Digital Commons Network^™

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 …

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 …

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 …

Upon Further Review: Why The Nfl May Not Be Free After Clarett, And Why Professional Sports May Be Free From Antitrust Law, Darren W. Dummit

Vanderbilt Journal of Entertainment & Technology Law

This note begins by reviewing the Jewel Tea line of cases that theoretically serve as the starting point for any non-statutory exemption discussion, followed by brief overviews of the contrasting Wood and Mackey lines of cases. The background section then turns to a summary of Brown--the latest Supreme Court decision relating to the collective bargaining process in professional sports--followed by a brief discussion of the NFL eligibility rule and how it differs from the recently-enacted NBA eligibility rule, which is of unquestioned legality. Finally, both the District Court and Court of Appeals decisions in Clarett are summarized.

The analysis begins …

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 …

Constitutionally Excluded Confessions: Applying America's Lessons To A Democratic Iraq, Joseph T. Thai

Oklahoma Law Review

No abstract provided.

Habeas Corpus: Expired Conviction, Expired Relief: Can The Writ Of Habeas Corpus Be Used To Test The Constitutionality Of A Deportation Based On An Expired Conviction?, Joshua D. Smith

Oklahoma Law Review

No abstract provided.

A Prescription For Drug Liability And Regulation, Victor E. Schwartz, Phil Goldberg

Oklahoma Law Review

No abstract provided.

A Device Designed To Manipulate Diversity Jurisdiction: Why Courts Should Refuse To Recognize Post-Removal Damage Stipulations, Benjamin T. Clark

Oklahoma Law Review

No abstract provided.

Legislating New Federalism: The Call For Grand Jury Reform In The States, John F. Decker

Oklahoma Law Review

No abstract provided.

Losing Ground: Seminole And The Annexation Power Of Municipalities In Oklahoma, Kristen M. O'Connor

Oklahoma Law Review

No abstract provided.

Estimating Surface Wetness On Plants, R.D. Magarey, R.C. Seem, A. Weiss, T. Gillespie, L. Huber

Department of Agronomy and Horticulture: Faculty Publications

Plant surface (leaf, stem, petiole, etc) wetness or leaf wetness is an important agricultural weather variable for the prediction of plant diseases (Yarwood, 1978). The estimation of surface wetness has received considerable attention from a diverse group of scientists but unfortunately, no standard for measuring surface wetness has been widely accepted. Since surface wetness is not a true meteorological variable, as is temperature or precipitation, its measurement has not been routinely made as part of a general observation program by most national meteorological agencies. The main problem of not observing surface wetness on a routine basis has been the lack …

Agrostology; An Introduction To The Systematics Of Grasses, James P. Smith Jr

Botanical Studies

No abstract provided.

Pre- And Post-Selection Paradoxes And Contextuality In Quantum Mechanics, Matthew S. Leifer, Robert W. Spekkens

Mathematics, Physics, and Computer Science Faculty Articles and Research

Many seemingly paradoxical effects are known in the predictions for outcomes of intermediate measurements made on pre- and post-selected quantum systems. Despite appearances, these effects do not demonstrate the impossibility of a noncontextual hidden variable theory, since an explanation in terms of measurement disturbance is possible. Nonetheless, we show that for every paradoxical effect wherein all the pre- and post-selected probabilities are 0 or 1 and the pre- and post-selected states are nonorthogonal, there is an associated proof of the impossibility of a noncontextual hidden variable theory. This proof is obtained by considering all the measurements involved in the paradoxical …

Exploring Mypyramid: Oils -- Know Your Fats, Julie Garden-Robinson, Bridget Curley

FN Series – Food & Nutrition/HNES

No abstract provided.

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.

Total-Care Cancer Center: A Holistic Approach To Medical Care, Tammy Hieb

Architecture Theses

The Total-Care Cancer Center will be an extension of the Mayo Clinic in Rochester, Minnesota. Currently people from all over the world come to the Mayo Cancer Center for patient care, treatment, research and educational opportunities. Part of the Mayo Clinic's focus is on research in order to provide the best patient care through exploration and experience. The facility will continue to provide patient care and treatment but with a broader, unique approach. The new Cancer Center will facilitate space for research development and hands on leaning for staff, students, patients and family members. The goal is to create a …

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.

Aberdeen Convention Center, Ryan J. Schlosser

Architecture Theses

I, Ryan J. Schlosser, am proposing the design of a multi-use convention center in the heart of Aberdeen, SD. The site sits along US HWY 12 and Brown County 19. The main proposal is the design of a facility that would become not only a convention center, venue for concerts and attractions, office space, and restaurants but also a symbol of economic prosperity on the Great Plains of South Dakota. The client is the City of Aberdeen with the Aberdeen Convention and Visitor’s Bureau guiding the funding and representation for the building design. The project will reflect a driving emphasis …

Cohousing: Housing The Boomers, Valerie C. Bengtson

Architecture Theses

With the largest generation coming close to the retirement age, there is a high demand for new communities aimed at appealing to the baby boomers and the future generations. Throughout this project, elements such as personal comfort, independance, and other senior lifestyle conditions will be explored. One main element in this project will be creating a “community” that allows the residents to know eachother and get together with communal events. A well developed way of intergrating the social and design aspects of addressing the boomers issues is using the Cohousing concept. I would allow the independant lifestyle of the resident, …

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 …

Contemporary American Culture & Architecture In Relation To The Use, Intake, And Characteristics Of Advertisements And The Media: A Research Institution And Public Information Center, Jennifer Brandel

Architecture Theses

By analysis of the contemporary American Culture, specifically media driven consumerism, architecture can be informed and designed to react to and embrace current trends. In order for architecture to be as ubiquitous as prime time television, architecture must fall in line with the consumer structure that operates in America. Architecture must be consumable. There are two sides to the spread of advertisement and the media. One side is problematic on fundamental levels that have to do with conformity (branding), confusion (mixed messages) and entrapment of the consumer. Side two, on the other hand, involves a sophisticated means of communicating and …

Building Community: A Mixed Use Urban Redevelopment Project With An Emphasis On Community Sustainability, St. Paul, Minnesota, Rebecca L. Collis

Architecture Theses

This thesis will be a study of mixed use facilities in an urban area in an effort to find a design that is not only aesthetically pleasing, but encourages community growth and development. Research will look into reasons why Europeans are moving back to urban environments and the United States is still moving towards the suburbs. This thesis document will provide a solution as to what functions and building types encourage community growth and stability in the urban environment.

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 …

Water Resource Impacts From Medicines And Other Biologically Active Substances, Bruce Seelig

WQ Series – Water Quality

No abstract provided.

“Indian Participation In The Rocky Mountain Fur Trade.”, Jay H. Buckley

Faculty Publications

The Eastern Shoshones represent one of the most influential Indian groups in the histories of Wyoming and the Rocky Mountain fur trade. Before European contact their ancestral lands covered most of western Wyoming. After acquiring horses in the early eighteenth century, the eastern bands adopted the nomadic lifestyle and culture of the buffalo hunting Plains’ tribes. Leaving their lands between the Great Basin and Wind River Mountains, Shoshones ventured eastward via South Pass onto the plains to hunt bison. Th is expansion eastward brought contact with European traders offering horses, guns, and other manufactured goods that altered Shoshone life-ways and …

Georgetown Park: A New Urbanist Neighborhood On Fargo's Urban Fringe, Gregory Stachon

Landscape Architecture Theses

Poorly planned development is threatening our environment, our health, and our quality of life. In communities across America "sprawl" - scattered development that increases traffic, saps local resources and destroys open space - is taking a serious toll. From Connecticut to California sprawl is increasing air and water pollution, devouring wetlands and forests, and burdening our communities with the social and economic costs of unplanned growth. New Urbanism is a reaction to sprawl. A growing movement of architects, planners, and developers, the New Urbanism is based on principles of planning and architecture that work together to create human-scale, walkable communities. …