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2006

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Institution
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Conducting The Constitution: Justice Scalia, Textualism, And The Eroica Symphony, Ian Gallacher Jan 2006

Conducting The Constitution: Justice Scalia, Textualism, And The Eroica Symphony, Ian Gallacher

Vanderbilt Journal of Entertainment & Technology Law

The goal of this article is a very modest one: to use one piece of music, the first movement of Beethoven's Eroica symphony, to consider how legal scholars, using the doctrinal principles they have developed to interpret the Constitution, would interpret the piece as conductors. This article makes no pretense of offering a new genre of legal hermeneutics; there is no suggestion here that a "law and musicology" movement will provide a comprehensive analytical framework which we can use to solve problems of Constitutional interpretation. Rather, this article suggests that musical interpretative "doctrines"--if so loose a collection of practices merits …

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The Age Of Innocence: The First 25 Years Of The National Collegiate Athletic Association, 1906 To 1931, W. Burlette Carter Jan 2006

The Age Of Innocence: The First 25 Years Of The National Collegiate Athletic Association, 1906 To 1931, W. Burlette Carter

Vanderbilt Journal of Entertainment & Technology Law

In 2006, the National Collegiate Athletic Association ("NCAA"), the most powerful body in intercollegiate athletics, celebrates its 100th anniversary. In this article, the author undertakes to survey the NCAA's first twenty five years, offering a revealing snapshot of the beginning of intercollegiate athletics in the United States. As with the author's prior articles on this subject, this article continues the unique approach of using the proceedings of the NCAA and contemporaneous media articles to make its case. In so doing, the article challenges commonly held assumptions about the origins of present intercollegiate athletics policy, providing a much-needed history to frame …

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D.I.Y. After Dastar: Protecting Creators' Moral Rights Through Creative Lawyering, Individual Contracts And Collectively Bargained Agreements, Rick Mortensen Jan 2006

D.I.Y. After Dastar: Protecting Creators' Moral Rights Through Creative Lawyering, Individual Contracts And Collectively Bargained Agreements, Rick Mortensen

Vanderbilt Journal of Entertainment & Technology Law

Part I examines the scope of Dastar and argues that it is sufficiently narrow to permit some false attribution claims based on section 43(a) of the Lanham Act. As support, Part I examines district court cases after Dastar as well as pre-Dastar attribution cases that are still arguably good law. Part II examines the Second Circuit case of Gilliam v. ABC, Inc., in which the Monty Python comedy troupe successfully enjoined ABC from showing a mutilated copy of its work, as a model for pursuing right of integrity claims. Part II will show that this case is still good law, …

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Distinctly Delineated Fictional Characters That Constitute The Story Being Told: Who Are They And Do They Deserve Independent Copyright Protection?, Jasmina Zecevic Jan 2006

Distinctly Delineated Fictional Characters That Constitute The Story Being Told: Who Are They And Do They Deserve Independent Copyright Protection?, Jasmina Zecevic

Vanderbilt Journal of Entertainment & Technology Law

Part I of this paper discusses the characteristics that make literary characters especially difficult to protect. Part II describes the historical treatment of literary characters and the two main tests used to determine whether they are entitled to independent copyright protection. Part III demonstrates that the two tests currently used are not adequate tools for determining when copyright law protects literary characters. Part IV explores the possibility of using trademark and unfair competition laws to offer partial protection to fictional characters. Part V presents an argument that literary characters do not need independent protection because they are already sufficiently protected …

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Objectified Body Consciousness And Eating Attitudes And Behaviors Of College Females And Males, Danielle Jo Eastman Jan 2006

Objectified Body Consciousness And Eating Attitudes And Behaviors Of College Females And Males, Danielle Jo Eastman

Dissertations and Theses @ UNI

This study investigated the relationship between objectified body consciousness (OBC) and eating attitudes and behaviors of both female and male students at a Midwestern university. Based on a survey completed by 369 females and 181 males, relationships between OBC as measured by the Objectified Body Consciousness Scale (OBCS; McKinley, 1995) and eating attitudes and behaviors as measured by the Eating Attitudes Test (EAT-26; Garner, Olmstead, Bohr, & Garfinkle, 1982) were analyzed using Pearson product-moment correlations. The OBCS consists of three subscales representing body surveillance, body shame, and control beliefs. A higher score on the EA T-26 indicates an increased likelihood …

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Reply To Elizabeth Warren, F. Stephen Knippenberg Jan 2006

Reply To Elizabeth Warren, F. Stephen Knippenberg

Oklahoma Law Review

No abstract provided.

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Toward A Balanced Equation: Advocating Consistency In The Sentencing Of Serial Killers, Talitha Ebrite Jan 2006

Toward A Balanced Equation: Advocating Consistency In The Sentencing Of Serial Killers, Talitha Ebrite

Oklahoma Law Review

No abstract provided.

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The Polluter Pays Principle In Canadian Agriculture, Marie-Ann Bowden Jan 2006

The Polluter Pays Principle In Canadian Agriculture, Marie-Ann Bowden

Oklahoma Law Review

No abstract provided.

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The Polluter Pays Principle In European Community And Its Impact On United Kingdom Farmers, Michael Cardwell Jan 2006

The Polluter Pays Principle In European Community And Its Impact On United Kingdom Farmers, Michael Cardwell

Oklahoma Law Review

No abstract provided.

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The Growth Of Cost-Shifting In Response To The Rising Cost And Importance Of Computerized Data In Litigation, Ross Chaffin Jan 2006

The Growth Of Cost-Shifting In Response To The Rising Cost And Importance Of Computerized Data In Litigation, Ross Chaffin

Oklahoma Law Review

No abstract provided.

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The Slippery Slope Of Ski Tort Reform: Will The Judiciary Uphold Legislative Intent? — Jagger V. Mohawk Mountain Ski Area, Inc., Joel Bulleigh Jan 2006

The Slippery Slope Of Ski Tort Reform: Will The Judiciary Uphold Legislative Intent? — Jagger V. Mohawk Mountain Ski Area, Inc., Joel Bulleigh

Oklahoma Law Review

No abstract provided.

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A Tarnished Golden Rule — Why Badillo V. Mid Century Insurance Co. Demands Further Clarification From The Oklahoma Supreme Court Regarding The Tort Of Bad Faith, Andrew Kernan Jan 2006

A Tarnished Golden Rule — Why Badillo V. Mid Century Insurance Co. Demands Further Clarification From The Oklahoma Supreme Court Regarding The Tort Of Bad Faith, Andrew Kernan

Oklahoma Law Review

No abstract provided.

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The Missing Piece: The Forgotten Role Of Testator Intent In The Application Of The Doctrine Of Dependent Relative Revocation In Oklahoma, Julia E. Swenton Jan 2006

The Missing Piece: The Forgotten Role Of Testator Intent In The Application Of The Doctrine Of Dependent Relative Revocation In Oklahoma, Julia E. Swenton

Oklahoma Law Review

No abstract provided.

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Rescuing Rule 3(C) From The 800-Pound Gorilla: The Case For A Non-Nonsense Approach To Defective Notices Of Appeal, Philip A. Pucillo Jan 2006

Rescuing Rule 3(C) From The 800-Pound Gorilla: The Case For A Non-Nonsense Approach To Defective Notices Of Appeal, Philip A. Pucillo

Oklahoma Law Review

No abstract provided.

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Oklahoma's Parentless Child: Determining The Best Interests Of The Child By Making Multilateral Adoption Decisions, Cara Rodriguez Jan 2006

Oklahoma's Parentless Child: Determining The Best Interests Of The Child By Making Multilateral Adoption Decisions, Cara Rodriguez

Oklahoma Law Review

No abstract provided.

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Silence Should Be Golden: A Case Against The Use Of A Defendant's Post-Arrest, Pre-Miranda Silence As Evidence Of Guilt, Marty Skrapka Jan 2006

Silence Should Be Golden: A Case Against The Use Of A Defendant's Post-Arrest, Pre-Miranda Silence As Evidence Of Guilt, Marty Skrapka

Oklahoma Law Review

No abstract provided.

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Building Law, Not Libraries: The Value Of Unpublished Opinions And Their Effects On Precedent, Anika C. Stucky Jan 2006

Building Law, Not Libraries: The Value Of Unpublished Opinions And Their Effects On Precedent, Anika C. Stucky

Oklahoma Law Review

No abstract provided.

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Easy Grocery: 3d Visualization In E-Grocery, J Somerville, Lj Stuart, N Barlow Jan 2006

Easy Grocery: 3d Visualization In E-Grocery, J Somerville, Lj Stuart, N Barlow

School of Engineering, Computing and Mathematics

There are many deficiencies in the traditional electronic commerce schema. The main problem for consideration is the text and picture based design that underpins current HTML systems. This paper presents the online grocery shopping system called Easy Grocery which is available at www.easygrocery.co.uk. This system is based on the innovative concept of using a 3D system as an interface to the user during their shopping experience. Furthermore, this 3D system follows the mental model of the user as opposed to that of the developer. Additionally, the user is able to select the layout of the online store so that it …

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Vehicular Based Drug Box Temperature Control Study, Jonora Mejia Jan 2006

Vehicular Based Drug Box Temperature Control Study, Jonora Mejia

OTS Master's Level Projects & Papers

The following hypothesis was used as the basis of this study: 1. Temperatures of the prehospital drug boxes will remain in an acceptable range when stored in a compartment insulated with rigid, solid foam.

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New Testament Survey, Robby Waddell Dr. Jan 2006

New Testament Survey, Robby Waddell Dr.

Syllabus Repository

No abstract provided.

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The Constitutionality Of The Monkey Wrench: Exploring The Case For Intelligent Design, Johnny Buckles Jan 2006

The Constitutionality Of The Monkey Wrench: Exploring The Case For Intelligent Design, Johnny Buckles

Oklahoma Law Review

Teaching intelligent design in public schools has become an extremely controversial, and highly publicized, educational prospect that is just beginning to garner judicial attention. This Article argues that a proper resolution of the constitutional problems raised by teaching intelligent design requires both a precise understanding of intelligent design and evolutionary theory, and a sophisticated grasp of theological conceptions of the origin and development of life. After explaining these important foundational concepts and surveying the most relevant Supreme Court precedent, this Article discusses two important threshold questions that arise from the origins debate. First, is intelligent design theory inherently religious? Secondly, …

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Interlocutory Appeals Under The Federal Arbitration Act And The Effect On The District Court’S Proceedings, Michael P. Winkler Jan 2006

Interlocutory Appeals Under The Federal Arbitration Act And The Effect On The District Court’S Proceedings, Michael P. Winkler

Oklahoma Law Review

No abstract provided.

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Meet The New Test, Same As The Old Test: In Re Spearing Tool’S Rejection Of The Revised Article 9 Rules Means Secured Creditors Will Get Fooled Again, Joshua L. Edwards Jan 2006

Meet The New Test, Same As The Old Test: In Re Spearing Tool’S Rejection Of The Revised Article 9 Rules Means Secured Creditors Will Get Fooled Again, Joshua L. Edwards

Oklahoma Law Review

No abstract provided.

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Defending The Polygon: The Emerging Human Right To Communal Property, Thomas T. Ankersen, Thomas K. Ruppert Jan 2006

Defending The Polygon: The Emerging Human Right To Communal Property, Thomas T. Ankersen, Thomas K. Ruppert

Oklahoma Law Review

No abstract provided.

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Losing Control: Regulating Situational Crime Prevention In Mass Private Property, Robert E. Pfeffer Jan 2006

Losing Control: Regulating Situational Crime Prevention In Mass Private Property, Robert E. Pfeffer

Oklahoma Law Review

No abstract provided.

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Miller V. Department Of Corrections: The Application Of Title Vii To Consensual, Indirect Employer Conduct, Stephen Dacus Jan 2006

Miller V. Department Of Corrections: The Application Of Title Vii To Consensual, Indirect Employer Conduct, Stephen Dacus

Oklahoma Law Review

No abstract provided.

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State Ex Rel. Oklahoma Tax Commission V. Texaco Exploration & Production, Inc.: Favoring The Drafting Party?, Jonathan D. Morris Jan 2006

State Ex Rel. Oklahoma Tax Commission V. Texaco Exploration & Production, Inc.: Favoring The Drafting Party?, Jonathan D. Morris

Oklahoma Law Review

No abstract provided.

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Practical Ecocriticism (Review Essay), Nancy Easterlin Jan 2006

Practical Ecocriticism (Review Essay), Nancy Easterlin

English Faculty Publications

No abstract provided.

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Rapid Determination Of Reduced And Oxidized Glutathione Levels Using A New Thiol-Masking Reagent And The Enzymatic Recycling Method: Application To The Rat Liver And Bile Samples, Imam H. Shaik, Reza Mehvar Jan 2006

Rapid Determination Of Reduced And Oxidized Glutathione Levels Using A New Thiol-Masking Reagent And The Enzymatic Recycling Method: Application To The Rat Liver And Bile Samples, Imam H. Shaik, Reza Mehvar

Pharmacy Faculty Articles and Research

A microtiter plate assay for quantitation of reduced (GSH) and oxidized (GSSG) glutathione in the rat liver tissue and bile is described. The assay is based on the established enzymatic recycling method and a new thiol-masking reagent, 1-methyl-4-vinyl-pyridinium trifluoromethane sulfonate (M4VP). Samples were first processed by homogenization with (liver) or addition of (bile) sulfosalicylic acid. The total glutathione and GSSG were then determined before and after rapid (>= 2 min) and efficient (100%) masking of the GSH content of the samples with M4VP followed by the enzymatic recycling assay. The percentages of error and coefficient of variation of the …

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Learning Competent Fathering: A Longitudinal Analysis Of Marital Intimacy And Fathering, Kay Bradford, Alan J. Hawkins Jan 2006

Learning Competent Fathering: A Longitudinal Analysis Of Marital Intimacy And Fathering, Kay Bradford, Alan J. Hawkins

Faculty Publications

Although scholars have documented many links between marital relationships and parenting, these associations are not commonly explained in terms of behavior that is learned or achieved over time. This paper examines the idea that good fathering – conceptualized here as competent fathering – is the result of a developmental process, and that a loving, committed relationship between parents creates a context in which traits supportive of caring fathering are likely to be learned and practiced. After setting the stage conceptually, we provide a modest initial test of this hypothesis to discern the associations between three components of marital intimacy (emotional …

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