Digital Commons Network^™

Fixing Fair Use, Michael W. Carroll

Working Paper Series

The fair use doctrine in copyright law balances expressive freedoms by permitting one to use another’s copyrighted expression under certain circumstances. The doctrine’s extreme context-sensitivity renders it of little value to those who require reasonable ex ante certainty about the legality of a proposed use. In this Article, Professor Carroll advances a legislative proposal to create a Fair Use Board in the U.S. Copyright Office that would have power to declare a proposed use of another’s copyrighted work to be a fair use. Like a private letter ruling from the IRS or a “no action” letter from the SEC, a …

Of Apples And Trees: Adoption And Informed Consent, Ellen Wertheimer

Working Paper Series

This article argues that the doctrine of informed consent should apply to the process of adopting a child. There is substantial evidence that all adopted children are at higher risk of learning disabilities and mental health problems than nonadopted children. The article first summarizes the social science evidence demonstrating these risks and discusses some of the reasons why more extensive studies have not yet been done. The article then turns to the law of informed consent as created and applied in the contexts of medicine and law, and concludes that informed consent doctrine should apply to the process of adoption. …

The Soul Of Politics: The Reverend Jim Wallis's Attempt To Transcend The Religious/Secular Left And The Religious Right, Bohn David Lattin, Stephen Underhill

Communications Faculty Research

Preacher and social activist Jim Wallis has written and spoke out against what he identified as the polarizing effects between the Religious/Secular Left and the Religious Right. His first hook The Soul of Politics: A Practical and Prophetic Vision for Change (1995) reveals Wallis's attempt to create a rhetorical vision that transcends the polarizing political ideologies of the Left and Right. An analysis of Wallis's rhetoric reveals that while his rhetorical goal was laudable the message, built in the form of a jeremiad, lacked consistency and failed to transcend the Frames of Acceptance of both the Left and the Right.

A Case Study On Grid Performance Modeling, Amy Apon, Baochuan Lu, Larry Dowdy, Frank Robinson, Doug Hoffman, Denny Brewer

Publications

The purpose of this case study is to develop a performance model for an enterprise grid for performance management and capacity planning1. The target environment includes grid applications such as health-care and financial services where the data is located primarily within the resources of a worldwide corporation. The approach is to build a discrete event simulation model for a representative work-flow grid. Five work-flow classes, found using a customized k-means clustering algorithm characterize the workload of the grid. Analyzing the gap between the simulation and measurement data validates the model. The case study demonstrates that the simulation model can be …

Helping Residents In Nursing Homes Find Peace, Daniel Banks, Sue Crow

The Linacre Quarterly

No abstract provided.

Kosovo, Country Profile

The Journal of Conventional Weapons Destruction

From 1998 to 1999, an internal struggle known as the Kosovo Conflict caused Kosovo, a U.N.-administered province of Serbia, to become littered with mines and unexploded ordnance, including cluster-bomb units. Since the conflict ended, mines and UXO have claimed hundreds of victims in Kosovo. Today, very little of the original contamination remains thanks to the success of Kosovo's excellent mine-action program.

Altered Placental And Fetal Expression Of Igfs And Igf-Binding Proteins Associated With Intrauterine Growth Restriction In Fetal Sheep During Early And Mid-Pregnancy., Barbra De Vrijer, Meredith L Davidsen, Randall B Wilkening, Russell V Anthony, Timothy Regnault

Paediatrics Publications

The insulin-like growth factors (IGFs) are postulated to be altered in association with the development of intrauterine growth restriction (IUGR). The present studies examined placental and fetal hepatic mRNA concentration of components of the IGF system at two time points (55 and 90 d gestational age, dGA; Term 147 dGA) in a hyperthermia (HT)-induced sheep model of placental insufficiency-IUGR. Maternal plasma insulin and IGF-I were constant at 55 and 90 dGA and were unaffected by treatment. Umbilical vein insulin concentrations tended to be reduced at 90 dGA following HT exposure. Caruncle IGF-I mRNA was increased at 90 dGA in HT …

Activation Of Brain Regions Vulnerable To Alzheimer's Disease: The Effect Of Mild Cognitive Impairment, S. C. Johnson, T. W. Schmitz, C. H. Moritz, M. E. Meyerand, H. A. Rowley, A. L. Alexander, K. W. Hansen, C. E. Gleason, C. M. Carlsson, M. L. Ries, S. Asthana, K. Chen, E. M. Reiman, G. E. Alexander

Brain and Mind Institute Researchers' Publications

This study examined the functionality of the medial temporal lobe (MTL) and posterior cingulate (PC) in mild cognitive impairment amnestic type (MCI), a syndrome that puts patients at greater risk for developing Alzheimer disease (AD). Functional MRI (fMRI) was used to identify regions normally active during encoding of novel items and recognition of previously learned items in a reference group of 77 healthy young and middle-aged adults. The pattern of activation in this group guided further comparisons between 14 MCI subjects and 14 age-matched controls. The MCI patients exhibited less activity in the PC during recognition of previously learned items, …

Evaluating Catholic Medical Ethics Books, Patrick F. Guinan

The Linacre Quarterly

No abstract provided.

Ecclesial False Consciousness, Richard Cross

The Linacre Quarterly

No abstract provided.

Probiotics: Therapeutic Potential For People With Spinal Cord Injury (Sci), Kingsley Anukam

Data and Test Instruments

The recent increased interest in probiotics “Live microorganism which, when administered in adequate amounts, confer a health benefit on the host”, has not yet translated into specific products for hospitalized or spinal cord injured (SCI) patients in Canada. Europeans have more access to clinically proven products, such as Proviva, a Lactobacillus plantarum 299V containing milk drink which when given with oat fibres, has been shown to reduce infections in seriously ill surgical patients. For applications to SCI patients, several options could either be tested now or applied in the future. There are good data on the anti-inflammatory effects of probiotic …

As I Recall…November 2006, Lee County Medical Society

As I Recall Column

"As I Recall…" Column written by Dr. Roger D. Scott for the November 2006 Lee County Medical Society Bulletin newsletter. The entire Bulletin is included, but "As I Recall…" is on page 3.

Most Popular Downloads -- October 2006

Institutional Repository Information

The 200 most-often downloaded documents (plus ties) from the UNL Digital Commons for October 2006. Includes links to the documents.

Knowing The Text, Knowing The Learner: Literature Discussions With Fifth Grade Struggling Readers, Kristen Celani, Ellen Mcintyre, Elizabeth C. Rightmyer

Reading Horizons: A Journal of Literacy and Language Arts

The purpose of this article is to describe an action research study on the discourse patterns that seemed to best promote "developed" discussions of literature with fifth-grade struggling readers in an urban school. Developed discussions are those in which a substantial topic is maintained and the teacher-student talk included interpretations of the text and responses supported by textual, personal, and/or prior knowledge. Findings illustrated that developed discussions occurred in relation to the teacher's specific prompts and responses, the literature selected, and her focus on individual students.

The Baysider : Vol. 6, Issue 10 - November 2006, Bayside Neighborhood Association

The Baysider

The Baysider (1999 - 2018) a community newspaper, published by the Bayside Neighborhood Association. Bayside is an inner-city Portland neighborhood flanked by Parkside, Back Cove, Downtown (a.k.a. Intown), and the East End. Feature articles focused on Bayside, though also included many city themes.

Adobe Medicus 2006 6 November-December, Health Sciences Library And Informatics Center

adobe medicus

No abstract provided.

Wmi Outdoor News Bulletin * November 2006, Volume 60, No. 10

Wildlife Management Institute Outdoor News Bulletin

Contents:

• North American Bird Species Shown to be Susceptible to Avian Influenza

• Longleaf pine restoration gets huge boost from Conservation Reserve Program

• Controversy still stalking elk feedgrounds in Wyoming

• Predator/prey workshop to be held at North American Conference

• New book gets rave notice

• With dove vote, Michiganders shoot science-based wildlife management in the foot

• Geothermal energy issue still boiling at the Valles Caldera National Preserve

• 72nd North American Wildlife and Natural Resources Conference registration

• Northeast states get positively proactive on State Wildlife Actions Plans

• Nominations sought for 2007 northern bobwhite …

Gray Wolf Biology Questions And Answers

Rocky Mountain Wolf Recovery: Annual Reports

1) Why was the gray wolf listed as endangered?
2) What types of habitat do wolves use?
3) Do wolves need wilderness areas to survive? Can they survive near urban areas?
4) How far do wolves travel?
5) What do wolves eat?
6) If wolf numbers get too high will deer and elk be eliminated?
7) How do wolves in an area affect deer hunting?
8) Do wolves really take the old, young, sick, starving, or injured animals?
9) Do wolves kill more than they can eat?
10) Does the presence of wolves affect the numbers of animals other than …

The Winonan, Winona State University

The Winonan - 2000s

No abstract provided.

Auditing Executive Discretion, Mariano-Florentino Cuellar

Notre Dame Law Review

Executive branch officials routinely make thousands of decisions affecting public security and welfare. While it is rare that such discretionary decisions are entirely immune from some kind of judicial review, the courts' role is often so circumscribed or deferential that in some domains the probability of uncovering problems through such review almost certainly falls close to zero. The resulting amount of executive discretion carries considerable risks along with rewards. Some discretionary decisions undoubtedly benefit from the speed and flexibility associated with limits on judicial review. Yet judicial review's evisceration as a tool to restrain certain forms of discretion also makes …

The Impact Of Multiple Fluency Interventions On A Single Subject, Jennifer Morra, Diane H. Tracey

Reading Horizons: A Journal of Literacy and Language Arts

This study investigates the effectiveness of multiple fluency interventions on a single subject in grade three. Fluency interventions, including choral reading, echo reading, repeated reading, audio book modeling, and teacher modeling were implemented over a period of eight weeks. Results indicated that using multiple fluency strategies, rather than a single fluency strategy as is usually investigated, was positively associated with improvement in oral reading

Refuge Update – November/December 2006, Volume 3, Number 6

RefugeUpdate (USFWS-NWRS)

Table of Contents:

Least Bell’s Vireos Are Back, page 3 San Joaquin River National Wildlife Refuge hosted totally unexpected residents last year.

Managing Ocean Wildlife, page 5 A new agreement should help in managing marine resources.

Focus on . . . Endangered Species, pages 10-21 Whether it’s the fastest land mammal or the tiniest mussel, refuges work on behalf of endangered species.

Peeping at Peeps, page 24 Shorebirds can be tough to identify. Classroom and fields trips helped.

Mere Refinement Of The State Action Doctrine Will Not Work, Peter Hettich

DePaul Business & Commercial Law Journal

No abstract provided.

What's Happening: November, 2006, Maine Medical Center

What's Happening

No abstract provided.

Phylogenetic Analysis Of Buggy Creek Virus: Evidence For Multiple Clades In The Western Great Plains, United States Of America, Martin Pfeffer, Jerome E. Foster, Eric A. Edwards, Mary Bomberger Brown, Nicholas Komar, Charles R. Brown

United States Public Health Resources

We present the first detailed phylogenetic analysis of Buggy Creek virus (BCRV), a poorly known alphavirus with transmission cycles involving a cimicid swallow bug (Oeciacus vicarius) vector and cliff swallows (Petrochelidon pyrrhonota) and house sparrows (Passer domesticus) as the principal avian hosts. Nucleotide sequences of a 2,075-bp viral envelope glycoprotein-coding region, covering the entire PE2 gene, were determined for 33 BCRV isolates taken from swallow bugs at cliff swallow colonies in Nebraska and Colorado in the summer of 2001 and were compared with the corresponding region of BCRV isolates collected from Oklahoma in the …

'How's My Driving?' For Everyone (And Everything?), Lior Strahilevitz

Articles

This is an Article about using reputation-tracking technologies to displace criminal law enforcement and improve the tort system. The Article contains an extended application of this idea to the regulation of motorist behavior and examines the broader case for using technologies that aggregate dispersed information in various settings where reputational concerns do not adequately deter uncooperative behavior. The Article proposes a compulsory "How's My Driving?" program for all motor vehicles. Although more rigorous study is warranted, the initial data from voluntary "How's My Driving?" programs is quite promising, suggesting that the use of "How's My Driving?" placards on commercial trucks …

Openline Newsletter, November 2006, Civil Service Council

OpenLine Newsletter

A monthly newsletter for Civil Service employees, Volume XXXII, Number 5, November 2006.

Is There Propitious Selection In Insurance Markets?, Tsvetanka Karagoyozova, Peter Siegelman

Economics Working Papers

The theory of adverse selection in insurance markets has been enormously influential among scholars, regulators, and the judiciary. But empirical support for adverse selection has been much less persuasive, and several recent studies have found little or no evidence of such selection in insurance markets. "Propitious" (advantageous) selection offers an alternative mechanism that is consistent with these empirical findings. Like adverse selection, the theory assumes that insureds have an informational advantage over insurers. However, propitious selection relies on the plausible assumption that risk aversion is negatively correlated with the riskiness or probability of loss across insureds - the more risk-averse …

Ipulse: November 2006, Lynn University

Student Newspapers

Issues:

• November 2, 2006
• November 3, 2006
• November 7, 2006
• November 8, 2006
• November 9, 2006
• November 10, 2006
• November 14, 2006
• November 15, 2006
• November 16, 2006
• November 17, 2006
• November 28, 2006
• November 29, 2006
• November 30, 2006

Panther- November 2006 - Vol. Lxxxv No. 9, Prairie View A&M University

PV Panther Newspapers

No abstract provided.