Digital Commons Network^™

What Counts As Domestic Violence? A Conceptual Analysis, Michelle Madden Dempsey

Faculty Publications

This essay analyses the conceptual structure of domestic violence and critiques various influential accounts of domestic violence operating in the criminal justice system, legal and sociological academia, and the domestic violence advocacy community. Section A presents a preliminary philosophical analysis of domestic violence, with the goal of furthering our understanding of the correct use of this concept. This analysis centers around three key elements of domestic violence: violence, domesticity, and structural inequality. Section B develops an explanatory model of domestic violence based upon these key elements. Section C examines and critiques four principal accounts of domestic violence, each of which …

Scuffling For A Slice Of The Ringtone Pie: Evaluating Legal And Business Approaches To Copyright Clearance Issues, Carmen K. Yuen

Vanderbilt Journal of Entertainment & Technology Law

A cell phone goes off, but instead of "Brring," you hear the disco swirls of ABBA's "Money, Money, Money." The tune is rather revealing about the potential of the U.S. ringtone market. Consumers are enjoying an increased selection of MP3-quality ringtones, but the music industry is grappling with a host of legal complications. The new ringtone format is unprecedented, and copyright law offers little clarification on which royalties are due to whom. As a result, labels, publishers, ringtone companies and performing rights organizations are avoiding litigation, and negotiating innovative deals instead. Are private business solutions enough to resolve the ringtone …

Celebrities In The Courtroom: Legal Responses, Psychological Theory And Empirical Research, Jared Chamberlain, Monica K. Miller, Alayna Jehle

Vanderbilt Journal of Entertainment & Technology Law

This article sets out to answer a basic question about celebrities in the legal system: does celebrity status influence the outcome of a trial? Part I focuses on the legal aspects surrounding the treatment of celebrities in the courtroom. For example, there is some evidence that celebrities receive preferential treatment in court, while there is other evidence that celebrities are held to higher standards than non-celebrities. Part II examines psychological theories suggesting that status and authority influence jurors' decision-making processes. In Part III, a review of relevant past psychological research provides an empirical basis to make conclusions about celebrity influence …

The Privacy Gambit: Toward A Game Theoretic Approach To International Data Protection, Horace E. Anderson Jr.

Vanderbilt Journal of Entertainment & Technology Law

This article briefly explores several scenarios in which economic actors compete and cooperate in order to capture the value in personal information. The focus then shifts to one particular scenario: the ongoing interaction between the United States and the European Union in attempting to construct data protection regimes that serve the philosophies and citizens of each jurisdiction as well as provide a strategic economic advantage. A game theoretic model is presented to explain the course of dealings between the two actors, including both unilateral and bilateral actions. Part I ends with an exploration of opportunities for seizing competitive advantage, and …

Rider Beware: Relying On The Courts And A Nationalized Rating System To Address The Duty Of Care Owed To Amusement Park Attraction Guests, Tobias Butler

Vanderbilt Journal of Entertainment & Technology Law

This note explores the history of amusement park attraction regulation, including both the legislative and judicial treatment, and highlights the deficiencies in court approaches in light of "common carrier" law. First, is a brief history of thrill attractions in America as well as regulation of these attractions by both the legislature and judiciary. Specifically it will discuss the major approaches courts have taken in applying or refusing to apply the "common carrier" definition to these attractions. Second, it will analyze why any standard less than "utmost care" does not provide sufficient power for the courts to create a consistent standard …

"Did You Want Fries With That?" The Unanswered Question Of Federal Product Placement Regulation, Raghu Seshadri

Vanderbilt Journal of Entertainment & Technology Law

This note argues that the structure of existing FCC and FTC regulatory regimes is not effective in addressing challenges posed by certain types of product placement. Thus, a specific disclosure requirement targeting non-visual product placement is needed. Part I presents an overview of the existing federal regulatory structure governing product placement, and the current arguments for and against affirmative disclosure requirements. Parts II and III identify the various categories of product placement and argue that non-visual placement presents unique challenges that are absent in other categories of product placement. Finally, Part IV argues that the current regulatory regime is insufficient, …

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 …

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 …

Is The Ada Short-Sighted? An Analysis Of Sightline Regulations In Movie Theaters, Michael D. Driver

Vanderbilt Journal of Entertainment & Technology Law

In Part I, the history of disability law in the United States will be discussed, following the decision of Brown v. Board of Education until the passage of the ADA. The purpose and contents of the ADA will, in pertinent part, then be discussed, as will the language of the Act that caused the circuits to split and the language of the Act as it now stands. The contents of the circuit court cases from the First, Fifth, Sixth, and Ninth Circuits will be analyzed, separating the circuits into majority (First, Sixth, and Ninth Circuits) and minority (Fifth Circuit) positions. …

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 …

Alternative High Schools: What Types Of Programs Lead To The Greatest Level Of Effectiveness?, Timothy W. Gilson

Dissertations and Theses @ UNI

Based on the writings and research of Mary Anne Raywid and Gary Wehlage, this study sought to identify characteristics of effective alternative high schools in Iowa. This effectiveness was identified as both student retention and graduate completion.

The researcher-developed survey instrument was distributed to seventy alternative school directors and/or instructors within the state of Iowa. The schools identified were those classified by the Iowa High School Athletic Association as class A through 3A. With sixty-one surveys completed and returned, this study proceeded with an 87% response rate.

The following conclusions were drawn based on the results of this study: (a) …

The Revolt Revisited: A Study Of Popular 20th-Century American Small-Town Literature, Ted Ray Duitsman

Dissertations and Theses @ UNI

The subject of small towns has both attracted and made some of the greatest authors in American literature. Through stunning imagery, description, and dialogue they create realistic portrayals of this places that lay them bare for all to see. Generous treatments portray them as generally good places that uphold the myth of small towns as utopian villages. For those with more unfavorable views, however, the literature shows the dullness of the town as well as the provinciality and closed-mindedness of its people. It is unfair to categorize some of the better works into either/or arguments however, for they involve more …

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

Oklahoma Law Review

No abstract provided.

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

Oklahoma Law Review

No abstract provided.

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.

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

Oklahoma Law Review

No abstract provided.

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.

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 …

Differences In Work Expectations Held By Differing Generations Of American Workers, Jeanian Clark

OTS Master's Level Projects & Papers

To guide the study, the following questions have been developed: 1. Are there generational differences in the beliefs about what it means to work hard, take initiative, or contribute to the organization? 2. Are there differences in the expectations of a work and life balance among the four generations of employees? 3. Do differences among generational cohorts exist in the expectations about compensation and rewards? 4. Does each generation take a different approach to career development? How do these approaches differ?

A Survey Of Web Based Instruction In American High School Education, Dana C. Ross

OTS Master's Level Projects & Papers

The problem of this study was to determine the nature and progress of online education in secondary school.

Employees' Attitudes Toward Motivation Techniques And Assessment Methods In A Health Care Organization, Deborah C. Ison

OTS Master's Level Projects & Papers

The completion of this study will answer the following goals: 1. What are employee's attitudes regarding motivation techniques and assessment methods used in this organization? 2. What effects do the employee motivation techniques and assessment methods utilized in this organization have on employee satisfaction and retention? 3. What role does management play in employee motivation and retention effectiveness and how can this role be improved?

Anthropogenic Drivers Of Ecosystem Change: An Overview, Gerald C. Nelson, Elena Bennett, Asmeret A. Berhe, Kenneth G. Cassman, Ruth Defries, Thomas Dietz, Achim R. Dobermann, Andrew Dobson, Anthony Janetos, Marc Levy, Diana Marco, Nebojsa Nakicenovic, Brian O'Neill, Richard Norgaard, Gerhard Petschel-Held, Dennis Ojima, Prabhu Pingali, Robert Watson, Monika Zurek

Department of Agronomy and Horticulture: Faculty Publications

This paper provides an overview of what the Millennium Ecosystem Assessment (MA) calls “indirect and direct drivers” of change in ecosystem services at a global level. The MA definition of a driver is any natural or human-induced factor that directly or indirectly causes a change in an ecosystem. A direct driver unequivocally influences ecosystem processes. An indirect driver operates more diffusely by altering one or more direct drivers. Global driving forces are categorized as demographic, economic, sociopolitical, cultural and religious, scientific and technological, and physical and biological. Drivers in all categories other than physical and biological are considered indirect. Important …

New Testament Survey, Robby Waddell Dr.

Syllabus Repository

No abstract provided.

Old Testament Survey, Steelman Library, G White

Syllabus Repository

No abstract provided.

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, …

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.

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

Oklahoma Law Review

No abstract provided.

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

Oklahoma Law Review

No abstract provided.

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

Oklahoma Law Review

No abstract provided.

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

Oklahoma Law Review

No abstract provided.