Digital Commons Network^™

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 …

Xiaoning V. Yahoo! Inc.'S Invocation Of The Alien Tort Statute: An Important Issue But An Improper Vehicle, Denae Thomas

Vanderbilt Journal of Entertainment & Technology Law

U.S.-based Internet service providers (ISPs) are faced with a dilemma when operating in countries with restrictive Internet speech laws: should they comply with these governments' demands for personally identifying information of Internet dissidents or respect their own country's dedication to free speech and refuse to comply? On behalf of Chinese dissidents who were imprisoned for violating Chinese speech laws, human rights advocates have invoked the Alien Tort Statute (ATS) in an attempt to hold ISPs accountable for their acquiescence with the Chinese government's demands. This Note examines one such case, Xiaoning v. Yahoo! Inc., and ultimately concludes that, while the …

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 …

The Fair Use Doctrine And Trackjacking: Beautiful Animal Or Destroyer Of Worlds?, S. Wayne Clemons, Jr.

Vanderbilt Journal of Entertainment & Technology Law

"Trackjacking" is the unauthorized replacement of the original soundtrack of an audiovisual recording, such as a movie or television show, with another that is designed to alter substantially the plot and/or characters of the original work. While trackjacking is a creative and entertaining form of art, it may also constitute copyright infringement if the original work is one that is copyrighted. However, if certain criteria are met, the "fair use" doctrine provides a mechanism for courts to excuse what otherwise would be considered copyright infringement. Because the unique nature of trackjacking allows the new work to be distributed in such …

Why Music Should Be Socialized, Matthew Reynolds

Vanderbilt Journal of Entertainment & Technology Law

Setting aside commodities of necessity like food and clothing, perhaps no other product is as universal and popular as music. It is no surprise that millions of dollars are spent trying to package and harness it into a marketable form. Perhaps it is that same quality of universality, its "primal nature," that makes music such an untamable and unruly beast these days. The question of how to sell music effectively (and for some, whether or not it should be sold in the first place) is one that has been hashed and rehashed by those inside and outside of the industry. …

Wringing Songwriters Dry: Negative Consequences Of Compulsory Licensing For Ringtones, Daniel H. Mark

Vanderbilt Journal of Entertainment & Technology Law

On October 16, 2006, the United States Copyright Office concluded in a Memorandum Opinion (the Ringtone Opinion) that, subject to certain caveats, the Copyright Act's § 115 statutory license applies to ringtones. The Copyright Office concluded that ringtones (including monophonic and polyphonic ringtones, as well as mastertones) are phonorecords, and deliveries of ringtones by wire or wireless transmission constitute digital phonorecord deliveries subject to compulsory licensing under § 115.2

In the Ringtone Opinion, the Copyright Office provided a testto determine whether a particular ringtone will qualify for thestatutory compulsory license under § 115. The opinion noted that...

"whether a particular …

Just Click Submit: The Collection, Dissemination, And Tagging Of Personally Identifying Information, Corey Ciocchetti

Vanderbilt Journal of Entertainment & Technology Law

As the twenty-first century bustles forward, the e-commerce arena becomes an ever more dangerous place. On a daily basis, Websites collect vast amounts of personally identifying information (PHII) and mine it in sophisticated databases to discover consumer trends and desires. This process provides many benefits--such as tailored Web sites and relevant marketing--that few Web surfers would care to do without. However, serious threats lurk in cyberspace and are enhanced by consumers who continue to submit vast amounts of information in a state of relative unawareness. Not wanting to miss out on their Web surfing experience, visitors submit their personal information …

Modeling, Analysis And Experimentation For Building Ice Parts With Supports Using Rapid Freeze Prototyping, Frances D. Bryant

Doctoral Dissertations

"Rapid Freeze Prototyping (RFP) is a freeform fabrication method that freezes water droplets into ice in a layer-by-layer manner to additively create a 3-dimensional part. Each layer of a geometry is deposited and allowed to freeze before the next layer is added. Ice parts produced by RFP can be used in investment casting to replace wax patterns and in other applications which may benefit from the unconventional method of using ice as a pattern or mold. More recently, a sacrificial support material has been incorporated into RFP so that over-hung areas and complex geometries can be fabricated. The research presented …

Business-Oriented Software Process Improvement Based On Cmm And Cmmi Using Qfd, Yan Sun

Doctoral Dissertations

"Software Process Improvement (SPI) has become the key to the survival of many software development organizations. Many international SPI models/standards are developed for SPI. The Capability Maturity Model (CMM) and Capability Maturity Model Integrated (CMMI)) from the Software Engineering Institute are two SPI models. In this study, several existing SPI models and approaches are reviewed, their advantages are identified, and their drawbacks are discussed. A set of new SPI frameworks integrating Quality Function Deployment (QFD) with both CMM and CMMI are developed by combining the best features of previous approaches and addressing their limitations"--Abstract, page iii.

Modeling And Simulations Of Diphasic Composites For Development Of High Energy Density Dielectrics, Sandeep K. Patil

Doctoral Dissertations

"This research is focused on diphasic dielectric composites for high energy density storage applications in pulsed power and power distribution systems. Composite materials are particularly attractive because they can synergistically combine high permittivity with high breakdown strength of the individual phases. Energy density, which captures permittivity and dielectric breakdown strength as vital material parameters, dominates this research challenge. Avenues for increasing the effective permittivity and breakdown strength may be found by gaining fundamental understanding of the response of diphasic dielectrics to an applied electric field. Improved understanding of these characteristics will ultimately lead to dielectrics with increased energy storage densities. …

The Stress-Affiliation Paradigm Revisited: Do People Prefer The Kindness Of Strangers Or Their Attractiveness?, Norman P. Li, Rose A. Halterman, Margaret J. Cason, George P. Knight, Jon K. Maner

Research Collection School of Social Sciences

Two studies employed a classic affiliation-under-stress paradigm and examined people's preferences for affiliating with kind versus attractive same- and opposite-sex targets. When men were under default conditions of low stress, they preferred to affiliate with attractive women. However, men placed in a high stress situation instead preferred to interact with kind women. Regardless of stress level, women preferred to affiliate with kind, rather than attractive, men. When choosing among interaction partners of their own sex, participants uniformly chose to interact with kind others, regardless of stress level. This research builds on traditional stress-affiliation research, which has focused on whether people …

A Culture Of Necrophilia: The Rise Of The Undead In Film, Lugene Rosen

Library Articles and Research

In recent years, the undead have been on the rise in films. Zombies and vampires are taking center stage and raking in money in record amounts. Resident Evil moved on to its fourth installment, 28 Days Later morphed into 28 Weeks Later, and 30 Days of Night is scoring some serious box office attention. George Romero, the king of the undead film, released his latest Land of the Dead, fourth in the Night of the Living Dead, Dawn of the Dead, and Day of the Dead series. There has even been an updated remake of Dawn …

Electronic Field Production, Steelman Library, Roxane Griner

Syllabus Repository

No abstract provided.

Importance And Effect Of Nitrogen On Crop Quality And Health, Jürg Blumenthal, David D. Baltensperger, Kenneth G. Cassman, Stephen Mason, Alexander Pavlista

Department of Agronomy and Horticulture: Faculty Publications

Nitrogen (N) is often the most limiting factor in crop production. Hence, application of fertilizer nitrogen results in higher biomass yields and protein yield and concentration in plant tissue is commonly increased. Nitrogen often affects amino acid composition of protein and in turn its nutritional quality. In cereals, abundant supply of nitrogen decreases the relative proportion of lysine and threonine, thus, reducing the biological value of the protein. Increasing nitrogen supply generally improves kernel integrity and strength, resulting in better milling properties of the grain. In oil seed crops, protein levels are increased upon nitrogen fertilization, whereas oil concentration is …

Anatomy/ Physiology Lab Syllabus, Steelman Library, B Mcconchie Dr

Syllabus Repository

No abstract provided.

Microbiology, Steelman Library, B Mcconchie Dr.

Syllabus Repository

No abstract provided.

Microbiology, Steelman Library, B Mcconchie Dr.

Syllabus Repository

No abstract provided.

Microbiology, Steelman Library, B Mcconchie Dr.

Syllabus Repository

No abstract provided.

Jeremiah, Steelman Library, Steven M. Fettke

Syllabus Repository

No abstract provided.

Children's Ministries, Steelman Library, Doug Roth Dr.

Syllabus Repository

No abstract provided.

Water Spirits And Mermaids: The Copperbelt Chitapo, Brian Siegel

Anthropology Publications

No abstract provided.

Gardening With Children, Ronald Cabot Smith, Nadia Anfinson, Desiree Tande

FN Series – Food & Nutrition/HNES

No abstract provided.

Now Serving : Nutritious After-School Snacks!, Julie Garden-Robinson, Sarah Rommesmo

FN Series – Food & Nutrition/HNES

No abstract provided.

Effect Of Micronutrient Fortification On Nutritional And Other Properties Of Nixtamal Tortillas, K. E. Burton, Frost M. Steele, Laura K. Jefferies, Oscar A. Pike, Michael L. Dunn

Faculty Publications

Nixtamalization is the process of steeping dried corn in hot water with calcium hydroxide (lime) with subsequent removal of all or most of the pericarp through washing. The resulting product is called nixtamal. Approximately 60% of corn tortillas in Mexico are produced from nixtamal, with the remainder prepared from nixtamalized corn flour. Nixtamal was fortified with micronutrient premix containing iron, zinc, folic acid, niacin, riboflavin, and thiamin. Premix composition followed a proposed Mexican regulation for corn flour fortification, adjusted for moisture. Effects of premix on masa adhesiveness, hardness, and pH, as well as tortilla sensory properties, stretchability, rollability, and color …

Now Serving : Tasty, Healthful Meals On A Budget., Julie Garden-Robinson, Grete Peterson, Tera Sandvik

FN Series – Food & Nutrition/HNES

No abstract provided.

Automatic Composition Of Themed Mood Pieces, Heather Chan, Dan A. Ventura

Faculty Publications

Musical harmonization of a given melody is a nontrivial problem; slight variations in instrumentation, voicing, texture, and bass rhythm can lead to significant differences in the mood of the resulting piece. This study explores the possibility of automatic musical composition by using machine learning and statistical natural language processing to tailor a piece to a particular mood using an existing melody.

Examination Of North Dakota's Production, Cost, And Profit Functions: A Quantile Regression Analysis, Jacklin Beatriz Marroquin

Agribusiness and Applied Economics

This thesis estimates the production, cost, and profit functions for North Dakota agriculture using state-level input-output quantity and price data for the period 1960-2004. A Cobb-Douglas functional form with Hick-neutral technology change is used to measure the contribution of capital, land, labor, materials, energy, and chemical inputs quantities and output quantity using the primal production function; contribution of capital quantity, land quantity, output quantity, labor price, materials price, energy price, and chemical price to cost using the dual restricted cost function; and the contribution of capital quantity, land quantity, labor price, materials price, energy price, chemical price, output price to …

A Teacher Self-Appraisal Checklist For Physical Educators To Assess Instructional Performance, Robert S. Christenson, David C. Barney

Faculty Publications

Many of the instructional challenges physical education teachers are confronted with today are very different from even those of our recent past. Advances in educational practices have found different ways to reach students, respond to their activity needs, and provide more interesting, effective, safe, as well as, novel ways to approach the teaching-learning process. Exploration into "Best Practices", instructional methods, and teaching effectiveness over the past three decades has brought about numerous changes that have focused on enhancing the quality of the teaching-learning experience in physical education. Student assessment, teaching effectiveness and instructional accountability are just a few of the …

Elicited Imitation As An Oral Proficiency Measure With Asr Scoring, Deryle W. Lonsdale, C. Ray Graham, Casey Kennington, Aaron W. Johnson, Jeremiah Lane Mcghee

Faculty Publications

This paper discusses development and evaluation of a practical, valid and reliable instrument for evaluating the spoken language abilities of second-language (L2) learners of English. First we sketch the theory and history behind elicited imitation (EI) tests and the renewed interest in them. Then we present how we developed a new test based on various language resources, and administered it to a few hundred students of varying levels. The students were also scored using standard evaluation techniques, and the EI results were compared to more traditionally derived scores. We also sketch how we developed a new integrated tool that allows …

Deictic Selves And Others In Pastaza Quichua Evidential Usage, Janis B. Nuckolls

Faculty Publications

This article clarifies the perspectival, deictic nature of evidentiality in Pastaza Quichua, a dialect of Quechua spoken in Amazonian Ecuador. I examine the discourse patterning of what have been called the direct and in direct experience morphemes and argue that a source-based characterization of these morphemes cannot be supported by the data. Using insights from liana Mushin's notion of epistemological stance, I outline the Quechua evidential system, identifying perspectives that may be divided into three main categories: the speaking self of a speech event, the speaking self of a narrated event, and a variety of stances that may categorized by …