article argues that parents should not have unilateral authority to consent to surgeries aimed at normalizing intersex children's genitalia. It emphasizes that such decisions should be deferred until the child can make informed choices, highlighting the long-term psychological and physical risks associated with early surgeries.


Intersex And Intrasex Debates: Building Alliances To Challenge Sex Discrimination, Julie A. Greenberg Jan 2005

Intersex And Intrasex Debates: Building Alliances To Challenge Sex Discrimination, Julie A. Greenberg

Cardozo Journal of Equal Rights & Social Justice

The article discusses the challenges faced by the intersex movement in challenging medical protocols for intersex infants and the debates within the movement regarding treatment approaches. It highlights the importance of forming alliances with other social justice movements, such as feminists and LGBT organizations, to effectively combat sex discrimination. The article proposes using a gender nonconformity theory, as recognized in legal cases like Price Waterhouse v. Hopkins, to unify these groups in their fight against discrimination.


Out Of The O.R. And Into The Streets: Exploring The Impact Of Intersex Media Activism, Sharon E. Preves Jan 2005

Out Of The O.R. And Into The Streets: Exploring The Impact Of Intersex Media Activism, Sharon E. Preves

Cardozo Journal of Equal Rights & Social Justice

Babies are born intersexed, with ambiguous genitalia or other reproductive anatomical features, every day. Physical sexual ambiguity occurs frequently, affecting approximately one in 2000 births. Most infants born intersexed are surgically and hormonally altered to reflect the sexual anatomy associated with "standard" female or male sex assignment. This article explores the mobilization and methods of intersex individuals and their allies to destigmatize intersexuality and to alter the medical treatment they receive. I explore the intersex movement's use of mass media as a strategic activist tool and the implications of this mobilization for cultural and medical reform, arguing that media attention …


Approaching Critical Mass: An Exploration Of The Role Of Intersex Allies In Creating Positive Education, Advocacy And Change, Moonhawk River Stone M.S. Jan 2005

Approaching Critical Mass: An Exploration Of The Role Of Intersex Allies In Creating Positive Education, Advocacy And Change, Moonhawk River Stone M.S.

Cardozo Journal of Equal Rights & Social Justice

The purpose of this article is to explore the role of allies working on behalf of intersex people. The article approaches this exploration from various perspectives that have informed the author's ally work with intersex issues for more than ten years. First, the author begins with the personal perspective and the way in which the author became an ally of intersex people. Second, the article discusses the perspective of psychological trauma, the tapestry of which is interwoven through all aspects of intersex history and experience. Third, the author delineates ally attitudes, behaviors, and tasks that are important when one is …


Table Of Contents - Cardozo Women's Law Journal, Vol. 11, Iss. 2 Jan 2005

Table Of Contents - Cardozo Women's Law Journal, Vol. 11, Iss. 2

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Naked Before The Law: Reality Porn And The Capacity To Contract, Benjamin J. Cooper Jan 2005

Naked Before The Law: Reality Porn And The Capacity To Contract, Benjamin J. Cooper

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal challenges surrounding reality pornography, particularly through the lens of the Girls Gone Wild series, highlighting the tension between First Amendment protections for producers and the rights of participants. It argues that the legal framework governing consent, exploitation, and contractual agreements in this context is unclear and often fails to protect participants, many of whom face severe consequences. The analysis underscores the complexities of balancing public interest, contractual capacity, and the rights of minors in this lucrative yet legally fraught industry.


The Ramifications Of The Fcc's Failure To Minimize Negative Media Portrayals Of Latinas And Black Women, Fiordaliza Batista Jan 2005

The Ramifications Of The Fcc's Failure To Minimize Negative Media Portrayals Of Latinas And Black Women, Fiordaliza Batista

Cardozo Journal of Equal Rights & Social Justice

The note argues that the Federal Communications Commission (FCC) has failed to address the systemic issue of negative and stereotypical portrayals of minorities, particularly minority women, in media. These portrayals perpetuate racial and gender stereotypes, contributing to societal discrimination and violence. The FCC's inaction, coupled with its refusal to recognize minority status in licensing and employment practices, exacerbates these issues. The note calls for revised policies to promote diversity and accurate representations in broadcasting, emphasizing the need for regulatory reforms to address these harms.


Intersex Education, Advocacy & The Law: The Struggle For Recognition And Protection, Erin Lloyd Jan 2005

Intersex Education, Advocacy & The Law: The Struggle For Recognition And Protection, Erin Lloyd

Cardozo Journal of Equal Rights & Social Justice

The report addresses the lack of recognition and protection for intersex individuals, highlighting the controversial medical practices and legal challenges they face. It advocates for a shift from non-consensual surgeries to a more informed, rights-based approach, emphasizing the need for legal reforms and societal acceptance.


Annotated Legal Bibliography On Gender Jan 2005

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Home Alone: Children Of Incarcerated Mothers In New York City Under The Rockefeller Drug Laws, Aron M. Zimmerman Jan 2005

Home Alone: Children Of Incarcerated Mothers In New York City Under The Rockefeller Drug Laws, Aron M. Zimmerman

Cardozo Journal of Equal Rights & Social Justice

The Rockefeller Drug Laws of 1973, among the harshest in the nation, have failed to reduce drug trafficking or abuse and have instead led to unjust outcomes, disproportionately impacting racial minorities and women. These laws, which mandate draconian sentences based solely on drug type and quantity, tie judges' hands and prioritize incarceration over treatment, despite evidence that treatment is more cost-effective and reduces recidivism. Recent reforms offer some progress, but significant systemic changes are needed to address the laws' ongoing harm and restore judicial discretion in sentencing.


Are Murders Equal In The Eyes Of The Media?: A Study Of Race, Gender, Class And Quality Of Coverage, Tobie Marie Blanchard Jan 2005

Are Murders Equal In The Eyes Of The Media?: A Study Of Race, Gender, Class And Quality Of Coverage, Tobie Marie Blanchard

LSU Master's Theses

Crime news is an important component of local news. A literature review suggested that the media’s coverage of crime news can reveal vital information about media routines and biases. The main issue in this study is race and the media. The subtext of crime news and how the media cover different races when dealing with crime can speak to the larger issues of race and the media. The primary focus of this study was to examine how the media cover victims of murder, but more specifically to investigate any differences that may exist in how they cover White and Black …