Digital Commons Network^™

Domain Names Triggering Internet Pop-Up Advertisements: A "Use In Commerce" Under The Lanham Act, Joan Obispo Arbolante

University of San Francisco Law Review

This Comment proposes that URLs used to trigger pop-up ads constitute a "use in commerce" under the Lanham Act because they are used more than as a "pure machine-linkingfunction" and are more than public keys to access websites. Accordingly, despite some federal cases precedent that involve narrow definitions of "use in commerce" - a requirement to bring a successful trademark infringement suit. This Comment suggests that these narrow holdings is that internet advertising developers can now design technology to avoid the narrow definition of "use in commerce" and thereby avoid liability for trademark infringement.

Reexamining The Yahoo! Litigations:Toward An Effects Test For Determining International Cyberspace Jurisdiction, Matthew Chivvis

University of San Francisco Law Review

This Comment argues the courts should employ an effects test when deciding international civil disputes involving solely cyberspace harms.

The Fourth Amendment Status Of Stored E-Mail: The Law Professors' Brief In Warshak V. United States, Susan Freiwald, Patricia L. Bellia

University of San Francisco Law Review

This Article examines what procedural hurdles the government must overcome in order to compel service providers to turn over digital communications. Specifcally, Warshak v. United States raises these very questions because it asks the Sixth Circuit to determine what showing a court should require of the Government, under the Stored Communications Act. This article also examines whether those statutory requirements under the SCA satisfy the Fourth Amendment to the Constitution.

Keeping Free Speech Free In The College Marketplace Of Ideas: California Legislation As An Imperfect Solution To Censorship By University Administrators, Jennifer Ross

University of San Francisco Law Review

This Comment highlights the difficult position that some private college or university students find themselves in, when it comes to suing to protect their free speech rights. As such, this Comment argues that in order for pending California legislation to go the full distance in fostering a "marketplace of ideas", the legislature should pass additional bills to protect private college students from Hosty-type administrative censorship.

The Scientific And International Context For Climate Change Initiatives, Stephanie B. Oshita Phd

University of San Francisco Law Review

This Article provides context for the examination of United States climate policy and litigation initiatives, including the current scientific understanding of climate change, international efforts to combat climate change both inside and outside of the UN framework, and suggests possible solutions to the climate change problem.

A Better Approach To Juvenile Sex Offender Registration In California, Christina Rule

University of San Francisco Law Review

This Comment argues that the legitimate goals of juvenile sex offender registration-public safety, retribution, and rehabilitation-cannot be effectively implemented or realized under California's current juvenile registration statute.

The Community Newspaper And The Rural Public School System : Relationship Of Mutual Dependence / By Alana Delise Teague, Alana Delise Teague

Electronic Theses and Dissertations

No abstract provided.

Is The Wisconsin State Constitution Obsolete? Toward A Twenty-First Century, Functionalist Assessment, Robert F. Williams

Marquette Law Review

No abstract provided.

Reconsidering The Relationship Between Cognitive Psychology And Plea Bargaining, Russell Covey

Marquette Law Review

No abstract provided.

Vol. 36, No. 1: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Metabolic Syndrome: Frequency And Gender Differences At An Out - Patient Clinic, Firdous Jahan, Riaz Qureshi, Tasneem Borhany, Hasan Bin Hamza

Department of Family Medicine

Objective: To determine the frequency of metabolic syndrome among patients attending an out-patient clinic of a teaching hospital and to compare the clinical features regarding metabolic syndrome among males and females.
Study Design: Cross-sectional study.
Place and Duration: Aga Khan University Hospital (AKUH), Executive and Family Medicine Clinics, from December 2004 to April 2005.
Patients and Methods: All adults, above 25 years, attending the clinics for an executive check-up and giving informed consent were included in the study. Data was collected through a structured questionnaire administered to those eligible to participate. Metabolic syndrome was defined according to ATP-III guidelines. …

Scalia's Raich Concurrence: A Significant Departure From Originalist Interpretation?, Julie K. Collins

Marquette Law Review

No abstract provided.

Traces Of A Libertarian Theory Of Punishment, Erik Luna

Marquette Law Review

No abstract provided.

To Begin A Conversation On Judicial Independence, Patience Drake Roggensack

Marquette Law Review

No abstract provided.

Religion And The Academy: Report On The Western Conference On British Studies Roundtable, Robert Ellison

English Faculty Research

This article is a report of a roundtable I moderated at the 2006 meeting of the Western Conference on British Studies. It proposes some directions religious studies might take in the 21st century; it is also the first publication to mention of the British Pulpit Online, an emerging digital resource for the study of the sermon from 1688-1901.

In-Situ Measurement And Characterization Of Cloud Particles Using Digital In-Line Holography, Jacob P. Fugal

Dissertations, Master's Theses and Master's Reports - Open

Satellite measurement validations, climate models, atmospheric radiative transfer models and cloud models, all depend on accurate measurements of cloud particle size distributions, number densities, spatial distributions, and other parameters relevant to cloud microphysical processes. And many airborne instruments designed to measure size distributions and concentrations of cloud particles have large uncertainties in measuring number densities and size distributions of small ice crystals. HOLODEC (Holographic Detector for Clouds) is a new instrument that does not have many of these uncertainties and makes possible measurements that other probes have never made. The advantages of HOLODEC are inherent to the holographic method.

In …

Effect Of Segmented Anodes On The Performance And Plume Of A Hall Thruster, Alexander W. Kieckhafer

Dissertations, Master's Theses and Master's Reports - Open

Development of alternative propellants for Hall thruster operation is an active area of research. Xenon is the current propellant of choice for Hall thrusters, but can be costly in large thrusters and for extended test periods. Condensible propellants may offer an alternative to xenon, as they will not require costly active pumping to remove from a test facility, and may be less expensive to purchase. A method has been developed which uses segmented electrodes in the discharge channel of a Hall thruster to divert discharge current to and from the main anode and thus control the anode temperature. By placing …

Nitrogen Oxides In The North Atlantic Troposphere: Impacts Of Boreal Wildfire And Anthropogenic Emissions, Maria Val Martin

Dissertations, Master's Theses and Master's Reports - Open

Nitrogen oxides play a crucial role in the budget of tropospheric ozone (O sub(3)) and the formation of the hydroxyl radical. Anthropogenic activities and boreal wildfires are large sources of emissions in the atmosphere. However, the influence of the transport of these emissions on nitrogen oxides and O sub(3) levels at hemispheric scales is not well understood, in particular due to a lack of nitrogen oxides measurements in remote regions. In order to address these deficiencies, measurements of NO, NO sub(2) and NO sub(y) (total reactive nitrogen oxides) were made in the lower free troposphere (FT) over the central North …

Hit And Miss: Leverage, Sacrifice, And Refusal To Deal In The Supreme Court Decision In Trinko, Nicholas Economides

Vanderbilt Journal of Entertainment & Technology Law

Under the rules of the Telecommunications Act of 1996, incumbent local exchange carriers, including Verizon, were obligated to lease parts of their local telecommunications network to any firm, at "cost plus a reasonable profit" prices, that could combine them at will, add retailing services, and sell local telecommunication service as a rival to the incumbent. AT&T, an entrant into the local telecommunications market, leased parts of Verizon's network. Curtis Trinko, a local telecommunications services customer of AT&T, sued Verizon, alleging various anti-competitive actions of Verizon against AT&T, including that Verizon raised the costs of AT&T, its downstream retail rival. The …

Form And Content : King Hu's Raining In The Mountain As Stylization And Allegory = 形式與內容 : 胡金銓《空山靈雨》的風格化及諷喻, Yun Tong, Thomas Luk

Journal of Modern Literature in Chinese 現代中文文學學報

No abstract provided.

Dynamic House Prices And Trading Volumes Across Quality Tiers And Upward Mobility, Lok Sang Ho, Yue Ma, Donald R. Haurin

Centre for Public Policy Studies : CPPS Working Paper Series

We argue that shocks to a housing market are transmitted through the hierarchy of quality tiers within a housing market. The result is the prediction of waves of house price changes accompanied by changes in transaction volume. Our study is related to existing models of spatial ripple effects across housing markets. The data are from the Hong Kong housing market. The findings from Granger causality tests strongly support the argument that ripple or domino effects within a single housing market occur in response to external shocks.

Flow, Flow Shear, And Related Profiles In Helicon Plasmas, E. Scime, R. Hardin, C. Biloiu, A. M. Keesee, X. Sun

Faculty & Staff Scholarship

No abstract provided.

The Early Economic Writings Of William Thomas Thornton, Mark Donoghue

Business Papers and Journal Articles

The aim of this article is to evaluate Thornton’s early contributions to the great public debates of the mid-Victorian period. Specifically, it reveals his methods for resolving pressing public concerns of the day through the application of the postulates of classical economics. It also highlights the divergence of his conclusions from the orthodox formulations prescribed by some leading classical writers. The remainder of the article is organized as follows.

The first section covers briefly Thornton’s views on the causes of and remedies for overpopulation and poverty in rural Britain.

Sections 2 and 3 discuss his views, respectively, on the Old …

Mastery Learning And The Essentials Of Critical Care Orientation : A Heuristic Participant Evaluation, Mitchell J. Seal

University of the Pacific Theses and Dissertations

This study employed a heuristic -participant evaluation of the instruction of the web-based Essentials of Critical Care Orientation (ECCO) program using two research questions: (1) How well does the ECCO adhere to Bloom's theory of mastery learning and instruction; and (2) What effect, if any, does this have on the participant RN? Evaluation findings demonstrated that the ECCO is 66 hours of expository instruction with little to no meaningful feedback, correction, or enrichment activity, is not well aligned, and has significant design flaws related to objectives and transfer of instruction and to the processes of instruction. This results in the …

Anti-Fraternization Policies In Community Corrections: A Tool To Address Staff Sexual Misconduct In Community Correction Agencies, Brenda V. Smith, Nairi M. Simonian

Project on Addressing Prison Rape - Articles

This article outlines the different constitutional standards that courts apply when analyzing agency restrictions on relationships between ex-offenders and community corrections staff. The article concludes with recommendations about how agencies might develop constitutional policies in this area.

Using A Tuning Protocol: A Journey Of Creating And Sustaining Professional Conversations Among Teacher Educators, Foster Walsh

Northwest Journal of Teacher Education

This article reports on the challenges of creating and sustaining on-going conversations about faculty teaching practices encountered by one Department of Teacher Education. The research indicates that higher education is experimenting with many forms of collegial discourse, yet remains instructionally isolated. This three-year journey includes gathering faculty support for increased talk about teaching, overcoming time constraints to meet together and experimenting with two discourse formats to increase conversation. A non-evaluative peer observation process was found to be helpful but not sustainable. Using a modified turning protocol produced three benefits: 1) kept the group on task, 2) stimulated collective inquiry, and …

Does Verbal Communication Impairment Affect Quality Of Life In Amyotrophic Lateral Sclerosis Patients?, Jason Michael Duff

PCOM Psychology Dissertations

The purpose of this study was to examine the self-perceived QOL in ALS patients. Literature will be presented on the incidence, prevalence, prognosis, diagnosis and management of ALS, QOL studies for ALS, the role of the multidisciplinary team, the impairments and dysfunction that ALS patients experience, communication issues, and the development of ALS specific instruments to measure QOL. The "bulbar dysfunction" that ALS patients experience in salivation management, speech, and swallowing were examined in detail. The objectives of this research study were to investigate the following hypotheses: 1. QOL will differ among ALS patients with varying levels of speech, swallowing, …

Demonstrating Experiential Learning At The Graduate Level Using Portfolio Development And Reflection, David Winslow Rausch

Dissertations

Problem. Various guidelines for assessment have been developed in an effort to promote academic quality and integrity for educational programs that recognize experiential learning. The purpose of this present study was to determine the extent to which experiential learning and assessment, through portfolio development, help adult students in a graduate-degree program demonstrate graduate-level learning and competency.

Method. This qualitative single-case study used the assessment processes and outcomes elements of the Jackson and Maclsaac process model to analyze the use of reflective practice and the use of portfolios in a graduate education program. Data were triangulated using individual interviews and the …

Lessons From The Right: Progressive Constitutionalism For The Twenty-First Century, Dawn E. Johnsen

Articles by Maurer Faculty

No abstract provided.

"We Can't Tell Them Apart": When And How The Court Should Educate Jurors On The Potential Inaccuracies Of Cross-Racial Identifications, Aaron H. Chiu

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.