Digital Commons Network^™

Terroir Vs. Trademarks: The Debate Over Geographical Indications And Expansions To The Trips Agreement, Emily C. Creditt

Vanderbilt Journal of Entertainment & Technology Law

The ever expanding global marketplace and increasing sophistication of consumers has led to a heightened desire for high-quality wines, spirits and food products that derive their unique characteristics from the geographical region from which they originate. The particular geographic identity of a product, known as a "geographical indication" can increase the marketability and value of any number of consumer goods, from wines and spirits to rice and cheese. The desire to protect geographical indications from misappropriation and abuse eventually led to the adoption of the Agreement on Trade-Related Aspects for Intellectual Property Rights (TRIPS Agreement) during the establishment of the …

The Tangled Web Of Ugc: Making Copyright Sense Of User-Generated Content, Daniel Gervais

Vanderbilt Journal of Entertainment & Technology Law

Even as a mere conceptual cloud, the term "user-generated content" is useful to discuss the societal shifts in content creation brought about by the participative web and perhaps best epitomized by the remix phenomenon. This Article considers the copyright aspects of UGC. On the one hand, the production of UGC may involve both the right of reproduction and the right of adaptation--the right to prepare derivative works. On the other hand, defenses against claims of infringement of these rights typically rely on (transformative) fair use or the fact that an insubstantial amount (such as a quote) of the preexisting work …

Echoes Of The Sumptuary Impulse: Considering The Threads Of Social Identity, Economic Protectionism, And Public Morality In The Proposed Design Piracy Prohibition Act, Lucille M. Ponte

Vanderbilt Journal of Entertainment & Technology Law

Traditional sumptuary laws, especially those government efforts aimed at regulating public attire, are often considered to be largely dusty relics of pre-industrial societies. Yet cultural legal theorists have long argued that sumptuary codes are still relevant and inextricably linked to the development of our contemporary socio-legal hierarchy. A better understanding of the primary objectives embodied in earlier sumptuary codes can shed important historical light and guidance on issues being discussed in current policy-making arenas, such as the proposed Design Piracy Prohibition Act (DPPA). The proposed law has yielded lively debates amongst legal commentators and industry professionals regarding whether or not …

Family-School Connections And Internalizing Problems Among Children Living With Asthma In Urban, Low-Income Neighborhoods, Karla Klein Murdock, Elizabeth M. Robinson, Sue K. Adams, Jennifer Berz, Michael J.D. Rollock

Human Development and Family Science Faculty Publications

Children with asthma living in urban environments are at risk for experiencing internalizing problems and difficulties at school due to social context and health-related stressors. Parent confidence and participation in the school and children’s attitudes about school were explored in association with children’s depressed mood and school anxiety. Forty-five parent—child dyads were recruited from urban community health centers. Most participants were members of ethnic minority groups. Hierarchical multiple regression analyses revealed that higher levels of parent confidence in the school were associated with fewer symptoms of school anxiety in children. Children’s attitudes toward school moderated the relation between parent participation …

In God We Trust: Images Of God And Trust In The United States Among The Highly Religious, F. Carson Mencken, Christoper Bader, Elizabeth Embry

Sociology Faculty Articles and Research

In this analysis, the authors use Greeley's 'religion as poetry' model to frame an analysis of images of God and trust among the highly religious. Using the 2005 Baylor Religion Survey, the authors regress four ordinal measures of social trust on two images of God measures and a bank of religion and demographic controls. The authors find that having a loving image of God creates greater levels of trust in all four measures among the highly religious. They also find that having an image of God as angry creates less trust in all four measures of trust. Implications for theory …

Voice, Self, And Persona In Legal Writing, Chris Rideout

Faculty Articles

From the author's view, sorting out the complexity of voice—and discussing voice in legal prose—requires a rethinking of who the writer is in legal discourse and, importantly, how that writer is represented in legal prose. It becomes a question not of self expression, but of self-representation and persona. This article will first look at discussions of voice in writing—beginning with what we might mean by voice, then with discussion of personal voice, and then of professional voice. The article then offers another model for looking at voice — a discoursal model — and use that model to reconstruct the idea …

Richard Delgado And The Politics Of Citation, Robert S. Chang

Faculty Articles

Twenty-five years ago, Professor Richard Delgado published The Imperial Scholar. The article asserted that a group of white scholars dominated the field of civil rights scholarship to the exclusion of minority scholars. It created a firestorm of sorts with what one critic called a "serious charge of invidious racism on the part of respected legal scholars." Professor Derrick Bell described the piece as "an intellectual hand grenade, tossed over the wall of the establishment as a form of academic protest." Whether as firestorm or grenade, this foundational piece had a tremendous impact on the legal landscape. This brief essay examines …

Democratizing The Courts: How An Amicus Brief Helped Organize The Asian American Community To Support Marriage Equality, Robert S. Chang, Karin Wang

Faculty Articles

In this essay, the authors offer an alternative rationale for amicus practice. This rationale emerges from thier experience working on a brief in support of marriage equality that sixty-three Asian American organizations endorsed. They found that an amicus brief can be an effective tool to engage and educate community-based organizations and their constituencies, thereby helping to advance social justice issues. Their story also illustrates how amicus practice can be used to organize communities around a legal issue and to democratize the courts. In this way, even if the effect of amicus briefs on litigation outcomes may be marginal, the process …

How Privacy Killed Katz: A Tale Of Cognitive Freedom And The Property Of Personhood As Fourth Amendment Norm, Christian Halliburton

Faculty Articles

This article seeks for the very first time to inform that debate with a notion of property as an essential aspect of human identity in a "mash-up of sorts that might be called Fourth Amendment jurisprudence meets the Radinesque Property of Personhood. Using an expanded version of the notion of property developed by Professor Margaret Radin in her pioneering work Property and Personhood, the Fourth Amendment must contend with the social reality that some aspects of "ownership" or entitlement to property, and some level of vindication of those interests, are essential to the formation and viability of complete human beings. …

Critical Error: Courts’ Refusal To Recognize Intentional Race Discrimination Findings As Constitutional Facts, Bryan Adamson

Faculty Articles

Critical Error: Courts’ Refusal To Recognize Intentional Race Discrimination Findings as Constitutional Facts raises a novel double standard: while fact-specific trial court findings of actual malice are reviewed under the “independent judgment” standard (a wholesale re-weighting of the trial court record and decision) on appeal, intentional race discrimination findings are reviewed under the far more deferential Federal Rule of Civil Procedure 52 clear error standard. Both legal concepts are arrived at through assessing state-of-mind determinations; both directly trigger constitutional proscriptions. Only actual malice, however, is classified as a constitutional fact, thus taking it out of the more deferential standard of …

Asking Jurors To Do The Impossible: A Response To Peter Tiersma, Janet Ainsworth

Faculty Articles

Comments from Janet Ainsworth at the Summers-Wyatt Symposium - Asking Jurors to Do the Impossible - Friday March 27, 2009 Transcript.

Knocked Down Again: An East L.A. Story On The Geography Of Color And Colors, Steven W. Bender

Faculty Articles

The article discusses the history of struggle of Latin Americans and the legacy of gang violence in East Los Angeles, California. The author states that the positive thing about the place is the closeness of the community and families. However, the 2000 Census states that ninety-seven percent of the city's population is Latin American with about a quarter living below poverty line. Moreover, sociologists consider gang warfare as a defense of turf marked by defined geographic boundaries.

Marks Of Rectitude, Margaret Chon

Faculty Articles

Trademarks and certification marks increasingly denote sustainability or social responsibility standards. These marks of rectitude are particularly noticeable in the context of global trade, where market integration is accompanied by relatively uneven integration of environmental, labor and other standards, and where consumers in the so-called global North choose how to empower producers and/or encourage development of markets in the global South. But consumer participation in these transactions is under-explored by reference to criteria such as the quality not to mention accountability and transparency of the standards embedded within the goods or services. Newer stakeholders and meaning-makers such as the largely …

Recovering Access: Rethinking The Structure Of Federal Civil Rulemaking, Brooke Coleman

Faculty Articles

Access to the justice system, which is broadly defined in the article as the opportunity to resolve the merits of a legal claim, is declining. One source of this decline is the Civil Rules. This article examines how the institutional failings of the civil rulemaking process have allowed for the production of rules that diminish access. Rule 1 of the Federal Rules of Civil Procedure provides that the Civil Rules should facilitate the "just, speedy, and inexpensive resolution" of legal claims. While the Civil Rules Committee considers this timeworn mandate when drafting the rules, there is no agreement about how …

Crossover, Richard Delgado

Faculty Articles

Should minority writers aim for a "crossover" audience of mainstream (white) readers or write mainly for a circle of readers like themselves, viz., minorities or people of color? Despite the attractions of achieving crossover status -- including fame, fortune, and book reviews -- the article argues that writers of color should usually visualize an audience of their peers, that is, readers of color. Writing for a broad audience of mostly white readers risks that the minority writer will adopt topics, language, and approaches that will appeal and ring true to this group. Consciously or unconsciously the writer may pull his …

A Tragedy Of The Commons: Property Rights Issues In Shanghai Historic Residences, Kara Phillips, Amy Sommers

Faculty Articles

This article explores the tensions between China’s newly privatized model of urban housing ownership and its socialist foundations. Through a combination of interviews and local research, the authors investigate the evolution of property ownership in Shanghai’s architecturally-distinctive stock of historic housing, encompassing various architectural periods and styles (including leading examples of Art Deco), which have gone through periods of private ownership (pre-1949), gradual socialization (1949-1965), militant squatting and occupation (1966-1976), and now privatization (1977 to current). Originally single-family residences, many were gerrymandered into multi-family units, in which the original owner/resident was relegated a small portion of space, and the remainder …

Elevated Corticotropin-Releasing Hormone In Human Pregnancy Increases The Risk Of Postpartum Depressive Symptoms, Ilona S. Yim, Laura M. Glynn, Christine Dunkel Schetter, Calvin J. Hobel, Aleksandra Chicz-Demet, Curt A. Sandman

Psychology Faculty Articles and Research

Postpartum depression (PPD) is common and has serious implications for the mother and her newborn. A possible link between placental corticotropin-releasing hormone (pCRH) and PPD incidence has been discussed, but there is a lack of empirical evidence.

Disclaimer Intraducible: My Life / Is Based / On A Real Story, Alicia Partnoy

Modern Languages and Literatures Faculty Works

No abstract provided.

Comparative Efficacy Of 2 Topical Anesthetics For The Placement Of Orthodontic Temporary Anchorage Devices, Derek S Reznik, Arthur H Jeske, Jung-Wei Chen, Jeryl English

Faculty, Staff and Student Publications

This study compared the effectiveness of topical benzocaine 20% versus a combination of lidocaine, tetracaine, and phenylephrine in providing sufficient analgesia for the placement of orthodontic temporary anchorage devices (TADs). The 2 topical anesthetics were tested against each other bilaterally using a randomized, double-blind, crossover design. The agents were left in place for the amount of time prescribed by the manufacturer. The TAD was then placed, and each subject rated the degree of pain on a Heft-Parker visual analogue scale. A pulse oximeter was used to record the preoperative and postoperative pulse rates. Statistically significant differences in perceived pain (P …

Incidental Detection Of An Occult Oral Malignancy With Autofluorescence Imaging: A Case Report, Nadarajah Vigneswaran, Sheila Koh, Ann Gillenwater

Faculty, Staff and Student Publications

BACKGROUND: Autofluorescence imaging is used widely for diagnostic evaluation of various epithelial malignancies. Cancerous lesions display loss of autofluorescence due to malignant changes in epithelium and subepithelial stroma. Carcinoma of unknown primary site presents with lymph node or distant metastasis, for which the site of primary tumour is not detectable. We describe here the use of autofluorescence imaging for detecting a clinically innocuous appearing occult malignancy of the palate which upon pathological examination was consistent with a metastatic squamous cell carcinoma.

CASE DESCRIPTION: A submucosal nodule was noted on the right posterior hard palate of a 59-year-old white female during …

Factors And Impacts Of Low Utilization Of Internet: The Case Of Arab Countries, Ali F. Emdad, Muhammed Badamas, Samar Mouakket

Journal of International Technology and Information Management

The Arab countries are greatly behind in terms of their levels of Internet usage. The Arab countries are under pressures to adopt and promote digital transformation. Data in Arab countries are hard to get, resulting in paucity of understanding the factors that affect the use of Internet in Arab countries. This paper combines research from academic and major international organizational literature to examine and synthesize the current use of Internet in Arab Countries. The obstacles and the factors that affect the use and growth of Internet are language, government policies, culture, cost and technology. They are discussed with their impacts.

A Cross-Cultural Content Analysis Of The 2008 American Presidential Election, Willow Beverly Nero

Honors Theses

Agenda-setting theory, based on the idea that journalism has a strong correlation to audience opinion and evaluation of issue salience, shows the unportance of how the media present the news. Naturally, media values vary across cultures, wherein some news outlets serve only to inform and others approach news through partisan positions or evaluative tactics. Especially during a time of media upset in the United States, it is important to examine U.S. media values and those of other cultures. This thesis looks at some of the dominant and documented differences in newspaper reporting in France and the United States, using Patterson’s …

The University Of Mississippi's Role In The Presidential Election, Sara Ann Ralph

Honors Theses

There are many ways to survey a population and analyze the data. Our research applies these techniques to a real world situation, specifically the out come of the 2008 Presidential Election. We will examine current sampling techniques, as well as look at past presidential predictions. Then we will con duct our own survey on the Oxford Campus of the University of Mississippi in an attempt to see what will have an effect on the voting patterns of the population.

The Multiple Purposes Of Bankruptcy: Restoring Bankruptcy's Social Insurance Function After Bapcpa, Sean C. Currie

DePaul Business & Commercial Law Journal

No abstract provided.

Series Description, John Rybolt, C.M.

Annales de la Congregation de la Mission

No abstract provided.

Modern Usury: The Moral Challenge Of Credit Cards In Light Of Catholic Teaching And Practice In The Past And The Present, David R. Smoker

School of Theology and Seminary Graduate Papers/Theses

No abstract provided.

Ego Eimi Formula And A Sense Of Continuity In John’S Gospel Chapter Sixth (Jn 6: V.20, Vss.35-58), John Changjin Bai

School of Theology and Seminary Graduate Papers/Theses

This paper examines John’s Gospel chapter six (vs.20, vss.35-58) in light of the formula “ego eimi” (“I am”) that occurs four times within it. The formula shapes the content of chapter six and gives continuity to the two sections (vss.35-50 and vss.51-58) that have generated theological disagreements. My goal is to demonstrate that the sacramental perspective implicit in the first section is made explicit in the second with ego eimi being the hinge in vs.51. Ego eimi will be shown as revelatory and as developing the eucharistic and sapiential themes of chapter six (vs. 20, vss. 35-58).

Theory And Practice: Translating The Arsamatoria, Ellen Bowden

Honors Theses

In this paper, I have translated the Ars Amatoria by Ovid. I have examined the cultural and political context and history of the Ars and its author, and I have researched translation theory, as well as examined criticisms ofthe poem. I have integrated these elements as best I can into my translation and the paper. I have also attempted to present the Ars in a way that is appealing and interesting to academic and non-academic readers alike.

Series A, Roll 1: Calendar

Archives of the General Curia: American Correspondence

No abstract provided.

Unity And Dissent In Tibetan Exile Politics: A Study Of The 2008 Tibetan Uprisings, Meagan A. Sutton

College of Liberal Arts & Social Sciences Theses and Dissertations

No abstract provided.