Digital Commons Network^™

Cool Data On A Hot Issue: Empirical Evidence That A Law School Bar Support Program Enhances Bar Performance, Emmeline Paulette Reeves

Law Faculty Publications

Many law schools have become increasingly concerned about the bar passages rates of their graduates. Low bar passage rates may negatively impact student morale, accreditation, and future admissions. Law schools are also concerned about the emotional and financial impact on their graduates of failing the bar examination. What, if anything, can and should law schools do to improve their graduates' chances of passing the bar examination?

Many law schools are deciding that they should do something. A significant number of law schools are now offering programs "specifically designed" to improve their graduates' performance on the bar examination. And these schools …

The Ncaa's Regulations Related To The Use Of Agents In The Sport Of Baseball: Are The Rules Detrimental To The Best Interest Of The Amateur Athlete?, Richard T. Karcher

Vanderbilt Journal of Entertainment & Technology Law

First, this Article will discuss the NCAA regulations applicable to all sports regarding the use of agents by amateur athletes. Next, this Article will discuss (i) the mechanics of the annual Major League Baseball draft, (ii) the factors that contribute to the necessity and desire for amateur baseball players to retain a competent agent or lawyer before they have extinguished their NCAA eligibility, and (iii) how the NCAA regulations are detrimental to both drafted and draft-eligible amateur baseball players. Finally, this Article will discuss how the NCAA should revise its regulations to better serve the amateur athlete in the sport …

Copyright Infringement In The Indian Film Industry, Rachana Desai

Vanderbilt Journal of Entertainment & Technology Law

This Note focuses on the largest of these industries: Bollywood, the center of Hindi language cinema. In recent years, nearly eight out of every ten Bollywood scripts have been inspired by one or more Hollywood films. Previously, this widespread problem was not visible to those outside of India. The emergence of the internet and better global communications, however, have made Westerners more aware of the cultural copy situation in India. In 2003, best-selling fiction writer Barbara Taylore-Bradford brought a copyright infringement suit against Sahara Television for allegedly making a television series out of her book "A Woman of Substance." After …

Sola, Perduta, Abbandonata: Are The Copyright Act And Performing Rights Organizations Killing Classical Music?, Amanda Scales

Vanderbilt Journal of Entertainment & Technology Law

This Note first explores the special concerns faced by classical composers and the distinctions that make classical composition inherently different from popular songwriting. The Note also discusses some of the more recent developments under the Copyright Act that affect composers of art music, most notably the Copyright Term Extension Act and the Fairness in Music Licensing Act. The Note then analyzes the adverse effects that the current state of the law has on classical composers. Ultimately, this Note offers suggestions for composers who wish to protect their works while retaining their artistic integrity and continuing the traditions of classical music, …

An Analysis Of The Recording Industry's Litigation Strategy Against Direct Infringers, Kristina Groennings

Vanderbilt Journal of Entertainment & Technology Law

In the fall of 2003, suing direct infringers may have been the only recourse left to the recording industry. The industry faced a long-term trend of a decrease in sales, due largely to file-sharing. The decline in album sales following the inception of Napster, from 1999 through 2002, had been the most dramatic in the past 30 years. CD sales were down from $13.2 billion in 2000 to $11.2 billion in 2003. The industry's victory in Napster was fleeting, as publicity over the issue increased awareness of peer-to-peer (P2P) technology and users flocked to decentralized networks like Grokster and KaZaa, …

Revenue Sharing In Major League Baseball: Are Cuba's Political Managers On Their Way Over Too?, Matthew R. Mccarthy

Vanderbilt Journal of Entertainment & Technology Law

In response to a growing disparity amongst the league's best and worst teams, fans, reporters, and even some players have proposed various plans designed to share revenues amongst owners and level the economic playing field. The smaller market teams claim they cannot compete because they have less revenue than the bigger teams, which translates to an inability to pay for high priced players and state-of-the-art facilities. In response to this perceived problem, owners have proposed and implemented some limited forms of revenue sharing and a competitive balance tax...

Part II of this Note examines the history of professional baseball's exemption …

Protecting The Future: A Strategy For Creating Laws Not Constrained By Technological Obsolescence, Jay Campbell

Vanderbilt Journal of Entertainment & Technology Law

This note will examine the obsolescence of laws through the lens of recent cases relating to "wiretapping laws" and propose the creation of laws that protect certain rights independent of technology. Recently, a number of courts have held that laws created in the mid-1980's to protect communications do not apply to Internet-related communications, reasoning that the method of transmission falls outside the language of the statutes. As a result, e-mail and other forms of Internet-based communications are treated differently from older forms of communication such as telephone conversations. This note will propose a broad legislative solution with the aim of …

Are We Playing By The Rules? A Debate Over The Need For Ncaa Regulation Reform, Katherine Todd, Chris Guthrie, Professor Covington, Linda Bensel-Meyers, Gene Marsh, Mike Slive Commissioner, Len Elmore

Vanderbilt Journal of Entertainment & Technology Law

We welcome all of you here today. The moderator for this morning's panel is Professor Robert Covington. Professor Covington is a senior member of the Vanderbilt faculty, having joined the law school immediately after his graduation from Vanderbilt Law in 1961. Professor Covington did his undergraduate work at Yale. He has established himself as a wide-ranging scholar and teacher, with a recognized expertise in labor law. Professor Covington has also taught sports law classes at the Law School. In recognition of his distinguished service to Vanderbilt, in 1992 he received the university's Thomas Jefferson Award. Professor Covington, I'll turn it …

Is The System Flawed? Legal Ramifications Of The Bowl Championship Series And Conference Alignment, Josh Helton, Mike Slive Commissioner, Gary Roberts, Andrew Sorenson

Vanderbilt Journal of Entertainment & Technology Law

Vice Chancellor Williams:

Let me start -this is really a discussion, or a panel that deals with the BCS and conference alignment. So why don't we just jump right in it, and I think the first question that I would like to ask is --we'll throw it up, really I think I'd like to go to both Mike and Gary on this --why are we seeing all the movement around of the schools from conference to conference? What is this all about?

Gary Roberts:

That's 95% of it. It is schools trying to reposition themselves better in their industry, which …

Tragedy And Triumph In Title Ix, Welch Suggs

Vanderbilt Journal of Entertainment & Technology Law

The NCAA is trying to send a stronger message about the importance of the educational goals of college sports, as evidenced by the elevation of academic standards. However, colleges send a powerful message to parents by rewarding them for allowing their children to play a single sport year-round, to the exclusion of other activities. If sport offers a stronger guarantee of college admission than study--and Bowen's work indicates that is true not just at big-time sports powerhouses, but also at the country's most prestigious colleges--who can blame a student or parent from diving into sports? The future of women's athletics …

Navigating Into The New "Safe Harbor": Model Interest Surveys As A New Tool For Title Ix Compliance Programs, John J. Almond, Daniel A. Cohen

Vanderbilt Journal of Entertainment & Technology Law

The policy debate and the divergent views expressed in the mainstream media have provided little practical advice regarding the Additional Clarification or the Model Survey to the well-intentioned academic institution seeking to comply with Title IX in a cost-effective manner. This Article is intended to be a source of such practical advice. This Article discusses the Additional Clarification from the perspective of the academic institution and seeks to help it evaluate whether to implement the OCR's recommendations, including the Model Survey, as part of its Title IX compliance program. The Article does not engage in the policy debate regarding the …

Arresting Vaulting Pole Technology, Russ Versteeg

Vanderbilt Journal of Entertainment & Technology Law

Generally speaking, sports rules perform at least six functions, many of which overlap. Sports rules: 1) define the game; 2) promote safety; 3) prohibit unfair advantage; 4) promote administrative efficiency; 5) foster good sportsmanship; and, 6) promote fairness. Presumably, as sports evolve, rule makers must seriously consider at least two important questions when deciding how to respond to any given technological innovation that affects a sport. They must consider its potential impact on the integrity of the sport (i.e., how it affects both the definition of the game as well as whether it creates an unfair advantage and/or otherwise hinders …

Analogical Modeling And Morphological Change: The Case Of The Adjectival Negative Prefix In English, Don William Chapman, Royal Skousen

Faculty Publications

This article examines the usefulness of Skousen’s Analogical Modeling (AM) for explaining morphological change. In contrast to previous accounts of analogy, AM constitutes a general unified model of language that accounts for both sporadic and systematic changes. AM also provides explicit constraints on analogy that allow explanation of how morphological changes begin, which forms most likely serve as patterns for analogy, and which forms are most likely to change.

AM is then tested on the case of the adjectival negative prefix in English (in-, un-, dis-, etc.), using the Middle and Early Modern English portions of the Helsinki corpus as …

The Blind Spot In The Mirror: Self-Recognition And Personal Identity In Borges’S Late Poetry, David Laraway

Faculty Publications

La poesfa tardfa de Bo,ges podrfa parecer conservadora y hasta redundante para el lector que ya conoce sus cuentos y su poesfa temprana. No obstante, en el presente artfculo propongo una interpretadon de la ceguera en su poesfa tardfa, interpretdndola como motivo estructurador vinculado con el proyecto de sus obras mejor conoc1das. De interis especial es la cuestion de! cardcter aparentemente ilusorio de! yo. Basdndome en la filosefia analftica contempordnea, hago una distindon entre la identtficadon metajfsica y la identtficadon estitica. .Esta, a mi ver, nos propordona una clave esendal para entender la fancion de la primera persona gramatical en …

Business Ethics, Steelman Library, Tony De Souza

Syllabus Repository

No abstract provided.

Theology 1, Steelman Library, Samuel Hemby

Syllabus Repository

No abstract provided.

Homiletics, Steelman Library, Richard C. Harris Dr.

Syllabus Repository

No abstract provided.

Stamper - Misc. Book 4, Carter County Genealogical Society

Carter County Genealogy Collection

A miscellaneous genealogy of the Stamper family in Carter County, Kentucky. Book number 4.

Miscellaneous Persons Book, Carter County Genealogical Society

Carter County Genealogy Collection

A book of miscellaneous persons, including the family histories of Kiser, Stallard, Stone, Fannin, Fultz Jordan, Ovey, etc. of Carter County, Kentucky.

Stamper - Miscellaneous Information, Carter County Genealogical Society

Carter County Genealogy Collection

A Stamper family history of miscellaneous information from Carter County, Kentucky.

Mouse Cytomegalovirus M33 Is Necessary And Sufficient In Virus-Induced Vascular Smooth Muscle Cell Migration, Ryan Melnychuk, Patsy Smith, Craig N. Kreklywich, Franziska Ruchti, Jennifer Totonchy, Laurel Hall, Lambert Loh, Jay A. Nelson, Susan L. Orloff, Daniel N. Streblow

Pharmacy Faculty Articles and Research

Mouse cytomegalovirus (MCMV) encodes two potential seven-transmembrane-spanning proteins with homologies to cellular chemokine receptors, M33 and M78. While these virus-encoded chemokine receptors are necessary for the in vivo pathogenesis of MCMV, the function of these proteins is unknown. Since vascular smooth muscle cell (SMC) migration is of critical importance for the development of atherosclerosis and other vascular diseases, the ability of M33 to promote SMC motility was assessed. Similar to human CMV, MCMV induced the migration of mouse aortic SMCs but not mouse fibroblasts. To demonstrate whether M33 was required for MCMV-induced SMC migration, we employed interfering-RNA technology to specifically …

Center For Children With Special Needs: Investigating Architectural Design Through A Child's Perception Of Place, Michael P. Wild

Architecture Theses

Embodying energy, emotion and youthfulness, children are a delicate and sensitive part of our communities. Unfortunately because of their size and growing immune systems, when faced with illness children tend to need special attention in order to regain their bodies balance and health. Therefore, developing a building and creating a special environment for children to recover in is an important feature to the Fargo community. The building[s] will need to encompass the children's creative thoughts and ideals, sustaining a typology which will support and nurture their time of healing and recovery.

Resource And Diagnostic Center For Developmental Disabilities, Erin Rae Kelash

Architecture Theses

Psychology as it relates to architecture was investigated in order to determine appropriate design requirements for a resource and diagnostic center for individuals with developmental disabilities. The fundamental hypothesis of this thesis is that medical and psychological issues can inform proper health care design. Specifically, creating an environment which promotes both physical and psychological comfort is vital to the effectiveness of the treatment, research and education which takes place in this building.

Domus Dei: Diocese Of Fargo Retreat Center, Craig D. Michels

Architecture Theses

In 2003 the Catholic Diocese of Fargo moved into a new building in south Fargo next to the new Shanley High School. They did this to get all of the offices into a single building which is call the Pastoral Center. The old main office building was the Queen of Peace retreat center, which was an old convent. In this move they unfortunately no longer have a retreat center as it wasn’t budgeted for in the new building. In 2001 a new ministry group call the Young Disciples Teams was created and run out of the Queen of Peace. This …

Humanizing Architecture For Healthcare: Designing A Balance Between System Centered And Patient Centered Architecture, Heather Helland

Architecture Theses

Far too often the meaning of architecture for health care has been focused on the notion of a provider (system)— center care instead of a patient—centered care. This paper will explain the notion of how crucial the relationship is between both. Those buildings that achieve a balance between the two have arrived at a state of equality and become symbols of civic pride. More specifically, this study will take place on the island of St. Thomas. The hospital of the island has been scorned for its deplorable condition both inside and out. It was not uncommon for the newspapers to …

Branch One: A Treehouse Retreat, Linn Bjornrud

Architecture Theses

The tree house is a concept that puts excitement into the eyes and hearts of children everywhere. What is unique is that the same affect is had on many adults when asked about it. This is due to the fact that nearly every child either experiences or entertains the idea of what fun could be had with a tree house. The need to enjoy life is one that cannot be lost in the responsibilities and routines of everyday living. Instead we must celebrate the simple and honest pleasures that exist around us. The goal of this retreat is to provide …

Autonomous Vehicle Technologies For Small Fixed-Wing Uavs, Randal Beard, Derek Kingston, Morgan Quigley, Deryl Snyder, Reed Christiansen, Walt Johnson, Timothy Mclain, Michael A. Goodrich

Faculty Publications

The objective of this paper is to describe the design and implementation of a small semi-autonomous fixed-wing unmanned air vehicle. In particular we describe the hardware and software architectures used in the design. We also describe a low weight, low cost autopilot developed at Brigham Young University and the algorithms associated with the autopilot. Novel PDA and voice interfaces to the UAV are described. In addition, we overview our approach to real-time path planning, trajectory generation, and trajectory tracking. The paper is augmented with movie files that demonstrate the functionality of the UAV and its control software.

Superior Shores Lakehomes: Lake Superior's Hidden Destination, Melissa Schlukebier

Landscape Architecture Theses

The north shore of Lake Superior in Minnesota is a major tourist destination for travelers from around the country and worldwide. The past 50 years has seen rapid development of both residential and commercial lots along the lake shore. Much of this development has had an adverse affect on the ecology of the shoreline. Superior Shores, a resort and lake home rental property near Two Harbors is an example of housing and business on the lake which I have interest in. This 46 acre property includes a lodge, several condo units, restaurants, pools, small shops and conference center. The property …

Coordination Variables, Coordination Functions, And Cooperative Timing Missions, Randal Beard, Timothy W. Mclain

Faculty Publications

Sponsorship: AFOSR, DARPA. This paper presents a solution strategy for achieving cooperative timing among teams of vehicles. Based on the notion of coordination variables and coordination functions, the strategy facilitates cooperative timing by requiring acceptably low levels of communication and computation. The application of the coordination variable/function approach to trajectory planning problems for teams of unmanned air vehicles with timing constraints is described. Three types of timing constraints are considered: simultaneous arrival, tight sequencing, and loose sequencing. Simulation results demonstrating the viability of the approach are presented.

Speech Interactions With Linguistic, Cognitive, And Visuomotor Tasks, Christopher Dromey, Emily Bates

Faculty Publications

Lip movements were examined across several repetitive speaking conditions (speech alone and speaking concurrently with a linguistic, cognitive, or visuomotor challenge task) in 20 young adults. Performance in these nonspeech activities was also compared between isolated tasks and concurrent speech conditions. Linguistic challenges resulted in increased spatiotemporal variability of lip displacement across repetitions. Motor challenges led to more rapid speech with smaller lip displacement. These qualitatively different changes suggest that different aspects of attention are required for linguistic versus manual visuomotor activity. Vocal intensity increased for all concurrent task conditions compared with speech alone, suggesting increased effort compared to the …