Digital Commons Network^™

At The Intersection Of Comic Books And Third World Working Conditions: Is It Time To Re-Examine The Role Of Commercial Interests In The Regulation Of Expression, David Kohler

UC Law SF Communications and Entertainment Journal

This article examines how a speaker's commercial interests factor into evaluating First Amendment protection. The author criticizes the current state of the law in the United States, which forces courts to draw categorical distinctions between commercial and noncommercial speech which are largely artificial, unwieldy, and likely unworkable. The article suggests a new approach that largely jettisons any attempt to draw broad categorical distinctions based on the underlying commercial motivation for communication and, instead, evaluates such expression in the same way that other kinds of fully protected speech are evaluated.

Spatial Analyses Of Trophic Linkages Between Basins In The Great Salt Lake, Wayne A. Wurtsbaugh, David Naftz, Shane Bradt

Watershed Sciences Faculty Publications

Although the Great Salt Lake is frequently treated as if it were a single body of water, the natural bays and transportation causeways have divided it into a system of four bays. The bays, however, do not function independently because water, nutrients and other contaminants flow between them. The purpose of our study was to analyze the water quality in three of the bays (Farmington, Bear River and Gilbert), to determine fluxes of nutrients between them, and to determine how this was influencing brine shrimp populations in the lake. Discharge and nutrient concentrations were measured at constrictions separating the three …

Relative Access To Corrective Speech: A New Test For Requiring Actual Malice, Aaron K. Perzanowski

Faculty Publications

This Article reexamines the First Amendment protections provided by the public figure doctrine. It suggests that the doctrine is rooted in a set of out-dated assumptions regarding the media landscape and, as a result, has failed to adapt in a manner that accounts for our changing communications environment.

The public figure doctrine, which imposes the more rigorous actual malice standard of fault on defamation plaintiffs who enjoy greater access to mass media, was constructed in an era defined by one-to-many communications media. Newspapers, broadcasters, and traditional publishers exhausted the Court's understanding of the means of communicating with mass audiences. As …

Judicial Incorporation Of Trade Usages: A Functional Solution To The Opportunism Problem, Juliet P. Kostritsky

Faculty Publications

Article 2 of the UCC directed courts to look to business norms as a primary means of interpreting contracts. Recently the new formalists have attacked this strategy of norm incorporation as a misguided one that will lead inevitably to significant error costs. Accordingly, they have embraced plain meaning as the preferred interpretive strategy. This article argues that the strategy of rejecting trade usages unless they are part of the express contract is too rigid. The rejection is premised on an overly narrow cost/benefit analysis that fails to account for the functional role that such usages may play in curbing opportunistic …

Note, Sisyphus In A Coal Mine: Responses To Slave Labor In Japan And The United States, Timothy Webster

Faculty Publications

This Note argues that the recent wave of litigation brought by former Chinese slave laborers, while important in its own right, highlights the need for a more comprehensive solution. Although ideally the Japanese Diet will devise its own response to the problem of compensation, the experiences arising from the Holocaust litigation in the United States provide a meaningful yardstick for comparison. In the United States, a large-scale settlement scheme followed, and finalized, numerous lawsuits brought by former forced and slave laborers from World War II Europe. The American response, though based on different circumstances, led to a multibillion-dollar fund that …

A No Moderator Needed: A Liberty Tradition Right To Broadcast Advertorials, Daniel Matheson

UC Law Constitutional Quarterly

Civic republicans have famously noted that the exclusion of relevant viewpoints from public debate undermines the process of democratic deliberation, a concern directly implicated by commercial broadcasters' well-publicized refusals to transmit controversial issue advertisements. Unfortunately, simply noting the failure of our current broadcasting regime to appropriately inform the public does not provide an actionable First Amendment objection. Current doctrine focuses primarily on preserving individual liberty, presupposing that protection of individuals' rights will prove sufficient to safeguard the speech necessary for participatory democracy and leaving little room for active state direction of the proverbial town meeting. If the liberty tradition is …

The Court Of Disbelief: The Constitution's Article Vi Religious Test Prohibition And The Judiciary's Religious Motive Analysis, Francis J. Beckwith

UC Law Constitutional Quarterly

In several federal cases concerning whether particular statutes or policies violate the First Amendment's prohibition of religious establishment, both the United States Supreme Court and other federal courts have rejected the constitutionality of these laws and policies on the grounds that they have an exclusively religious purpose. Part of the courts' analyses in some of these cases rely on the apparent religious motives of the statute's or policy's sponsors and/or citizen-supporters as the basis by which the courts infer that the law or policy in question has a religious purpose.

I argue in this paper that this sort of analysis …

Manifest, Hidden, And Divine: Introduction To Sefirot Aikido, Jack Susman

International Journal of Transpersonal Studies

The potential for forging a valuable relationship between two transpersonal systems, Aikido, a Japanese martial art and spiritual tradition, and Kabbalah, a Jewish spiritual tradition, is explored. Aikido is not simply a martial art, rather it is also a way to achieve a sense of the spiritual. However, especially for Westerners, many of its spiritual tenets are elusive, based on abstruse Japanese cultural roots, whereas Kabbalah, as a spiritual tradition more fully explicated for Western audiences, can provide an accessible framework for grasping some of Aikido’s deeper meanings. A blend of these traditions, called Sefirot Aikido, uses Kabbalah to understand, …

Monthly Accomplishments For Turnbull National Refuge, January 2006, Turnbull National Wildlife Refuge

Turnbull National Wildlife Refuge Reports

A monthly report of accomplishments at Turnbull National Wildlife Refuge written by Project Leader Nancy Curry.

Nine Gal Tavern, Lenville J. Stelle

Anthropology Faculty Scholarship

The Nine Gal Tavern site (11CH541) is located in western Champaign County, Illinois. Reconnaissance of the locality in 1987 and again in 1991 revealed a complex artifactual assemblage (n=4,875). Historical documentation and the archaeological recovery converge to suggest an evolving site function during the pre-Civil War period. By examining seven sociocultural variables, the pioneer tavern is modeled as passing through three discernable evolutionary stages: the Incidental Tavern, the Incipient Tavern, and the Full Tavern. The first and third of these stages are demonstrated at this site.

Mary Clearman Blew, Evelyn I. Funda

Western Writers Series Digital Editions

Defying the Welch family edict to “Never speak aloud of what you feel deeply,” Mary Clearman Blew has garnered national recognition as an eminent writer in the American west by choosing to write candidly about the riddle of her family, their deeply felt losses, and her sense of “the contradictions of double vision, of belonging in place and being out of place” (Balsamroot 4; Bone Deep 174). Unsparingly honest and accessible in eight books of fiction and nonfiction, in person Blew is, nevertheless, a quiet, dignified, and reserved woman who still thinks of herself as a bookworm, the girl …

In Memoriam: Howard P. Langridge, 1923-2004, Paul W. Sykes

Florida Field Naturalist

No abstract provided.

The Phantom Philosophy? An Empirical Investigation Of Legal Interpretation, 65 Md. L. Rev. 841 (2006), Jason J. Czarnezki, William K. Ford

UIC Law Open Access Faculty Scholarship

This Article tests a model of judicial decision making that incorporates elements of both the attitudinal model and the legal model, along with measures of institutional and judicial background characteristics such as collegiality and trial court experience. We develop a measure of interpretive philosophy relying primarily on judicial opinions, which we code for certain indicators of traditional interpretive approaches (i.e., the use of interpretive tools). The critical question is whether judges with similar interpretive philosophies are more likely to agree with one another when deciding cases. Our general finding is that ideology and interpretive philosophy are not significant predictors of …

Volume 18, No. 2

Thinking: The Journal of Philosophy for Children

Colvin, Deborah K. “Through Marush’s Eyes.” 4-­7.

de La Garza, Teresa. “Education for Justice.” 12-18.

Echeverra, Eugenio. “Teacher Education in Philosophy for Children.” 19-­23.

Hashim, Rosnani & Moomala Othman. “Critical Thinking and Reading Skills: A Comparative Study of the Reader Response and the Philosophy for Children Approaches.” 26­-34.

Hinton, Lynne. “Being Me: Notes from the Field.” 48-­50.

Hurtado, Angelica Adam. “Philosophy for Children in Teaching.” 8­-12.

Roemischer, John. “Teaching Social Studies Through Dialogue and Dialectic: Restoring the Practice of Philosophical Inquiry.” 35-42.

Sharp, Ann Margaret. “The Face of the Other.” 43­47. Shea, Peter. “Review of Richard Wilbur, The Pig in …

Apple Snail Densities In Habitats Used By Foraging Snail Kites, Philip C. Darby, Robert E. Bennetts, Laksiri B. Karunaratne

Florida Field Naturalist

No abstract provided.

A Historical Perspective On The Citrus-Like Scent Of The Crested Auklet, Spencer G. Sealy

Western Birds

No abstract provided.

Shorebird Use Of The Lower Los Angeles River Channel: A Novel Wetland Habitat, Daniel S. Cooper

Western Birds

No abstract provided.

Long-Billed Curlew Distributions In Intertidal Habitats: Scale-Dependent Patterns, Ryan L. Mathis, Mark A. Colwell, Linda W. Leeman, Thomas S. Leeman

Western Birds

No abstract provided.

Handbook Of Avian Hybrids Of The World, Peter Pyle

Western Birds

No abstract provided.

Ornithological Monographs No. 60, John Faaborg

Ornithological Monographs

No abstract provided.

Graduate Course Descriptions, 2006 Winter, Wright State University

Course Descriptions

Wright State University graduate course descriptions from Winter 2006.

The Spanish American Erotic Short Story, Pablo Brescia

World Languages Faculty Publications

No abstract provided.

Annual Report Of The Town Officers Of Mason, New Hampshire For The Year Ending December 31, 2005., Mason Town Representatives

Mason, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

20 Diets In West Chester During The Great Depression, Derek Shugar

History of West Chester, Pennsylvania

No abstract provided.

Town Of Ashland, New Hampshire Annual Report 2005., Ashland Town Representatives

Ashland, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Town Of New Boston, New Hampshire Annual Report For The Fiscal Year Ending December 31, 2005., New Boston Town Representatives

New Boston, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Cutaneous And Presumed Visceral Leishmaniasis In A Soldier Deployed To Afghanistan, James P. Woodrow, Joshua D. Hartzell, Jim Czarnik, David Brett-Major, Glenn Wortmann

Journal Articles: Epidemiology

Leishmaniasis has been frequently diagnosed in US military personnel returning from duty in Southwest Asia. The majority of cases have demonstrated cutaneous disease, although a few cases of visceral disease have been documented. We present the case of an immunocompetent, HIV-negative, US Army soldier who suffered both visceral and cutaneous manifestations of leishmaniasis after returning from deployment in Afghanistan. Overlap of cutaneous and visceral involvement is rare and has not been reported in our cohort. Latent Plasmodium vivax infection may have been an exacerbating cofactor. We discuss this case and present a review of the literature.

Fast-Swimming Hydromedusae Exploit Velar Kinematics To Form An Optimal Vortex Wake, John O. Dabiri, Sean Colin, John H. Costello

Arts & Sciences Faculty Publications

Fast-swimming hydromedusan jellyfish possess a characteristic funnel-shaped velum at the exit of their oral cavity that interacts with the pulsed jets of water ejected during swimming motions. It has been previously assumed that the velum primarily serves to augment swimming thrust by constricting the ejected flow in order to produce higher jet velocities. This paper presents high-speed video and dye-flow visualizations of free-swimming Nemopsis bachei hydromedusae, which instead indicate that the time-dependent velar kinematics observed during the swimming cycle primarily serve to optimize vortices formed by the ejected water rather than to affect the speed of the ejected flow. Optimal …

Out Of Thin Air: Using First Amendment Public Forum Analysis To Redeem American Broadcasting Regulation, Anthony E. Varona

University of Michigan Journal of Law Reform

American television and radio broadcasters are uniquely privileged among Federal Communications Commission (FCC) licensees. Exalted as public trustees by the 1934 Communications Act, broadcasters pay virtually nothing for the use of their channels of public radiofrequency spectrum, unlike many other FCC licensees who have paid billions of dollars for similar digital spectrum. Congress envisioned a social contract of sorts between broadcast licensees and the communities they served. In exchange for their free licenses, broadcast stations were charged with providing a platform for a "free marketplace of ideas" that would cultivate a democratically engaged and enlightened citizenry through the broadcasting of …

Not From Concentrate? Media Regulation At The Turn Of The Millennium M Arch 18-19, 2005, Journal Of Law Reform

University of Michigan Journal of Law Reform

Transcript from a March 2005 Symposium held in the University of Michigan Law School, Hutchins Hall.