Digital Commons Network^™

The Rhetoric Of Predictability: Reclaiming The Lay Ear In Music Copyright Infringement Litigation, Austin Padgett

The University of New Hampshire Law Review

[Excerpt] “Some things cannot be described. This is the theory that recent literary criticism has placed as its cornerstone. Philosopher-critic Roland Barthes identified this trend in his Mythologies, stating that critics often “suddenly decide that the true subject of criticism is ineffable, and criticism, as a consequence, unnecessary. Unfortunately, this view has become singular within the legal academy whenever an author discusses music copyright infringement analysis. It seems that scholars fear the thought of trusting a jury with such an “ineffable” subject as music and must propose alternatives, such as expert testimony, specialized courts, or mechanical analysis, that will diminish …

Creche Herald Vol. 12, No. 4, Rita B. Bocher

Creche Herald

The Winter 2008-09 publication features nativity sets and personal reflections from members in the organization; information about nativities and nativity exhibits; and information about the Friends of the Creche annual meeting.

Western Great Lakes, Peder H. Svingen

North American Birds

No abstract provided.

An Innovation Culture Assessment Plan For A Department Of A Fortune 500 Company, Vincenzo Piscopo

Creativity and Change Leadership Graduate Student Master's Projects

This project presents an approach to assess the creative climate of a department of a Fortune 500 organization. This project includes a review of the approaches other organizations have taken to assess innovation climate, an evaluation of the approach the focal company currently uses and finally, a plan to assess the innovation climate for a department of the focal company. The proposed plan incorporates learnings from the reviewed literature, best practices from companies such as ?What If!, and institutions such as International Center for Studies in Creativity (ICSC), and my perspective on my experience with innovation in Corporate America.

Direction Of The Musical: She Loves Me, Sheila Mcclure

Master of Theater Production Graduate Projects

This project entailed the selection, background research and documentation, critical analysis, casting, direction, and post-production analysis of Sheila McClure's production of She Loves Me. Documentation includes research and analysis of the play, its music, and an evaluation of the musical as a production vehicle Bakersfield Community Theatre.

Development Of Theta Rhythmicity In Entorhinal Stellate Cells Of The Juvenile Rat., Burton Bg, Economo Mn, Lee Gj, White Ja

Faculty Publications

No abstract provided.

Massive Data Management For Distributed Volume Visualization, Susan Lavis Frank

Stony Brook Theses and Dissertations Collection, 2006-2020 (closed to submissions)

157 pages

Latest Information On Sterkfontein's Australopithecus Skeleton And A New Look At Australopithecus, Ronald J. Clarke

KIP Articles

After a decade of careful excavation, it is now possible to explain how the skeleton came to be in that isolated position in the cavern. Furthermore, it is apparent that the fossil does not belong to either Australopithecus africanus or to A. afarensis, but to an individual belonging to, or closely affiliated to, the second Australopithecus species that is represented in Sterkfontein Member 4 and Makapansgat.

Intolerable Situations And Counsel For Children: Following Switzerland's Example In Hague Abduction Cases , Merle H. Weiner

American University Law Review

In the twilight days of 2007, Switzerland took decisive action to protect children who were being harmed by the application of the Hague Convention on the Civil Aspects of International Child Abduction ("Hague Abduction Convention" or "Convention"). 1 Its Parliament passed the Federal Act on International Child Abduction and the Hague Conventions on the Protection of Children and Adults ("Swiss Act"). 2 The Swiss Act, which should enter into force in mid-2009, 3 gives important and necessary guidance to Swiss courts about the phrase "intolerable situation" in Article 13(b) of the Hague Abduction Convention. 4 The Swiss Act also directs …

Scattering Of An Electromagnetic Plane Wave By A Luneburg Lens. Iii. Finely Stratified Sphere Model, James A. Lock

Physics Faculty Publications

The parallel iteration procedure for computing scattering by a multilayer sphere is described. The procedure uses a successive doubling strategy applied to four sets of multiple-scattering amplitudes, which is reminiscent of the fast Fourier transform (FFT) algorithm. The procedure is then used to calculate scattering of a plane wave by a modified Luneburg lens. The evolution of the transmission rainbow for the Luneburg lens parameter f > 1 into an orbiting ray for f = 1 and into a series of morphology-dependent resonances for f < 1 is studied, and various features of the scattered intensity as a function of scattering angle are commented on. It is found that some resonances are formed without the presence of an exterior centrifugal barrier to confine them. (C) 2008 Optical Society of America

Rainbows In The Grass. I. External Reflection Rainbows From Pendant Droplets, James A. Lock, Charles L. Adler, Richard W. Fleet

Physics Faculty Publications

In the mid-morning on a sunny day one can sometimes see glare spots associated with uncolored "rainbow" (i.e., fold) caustics due to the sunlight reflected from the surface of dew or guttation drops. We show that these dewdrop reflection rainbows are due to places on the droplet (i.e., from an "inflection circle") where its Gaussian curvature becomes zero. We work out the theory of such caustics with horizontally incident light and present a comparison of the theory to measurements made in the laboratory. (C) 2008 Optical Society of America

Decb2008, Robert Kelly

Robert Kelly Manuscripts

From December 2008 Robert Kelly Archive.

2008–2009 Board Of Editors, Buffalo Law Review

Buffalo Law Review Mastheads

No abstract provided.

Greater Grand Rapids Community Survey, 2008, Community Research Institute-Johnson Center

Research, Reports, and Publications

No abstract provided.

Contention And Ambiguity: Mining And The Possibilities Of Development, Anthony J. Bebbington, Leonith Hinojosa, Denise Bebbington, Maria Luisa Burneo, Ximena Warnaars

Geography

The last decade and a half has witnessed a dramatic growth in mining activity in many developing countries. This article reviews these recent trends and describes the debates and conflicts they have triggered. The authors review evidence regarding debates on the resource curse and the possibility of an extraction-led pathway to development. They then describe the different types of resistance and social mobilization that have greeted mineral expansion at a range of geographical scales, and consider how far these protests have changed the relationships between mining and political economic change. The conclusions address how far such protests might contribute to …

A New Frontier In Internationalization: Singapore's Gambits In The Middle East, Wilfred Pow Ngee How, Caroline Yeoh

Research Collection Lee Kong Chian School Of Business

No abstract provided.

University Of San Diego News Print Media Coverage 2008.12, University Of San Diego Office Of Public Affairs

Print Media Coverage (1947-2009)

Printed clippings housed in folders with a table of contents arranged by topic.

Female Collegiate Gymnasts And Experiences In Sport Retirement Due To Injury, Coleen Harrington Barry

Dissertations

There has been very limited research on sport retirement concerning the experiences that female collegiate athletes face when retiring from a sport due to injury. The purpose of this qualitative study was to explore, understand, and describe experiences that former NCAA Division I female gymnasts had when they retired from gymnastics, part-way through college, due to injury. The main objective of the study was to attempt to understand female collegiate gymnasts' sport retirement experiences and the impact these experiences may have had on their identity development and college experience. The study also considered female collegiate gymnasts' perceived needs and coping …

Carsey: Older Newcomers Bring Social "Grey Gold" To Rural Communities, Amy Sterndale, Beth Potier

Media Relations

No abstract provided.

Expressive Minimalism And Fuzzy Signals: The Judiciary And The Role Of Law, Michele Goodwin

Chicago-Kent Law Review

The proper role of courts engenders significant debate. Yet, what seems better settled is the principle that courts are the place at which the common law is developed. Its genesis and modifications evolve out of the juridical process and when that process becomes encumbered or deferred to the legislature the role of the judiciary is called into question. This essay makes the case that expressive minimalism too often governs the common law judicial approach to biotechnology. The cases visited in this domain test our capacity to understand whether life is appropriately described as being beyond the definition of property, as …

Human Gene Patents: Proof Of Problems?, Timothy Caulfield

Chicago-Kent Law Review

The patenting of human genes has been the focus of intense policy debate. The concerns associated with gene patenting are diverse, ranging from dignity based critiques to suggestions that patents will drive up the cost of health care. But the two concerns that have generated the most policy attention are that they hurt basic research (also known as the "anti-commons" problem) and access to useful technologies. The goal of this short comment is to question the degree to which existing evidence supports the speculation about these two justifications for patent reform. While the issues associated with gene patents are complex …

Series Limited Liability Companies: A Possible Solution To Multiple Llcs, Sandra Mertens

Chicago-Kent Law Review

Although series LLCs are now over eleven years old, they remain mainly theoretical. Only seven states to date have enacted statutes authorizing series LLCs, and the drafters of the recent Revised Uniform Limited Liability Company Act considered and rejected provisions creating series LLCs. Many practicing attorneys continue to use multiple LLCs where a series LLC may be appropriate. This Note examines the general characteristics of series LLCs and state legislation authorizing them, the uncertain state and unanswered questions surrounding this new entity form, and the recent developments in case law and usage of series LLCs. Finally, this Note recommends that …

What Is Owed Participants In Biotechnology Research?, Julie A. Burger

Chicago-Kent Law Review

The legal and ethical protections afforded human subjects of research afford individuals who participate in research certain rights. Potential participants must give voluntary and informed consent to participate, they have the right to withdraw from research, they cannot be asked to waive certain rights, and they have the right to choose which studies they will participate in. But researchers, institutions, patient advocacy groups, and ethicists continue to debate how these rules should be applied in the context of genetics research—projects that involve using the individual's tissue or the individual's genetic information, such as gene sequences, and associated medical information. Evidence …

Intellectual Property And The Politics Of Emerging Technology: Inventors, Citizens, And Powers To Shape The Future, Stephen Hilgartner

Chicago-Kent Law Review

This article argues that there is a mismatch between traditional intellectual property doctrine and the politics of intellectual property today. To examine the nature of the mismatch, I contrast two frameworks that both appear in contemporary debate about intellectual property: the traditional discourse, which focuses on innovation policy, and a newer, less clearly codified discourse that views intellectual property issues from the perspective of the politics of technology. This latter discourse focuses on the challenge of democratic governance in a world where emerging technologies have assumed a central role in constituting the future, raising far-reaching questions about how they should …

Judicial Activism V. Judicial Abdication: A Plea For A Return To The Lochner Era Substantive Due Process Methodology, Brandon S. Swider

Chicago-Kent Law Review

Amid the fierce battles that take place during the confirmation process of a Supreme Court justice, surprisingly little attention is given to the fact that both sides of the political spectrum generally agree on a matter of profound constitutional importance—namely, the proper level of scrutiny courts are to exact with respect to state and federal legislation. Presently, and for the better part of the last 70 years, the dominant attitude among judicial conservatives and liberals alike is that courts have no authority to strictly scrutinize the overwhelming majority of legislation enacted by state and federal legislatures.

This Comment argues that …

The History Of Choral Music Activity At The University Of Nebraska–Lincoln 1885–1978, Rebecca C. Gruber

Glenn Korff School of Music: Dissertations, Theses, Student Creative Work, and Performances

This is a history of the choral music program at the University of Nebraska- Lincoln (founded 1869). Resources from the Nebraska State Historical Society, the Archives and Special Collections of the University of Nebraska-Lincoln, scrapbooks and files from the University of Nebraska School of Music, and its precursor, the University School of Music, have been examined to create a narrative of choral music activity and a list of choral music repertoire. The early years are studied, before the choral ensembles were a formal part of the curriculum, when choral/orchestral performances were a result of collaboration with the city of Lincoln. …

Distribution Patterns Of Sciurus Niger (Eastern Fox Squirrel) Leaf Nests Within Woodlots Across A Suburban/Urban Landscape, Carmen M. Salsbury

Scholarship and Professional Work - LAS

To determine habitat characteristics that influence Sciurus niger (Eastern Fox Squirrel) abundance and distribution within a suburban/urban landscape in the midwestern United States, I documented the density and placement of fox squirrel leaf nests in 20 woodlots in the Indianapolis metropolitan area, Marion County, IN. The woodlots varied in size (0.94 to 19.5 ha), approximate age, shape, and degree of isolation from other woodlots and suitable squirrel habitat in the surrounding area. Only 8.0% of nests were located in a tree with another nest, and nests were randomly distributed in all but one woodlot, where they were uniformly dispersed. Nest …

Cable Median Barrier Guidelines, Dean L. Sicking, Karla A. Lechtenberg, Francisco Daniel Benicio De Albuquerque

Nebraska Department of Transportation: Research Reports

No abstract provided.

Legal Ethics, Patrick Emery Longan

Mercer Law Review

Georgia's appellate courts made significant decisions during the survey year in matters of attorney discipline, malpractice, and ineffective assistance of counsel. They also issued opinions worth noting in cases concerning attorney and judicial disqualification and several miscellaneous matters.

Workers' Compensation, H. Michael Bagley, Daniel S. Kniffen, Katherine D. Dixon

Mercer Law Review

The Georgia General Assembly made no substantive changes to the Workers' Compensation Act in 2008. Additionally, the Georgia appellate courts took relatively few cases on appeal, and most of these addressed areas of law that are already well-established. Because many workers' compensation cases now require practitioners to address the Medicare Secondary Payer Act, the history, impact, and involvement of that legislation on Georgia claims is also addressed in this Article.