Digital Commons Network^™

Is It Time For Wyoming To Update Its Fraudulent Conveyance Laws, Elaine A. Welle

Wyoming Law Review

No abstract provided.

You Can't Say That!: Enjoining Publication Of Trade Secrets Despite The First Amendment, Brooks W. Taylor

Computer Law Review and Technology Journal

Enjoining publication of trade secrets is certainly restraint of speech, but is it invalid under the First Amendment to the United States Constitution? Different courts have answered that question in different ways. Some courts have applied strict scrutiny and found preliminary injunctions against the publication of trade secrets to be unconstitutional prior restraint of free speech. Most recently, the California Supreme Court, applying intermediate scrutiny, found such an injunction against the re-publication of computer code on the Internet to be a content-neutral restraint not barred by the prior restraint doctrine.

For a number of reasons, corporations are relying increasingly on …

Lockouts, Protests, And Scabs: A Critical Assessment Of The "Los Angeles Herald Examiner" Strike [Article], Bonnie Brennen

College of Communication Faculty Research and Publications

This essay uses the case of the Los Angeles Herald Examiner strike, 1967–1977, to show how a critical labor perspective offers historically grounded, politically informed, and culturally situated analyses of media practices and uses. The decade-long strike analyzed here, which has been virtually ignored by media historians, highlights the devastating economic consequences for both the newspaper and the Guild. This essay focuses on the political and cultural implications of class conflict, read through the power struggle between Los Angeles Newspaper Guild members and the Hearst-owned Herald Examiner over issues of identity, work, and economics.

The Illegal Art Exhibit: Art Or Exploitation? A Look At The Fair Use Doctrine In Relation To Corporate Degenerate Art, Kimball Tyson

Computer Law Review and Technology Journal

A gas mask in the shape of Mickey Mouse's head; fake stamps with photographs of Viagra and Prozac pills that actually duped the postal system; Pez candy dispensers with dispenser heads of dead rappers such as Biggie Smalls, Tupac Shakur, and Eazy-E; a recreation of a portrait of Mao using U.S. currency; the use of the Beatle's Meet the Beatles LP cover by a musical group entitled the Residents; a series of violent, disturbing drawings featuring famous cartoon characters such as Mickey Mouse, Goofy, Barney from the Flintstones, and Bert from Bert and Ernie being hung from nooses or sprawled …

Genocide And The Eroticization Of Death: Law, Violence, And Moral Purity, Tawia Baidoe Ansah

Faculty Publications

In this article, I ask: What is the relationship between law and morality in response to mass violence and suffering abroad? How does law shape and determine our moral response to mass death and suffering? We repose in the law itself a desire to define the moral and the ethical parameters of legal-political action. Thus, when faced with mass violence and suffering abroad, law functions as a proxy for morality. The legal prohibition under the Genocide Convention defines morality, or cabins the variety of moral responses into a single and universally applicable ethical-legal norm of response to genocide. The moral …

The Rise And Fall Of Ec Comics, 1950-1956: Cold War Or Cultural War Casualty?, Francis Di Menno

Open Access Master's Theses

This thesis chronicles the rise and fall of the EC (Entertaining Comics) group in the period 1950-1956. Its purpose is to determine, through a study of primary and secondary sources, to what extent the 1954 congressional inquiries concerning the harmful effects of comic books were the culmination of a series of personal and political vendettas against EC's publisher William Gaines, and to what extent these inquiries were part of a broad-based cultural crusade in which a perceived slippage of cultural values was counteracted by an imposition of regulatory strictures.

To illustrate this argument, this study also chronicles relevant aspects of …

Bulletin Of Yale University School Of Nursing 2005-2006, Yale School Of Nursing

Yale School of Nursing Bulletins and Catalogues

Series 101, Number 14

September 5, 2005

Cyberplagiarism And The Library: Issues And Solutions, Jennifer Sharkey, Bartow Culp

Faculty and Staff Publications – Milner Library

Plagiarism by students in academic institutions is an old but continuing problem facing teachers and librarians. Although studies disagree on the Internet’s effect on student plagiarism, the easy availability of electronic information creates a challenge for librarians, who must be ready not only to detect and deter plagiarism, but also to educate their patrons about it. The purpose of this contribution is to summarize briefly the nature, extent and causes of plagiarism in its academic aspect, especially as it has been influenced by electronic information sources, and to review measures of its detection and deterrence.

Illinois State Alumni Magazine, Winter 2005-2006, Illinois State University, University Marketing And Communications

State: The Magazine of Illinois State University (1999-present)

Illinois State University alumni magazine

Resurrecting Comity: Revisiting The Problem Of Non-Uniform Marriage Laws, Joanna L. Grossman

Hofstra Law Faculty Scholarship

This paper addresses the age-old problem of interstate marriage recognition, raised anew by the legalization of same-sex marriage in Massachusetts. The problem, in a nutshell, is whether and when a state should recognize a marriage validly celebrated elsewhere when its own laws would have prohibited the marriage from taking place.

Non-uniform marriage laws and the conflicts they engender are not new. To the contrary, states historically disagreed about many aspects of domestic relations laws, and in particular about marriage prohibitions. Conflicts arose when couples married in one state and then sought recognition of their union in a state that would …

An Ethical Manifesto For Public Defenders, Monroe H. Freedman

Hofstra Law Faculty Scholarship

One way the states have purported to meet their constitutional obligation to provide counsel to poor people accused of crimes has been through court-appointed lawyers. However, the paltry compensation paid for these services has generally been inadequate to attract competent lawyers. In addition, judges have too often selected court appointed lawyers precisely because the lawyers are incompetent, and can be counted on to move the courts' calendars quickly by entering hasty guilty pleas in virtually all cases. In those few cases in which the accused insists on his right to trial by jury, the trials typically move rapidly because the …

Clima Familiar En El Trastorno Por Déficit De Atención-Hiperactividad [Family Environment In Attention Deficit-Hyperactivity Disorder], Cecilia Montiel-Nava, Isabel Montiel-Barbero, Joaquín A. Peña

Psychological Science Faculty Publications

The effect of family environment on the development of Attention Deficit-Hyperactivity Disorder (ADHD) is not known. We sought to characterize families with children with ADHD in order to better understand the contributions of family environment to the development of ADHD. We collected demographic data, parents’ and teachers’ rating scales, intellectual quotient, and the family environment scale (FES) for 53 children (aged 4-13), 29 with ADHD diagnosis and 24 controls. Statistical analysis indicated a family environment profile within the average range for both samples. There were significant differences between ADHD and controls for the measures of cohesion, intellectual activity orientation, and …

Market Reaction To Business Method Patents: An Empirical Analysis, Charles Holoubek, Timothy M. Shaughnessy

Computer Law Review and Technology Journal

Patents on methods of conducting business have received abundant press since the recent decisions in State Street Bank & Trust Co. v. Signature Financial Group, Inc. and AT&T Corp. v. Excel Communications, Inc. Indeed, the number of patent applications categorized as Business Method Patents ("BMPs") increased from 165 in 1995 to over 7,800 in 2000, more than a 47-fold jump in just five years. In light of State Street's wide-reaching ramifications, both the court's legal reasoning for and the policy implications of allowing the United States Patent and Trade Office ("USPTO") to extend patent rights to business methods …

Trips: Ten Years Of Disputes At The Wto, Sue Ann Mota

Computer Law Review and Technology Journal

"The TRIPS Agreement, which came into effect on 1 January 1995, is to date the most comprehensive multilateral agreement on intellectual property."

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), part of the World Trade Organization (WTO) Agreement, was enacted to reduce impediments to global trade, to promote effective and adequate protection of intellectual property rights, and to ensure that enforcement measures and procedures don't become barriers to trade. To resolve intellectual property and other disputes among member nations, the dispute resolution system is a central element in providing security and predictability, and preserves the rights and obligations …

Sweating In Europe : The European Database Directive, Amar A. Hasan

Computer Law Review and Technology Journal

The United States Supreme Court rejected the "sweat of the brow" doctrine and copyright or alternative methods are inadequate for protecting non-creative databases. The European Database Directive protects "substantial investment" in a database regardless of whether copyright protection is available. However, by incorporating the "spin-off' doctrine, the Directive provides only limited protection for "sole-source" databases, the primary market of the database industry. Also, the ECJ has made proving infringement more difficult by expanding its meaning yet simultaneously narrowing its scope and leaving ambiguities. Thus, although European database owners may technically have more protection, many of them, especially providers of "sole-source" …

Ninth Circuit Upholds Injunction Against Jailhouse Webcams, Rob Sayles

Computer Law Review and Technology Journal

Demery v. Arpaio is a 2004 case that deals with whether the use of world-wide cameras ("webcams") to stream live images of jailed, pretrial detainees over the Internet constitutes punishment prior to adjudication of guilt in violation of the Due Process Clause of the Fourteenth Amendment. A divided Ninth Circuit affirmed the district court's ruling that the use of the webcams constituted punishment and was a violation of the Due Process Clause. While the appellate court properly ruled that the use of the webcams amounted to punishment, the majority's analysis of the issue falls short.

Role-Taking Vs. Cultural Identity: Defining Disability In An Able-Bodied Environment, Elizabeth G. Holman '05

Honors Projects

Are people with physical impairments seen as a minority group or as individuals who take on the role of being disabled only in certain circumstances? While minority group membership has a variety of social, psychological, and legal advantages, it forces people to give up some individuality and gives the disability a more permanent connotation (Berbrier, 2004; Watson, 2002). Alternately, viewing disability as a role, and attaching the label "disabled" in certain circumstances, allows for a broader spectrum of individual choice. However, the label assumes someone who is disabled to be "less than able," thus carrying a strong stigma. Through my …

Why Do South And Southeast Asians Vote For Female Heads Of State?, Lavanga Wijekoon '04

Res Publica - Journal of Undergraduate Research

In the post World War II period only fifty women have been elected heads of state of their respective countries. Of these fifty women, eleven have come from South and Southeast Asia, including the first female head of state, Sirimavo Bandaranaike of Sri Lanka2. These eleven women represent the second highest number of elected women presidents and prime ministers in a world region, behind Western Europe.

This paper contends that the political cultural variables that influence voters in the South and Southeast Asian region in electing female heads of state include the following: patriarchal perceptions of women, affinity for charismatic …

U.S.Drug Control Policy: Clinging To An Outdated Perspective, Ryan A. Kemper '05

Res Publica - Journal of Undergraduate Research

Since President Nixon declared that the U.S. was to wage an “all out war” against the use of illegal drugs, the “war on drugs” has been part of the American vocabulary as well as domestic policy. The 1970 Comprehensive Drug Abuse Prevention and Control Act consolidated all previous legislation concerning drug control, while the Controlled Substances Act established the legality of substances with a five-category system based on medical value and addictiveness of the drug (pbs.org). For the most part, however, early efforts were organizational in nature; the domestic “war” would be fought more than a decade later. It is …

Equal Worth And The Duty To Adopt, Katharine Egan '04

Res Publica - Journal of Undergraduate Research

Is one child more worthy of love, the opportunity to learn to read, a polio vaccination, or enough to eat than another child? Those who answer “no,” should consider that when one makes the decision to conceive a child instead of adopting an already existing child, one is saying that simply by virtue of its blood relation, a yet-to-exist child who has no needs is more worthy of one’s time, love, energy and money than an existing orphan who has great need. But if all children are equally worthy of love and resources, one must give these things based on …

U.S. Vs. Stewart: Two Opinions, Allison Bannerman '07, Ryan A. Kemper '05

Res Publica - Journal of Undergraduate Research

Lynne Stewart was counsel for Sheikh Abdel Rahman during his 1995 trial when he was convicted of “seditious conspiracy to wage a war of urban terrorism against the United States” and of “soliciting crimes of violence against the United States military and Egyptian President Hosni Mubarak” (Stewart 4). Rahman was considered to be a leader of the Islamic Group (IG), which was designated as a foreign terrorist organization by the State

Department in 1997. Stewart continued to act as Rahman’s counsel after his trial. In 1998, Special Administrative Measures (SAMs) were imposed on Rahman to halt his communication with IG. …

Masculinity In The Making: Men’S Increased Consumption Of Strength Training, Roger Sherlock, Olivia Freeman, Andrew Dunne

Conference papers

This paper explores the relationship between the body, masculinity and the consumption of body-focussed activities. It examines the meaning and importance of strength training for men. Strength training is of interest because its increase in popularity is occurring at a particular point in time when a growing number of men are experiencing insecurities over their masculine identities as a result of recent socioeconomic changes. This paper proposes that men today are facing a dilemma in terms of masculine identity. This dilemma hinges on the growing objectification of the male body in the media and its cultural messages regarding masculinity.

Biking, Buying And Belonging: An Exploration Of How An Irish Subculture Of Consumption’S Socialisation Process Equips Its Members To Critically Filter Marketing Messages, Roger Sherlock, Geoffrey Weller

Conference papers

This paper identifies how members of an Irish biker subculture of consumption critically decode marketing messages, brands and products using a subcultural filter (peculiar to the subculture) learnt through localised socialisation. This critical filter develops through prolonged subcultural immersion and is influenced by the word-ofmouth purchase advice and product judgement of other members of the subculture of consumption; with a parallel between its development and use, and the development of the subcultural identity, from experimentation, to identification and conformity, to mastery and internalisation of both filter and identity (Schouten and McAlexander, 1995). It is internally utilised by the members to …

The Compact, Issue 2, 24th Of October, 2005, Dit: Students' Union

DIT Student Union

No abstract provided.

The Compact, Issue 1, 3rd Of October, 2005, Dit: Students' Union

DIT Student Union

No abstract provided.

The Effect Of The Internal Field On The Ir Absorption Spectra Of Small Particles In Case Of 3d, 2d And 1d Size Confinement, Igor I. Shaganov, Tatiana S. Perova, R. Alan Moore, Kevin Berwick

Articles

The spectral properties of composite materials based on small particles under 1D, 2D, and 3D size confinement are described using a combination of dispersive internal field and effective media theory approaches. Calculations performed for a number of crystalline materials have shown that the peak position and intensity of the vibrational band of the material under conditions of 1D, 2D, and 3D size confinement are changed, whereas the bandwidth of the band remains the same. In the case of 3D confinement, the peak position of the spectrum of isolated “mesoparticles” ( ) appears to be very close to the intrinsic frequency …

Psychometrically Equivalent Mandarin Bisyllabic Speech Discrimination Materials Spoken By Male And Female Talkers, Shawn L. Nissen, Richard W. Harris, Lara-Jill Jennings, Dennis L. Eggett, Holly Buck

Faculty Publications

The purpose of this study was to develop, digitally record, evaluate, and psychometrically equate a set of Mandarin bisyllabic word lists for use in measurement of speech discrimination. Familiar bisyllabic words were digitally recorded by male and female talkers of Standard Mandarin. Percentage of correct word recognition was measured for each word at ten intensity levels ( /5 to 40dB HL) in 5 dB increments using 20 normally hearing subjects. Using logistic regression, 200 words with the steepest logistic regression slopes were included in four psychometrically equivalent word lists of 50 words each, and eight half-lists of 25 words each. …

Perceptions Regarding Male Suicide And Preventative Services In Co. Kilkenny, Louise Butler, Jim Phelan

Irish Journal of Applied Social Studies

This paper examines perceptions regarding rural male suicide and the preventative services available in Co. Kilkenny to combat the problem. For every four male suicides, there is one female suicide. The problem is becoming a rural rather than an urban one. The research set out to identify gaps in services and existing policies in addressing suicide among young rural men. Data were obtained from interview with the service providers and also from focus group discussions with young rural Kilkenny men. Total participants in the focus groups were 15 young men. Limitations to this study centred around the difficulty of organising …

Living In Care: Older Persons Experiences Of Nursing Homes, Cathy Galvin, Aine De Roiste

Irish Journal of Applied Social Studies

A sample of 40 older persons, (30 female; 10 male) half of whom resided in public and half of whom resided in private nursing homes across Cork city and county participated in the study. Participants were interviewed about their experience of entering and living in nursing home care. The qualitative data yielded from the interviews identified that the majority of the sample entered into care due to poor physical or mental health. The features of residential care reported that were liked were an enhanced sense of security, the company of others and being looked after. The features of residential care …

Electronic Speckle Pattern Shearing Interferometry For Nondestructive Testing Of Thermal Sprayed Alloy Coatings, Qiang Xue

Conference Papers

Thermal sprayed coatings have wide engineering applications. There now exists a wide range of destructive and nondestructive testing (NDT) methods for surface coating inspections. This paper describes an application of electronic speckle pattern shearing Interferometry (ESPI) for NDT of thermal sprayed surface coatings. In contrast to other conventional methods such as eddy current,ultrasonic or X-ray, ESPSI allows fast and large survey area inspection. Experimental results of shearographic measurements are presented. Thermal sprayed coatings were tested using ESPI. Delaminations of the coatings were detected and the fringe patterns were captured using this method. It is shown that the shearography technique can …