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2008

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Sunshine In Indian Country: A Pro-Foia View Of Klamath Water Users, Sean Hill Jan 2008

Sunshine In Indian Country: A Pro-Foia View Of Klamath Water Users, Sean Hill

American Indian Law Review

No abstract provided.


A Retrospective Of Hindu-Christian Studies: Establishment Of The Journal And Formation Of The Society, Harold Coward Jan 2008

A Retrospective Of Hindu-Christian Studies: Establishment Of The Journal And Formation Of The Society, Harold Coward

Journal of Hindu-Christian Studies

A retrospective look at "How We Do Hindu-Christian Studies" can be had by going through the issues of our journal from 1988 to the present. In the first issue of the journal the approach was described as follows: "Materials selected for publication will be balanced between historical research and contemporary practice, and, where possible, should employ analytical and theoretical analysis set within the context of our shared human experience." The issue contained two articles illustrating this approach: an overview of Hindu-Christian dialogue in India in the 1970s and 1980s by Anand Amaladass, and an assessment of the various approaches to …


Missionary Views Of Hinduism, Catherine Cornille Jan 2008

Missionary Views Of Hinduism, Catherine Cornille

Journal of Hindu-Christian Studies

Since the beginning of the modern missionary movement, Christian missionary views of Hinduism have changed significantly, partly as a result of linguistic developments (to which some missionaries contributed in important ways) and partly as a result of theological shifts (themselves also at times inspired by missionary insights and experiences). The views of an eighteenth century Christian missionary thus differ radically from those of missionaries able to profit from the translation efforts of nineteenth and twentieth century scholarship, and the views of a contemporary Roman Catholic missionary may bear little resemblance to that of an Evangelical Protestant.


In Memoriam: Selva J. Raj (1952-2008), Corinne Dempsey Jan 2008

In Memoriam: Selva J. Raj (1952-2008), Corinne Dempsey

Journal of Hindu-Christian Studies

Selva J. Raj was a man dedicated to life and work in all its breathtaking complexity. At the time of his untimely death of a heart attack on March 14th, he was the Stanley S. Kresge Endowed Professor and Chair of the Religious Studies Department at Albion College. In addition to tirelessly serving on a lengthy list of campus-wide, national, and international committees and boards, Selva was co-chair of the Comparative Studies in Religion Section of the AAR since 2001; he rekindled the Conference on the Study of Religions of India in 2004 and served as its annual organizer; he …


Walking The Talk: Privilege And Race In A 9th Grade Classroom During A Native American Unit, Kel Sassi Jan 2008

Walking The Talk: Privilege And Race In A 9th Grade Classroom During A Native American Unit, Kel Sassi

Journal Articles

No abstract provided.


Fin 48: The Impact On Staffing, Internal Control Processes And Expertise Of Privately-Held Companies, Reed C. Kirschling, Michael D. Akers Jan 2008

Fin 48: The Impact On Staffing, Internal Control Processes And Expertise Of Privately-Held Companies, Reed C. Kirschling, Michael D. Akers

Accounting Faculty Research and Publications

While FASB Interpretation 48 (FIN 48), Accounting for Uncertainty in Income Taxes-An Interpretation of Statement of Financial Accounting Standards (SFAS) 109, Accounting for Income Taxes applies to both privately-held and publicly traded companies, privately-held companies have characteristics that can impact implementation. This paper reports the findings of a survey of the top 100 privately-held companies to determine how these organizations are addressing the staffing of tax department personnel, process controls and knowledge acquisition during the implementation of FIN 48.


2008 Meeting Minutes, Morehead State University. Staff Congress. Jan 2008

2008 Meeting Minutes, Morehead State University. Staff Congress.

Staff Congress Records

Staff Congress meeting minutes for 2008.


True Will Vs. Conscious Will: An Exploration Of Aleister Crowley's Concepts Of True Will And Conscious Will And Its Possible Applications To A Midsummer Nights Dream, Marison, And Wicked, John Payne Jan 2008

True Will Vs. Conscious Will: An Exploration Of Aleister Crowley's Concepts Of True Will And Conscious Will And Its Possible Applications To A Midsummer Nights Dream, Marison, And Wicked, John Payne

Electronic Theses and Dissertations

In our lives we will have to make hundreds upon thousands of choices. The effects of these choices will follow us with varying intervals; some effects may be brief while others may literally last a lifetime. In these moments that we are forced to chose, it ultimately comes down to two options, what we should do, and what we want to do. Essentially, it is a choice between the head and the heart. Playwrights depend on these moments of choice, for it is the basis of almost all plays. At some point, the protagonist must make a choice, even if …


Investigating The 'Audience' In Theatre For Young Audiences: The Call For Artistic Educators, Amanda Morris Jan 2008

Investigating The 'Audience' In Theatre For Young Audiences: The Call For Artistic Educators, Amanda Morris

Electronic Theses and Dissertations

Theatre history provides little information on theatre audiences and how the concept of an audience has changed over time. Through the investigation of theatre history texts, theatre theorists' manifestos, and interviews with workers in the field of theatre for young audiences, this thesis outlines the theatre audience from the first performance to the present and examines how the history of the concept of "child" and young audiences has developed in recent years. Opposing views exist on the subject of how a child is perceived as well as the purpose and role of a theatre audience. In this thesis, I investigate …


Making Victim: Establishing A Framework For Analyzing Victimization In 20th Century American Theatre, Victoria Hahl Jan 2008

Making Victim: Establishing A Framework For Analyzing Victimization In 20th Century American Theatre, Victoria Hahl

Electronic Theses and Dissertations

It is my belief that theatre is the telling of stories, and that playwrighting is the creation of those stories. Regardless of the underlying motives (to make the audience think, to make them feel, to offend them or to draw them in,) the core of the theatre world is the storyline. Some critics write of the importance of audience effect and audience reception; after all, a performance can only be so named if at least one person is there to witness it. So much of audience effect is based the storyline itself - that structure of which is created by …


The Dark Side Of The Tune: A Study Of Villains, Michael Biggs Jan 2008

The Dark Side Of The Tune: A Study Of Villains, Michael Biggs

Electronic Theses and Dissertations

On championing the villain, there is a naive quality that must be maintained even though the actor has rehearsed his tragic ending several times. There is a subtle difference between to charm and to seduce. The need for fame, glory, power, money, or other objects of affection drives antagonists so blindly that they ve no hope of regaining a consciousness about their actions. If and when they do become aware, they infrequently feel remorse. I captured the essence of the villain by exposing these lightless characters to the sun. On Monday, April 9th and Tuesday, April 17th, 2007, on the …


The Identification Of Ignitable Liquids In The Presence Of Pyrolysis Products: Generation Of A Pyrolysis Product Database, Joseph Castelbuono Jan 2008

The Identification Of Ignitable Liquids In The Presence Of Pyrolysis Products: Generation Of A Pyrolysis Product Database, Joseph Castelbuono

Electronic Theses and Dissertations

The fire debris analyst is often faced with the complex problem of identifying ignitable liquid residues in the presence of products produced from pyrolysis and incomplete combustion of common building and furnishing materials. The purpose of this research is to investigate a modified destructive distillation methodology provided by the Florida Bureau of Forensic Fire and Explosive Analysis to produce interfering product chromatographic patterns similar to those observed in fire debris case work. The volatile products generated during heating of substrate materials are extracted from the fire debris by passive headspace adsorption and subsequently analyzed by GC-MS. Low density polyethylene (LDPE) …


Searching For The Majority: Algorithms Of Voluntary Control, Jin Fan, Kevin G. Guise, Xun Liu, Hongbin Wang Jan 2008

Searching For The Majority: Algorithms Of Voluntary Control, Jin Fan, Kevin G. Guise, Xun Liu, Hongbin Wang

Faculty, Staff and Student Publications

Voluntary control of information processing is crucial to allocate resources and prioritize the processes that are most important under a given situation; the algorithms underlying such control, however, are often not clear. We investigated possible algorithms of control for the performance of the majority function, in which participants searched for and identified one of two alternative categories (left or right pointing arrows) as composing the majority in each stimulus set. We manipulated the amount (set size of 1, 3, and 5) and content (ratio of left and right pointing arrows within a set) of the inputs to test competing hypotheses …


Examining The Effect Of Organizational Policy Changeon Taser Utilizations, Michael Miller Jan 2008

Examining The Effect Of Organizational Policy Changeon Taser Utilizations, Michael Miller

Electronic Theses and Dissertations

The purpose of this study is to examine the effect of organizational policy changes within the Use-of-Force Continuum on taser usage and officer's perceptions of taser effectiveness. Tasers have been used by police since the 1970s and their use is increasing as the technology has improved. Data reveals that tasers are beneficial for controlling non-compliant suspects while preventing serious injuries and rarely has their use resulted in death. Much of the public controversy surrounding tasers centers on when and how often officers deploy them. Use of force data from 890 police citizen encounters during a two-year period was analyzed to …


Law And Policy Options For Strategic Environmental Assessment In Canada, Hugh J. Benevides, Denis Kirchhoff, Robert B. Gibson, Meinhard Doelle Jan 2008

Law And Policy Options For Strategic Environmental Assessment In Canada, Hugh J. Benevides, Denis Kirchhoff, Robert B. Gibson, Meinhard Doelle

Reports & Public Policy Documents

This research paper has been produced for the Canadian Environmental Assessment Agency on behalf of the sub-committee on Strategic Environmental Assessment (the SEA sub-committee) which is in turn mandated by the Minister of the Environment’s Regulatory Advisory Committee (RAC). The immediate need for the report is a request from RAC to the SEA sub-committee to research and report on law and policy options for improving the conduct of Strategic Environmental Assessment (SEA) in Canada, with a focus on the federal level.

The purpose of the paper is to provide an impartial, research-based assessment of the best approaches to designing and …


Access This: Why Institutions Of Higher Education Must Provide Access To The Internet To Students With Disabilities, Nina Golden Jan 2008

Access This: Why Institutions Of Higher Education Must Provide Access To The Internet To Students With Disabilities, Nina Golden

Vanderbilt Journal of Entertainment & Technology Law

No one questions whether the ADA applies to institutions of higher education. Title II applies to public colleges and universities, while Title III applies to private ones. With some exceptions, colleges and universities must make their programs and services accessible by providing reasonable accommodations to students with disabilities. What is significantly less clear, and thus the topic of dispute among courts and commentators, is whether the ADA requires colleges and universities to provide access to the Internet to students with disabilities. Much of the dispute revolves around the meaning of the term "place of public accommodation." Some courts have required …


Yours, Mine, And Ours: The Joint Authorship Conundrum For Sound Recordings, Abbott M. Jones Jan 2008

Yours, Mine, And Ours: The Joint Authorship Conundrum For Sound Recordings, Abbott M. Jones

Vanderbilt Journal of Entertainment & Technology Law

In 2013, authors of sound recordings will have their first opportunity to exercise their right to terminate assignments made to record companies. Congress has yet to settle just who may claim authorship in, and thus the right to terminate assignments of, sound recordings. Record companies have responded to this uncertainty by including language in standard recording contracts purporting to declare sound recordings made under the contracts works made for hire, such that authorship would vest initially in the record companies themselves. If sound recordings fit within the scope of a work made for hire, these recording contracts would seal the …


User-Generated Content And The Future Of Copyright: Part One--Investiture Of Ownership, Steven Hetcher Jan 2008

User-Generated Content And The Future Of Copyright: Part One--Investiture Of Ownership, Steven Hetcher

Vanderbilt Journal of Entertainment & Technology Law

While user-generated content (UGC) has been around for quite some time, the digital age has led to an explosion of new forms of UGC. Current UGC mega-sites, such as YouTube, Facebook, and MySpace, have given UGC a new level of significance, due to their ability to bring together large numbers of users to interact in new ways. The "user" in UGC generally refers to amateurs, but also includes professionals and amateurs aspiring to become professionals. "Generated" is synonymous with created, reflecting the inclusion of some minimal amount of creativity in the user's work. Finally, "content" refers to digital content, or …


A Libel Law Analysis Of Media Abuses In Reporting On The Duke Lacrosse Fabricated Rape Charges, David A. Elder Jan 2008

A Libel Law Analysis Of Media Abuses In Reporting On The Duke Lacrosse Fabricated Rape Charges, David A. Elder

Vanderbilt Journal of Entertainment & Technology Law

The broad outlines of the monumental injustices involved in the Duke lacrosse rape-that-never-happened case are well known. An unethical local prosecutor, Michael B. Nifong, for partisan political reasons, pursued the Duke lacrosse team and ultimately indicted three of its members based almost solely on the accusations of a wholly unreliable, self-proclaimed victim. Nifong received generous support and sustenance from many left-leaning, politically active Duke faculty, an extraordinarily inept (or worse) Duke administration, and almost the entirety of the mainstream media. Ultimately, following a detailed analysis by his office, North Carolina Attorney General Roy A. Cooper publicly excoriated Nifong in concluding …


A Prototype For Narrative-Based Interactivity In Theme Parks, Kirsten Kischuk Jan 2008

A Prototype For Narrative-Based Interactivity In Theme Parks, Kirsten Kischuk

Electronic Theses and Dissertations

The purpose of this thesis is to look at the potential for interactive devices to enhance the story of future theme park attractions. The most common interactive theme park rides are about game-based interaction, competition, and scoring, rather than about story, character, and plot. Research into cognitive science, interactivity, narrative, immersion, user interface, theming and other fields of study illuminated some potentially useful guidelines for creating compelling experiences for park guests. In order to test some of these ideas, an interactive device was constructed and tested with study subjects. Each study subject watched a video recording of an existing theme …


The Attic Door: A Feature Length Motion Picture, Daniel Daneau Jan 2008

The Attic Door: A Feature Length Motion Picture, Daniel Daneau

Electronic Theses and Dissertations

THE ATTIC DOOR is the feature-length film co-written and directed by Danny Daneau while pursuing a Master of Fine Arts at the University of Central Florida. Many challenges had to be met to produce a feature-length motion picture utilizing digital technology on an ultra-low budget as part of a graduate education. Beyond gaining a profound understanding of the physical, financial, and emotional strength it takes to complete a feature-length motion picture, Daneau experienced the creative challenges that all filmmakers must meet when applying the principles of filmmaking theory to an actual work of self-expression. The production process for an original …


Gutter King, Keith Morris Jan 2008

Gutter King, Keith Morris

Electronic Theses and Dissertations

Gutter King had a threefold purpose: to create a feature film using limited resources, to make the film bridge the gap between a defined artistic aesthetic and its broader distribution goals, and to make the film entertaining to its target market of 14-24 year old males. The methods used: exploiting new digital technology, using a limited workforce (crew), and implementing a planned improvisational structure.


A Comprehensive Case Report On University Of Montana Forensic Case 66, Christopher John Buckley Jan 2008

A Comprehensive Case Report On University Of Montana Forensic Case 66, Christopher John Buckley

Graduate Student Theses, Dissertations, & Professional Papers

UMFC 66 is an anatomical specimen from the Physical Anthropology Lab at The University of Montana-Missoula. It is a nearly complete skeleton that exhibits no trauma. I examined the literature on suitable approaches to estimating age from the skeleton, because age is difficult to estimate for this case and presents an interesting challenge. I also estimated sex, ancestry, stature, and weight. I concluded that UMFC 66 is an American Indian, perhaps 20 to 28 years of age with a relatively short stature of about 1.56m (5’01”), weighing approximately 115 to 129 pounds. There is severe osteomyelitis throughout the left lower …


Testing Xuml: A Study Of Implementing And Testing Model Driven Architecture, Dylan O. Flaherty Jan 2008

Testing Xuml: A Study Of Implementing And Testing Model Driven Architecture, Dylan O. Flaherty

Graduate Student Theses, Dissertations, & Professional Papers

Model Driven Architecture (MDA) is a relatively new and completely different approach to developing software in which diagrams and formal specifications are written and then translated into executable programs. Development using this approach takes longer than using traditional software engineering approaches, but results in products that more correctly meet user requirements and take less maintenance effort. While there is considerable information available regarding development using MDA, the implications for testing have not been fully explored or measured. In order to investigate this facet of MDA, a traditional C++ program which had previously been tested was rebuilt as an MDA model. …


Making Sense Of Divine Simplicity, Jeffrey E. Brower Jan 2008

Making Sense Of Divine Simplicity, Jeffrey E. Brower

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.


Substantive Due Process After Gonzales V. Carhart, Steven G. Calabresi Jan 2008

Substantive Due Process After Gonzales V. Carhart, Steven G. Calabresi

Michigan Law Review

This Article begins in Part I with a doctrinal evaluation of the status of Washington v. Glucksberg ten years after that decision was handed down. Discussion begins with consideration of the Roberts Court's recent decision in Gonzales v. Carhart and then turns to the subject of Justice Kennedy's views in particular on substantive due process. In Part II, the Article goes on to consider whether the Glucksberg test for substantive due process decision making is correct in light of the original meaning of the Fourteenth Amendment. The Article concludes in Parts II and III that Glucksberg is right to confine …


Focus On Batson: Let The Cameras Roll, Mimi Samuel Jan 2008

Focus On Batson: Let The Cameras Roll, Mimi Samuel

Faculty Articles

While the Supreme Court outlawed discrimination in jury selection over 40 years ago, both empirical studies and candid interviews show that lawyers routinely rely on characteristics such as race, gender, and religion in striking prospective jurors. In large part, this practice continues because, when challenged, attorneys proffer non-verbal factors such as facial expressions, inattentiveness, eye contact (or lack thereof), or even laughing or coughing to justify their peremptory strikes. Without a way to assess the validity of these reasons, the trial judge and then the appellate court on review, have little ability to enforce the anti-discrimination prohibition set forth in …


The Fundamental Goal Of Antitrust: Protecting Consumers, Not Increasing Efficiency, Jack Kirkwood Jan 2008

The Fundamental Goal Of Antitrust: Protecting Consumers, Not Increasing Efficiency, Jack Kirkwood

Faculty Articles

This article defines the relevant economic concepts, summarizes the legislative histories, analyzes recent case law in more depth than any prior article, and explores the most likely bases for current popular support of the antitrust laws. All these factors indicate that the ultimate goal of antitrust is not to increase the total wealth of society, but to protect consumers from behavior that deprives them of the benefits of competition. When conduct presents a conflict between protecting consumers and improving the efficiency of the economy (e.g., a merger that raises prices but reduces costs), no court in recent years has chosen …


Documenting Gender, Dean Spade Jan 2008

Documenting Gender, Dean Spade

Faculty Articles

This article provides an analysis of gender reclassification policies - policies that determine when an administrative agency will change an individual's gender marker on its records - in three contexts: policies related to placement in gender-segregated facilities, policies related to changing gender marker on ID, and policies related to the state provision of healthcare that is prohibited based on the gender on record for the person seeking care. The article looks at the significant variation in these policies across agencies to demonstrate the instability of gender as a category of identity verification and to ask whether the assumed usefulness of …


Unlocking The Secrets Of Highly Successful Legal Writing Students, Anne Enquist Jan 2008

Unlocking The Secrets Of Highly Successful Legal Writing Students, Anne Enquist

Faculty Articles

Why are some law students successful in their legal writing classes and others are not? To identify the secrets to success, Professor Enquist did a case study of six second-year law students as they wrote a motion brief and an appellate brief for their 2L legal writing course. Based on their 1L legal writing course, two of these students were predicted to be highly successful, two were predicted to be moderately successfully, and two were predicted to be only marginally successful. Through daily records of all their activities related to writing the briefs, interviews with the study subjects, drafts of …