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2006

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Is Fame Alone Sufficient To Create Priority Rights: An International Perspective On The Viability Of The Famous/Well-Known Marks Doctrine, Alexis Weissberger Jan 2006

Is Fame Alone Sufficient To Create Priority Rights: An International Perspective On The Viability Of The Famous/Well-Known Marks Doctrine, Alexis Weissberger

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 23, Iss. 3 Jan 2006

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 23, Iss. 3

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Merck V. Integra And Its Aftermath: A Safe Harbor For The Commercial Use Of Biotechnology Research Tools?, Brendan M. O'Malley Jan 2006

Merck V. Integra And Its Aftermath: A Safe Harbor For The Commercial Use Of Biotechnology Research Tools?, Brendan M. O'Malley

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Masthead - Cardozo Arts & Entertainment Law Journal, Vol. 24 (2006) Jan 2006

Masthead - Cardozo Arts & Entertainment Law Journal, Vol. 24 (2006)

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 24, Iss. 1 Jan 2006

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 24, Iss. 1

Cardozo Arts & Entertainment Law Journal

No abstract provided.


A Modest Proposal To Streamline Fair Use Determinations, David Nimmer Jan 2006

A Modest Proposal To Streamline Fair Use Determinations, David Nimmer

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Dawn Of The Death Of Distributed Denial Of Service: How To Kill Zombies, Lilian Edwards Jan 2006

Dawn Of The Death Of Distributed Denial Of Service: How To Kill Zombies, Lilian Edwards

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Sense And Nonsense In Measuring Sponsorship Confusion, Jacob Jacoby Jan 2006

Sense And Nonsense In Measuring Sponsorship Confusion, Jacob Jacoby

Cardozo Arts & Entertainment Law Journal

No abstract provided.


"We-Intention" And The Limits Of Copyright, Lior Zemer Jan 2006

"We-Intention" And The Limits Of Copyright, Lior Zemer

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Catch 1201: A Legislative History And Content Analysis Of The Dmca Exemption Proceedings, Bill D. Herman, Oscar H. Gandy Jr. Jan 2006

Catch 1201: A Legislative History And Content Analysis Of The Dmca Exemption Proceedings, Bill D. Herman, Oscar H. Gandy Jr.

Cardozo Arts & Entertainment Law Journal

17 U.S.C. § 1201(a)(1) prohibits circumventing a technological protection measure (TPM) that effectively controls access to a copyrighted work. In the name of mitigating the innocent casualties of this new ban, Congress constructed a triennial rulemaking, administered by the Register of Copyrights, to determine temporary exemptions. This paper considers the legislative history of this rulemaking, and it reports the results of a systematic content analysis of its 2000 and 2003 proceedings.

Inspired by the literature on political agendas, policymaking institutions, venue shifting, and theories of delegation, we conclude that the legislative motivations for § 1201 were laundered through international treaties, …


Your Revolution: The Federal Communications Commission, Obscenity And The Chilling Of Artistic Expression On Radio Airwaves, Nasoan Sheftel-Gomes Jan 2006

Your Revolution: The Federal Communications Commission, Obscenity And The Chilling Of Artistic Expression On Radio Airwaves, Nasoan Sheftel-Gomes

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Software Copyright Law And The Digital Millennium Copyright Act Under The Microscope: Blizzard V. Bnetd As The Lens, David Brett Kinitsky Jan 2006

Software Copyright Law And The Digital Millennium Copyright Act Under The Microscope: Blizzard V. Bnetd As The Lens, David Brett Kinitsky

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Killing With Kindness: Fatal Flaws In The $6.5 Billion Universal Service Funding Mission And What Should Be Done To Narrow The Digital Divide, Rob Frieden Jan 2006

Killing With Kindness: Fatal Flaws In The $6.5 Billion Universal Service Funding Mission And What Should Be Done To Narrow The Digital Divide, Rob Frieden

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Global Copyright, Local Speech, Michael D. Birnhack Jan 2006

Global Copyright, Local Speech, Michael D. Birnhack

Cardozo Arts & Entertainment Law Journal

No abstract provided.


A Duty To Protect The Rights Of Performers? Constitutional Foundations Of An Intellectual Property Right, Michael Gruenberger Jan 2006

A Duty To Protect The Rights Of Performers? Constitutional Foundations Of An Intellectual Property Right, Michael Gruenberger

Cardozo Arts & Entertainment Law Journal

No abstract provided.


"Thou Shalt Not Go About As A Talebearer Among Thy People": Jewish Law And The Private Facts Tort, Elie Mischel Jan 2006

"Thou Shalt Not Go About As A Talebearer Among Thy People": Jewish Law And The Private Facts Tort, Elie Mischel

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Gibson V. Prs: The Applicability Of The Initial Interest Confusion Doctrine To Trademarked Product Shapes, Paul Anthony Marchisotto Jan 2006

Gibson V. Prs: The Applicability Of The Initial Interest Confusion Doctrine To Trademarked Product Shapes, Paul Anthony Marchisotto

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Great Mall Of China: Should The United States Restrict Importation Of Chinese Cultural Property?, Inbal Baum Jan 2006

The Great Mall Of China: Should The United States Restrict Importation Of Chinese Cultural Property?, Inbal Baum

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Estrogenic Activity In The Environment: Municipal Wastewater Effluent, River, Ponds, And Wetlands, Nancy W. Shappell Jan 2006

Estrogenic Activity In The Environment: Municipal Wastewater Effluent, River, Ponds, And Wetlands, Nancy W. Shappell

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Estrogenic activity of regional water samples was evaluated. Samples obtained from wetlands and ponds involved in various agricultural land uses, from three river sites over four seasons, and from municipal wastewater effluent held in storage lagoons were evaluated. The estrogen- responsive cell line MCF-7 BOS was used in the E-screen assay to determine 17β-estradiol equivalents (E2 Eq) of water samples extracted by solid-phase extraction. Estrogenic activity in surrounding wetlands and ponds from different land uses was not different, with 10-12 M E2 Eq (0.3 ppt). Estrogenic activity of Red River samples was within the same range as wetland–pond …


Net Global Warming Potential And Greenhouse Gas Intensity In Irrigated Cropping Systems In Northeastern Colorado, Arvin R. Mosier, Ardell D. Halvorson, Curtis A. Reule, Xuejun J. Liu Jan 2006

Net Global Warming Potential And Greenhouse Gas Intensity In Irrigated Cropping Systems In Northeastern Colorado, Arvin R. Mosier, Ardell D. Halvorson, Curtis A. Reule, Xuejun J. Liu

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

The impact of management on global warming potential (GWP), crop production, and greenhouse gas intensity (GHGI) in irrigated agriculture is not well documented. A no-till (NT) cropping systems study initiated in 1999 to evaluate soil organic carbon (SOC) sequestration potential in irrigated agriculture was used in this study to make trace gas flux measurements for 3 yr to facilitate a complete greenhouse gas accounting of GWP and GHGI. Fluxes of CO2, CH4, and N2O were measured using static, vented chambers, one to three times per week, year round, from April 2002 through October 2004 …


Movements Of European Starlings Captured At A Winter Roost In Omaha, Nebraska, H. Jeffrey Homan, George M. Linz, Garrett W. Unrein, James R. Thiele, John M. Hobbs Jan 2006

Movements Of European Starlings Captured At A Winter Roost In Omaha, Nebraska, H. Jeffrey Homan, George M. Linz, Garrett W. Unrein, James R. Thiele, John M. Hobbs

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

European starlings (Sturnus vulgaris) were using downtown Omaha, Nebraska, as a winter roosting site. We used radio telemetry and leg streamers to track birds in this roost. Between late December 2005 and March 2006, we radio tagged 57 starlings and located them 432 times. We attached leg bands and colored leg streamers to over 1,300 starlings captured at trapping sites within 7 km (4 mi) of the downtown roost. These techniques yielded data on previously unknown sites where starlings gathered to forage, stage, and roost. The maximum distance that a marked bird was observed from the downtown roost …


Nutrient Uptake Of Maize Affected By Nitrogen And Potassium Fertility In A Humid Subtropical Environment, H. Arnold Bruns, M. Wayne Ebelhar Jan 2006

Nutrient Uptake Of Maize Affected By Nitrogen And Potassium Fertility In A Humid Subtropical Environment, H. Arnold Bruns, M. Wayne Ebelhar

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Nitrogen (N) and potassium (K) fertility management of maize (Zea mays L.) in the humid subtropical Mississippi Delta may differ from a temperate climate because of its use in rotation with cotton (Gossypium hirsutum L.), soil temperatures rarely falling to 0 °C, and heavy winter rains that facilitate nutrient losses. An experiment to determine the [N] (concentration = [ ]), phosphorus [P], [K], calcium [Ca], magnesium [Mg], iron [Fe], manganese [Mn], zinc [Zn], and copper [Cu] and their total contents plant-1 of maize grown in rotation with cotton, using N fertility levels of (134, 179, 224, 269, …


Effect Of Foliar Applied Plant Elicitors On Microbial And Nematode Populations In The Root Zone Of Potato, H. P. Collins, D. A. Navare, E. Riga, F. J. Pierce Jan 2006

Effect Of Foliar Applied Plant Elicitors On Microbial And Nematode Populations In The Root Zone Of Potato, H. P. Collins, D. A. Navare, E. Riga, F. J. Pierce

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Systemic acquired resistance (SAR) is a process whereby a plant that successfully
resists a pathogen becomes highly resistant to subsequent infection not only by the original pathogen but also by a wide variety of pathogens. Most SAR research has focused on resistance in leaves, so much less is known about the effectiveness of foliar applications of SAR compounds in the protection of plant roots and associated microorganisms in soil. This study was conducted to determine if foliar SAR-inducing applications (BTH or harpin) negatively impact the potato root system beneficial rhizosphere microbial populations and activity or influence pathogenic nematode populations. Foliar …


Un-Ionized Ammonia Exposure In Nile Tilapia: Toxicity, Stress Response, And Susceptibility To Streptococcus Agalactiae, Joyce J. Evans, David J. Park, Gregg C. Brill, Phillip H. Klesius Jan 2006

Un-Ionized Ammonia Exposure In Nile Tilapia: Toxicity, Stress Response, And Susceptibility To Streptococcus Agalactiae, Joyce J. Evans, David J. Park, Gregg C. Brill, Phillip H. Klesius

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

A series of experiments were conducted to determine the toxicity, behavior, blood glucose stress response, and disease susceptibility in Nile tilapia Oreochromis niloticus following un-ionized ammonia (UIA) exposure. The acute toxicity of un-ionized ammonia to Nile tilapia was measured in a 96-h static test. The median lethal concentration (LC50) was 1.46 mg/L UIA at 24 and 48 h postexposure, 1.33 mg/ L at 72 h postexposure, and 0.98 mg/L at 96 h postexposure. No mortalities were noted in unexposed (0 mg/ L) control fish or fish exposed to 0.5 mg/L UIA. However, 93–100% mortalities were observed within 24 h among …


International Shipping Of Fumonisins From Maize Extracts On C18 Sorbent, R. T. Riley, O. A. Torres, E. Palencia Jan 2006

International Shipping Of Fumonisins From Maize Extracts On C18 Sorbent, R. T. Riley, O. A. Torres, E. Palencia

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Fumonisins are mycotoxins found in maize. In developing countries, the resources required for analysis are often lacking, and the shipping of maize between countries can be difficult since the importation of plant materials requires permits/ inspection to prevent the entry of pests that frequently infest maize. A simple, safe and legal method for shipping maize extracts to the USA was needed to conduct a survey of fumonisins in Central America. The objective was to develop a method for isolating and shipping maize extracts for fumonisin analysis so as to facilitate a survey of fumonisin exposure. The results indicate that fumonisins …


Improvements In Channel Catfish Growth After Two Generations Of Selection And Comparison Of Performance Traits Among Channel Catfish, Blue Catfish, And Hybrid Catfish Fingerlings In An Aquarium Rack System, Brian C. Small Jan 2006

Improvements In Channel Catfish Growth After Two Generations Of Selection And Comparison Of Performance Traits Among Channel Catfish, Blue Catfish, And Hybrid Catfish Fingerlings In An Aquarium Rack System, Brian C. Small

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

A 9-week growth study was conducted to compare the fingerling performance of two genetic groups of channel catfish Ictalurus punctatus (United States Department of Agriculture [USDA] 103 and USDA303) with that of blue catfish I. furcatus and their hybrid in an aquarium rack system. Fish of approximately 20 g were randomly selected from multifamily populations and acclimated to the aquarium rack system for 2 weeks prior to the start of the 9-week study. Differences in growth indices, feed and protein efficiency, nitrogen retention, whole-body proximate composition, and plasma cortisol levels were determined at the completion of the study. The USDA303 …


Restoration Of Spermatogenesis And Male Fertility By Transplantation Of Dispersed Testicular Cells In The Chicken, Pavel Trefil, Alena Micáková, Jitka Mucksová, Jiń Hejnar, Martin Poplstein, Murray R. Bakst, Jirí Kalina, Jean-Pierre Brillard Jan 2006

Restoration Of Spermatogenesis And Male Fertility By Transplantation Of Dispersed Testicular Cells In The Chicken, Pavel Trefil, Alena Micáková, Jitka Mucksová, Jiń Hejnar, Martin Poplstein, Murray R. Bakst, Jirí Kalina, Jean-Pierre Brillard

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Transplantation of male germ cells into sterilized recipients has been widely used in mammals for conventional breeding and transgenesis purposes. This study presents a workable approach for germ cell transplantation between male chickens. Testicular cells from adult and prepubertal donors were dispersed and transplanted by injection directly into the testes of recipient males sterilized by repeated gamma irradiation. We describe the repopulation of the recipient seminiferous epithelium up to the production of heterologous sperm in about 50% of transplanted males. In comparison to males transplanted with testicular cell preparations from adult donors, in which the first ejaculates with sperm were …


Genetic Variation Among Canada Wildrye Accessions From Midwest Usa Remnant Prairies For Biomass Yield And Other Traits, Kenneth P. Vogel, A. A. Hopkins, K. J. Moore, K. D. Johnson, I. T. Carlson Jan 2006

Genetic Variation Among Canada Wildrye Accessions From Midwest Usa Remnant Prairies For Biomass Yield And Other Traits, Kenneth P. Vogel, A. A. Hopkins, K. J. Moore, K. D. Johnson, I. T. Carlson

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Canada wildrye (Elymus canadensis L.) and Virginia wildrye (Elymus virginicus L.), which are native to the USA, were collected from remnant Midwest prairies. The objectives of this study were to determine the genetic variability among the collected accessions for biomass yield and other traits, determine the extent of genotype 3 environment interactions for these traits across Midwest environments, and to determine the relationship between the geographical location of the collection site and evaluation sites for these accessions for plant biomass yield which can be used as a measure of adaptation. Seed collected from six Midwest states was bulked …


Revegetation Priorities, D. Terrance Booth, Kenneth P. Vogel Jan 2006

Revegetation Priorities, D. Terrance Booth, Kenneth P. Vogel

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Revegetation is a needed means of mitigating man-made and natural disturbance. Our current ability to address environmental insults contrasts sharply with that existing when John Muir first sowed the roots of environmental awareness or Aldo Leopold and Hugh H. Bennett inspired a land ethic and a sense of stewardship. We now have considerable revegetation science and experience and—equally important—viable native-seed and revegetation industries expert in repairing environmental damage. Through the National Plant Materials program, related and usually cooperative work within state universities and other entities, and the development of ecological service industries, our society has heeded Leopold’s call to take …


Registration Of ‘Bonanza’ Big Bluestem, Kenneth P. Vogel, R. B. Mitchell, Terry J. Klopfenstein, Bruce E. Anderson Jan 2006

Registration Of ‘Bonanza’ Big Bluestem, Kenneth P. Vogel, R. B. Mitchell, Terry J. Klopfenstein, Bruce E. Anderson

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

‘Bonanza’ big bluestem (Andropogon gerardii Vitman.) (Reg. no. CV-13, PI 641701) was released in May 2004 by the USDA-ARS and the Agricultural Research Division, Institute of Agriculture and Natural Resources, University of Nebraska. It is a broadly adapted perennial warm-season grass cultivar that produces forage with high in vitro dry matter digestibility (IVDMD) and improved animal gains in comparison to its parent cultivar when utilized by beef cattle in well-managed grazing systems. Bonanza was tested as Pawnee C3.