Digital Commons Network^™

Copyright Law And Subject Matter Specificity: The Case Of Computer Software, Stacey Dogan, Joseph Liu

Faculty Scholarship

Drawing on recent work by Dan Burk and Mark Lemley in the patent context, this paper explores the extent to which courts have adapted pre-existing copyright doctrines to the special case of computer software. We argue that a number of courts have, as has been widely recognized, significantly adapted copyright doctrines to deal with special features of the computer software market. We further argue that these adaptations have, by and large, positively sought to strike a balance between the copyright act's dual goals of incentive and access. Despite this general trend toward adaptation, however, we point to a handful of …

Privacy And The Criminal Arrestee Or Suspect: In Search Of A Right, In Need Of A Rule, Sadiq Reza

Faculty Scholarship

Criminal accusation stigmatizes. Merely having been accused of a crime lasts in the public eye, damaging one's reputation and threatening current and future employment, relationships, social status, and more. But vast numbers of criminal cases are dismissed soon after arrest, and countless accusations are unfounded or unprovable. Nevertheless, police officers and prosecutors routinely name criminal accusees to the public upon arrest or suspicion, with no obligation to publicize a defendant's exoneration, or the dismissal of his case, or a decision not to file charges against him at all. Other individuals caught up in the criminal process enjoy protections against the …

Falling On Deaf Ears: Is The "Fail-Safe" Triennial Exemption Provision In The Digital Millennium Copyright Act Effective In Protecting Fair Use?, Woodrow Hartzog

Faculty Scholarship

This Article examines whether the "fail-safe" triennial exemption provision of the DMCA is effective for its intended purpose: to serve as a countermeasure to the DMCA's anti-circumvention provisions by protecting the ability of the public to engage in non-infringing uses of copyrighted works. Ultimately, this Article concludes that there are too many faults in both the structure and the execution of the rule-making provision to meaningfully counteract the adverse effects of the anti-circumvention provisions of the DMCA. Specifically, the rule-making procedure explicitly prohibits exemptions to a class based on the use of the work. This amounts to a rejection of …

Attractive Complexity: Tax Deregulation, The Check-The-Box Election, And The Future Of Tax Simplification, Steven A. Dean

Faculty Scholarship

Political failure has long been the scapegoat for the increasing complexity of the income tax. Over the last few decades, confusion over the meaning of the term simplification appears to have become a second important obstacle to creating simpler tax laws. Because some tax complexity is attractive to taxpayers, relying on taxpayer preferences to identify complexity and to guide simplification efforts has produced reforms and proposals that promise simplification but instead deliver pro-taxpayer deregulation that may cause more of society's resources to be devoted to paying, minimizing and collecting taxes rather than less. The check-the-box election, which provided taxpayers with …

Evaluation Of Errors In National Energy Forecasts, Denys Sakva

Theses

Energy forecasts are widely used by the U.S. government, politicians, think tanks, and utility companies. While short-term forecasts were reasonably accurate, medium and long-range forecasts have almost always been highly erroneous. In the U.S. many energy policy decisions are driven by Annual Energy Outlook (AEO) forecasts prepared by Energy Information Association (EIA). This thesis evaluates accuracy of AEO reports from 1982 to 2003. Parameters evaluated are: total energy consumption, energy consumption by sector, sector specific parameters, and major model assumptions. Error decomposition and regression analysis are used to appraise accuracy of forecasts. I found that often underlying parameters used to …

Polyphosphate And Polyphosphate Kinase Activity In Helicobacter Pylori 26695 Survival, Rosaline Victoria Waworuntu

All-Inclusive List of Electronic Theses and Dissertations

Many bacteria store energy and phosphate in the form of polyphosphate. Polyphosphate is involved in mRNA processing and degradation and is a regulator for stress responses in certain bacteria. The synthesis of polyphosphate is mediated by the reversible action of polyphosphate kinase (PPK). In H. pylori , accumulation of polyphosphate has been observed under anaerobic conditions and during formation of unculturable, coccoid forms at stationary phase. Previous observations in our laboratory showed that H. pylori significantly reduced the rate of phosphate uptake under acidic conditions, indicating that polyphosphates may be an alternative phosphate source during growth in acid. This study …

Policy Options To Enhance Technology Diffusion: Modeling The Greenhouse Gas Reduction Potential Of Solid-State Lighting, Amanda Slocum

Theses

Solid-state lighting (SSL) is an emerging technology that is projected to provide substantial energy savings over conventional lighting sources by 2025. There is a growing concern over the consequences of climate change, largely attributed to anthropogenic emissions of carbon dioxide (CO2; a greenhouse gas) from fossil fuel combustion. Currently fossil-fuel combustion accounts for 70% of electricity produced in the U.S., and end-use lighting applications alone consume approximately one-fifth of this electricity. Therefore, replacing conventional lighting sources with energy-efficient SSL has the potential to significantly reduce electricity consumption which can in turn reduce CO2 emissions. However, previous research has shown there …

A Conceptual Framework For The Integration Ofpsychology And Christianity In Clinical Supervision, Jamie Dean Aten

All-Inclusive List of Electronic Theses and Dissertations

Using a multiple case study design and grounded theory approach, Evangelical supervisors were interviewed to determine how they integratePsychology and Christianity in clinical supervision. In-depth interviews were conducted with eight participants who had been peer-nominated by leaders in the field of Christian integration. A conceptual framework for integratingPsychology and Christianity in clinical supervision emerged. This framework is comprised of supervisor influences, supervisor conceptualizations, supervisor indicators, supervisor roles, and supervisor actions. The specific themes that make-up this framework are discussed in detail. Issues of supervisor training readiness and recommendations for integratingPsychology and Christianity in clinical supervision were also explored. Six of …

An Analysis Of The Social Support Network Of Gay Men Living With Hiv, Bridget Roberts-Pittman

All-Inclusive List of Electronic Theses and Dissertations

This study examined the social support networks of gay men living with HIV. This study represents a unique detailing of the specific members of their social support networks. Eighty-five participants completed the Social Support Questionnaire (Wright, 1995) initially and at 6-month intervals for a 2-year period. The participants were divided into 3 groups defined by HIV status: (a) asymptomatic; (b) symptomatic; and (c) AIDS. Seven participants were randomly selected from each group, resulting in the sample of 21 participants with 238 different individuals within the networks. Networks were examined in terms of stability of the members within the specific networks. …

An Investigation Of Psychologists' Attitudes Toward Sex Offenders, Lori M. Cichon

All-Inclusive List of Electronic Theses and Dissertations

The present study investigated differences in psychologists' attitudes toward sex offenders. The independent variables were biological sex, categorized as male and female, and amount of training in working with sex offenders, categorized as none versus some. Three hundred and fourteen participants were included in this study and a 2 x 2 Factorial ANOVA was conducted. An interaction between biological sex and training was found. Without training, female psychologists held more negative attitudes toward sex offenders than male psychologists without training. With training, female psychologists' attitudes toward sex offenders were slightly more positive than their male counterparts. A significant main effect …

Best Practice, Current Practice, And Parent Satisfaction With Psychological Evaluation Services Through First Steps In Indiana, Sara Elizabeth Davis

All-Inclusive List of Electronic Theses and Dissertations

Parent satisfaction with psychological services provided through the First Steps program in the state of Indiana was the primary focus of this study. Differences in parent satisfaction based on ethnicity, maternalEducation level, family income, and disability eligibility category were investigated. Location of service was also evaluated in terms of parents' satisfaction with services provided. Participants were 123 families who had received psychological services through the Indiana First Steps program during the last two years. Participants were surveyed by mail using an instrument designed for this study. Items on the survey addressed demographics along with a range of practices including assessment …

Variables That Predict Success In Mathematics For Females In Highereducation: An Analysis Of Quantitative And Qualitative Predictors, Dottie L. King

All-Inclusive List of Electronic Theses and Dissertations

Female students in higherEducation do not pursue high-level mathematics courses in the same proportion as males and this creates lessened opportunities for them. This mixed-methods study investigated attitudes as well as achievement factors that encourage or inhibit success for female students in mathematics. Mathematics SAT/ACT scores and high school courses of first-year students at a private women's college in the Midwest were used as achievement data; seven of the Fennema-Sherman scales provided attitudinal data. Multiple regression techniques were used to determine whether attitudinal or achievement variables best predict success and to create a model with the first college-level mathematics grade …

M2mi Service Discovery Middleware Framework, Joel Donado

Theses

M2MI has been thought of as a paradigm for applications running on ad hoc networks of fixed and mobile wireless proximal devices. For this to function, so far, we have relied on the human configuration of the devices sharing the same application. This includes, setting up the M2MI layer through Java, and starting the M2MI application. M2MI has worked fine under this scheme. A more general approach is to join a network and automatically discover any services available, in the case we have the M2MI layer already started. Afterwards, we can choose the service that we want to use. For …

Elgamal-Type Signature Schemes In Modular Arithmetic And Galois Fields, Gerard Nealon

Theses

A digital signature is like a handwritten signature for a file, such that it ensures the identity of the person responsible for the file and prevents any unauthorized changes to the original file. Digital signatures use the same technology as most public key cryptosystems in which there is a public and private key. Most mathematical operations are done over a field Zp where p is some large prime. It is possible to do the same operations over other finite fields. My project explains and studies the different finite fields that can be used as well as ways to implement and …

Book Review: Beyond Neutrality: Confronting The Crisis In Conflict Resolution, Nadja Alexander

Research Collection Yong Pung How School Of Law

No abstract provided.

Is The Contractor More Secure With A Priority Right? A Functional Analysis Of Article 286 Of Prc Contract Law, Wei Zhang

Research Collection Yong Pung How School Of Law

In recent years, China’s economic boom has drawn considerable attention all around the world. Real estate development is among the strongest pillars that support the fast growing GDP of this country. When fascinated by the shining residential buildings, office towers and public facilities sprouting across the country, however, we are also surprised at the mountains of the outstanding debts that Chinese contractors are not able to collect. Statistics shows that the aggregate amount of overdue payment to contractors has increased steadily during the past 15 years nationwide, with about $440 million in 1990, $2.4 billion in 1992, $3.7 billion in …

Statute And Public Policy In Private International Law: Gambling Contracts And Foreign Judgments, Tiong Min Yeo

Research Collection Yong Pung How School Of Law

This note argues that because there is a legal distinction between the public policy defence to the enforcement of foreign judgments under the common law and the corresponding defence in the Reciprocal Enforcement of Commonwealth Judgments Act, the prohibition against the enforcement of foreign wagering transactions under Singapore law is no longer founded on public policy.

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 …

Gross Margins Guide 2005 Western Australia, Allan Herbert

Farm Systems and Economics published reports

The Western Australian Department of Agriculture has prepared this 2005 booklet with the following aim:

To provide budgeting information for farmers, agribusiness, and other students of agriculture to enhance understanding and more informed decision making.

It builds on a previous similar booklet - "Gross Margins Guide 2003" - which was produced in 2002 with Commonwealth Bank sponsorship. 2,500 copies of that booklet were produced and gained wide readership. Gross margins for broad area agriculture had not been published by the Department for the previous 1 O years. Feedback and further requests suggested that an update was necessary - hence this …

A Comparable Cross-System Bank Productivity Measure: Empirical Evidence From The Malaysian Dual Banking System, Valli B. Batchelor

Theses: Doctorates and Masters

This thesis seeks to fill a void in the banking performance literature by (1) proposing a cross-system bank productivity assessment methodology that can be applied to both conventional and Islamic banking and (2) implementing this methodology on a dual banking system to gauge the comparable productivity of Islamic and conventional banks relative to one another in a banking system that has experienced deregulation and consolidation. The growing significance of Islamic banking cannot be overlooked as its growth in recent years has significantly outpaced conventional banking. This new banking duality trend profoundly impacts the relative competitiveness of both banking systems and …

South Korea Country Profile 2005, Georgia Thomas

Farm Systems and Economics published reports

The Republic of Korea (South Korea) has a population of 48 million, with 12 million living in the capital of Seoul. The population is highly literate with Korean the main language and English taught widely in schools. South Korea is highly urbanised, with 81 per cent of the population living in urban areas. While there is a strong demand for traditional Korean style foods, there is an increasing trend towards western style products (led by the younger generations) with particular emphasis on healthy/well being products.

The land area covers 99,200 square kilometres (1.4 per cent of the size of Australia). …

The Non-Modularity Of Moral Knowledge: Implications For The Universality Of Human Rights, Theresa W. Tobin

Philosophy Faculty Research and Publications

Many contemporary human rights theorists argue that we can establish the normative universality of human rights despite extensive cultural and moral diversity by appealing to the notion of overlapping consensus. In this paper I argue that proposals to ground the universality of human rights in overlapping consensus on the list of rights are unsuccessful. I consider an example from Islamic comprehensive doctrine in order to demonstrate that apparent consensus on the list of rights may not in fact constitute meaningful agreement and may not be sufficient to ground the universality of human rights. I conclude with some general suggestions for …

Digital Asset Management System For Small Graphic Design Operations, Levy Chandra

Theses

According to the 1999 data of the U.S. Census Bureau, more than 75% of graphic design firms are small, with no more than four employees. Currently, there is a limited amount of literature relating to digital asset management (DAM) in relation to this population. These graphic design firms work on various projects using multiple digital assets for each, such as text, images, and fonts. Some firms choose to use proprietary asset management software to manage, search, and backup their assets, while others set up workflows that utilize existing network systems and graphic software.

This research is a case study which …

0742: John E. Wellman Photograph Collection, 1943-1988, Marshall University Special Collections

Guides to Manuscript Collections

This collection is primarily composed of digital copies of a photograph album containing photographs taken by John E. Wellman, a combat photographer with the 571st Bomb squadron, 390th Bombing group, 8th Air Force, 1943-1945. Photographs show B-17s and fighter planes in formation, bombing runs, aerial views of bombs and ground attacks, and anti-aircraft fire during World War II. Other materials in the album include a 1943 class photo from the Army Air Force Technical Training School at Lowry Field, group and training photographs, a certificate signifying service in the 390th bomb group, and a 1988 color photograph featuring Wellman at …

Evaluation Of Ecotourism In Armenia, Narine Yeghoyan

Theses

Over the last decades ecological tourism has become very popular all around the world. Ecotourism has emerged as a development tool, which aims to protect the natural area and cultural diversity by attracting the ecotourists and generating benefits for the local community without harming nature. Good interpretation services, cultural sensitivity and involvement with local community are three characteristics that differentiate ecotourism from other types of tourism. Ecotourism can bring many benefits, but if it is not organized properly, it can have very serious environmental consequences. Therefore evaluation of ecotourism product in a destination is important. It can help policy makers …

Looking In, Mahine Rattonsey

Theses

Not Included

Securing Peer-To-Peer Overlay Networks, William Heinbockel

Theses

Overlay networks are virtual networks, which exist on top of the current Inter net architecture, and are used in support of peer-to-peer (P2P) applications. The virtualization provides overlays with the ability to create large, scalable, decentral ized networks with efficient routing. Many implementations of overlay networks have come out of academic research. Each provides a unique structure and routing configuration, aimed at increasing the overall network efficiency for a particular ap plication. However, they are all threatened by a similar set of severe vulnerabilities.

I explore some of these security deficiencies of overlay network designs and pro pose a new …

A Process Capability Index For Three-Dimensional Data With Circular Or Ellipsoidal Tolerances., Veljko Fotak

Theses

We discuss the estimation of a process capability index for three-dimensional data. Initially, we focus on the case in which the engineering tolerance associated with the measurements is a sphere. Then, we extend the discussion to the more general case in which the engineering tolerance is ellipsoidal. In both cases, we develop summary measures for repeatability and reproducibility, to be used in the context of a process capability index.

In the spherical tolerance case we define summary measures, where each measure is based on the diameter of a sphere that leads to a pre-specified capture rate (we will use here …

Low Frequency Noise Modeling In Single- And Double-Gate Mosfets, Shailesh S. Rai

Theses

The Flicker or 1// noise dominates the noise spectrum at low frequency. A serious concern for MOSFETs for circuit application is much higher flicker (1//) noise because of the heterogeneous interface between silicon (Si) and silicon dioxide (Si02). Very high intrinsic flicker noise of CMOS transistors becomes a drawback for low-Intermediate Frequency (IF) or direct-conversion architectures. In spite of extensive research and efforts to understand the low-frequency noise origin in semiconductor devices, there exists no unique theory to explain the low-frequency noise generation mechanism. Flicker noise in MOSFETs is usually perceived to be caused by carrier density fluctuations, which is …

Multilayer Composite Structures For Stress Mitigation In Thin Films And Mems Applications., Michael J. Parthum Sr.

Theses

The IC and MEMS industry has been plagued by the problem of residual stresses that result from the deposition of materials on silicon. The residual stresses can induce the delamination of the thin firms, impede subsequent processing steps, or adversely effect the final geometry and performance of thicker films used in MEMS. The current research introduces a novel approach using a multi-layer sandwich composite approach to control residual stresses in a MEMS device, as well as to control the final geometry of the device. The method uses different materials and/or processing parameters, to create a stress - neutral laminate by …