Digital Commons Network^™

American Moral Rights And Fixing The Dastar "Gap", Justin Hughes

Utah Law Review

If you adhere to a pure economic incentive view of American copyright law, then it may be a waste of judicial resources to "require[e] that courts adjudicate disputes relating to attribution in cases where attribution offers no market benefits -that is, it may be a waste of time to fix a relatively small problem with no economic import. On the other hand, if you believe that attribution and recognition are quite important to authors regardless of the economic benefits, then-while still respecting the public domain spirit of the Court's decision-the Dastar gap would be an easy thing to fix.

Special Masters In Child-Custody Proceedings, Allison Glade Behjani

Utah Law Review

Child-custody proceedings are an intricate, dramatic, and multi-faceted area of the family law system.! To determine custody, courts invade the privacy of the family to make decisions that will affect the rest of a child's life. There are many players in the system, all of whom strive for the best outcome in such highly emotional decisions.

Dishonest Debtors And Dischargeable Debts In Bankruptcy, Joanna L. Radmall

Utah Law Review

In some circuits, fraudulent debtors in bankruptcy may have their debts discharged--even debts obtained by actual fraud, false misrepresentations, or false pretenses. In other circuits, courts are less forgiving of such debtors and instead protect the creditors that the debtor defrauded or misled. The source of this circuit conflict is a debt dischargeability exception that applies to individuals in bankruptcy.

Treating Crime Victims Fairly: Integrating Victims Into The Federal Rules Of Criminal Procedure, Paul G. Cassell

Utah Law Review

Federal courts should treat crime victims fairly in the criminal process. In a nod to that goal, the Advisory Committee on the Federal Rules of Criminal Procedure (Advisory Committee) has circulated for public comment proposed amendments to the Federal Rules of Criminal Procedure (the Rules) regarding crime victims' rights. These amendments attempt to implement the recentlyenacted Crime Victims' Rights Act (CVRA),l which guarantees crime victims a series of rights, including the right to be treated fairly. Unfortunately, the proposed amendments are mere tentative, half measures that do not begin to fully protect crime victims.

Utah's Trademark Protection Act: Overreaching Unconstitutional Protectionism Or Decisive Clarifying Legislation?, Matthew Nelson

Utah Law Review

The Utah Trademark Protection Act places an undue burden on interstate commerce and the courts should find it unconstitutional under the dormant Commerce Clause using the Pike balancing test. Apart from the constitutional problems, the Act is bad policy for Utah businesses and Utah consumers. Although the unpredictability that currently exists in the courts makes it difficult for Internet advertisers and advertising sellers to mitigate risks and set efficient policy, these risks are far outweighed by costs to consumers and business. The Act sacrifices fair use, comparative advertising, and noncommercial use to gain certainty. These trademark functions are more important …

An Evaluation Of Multivariate Statistical Techniques For The Analysis Of Yield From Barley (Hordeum Vulgare L.) Breeding Trials Data, Ahmed Abdullah

School of Biological and Marine Sciences Theses

This project involved two locations (Breda and Tel Hadya) over two seasons (1993 and 1994). Yield was found to have been affected by many factors including environment, genotype and morphological characters. A genotype-environment interaction (GEl) was also discovered. To investigate the influence of morphological characters on yield parameters, multivariate statistical techniques (canonical analysis, factor analysis and multiple regression analysis (linear and exponential)) were used. Multivariate statistical techniques were applied to three hybrids (Hybrid 1, 2 and 3) in replicated field plots at two locations (Breda and Tel Hadya) in two seasons. Canonical analysis and factor analysis revealed a significant relationship …

Effect-Directed Analysis Of Toxicants In Unresolved Complex Mixtures (Ucms) Of Hydrocarbons From Biodegraded Crude Oils, Alan George Scarlett

School of Biological and Marine Sciences Theses

Contamination of the environment by petrogenic hydrocarbons continues to pose a threat to marine biota. Studies into the effects of hydrocarbon contamination have mainly been directed at a small number of polycyclic aromatic hydrocarbons (PAHs) that are known to be highly toxic to a wide range of biota. The majority of the hydrocarbons present in sediments and tissues are unresolved by conventional gas chromatography and have received little attention. Studies directed at these unresolved complex mixtures (UCMs) of hydrocarbons have previously identified the monoaromatic fraction as containing toxic UCM compounds. The studies reported herein have explored the toxicity of UCM …

Epidemiology Of Human And Bovine Tuberculosis In The Federal Capital Territory And Kaduna State Of Nigeria, Aishatu Abubakar

School of Biological and Marine Sciences Theses

The epidemiology of bovine and human tuberculosis (TB) was studied in the Federal Capital Territory and Kaduna state of Nigeria using four diagnostic methods; tuberculin test, culture and acid-fast stain of milk, animal (cattle) tissue and human sputum. Two PCR-based molecular techniques (Spoligotyping and Variable Number Tandem Repeat) were used to identify the species and strains of the isolates, while IS61 10-RFLP molecular method was optimised and applied on few samples to deten-nine the efficacy of the method. Of the 967 lactating cows from 57 herds tested for TB, 14.6%, 4% and 81.4% were positive, inconclusive and negative reactors respectively. …

Nutritional Evaluation Of Animal By-Products For The Partial Replacement Of Fishmeal In Diets For Gilthead Sea Bream (Sparus Aurata L.), Jerome Laporte

School of Biological and Marine Sciences Theses

As well as reducing the level of protein in feeds, the strategy of replacing fishmeal with alternative protein sources may be an effective approach towards reducing costs and offering more sustainable feeds for aquaculture. Within the framework of this study, four trials were conducted to evaluate the nutritional potential of selected animal by-products, namely: Poultry Meat Meal (PMM), steam Hydrolysed Feather Meal (HFM), Enzyme treated Feather Meal (EFM) and Spray Dried Haemoglobin (SDH), as pat1ial substitutes for fishmeal in the diet of gilthead sea bream. The research strategy employed followed a two phase scheme which consisted of determining ingredient restrictions …

Maine Law Magazine - Issue No. 86, University Of Maine School Of Law

Maine Law Magazine

Contents

• News Briefs
• Feature: Life, Work, Balance
• Feature: Bankruptcy
• Around Campus
• Faculty Notes
• Giving Back
• Alumni Feature

Dean Robert William Piatt Dedication., N/A N/A

St. Mary's Law Journal

Abstract Forthcoming.

Driving Down The Wrong Road: The Fifth Circuit's Definition Of Unauthorized Use Of A Motor Vehicle As A Crime Of Violence In The Immigration Context., Heather Harrison Volik

St. Mary's Law Journal

Individuals who are not United States citizens and participate in violent or severe criminal activity are likely to be deported and become inadmissible for life. But noncitizens can also be deported for minor criminal activity which does not cause harm or serious damage. In such cases, deportation is an extreme punishment out of proportion to the offense. Unauthorized use of a motor vehicle (UUMV) is an example of a crime which can be committed without serious harm or damage. The Fifth Circuit regularly sustains decisions of lifetime reentry ban for noncitizens convicted of UUMV. Under immigration law, “aliens” who are …

Automatic Tolling Of The Voluntary Departure Period - A Circuit Split Recent Development., Katherine A. Tapley

St. Mary's Law Journal

Abstract Forthcoming.

What We Owe The World Are Thoughtful War-Crimes Trials That Do Justice Without Unduly Jeopardizing Innocent Lives By Compromising Vital Intelligence Comment., Sherry M. Barnash

St. Mary's Law Journal

In Hamdan v. Rumsfeld, the United States Supreme Court held the military commission convened to try accused terrorist Salim Ahmen Hamdan was unlawful. The Court concluded the Government could not lawfully proceed using established commission rules because the commission differed from courts-martial and did not follow certain aspects of the Geneva Convention. One procedure the Court found troubling was a provision in the Military Commission Order No. 1 which allowed the exclusion of the defendant and his civilian counsel from certain proceedings. Yet, denial of access was nothing new, as three decades prior Congress enacted the Classified Information Procedures Act …

The Evolving Standard For Granting Mandamus Relief In The Texas Supreme Court: One More Mile Market Down The Road Of No Return., Richard E. Flint

St. Mary's Law Journal

The Prudential balancing test should be of concern for anyone interested in the rule of law. This test is the current binding precedent for determining when an appellate court should exercise its mandamus authority upon a finding of a clear abuse of discretion. This test has substantially altered one of the most time honored principles of mandamus jurisprudence, and replaced it with a newly articulated standard that leads to nothing short of ad hoc decision making. In the area of mandamus jurisprudence, the Texas Supreme Court has, from time to time, developed different ways to circumvent the common law history …

Practice What You Preach : A Look At Retention Research And Classroom Practice, Angela R. Carpenter

Graduate Research Papers

This literature review examines the subject of grade level retention. A comprehensive overview of the history, trends, and current practices involving retention will provide the background to the research base. Looking at the common reasons students are retained and the short and long-term effects of retention decisions will help answer the question of whether retention research guides school practice. Alternative solutions that can be implemented in lieu of grade level retention or social promotion practices will also be addressed. The majority of grade level retention and social promotion researchers found the practices of retention and social promotion to be unfavorable. …

Comparison Of Instrumental Methods For Measuring Seed Hardness Of Food-Grade Soybean, Mioko Tamura, Bo Zhang, Joyce Berger-Doyle, Pengyin Chen

Discovery, The Student Journal of Dale Bumpers College of Agricultural, Food and Life Sciences

Seed hardness is an important factor in determining soybean suitability for natto production. There is no established methodology for testing seed texture of soybeans. The objective of this study was to develop an efficient method by examining different instruments and seed parameters that could be potentially used for testing soybean seed hardness. Five food-grade soybean genotypes with different seed sizes were used to determine seed hardness and water-absorption capacity. Water absorption capacity was expressed by swell ratios for seed weight, seed dimension, and volume of water changes before and after soaking. Seed hardness test was conducted by a one-bite method …

Reading Comprehension : What Strategies Make A Difference?, Jill Helgerson

Graduate Research Papers

A literature review was conducted on comprehension strategies. The comprehension strategies that are being reviewed were chosen based on past research of reading comprehension.This literature review will explore six comprehension strategies that have been found to improve students' comprehension abilities.

Building Relationships To Support Self-Regulation, Sherice Hetrick-Ortman

Graduate Research Papers

Discouraged students come to school unable to learn. Emotional and social factors affect their intrapersonal and interpersonal awareness and place them at high risk for school failure. This paper discusses the application of strategies influenced by; sociomoral atmosphere, trust development, self regulation, emotional intelligence, attachment theory, and cultural awareness.

The research addresses the question: Will emotionally discouraged children be able to regulate their emotions through positive relationship building with the classroom teacher? The results contribute to our knowledge of how to support children's ability to regulate themselves in the absence of external devices.

Investigating The Impact Of Data-Driven Decision Making On Elementary Curriculum And Its Implications For Teaching And Learning, Sara A. Hofer

Graduate Research Papers

Accountability is the new word of importance in the field of education. National attention to schools has caused states and districts to re-evaluate the business of educating children. This review will investigate the many facets that support data-driven decision making in current educational practices. The research will describe the relatively short history of nationally mandated legislation for the use of data to drive instruction and entitlement of services. Then, this paper will report the implications of implementing data collecting and synthesis systems in individual buildings to maintain both student successes in the classroom while fulfilling demands of national reporting requirements. …

Comparison Of The Antibacterial Effects Of Two Local Anesthetics: Lidocaine And Articaine, Kadi̇r Kaya, Seyyal Rota, Bora Doğan, Gi̇zem Kökten, Berri̇n Günaydin, Gülendam Bozdayi

Turkish Journal of Medical Sciences

Aim: The antibacterial effect of lidocaine has been studied widely, but the effect of articaine has not yet been evaluated. We aimed to investigate whether commercially available articaine possesses bactericidal or bacteriostatic effect in comparison with lidocaine in a prospective laboratory setting. Materials and Methods: The antibacterial effects of articaine and lidocaine were studied on Pseudomonas aeruginosa ATCC27853, Staphylococcus aureus ATCC25923, Escherichia coli ATCC35218, and Proteus mirabilis ATCC7002 strains and a patient isolate of Serratia marcescens. For this study, 2% lidocaine HCl and articaine HCl were diluted to 10, 5, 2.5, 1.25, 0.625, 0.312, 0.156, and 0.078 mg ml^{-1} concentrations …

An Evaluation Of The Relationship Between Physical Fitness Measures And Academic Achievement, George Victor Harnick

Graduate Research Papers

Over the past several years, physical education has often been forced aside in the wake of increased emphasis on improvements to academic performance in the core areas of study such as science, math, and reading. This stems from the implementation of the Title II Elementary and Secondary Education Act (a.k.a. No Child Left Behind Act of 2001) and the expectation that all students in schools funded by the federal government will be "proficient" in these core subjects by the year 2014 (United States Department of Education, 2007). With this law in effect, many school districts are being forced to increase …

Nbpts Portfolio Option, Cindy L. Borske

Graduate Research Papers

My lesson that I have taught provides evidence of active scientific inquiry. Students are observing phenomena; formulating working hypotheses; gathering, recording and analyzing data; and expressing the significance of their findings. My learning goals for this lesson are for students to:

1. develop an understanding of the interdependence of organisms and population growth, and

2. demonstrate the ability to solve complex problems to enhance students' analytical and problem solving skills.

National Board Of Teaching Standards Portfolio Option, Karen Koenig

Graduate Research Papers

The entries that I used for this portfolio are entries one, two, and four. Entry one is Designing Science Instruction. In this entry, I demonstrate how I link instructional activities together to promote students' understanding of an important scientific concept along with the development of one or more related process goals. The students chosen represented different types of challenges for me. I included three instructional activities, related instructional materials, two student responses to each activity, and a written commentary.

National Board Of Professional Teaching Standards (Nbpts) Portfolio Option, Dawn Marie Posekany

Graduate Research Papers

Our school is a small community that lies between two major cities in a Midwest state. Many of the parents of our students work in the science, math, technology, health, or medical fields in these larger cities. Our location often results in students "open enrolling" into our district. One of the challenges for our school is cultural diversity. Our population includes only three non-Caucasian students. My colleagues and I must work hard at extending our classrooms outside the walls to explore diversity. Of our 375 students in the high school, sixteen receive free or reduced cost lunch.

Effect Of World Music Drumming On Auditory And Visual Attention Skills Of Adhd Elementary Students, Shannon Michael Chacona

Graduate Student Dissertations, Theses, Capstones, and Portfolios

ADHD is the most widespread childhood disorder in the United States today, affecting approximately 2 million children. Attention disorders, occurring in 5% to 10% of children are usually referred because of hyperactivity. Yet, only half of children with attention disorders are hyperactive. Research indicated between the years 1993 and 2003; the number of ADHD-related doctor visits grew from 3.2 million to 7.4 million. This increase led to a rise in stimulant medications prescribed by physicians. Despite evidence of some improvement in symptoms of ADHD following medication treatment, many are still concerned about the possible side effects that may arise due …

Why Students In The Hispanic Culture Dropout Of School?, Lori A. Schoenauer

Graduate Research Papers

Many Hispanic students, almost 1/3, dropout of high school, and it is important to understand the factors leading to this extremely high dropout rate (Munk, 2004). While only 9% of white and 12% of black students dropout of high school, the number of Hispanic dropouts is on the rise. The increase in Hispanic dropouts is not fully understood; however, research has shown that factors such as the parent's education, involvement, low expectations, school attitude, limited English skills, limited school funding, and cultural differences contribute to Hispanic dropout.

The paper is organized into five different chapters. The first chapter discussed the …

The Effects Of Using Music And Movement To Enhance Learning, Lisa L. Snitker

Graduate Research Papers

This paper reviews the effects of using music and movement to enhance learning in early childhood years and in the elementary classroom. Information includes Howard Gardner's musical and bodily-kinesthetic intelligences, the effects of music on brain development in infants and children, studies in the effects of music on spatial-temporal reasoning, how music affects learning in the early childhood and primary years, and the effects of music on special learners. Appropriate for parents, caregivers, and educators, this review provides the basis for incorporating music into everyday early childhood and classroom experiences.

A Reflective Administrator To Lead In Learning : A Reflective Essay, Garrick Teckenburg

Graduate Research Papers

Like most educators today, a former teacher inspired me. This teacher taught a subject I thought was boring and turned it into something interesting and meaningful. He made me realize the power that an educator can have on an individual. His approach to education in the classroom changed the way I viewed education and its importance. Each person in his class could feel comfortable contributing and participating in the classroom setting. He had a way of connecting with students on an individual level regardless of their personality differences. I became an educator so that I could have a positive influence …

Attention-Deficit/Hyperactivity Disorder In Children, Jessica A. Weber

Graduate Research Papers

In the past ten years, many people have become aware of Attention Deficit Hyperactivity Disorder (ADHD). This sudden increase in awareness has been good, since more children with ADHD are now being properly diagnosed and treated. Furthermore, classroom teachers and parents are beginning to understand this disorder and how to manage it. Fewer parents feel the issues their children are having are their fault because they did not have a "good" parenting style (Phelan, 2000). The purpose of this paper is to continue to increase awareness about ADHD, the effects it has on children, and the treatments and interventions used …