Digital Commons Network^™

Superstition Highway, Marshall Weber, Special Collections, Fleet Library

Artists' Books

case bound with cloth spine, paper covered boards, hand painted; cover; interior spreads. Reading almost like a drug-induced trip, Marshall Weber writes of a tough patch of road somewhere in the desert West where strange folk appear. Images and text all hand painted by Fred Rinne.

Bioarchaeology At Grand Bay And Tyrell Bay, Two Contemporary Amerindian Sites On Carriacou Island, Grenada, West Indies, Ryan R. Reeves

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

My Own Private Library: The Personal Libraries Of Librarians, Joellen Broome

University Libraries: Faculty Publications

Excerpt: In most of the rooms of our unpretentious suburban home there are bookshelves lining the walls to hold a few thousand books. Are these treasures bound in fine leather or enshrined on hardwood shelves? Good heavens, no!

Aadej Comm 37 3&4 2006

AADEJ - The Communicator

The Communicator is the official journal of the American Association of Dental Editors and Journalists (AADEJ). It is published quarterly, distributed digitally via email to members, and posted on the Association's website, AADEJ.org. Each issue includes regular updates from the editorial team and AADEJ board, as well as feature articles on current issues in the field.

This is a combined issue for 2006, issue 3 and 4.

2006-2007 Graduate Catalog, Morehead State University

Morehead State Catalog Archive

2006-2007 graduate catalog for Morehead State University.

Using Citation Data To Improve Retrieval From Medline, Elmer V Bernstam, Jorge R Herskovic, Yindalon Aphinyanaphongs, Constantin F Aliferis, Madurai G Sriram, William R Hersh

Faculty, Staff and Student Publications

OBJECTIVE: To determine whether algorithms developed for the World Wide Web can be applied to the biomedical literature in order to identify articles that are important as well as relevant. DESIGN AND MEASUREMENTS A direct comparison of eight algorithms: simple PubMed queries, clinical queries (sensitive and specific versions), vector cosine comparison, citation count, journal impact factor, PageRank, and machine learning based on polynomial support vector machines. The objective was to prioritize important articles, defined as being included in a pre-existing bibliography of important literature in surgical oncology. RESULTS Citation-based algorithms were more effective than noncitation-based algorithms at identifying important articles. …

Connecting Care And Challenge: Tapping Our Human Potential - Inclusive Education: A Review Of Programming And Services In New Brunswick, A. Wayne Mackay

Reports & Public Policy Documents

Due to the short time frame for this Review, this cannot be considered an exhaustive report. There is however quite a massive volume of information and sources introduced here touching on the particulars required by the Terms of Reference.

In section I we present legal considerations that have an impact on education in various ways, all of which are related to inclusion and the application of equality rights in Canada. Those considerations include accommodation of students with disabilities, the student-teacher relationship, discipline, safe-schools, and a framework for analysis: the new 3 R’s in education: Rights, Responsibilities and Relationships. Included are …

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 …

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, …

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 …

Spam Vs. Ms. Piggy: An Entertainment Law Cautionary Tale, Candi Henry

Vanderbilt Journal of Entertainment & Technology Law

In terms of blockbusters, 1996 was a good year for film. Action-packed movies like Twister, Independence Day, and Mission Impossible competed for ticket sales with popular comedies Jerry Maguire, The First Wives Club, and The Birdcage. The critical favorite, The English Patient, also made a strong showing. Together, those films grossed almost $1.2 billion in domestic ticket sales alone, yet it was the modestly-performing family flick, Muppet Treasure Island that arguably made the biggest impact in entertainment law that year. That impact was not, however, the result of a landmark ruling. Rather, Hormel Foods Corporation v. Jim Henson Productions serves …

Not All Copyright Infringers Are Created Equal: Why Federal Income Tax Is A Proper Deductible Expense For Non-Willful Copyright Infringers, Christine Ballard

Vanderbilt Journal of Entertainment & Technology Law

Case law is sparse on the issue of tax deductibility for non-willful infringers and, as such, cases representing copyright, patent, and trademark infringement have been used interchangeably in an attempt to develop a rule. It is necessary to point out, however, that there are different standards for obtaining and protecting these three different types of intellectual property. As such, this Note will first analyze the remedies available for copyrights, patents, and trademarks to determine whether different standards should apply regarding the deductibility of taxes from gross infringing revenue when determining actual damage awards. Next, this Note analyzes arguments that have …

Frozen In Time? New Technologies, Fixation, And The Derivative Work Right, Patrick W. Ogilvy

Vanderbilt Journal of Entertainment & Technology Law

This note will explore the adequacy of the scope of the derivative work right as it applies to new technologies and discuss how that right should be expanded to compensate for technological developments not foreseen when the current Copyright Act was enacted in 1976. The note will also provide a recommendation that could resolve all of the issues raised throughout. Part I provides a more detailed background of the jump-and-skip technology being used as an example to represent all referencing works. Part II first discusses and analyzes the present state of the derivative work right. It then addresses the purposes …

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 …

The "Public Use" Of Private Sports Stadiums: Kelo Hits A Homerun For Private Developers, Cristin F. Hartzog

Vanderbilt Journal of Entertainment & Technology Law

Part I of this note briefly discusses the principle of eminent domain and the evolution of the Supreme Court's interpretation of the Takings Clause. Part II analyzes the application of the Court's interpretations of the "public use" requirement of the Takings Clause on the issue of whether it is proper for a state to exercise its power of eminent domain pursuant to a stadium development project. Finally, Part III offers a solution to the conflict between property owners' interests in keeping their land and cities' interests in creating economic growth.

Warring Ideologies For Regulating Military Blogs: A Cyberlaw Approach For Balancing Free Speech And Security In Cyberspace, Julia E. Mitchell

Vanderbilt Journal of Entertainment & Technology Law

Part I of this note provides an overview of the use of media during war. It also reviews case law relating to the military's limited right to freedom of speech under the First Amendment. Part II analyzes the problems of regulating milblogs in terms of societal costs and the technological challenges of regulating behavior on the Internet. This note argues that the military's "unexceptionalist" approach toward regulation, wherein it applies the traditional principles embodied in the UCMJ to milblog regulation, undermines its goal of maintaining operational security and impedes the free flow of ideas. Finally, Part II introduces an "exceptionalist" …

Porn In Their Words: Female Leaders In The Adult Entertainment Industry Address Free Speech, Censorship, Feminism, Culture And The Mainstreaming Of Adult Content, Clay Calvert, Robert D. Richards

Vanderbilt Journal of Entertainment & Technology Law

Part I provides brief biographical information about each of the five women interviewed for this article. Part II then describes the interview and editing processes used by the authors, including details about when and where the interviews took place and the transcription process of the tapes used to record them. Next, Part III--the heart of the article--sets forth the views, opinions and comments of each of the five women, divided into three theme-based sections: 1) free speech and censorship of sexual content; 2) feminism and victimization; and 3) mainstreaming of adult entertainment and shifts of cultural mores. Finally, Part IV …

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 …

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 …

Cracks In The Great Wall: Why China's Copyright Law Has Failed To Prevent Piracy Of American Movies Within Its Borders, Jordana Cornish

Vanderbilt Journal of Entertainment & Technology Law

This note examines the current state of China's intellectual property rights protection as it relates to movie piracy. Part I examines the different types of film piracy occurring in China and the current severity of the problem for the United States motion picture industry. Part II traces the history of copyright law in China and examines China's commitments under the international copyright treaties it has signed with the United States and other nations through its recent accession to the WTO. Part III discusses why movie piracy in China is still on the rise despite these commitments and highlights why cultural, …

A Need For Heightened Scrutiny: Aligning The Ncaa Transfer Rule With Its Rationales, Jonathan Jenkins

Vanderbilt Journal of Entertainment & Technology Law

This note will explore the traditional rationales offered by the NCAA in implementing the Transfer Rule and suggests that these rationales are not served by the current Rule. Part I frames the environment in which the Transfer Rule exists by tracing the history of the NCAA. Part II explores the traditional rationales offered for justifying the Transfer Rule. In McHale v. Cornell University, the NCAA suggested that the purposes of the Transfer Rule are "(1) to prevent transfers solely for athletic reasons, (2) to avoid exploitation of student-athletes, and (3) to allow transfer students time to adjust to their new …

Genomic Analysis Of Human Neuroblastoma Cells In Response To Paraoxon Exposure, Matthew D. Thullbery

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Role Of Moulins In The Late Summer Subglacial Hydrology: Bench Glacier Alaska, Jonathan Reeve

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Riparian Grazing In The Northern Intermountain Region: Impacts And Strategies For Management, Jon P. Oestreich

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Discovery Of Self Through Creative Exploration, Stephanie Jo Pointer

Graduate Student Theses, Dissertations, & Professional Papers

Within these pages lie reflections and descriptions of a voyage into unknown territory. A voyage, which has ended, yet is just beginning. Here for your consideration follows a documentation of an artistic process. Humbly, I put before you a modest attempt at presenting a number of personal discoveries made within the last four years. First I had chosen to participate in a program of Integrated Arts, the Creative Pulse. My participation in the Artist-Forest-Community Residency in the Helena National Forest the week before I began the program initiated a desire to present my artwork and become a better teacher. Expanding …

Grampa Killed Snakes And Indians| Nature And The Economy Of Westering In John Steinbeck's "The Grapes Of Wrath", Jill R. Demers

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Incorporating Forest Road Erosion Into A Resource Transportation Planning Model For The Mica Creek Watershed, Idaho, Jennifer E. Rackley

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Understanding Maternal Intentions To Engage In Home Visiting Programs, Karen Mccurdy, Deborah Daro, Elizabeth Anisfeld, Aphra Katzev, Ann Keim, Craig Lecroy, Courtney Mcafee, Carnot Nelson, Lydia Falconnier, William M. Mcguigan, Jennifer K. Park, James Sandy, Carolyn Winje

Human Development and Family Science Faculty Publications

Little is known as to why some parents choose to engage in voluntary home visitation services while others refuse or avoid services. To address this knowledge gap, this study tests several hypotheses about the factors that influence maternal intentions to engage in home visitation services and the link between these intentions and the receipt of a home visit. The sample consists of an ethnically diverse group of mothers identified as at-risk for parenting difficulties (N = 343). These mothers were offered home visitation services from nine home visiting programs located across six states. Regardless of service acceptance or refusal, …

Some Middle-Age Spread, A Few Mood Swings, And Growing Exhaustion: The Human Rights Movement At Middle Age, Penelope Andrews

Articles & Chapters

This paper was presented at a symposium, "The Scholar as Activist", dedicated to the work of Nadine Strossen, President of the ACLU. This paper focuses on the subject of international human rights law and the engagement of scholars as activists in this area of law. At fifty-plus years, and therefore soundly middle aged, the global human rights project today provides occasion for reflection and evaluation. This paper observes that human rights have increasingly become the language of progressive politics. In many ways, this focus on human rights globally echoes the struggle for civil liberties and civil rights in the United …