Digital Commons Network^™

Clicking Away The Competition: The Legal Ramifications Of Click Fraud For Companies That Offer Pay Per Click Advertising Services, Daniel L. Hadjinian

Washington Journal of Law, Technology & Arts

Two businesses that advertise online, Lane's Gifts and Collectibles and Advanced Internet Technologies, recently filed lawsuits against Google, and other intermediaries that offer sponsored advertising services. The companies allege that these intermediaries failed to adequately protect them against "click fraud." Click fraud refers to the practice whereby competitors and other persons may click to view an online ad with no intention of buying, learning about the advertiser's services, or engaging in any other action that the ad aims to achieve. Plaintiffs allege that the intermediaries breached their contractual duties by charging the companies whose ads they hosted for fraudulent clicks, …

The Current Volume 17 : Issue 13, Nova Southeastern University

Student Newspapers

No abstract provided.

December 4, 2006

The Gavel Gazette

No abstract provided.

The Constitution's Political Deficit, Robin West

Georgetown Law Faculty Publications and Other Works

Professor Levinson has wisely called for an extended conversation regarding the possibility and desirability of a new Constitutional Convention, which might be called so as to correct some of the more glaring failings of our current governing document. Chief among those, in his view, are a handful of doctrines that belie our commitment to democratic self-government, such as the two-senators-per-state makeup of the United States Senate and the Electoral College. Perhaps these provisions once had some rhyme or reason to them, but, as Levinson suggests, it is not at all clear that they do now. They assure that our legislative …

To Serve And Protect: Do Businesses Have A Legal Duty To Protect Collections Of Personal Information?, Derek A. Bishop

Washington Journal of Law, Technology & Arts

Commercial, governmental, and nonprofit organizations are more frequently reporting instances of data security breaches. This has, in turn, raised fears of identity theft. In some limited instances, companies that maintain large amounts of personal information—such as credit reporting agencies—have been subject to statutory duties to protect that personal information. In some instances, such legislation has also permitted a private cause of action for breach of these duties. Legislatures have expanded these statutes to encompass, at least to a limited degree, all business entities that collect personal information. Recent precedent indicates that courts may follow this trend by declaring security breaches …

Bard Free Press, Vol. 8, No. 4 (December 4, 2006), Bard College

Bard Free Press - All Issues (2000-2018)

No abstract provided.

The Bg News December 4, 2006, Bowling Green State University

BG News (Student Newspaper)

The BGSU campus student newspaper. December 4, 2006. Volume 97-Issue 69.

T-Mobile Usa Inc. V. Department Of Finance For Baltimore City: What The Latest Salvo In Disproportional Cellular Phone Taxation Means For The Future, Daniel P. Slowey

Duke Law & Technology Review

Seventeen percent of the average monthly cellular phone bill in 2004 was comprised of federal, state, and local taxes. As the number of wireless subscribers across the nation continues to increase, states, cities, and counties are increasingly seizing upon cellular taxation as a panacea for budget shortfalls. The Maryland Tax Court’s recent decision in T-Mobile USA, Inc. v. Department of Finance for Baltimore City held state and county taxes on the sale of individual cellular lines as legal excise taxes rather than illegal sales taxes. This iBrief will highlight the origins of telecommunications taxation, examine the ruling in T-Mobile in …

Meaningful Activities For Individuals With Dementia Living In Long-Term Care, Angela Conti

All Theses

Among older adults with Alzheimer`s disease, 61% to 88% experience problematic passivity (Kolanowski, 1995), which has been linked to a loss of functional abilities (Colling, 1999). In order to prevent this functional decline, social isolation, and development of problematic passivity guidelines can be deduced from the Need-driven Dementia-compromised Behavior (NDB) model for identifying the causes of passive behavior, which can be addressed when designing specialized therapeutic recreation programs.
The purpose of this study was to determine the efficacy of meaningful activities compared to traditional nursing home activities on the level of alert engagement among individuals with dementia living in a …

The Role Of Wnt Signaling In Development Of The Ophthalmic Trigeminal Placode., Rhonda Nicole Lassiter

Theses and Dissertations

Cranial placodes are ectodermal regions that contribute extensively to the vertebrate peripheral nervous system. The development of the ophthalmic trigeminal (opV) placode, which gives rise only to sensory neurons of the ophthalmic lobe of the trigeminal ganglion, is a well-studied model of sensory neuron development. While key differentiation processes have been characterized at the tissue and cellular levels, the molecules governing opV placode development have not been well described. This study identifies the canonical Wnt signaling pathway as a regulator of opV trigeminal placode development. Introducing dominant-negative TCF and dominant-active β-catenin expression constructs by in ovo electroporation, we have manipulated …

Communicating Ethnicity: A Phenomenological Analysis Of Constructed Identity, Laura L. Pierson

College of Journalism and Mass Communications: Theses

This dissertation uses phenomenology, along with a constructionist framework, to explore the ways an ethnic community in central Texas constructs and communicates its cultural identity. The first goal of this study (RQ1) was to describe how the people of Norse, Texas experience ethnicity. The second goal of this study (RQ2) was to discover how this ethnicity was communicatively constructed and maintained. The third goal of this study (RQ3) was to learn how the relationship between ethnic identity and communication contributes to the creation of shared meanings within the community. The fourth goal (RQ4) of this study was to describe the …

Using Social Network Analysis To Investigate Potential Bias In Editorial Peer Review In Core Journals Of Comparative/International Education, Biao Cheng

Theses and Dissertations

This study explores potential bias in the editorial peer-review system within the context of the field of comparative and international education. Assuming the role as “Guardian of Science” and “social status judge” (Zuckerman & Merton, 1971), peer-review, the quality control system of science, directly affects the growth of science, scientists' academic career and their institutions. The very basic tenet of the peer review system is its assumed objectivity. Bias in editorial peer review process, however, is inevitable. The constitution of the blind peer review mechanism is itself a simply undeniable acknowledgement of that fact. Therefore, this study investigated potential peer-review …

Crumbs From The Master's Table: The Supreme Court, Pro Se Defendants And The Federal Guilty Plea Process, Julian A. Cook

Scholarly Works

This Article will commence with a review of the rather significant evolution of Rule 11, including a review of several pertinent Supreme Court decisions that have helped shape its current structure. Thereafter, the predominant judicial methodology for conducting Rule 11 hearings will be discussed. Specifically, this Article will take a brief but critical look at, inter alia, the examination techniques employed by the judiciary when conducting Rule 11 hearings, and conclude that the process typically employed inadequately assesses whether a defendant's guilty plea was entered into knowingly and voluntarily. Next, this Article will discuss two very recent Supreme Court decisions--United …

Taking Judicial Notice Of Genocide? The Problematic Law And Policy Of The Karemera Decision, Ralph Mamiya

ExpressO

On June 16, 2006, the Appeals Chamber of the International Criminal Tribunal for Rwanda issued a decision in Prosecutor v. Karemera taking judicial notice of the fact that genocide occurred in Rwanda in 1994. This decision startled many court observers. While no internationally respected commentator would today question whether the Rwanda genocide took place, should such an event be judicially noticed without evidence? This paper examines that question, arguing that the ICTR Appeals Chamber’s expansive use of judicial notice in Karemera was both illogical and unwise. Genocide, whether as an historical fact or legal charge, fails to meet the “common …

Directors And The Nonpursuit Of Naeyc Accreditation: Varying Definitions Of Quality, Mccormick Center For Early Childhood Leadership

McCormick Center for Early Childhood Leadership Publications

A recent study was conducted to better understand the basis for the decision not to pursue accreditation of the National Association for the Education of Young Children.

December 2, 2006 (Pages 7223-7406), Pennsylvania Legislative Reference Bureau

Volume 36 (2006)

No abstract provided.

The Role Of Global Land Use In Determining Greenhouse Gases Mitigation Costs, Thomas Hertel, Huey-Lin Lee, Steven Rose, Brent Sohngen

GTAP Working Papers Archive

This paper develops a CGE model with unique regional land types and detailed non-CO2 GHG emissions which it uses to analyze the potential for reductions in land-based greenhouse gas emissions as well as forest sequestration. In our global, general equilibrium analysis of carbon taxation, we find that forest carbon sequestration is the dominant means for global GHG emissions reduction in the land using sectors. However, when compared to the rest of the world, emissions abatement in the US comes disproportionately from agriculture, and, within agriculture, disproportionately from reductions in fertilizer-related emissions (primarily in maize production). In the world as a …

Privilege Through Prayer: Examining Bible-Based Prison Rehabilitation Programs Under The Establishment Clause, Nathaniel J. Odle

ExpressO

In early June of 2006, an Iowa federal judge found a publicly-funded prison ministry to be in violation of the Establishment Clause and ordered it stopped. The program in question, the InnerChange Freedom Initiative, conceived and maintained by Prison Fellowship Ministries, utilized an overtly Christian model to rehabilitate inmates through spiritual and moral regeneration. In the eyes of the court, the failure of the state of Iowa to provide a reasonable secular alternative had the primary effect of advancing religion and fostered excessive governmental entanglement under a traditional Lemon analysis. Equally important in the court’s decision was the lack of …

The United States Supreme Court And The Second Amendment, Stefan B. Tahmassebi

ExpressO

In the media and in the legislative arena there has been much debate about the holdings of the United States Supreme Court in regard to the Second Amendment. Some gun control proponents assert that the Supreme Court has held that the Second Amendment is a "collective right;" a right of the "collective" and not of any individual. Are they correct? Other gun control proponents assert that the Second Amendment has not been incorporated and is not effective against state government action. Firearms rights proponents assert that the Supreme Court has held that the Second Amendment protects the right of the …

Void Agreements, Knocked-Out Terms, And Blue Pencils: Judicial And Legislative Handling Of Unreasonable Terms In Noncompete Agreements, Kenneth R. Swift

ExpressO

This article adresses the divergent approaches currently taken by courts after finding an unreasonable term in an employer-employee noncompete agreement. The article begins by reviewing basic standards used to determine if the terms of a noncompete agreement are reasonable. The article then addresses and analyzes the three approaches used by courts after finding an unreasonable term: finding the agreement void in its entirety, using the "Blue Pencil" doctrine to eliminate unreasonable terms and enforce the remaining terms, and using the court's equitable powers to not only remove unreasonable terms, but to rewrite those terms to make them reasonable. The article …

Cal Poly Magazine, Winter 2006

Cal Poly Magazine

No abstract provided.

Mustang Daily, December 1, 2006

Cal Poly Student Newspaper

Student newspaper of California Polytechnic State University, San Luis Obispo, CA.

Digital Rights Management And The Traditional Knowledge Database, Murray Lee Eiland

Ethnobotanical Leaflets

Patenting traditional knowledge (TK) without the consent of right-holders is a contentious issue. There are a number of proposals that seek to defeat Western patents of TK by using a database to defeat novelty. Legal protection of these databases, particularly in the USA, appears to be a concern of many potential TK right-holders. There are provisions in international and US law that can protect a TK database from infringers.

The Language Of Earl Lovelace, Merle Hodge

Anthurium: A Caribbean Studies Journal

No abstract provided.

The Nation/A World/A Place To Be Human: Earl Lovelace And The Task Of “Rescuing The Future”, Jennifer Rahim

Anthurium: A Caribbean Studies Journal

No abstract provided.

The Vulnerable Observer: Self-Fashioning In Earl Lovelace’S Growing In The Dark (Selected Essays), Sandra Pouchet Paquet

Anthurium: A Caribbean Studies Journal

No abstract provided.

Patient Care News: December 2006, St. Cloud Hospital

Patient Care News

Holiday Letter

National Recognition: Donor Program Trauma Coordinator

Level I and II Trauma Code Pages Trauma Standing Order Sets

Trauma Code Activation Criteria Trauma Order Forms: ICU and All Patients

Injury Prevention Education Sheets

Practice Change: Red Arm Bands

Nutrition Services: Focus on Patient Satisfaction

Magnet Force 6: Quality of Care Holiday Schedules and Cut/Call Reminder

Professional Education Clinical Ladder

Requests Of Brown By Lc Classification: December 2006, Ruth E.. Souto

HELIN Monthly Loan Statistics

Requests of Brown from other HELIN libraries - December 2006.

Tyrosine Phosphorylation Of Villin: Effects On Actin Dynamics, Cell Morphology And Cell Migration, Alok Tomar

Theses and Dissertations (ETD)

Cell migration is a key aspect of many normal and abnormal biological processes, including embryonic development, defense against infections, wound healing, and tumor cell metastasis. In this study we demonstrate that an epithelial cell actin-binding protein, villin, plays a crucial role in the process of cell migration. Overexpression of villin in doxycyline-regulated HeLa Tet-off and MDCK Tet-off cells enhanced cell migration. We further demonstrate that tyrosine phosphorylation of villin by c-src is required for villin-induced cell migration. Previously, we identified four tyrosine phosphorylation sites in the amino-terminal domain of villin. I further identified six new sites in the carboxylterminal region …

The Forum (Volume 36, Number 5), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.