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2009

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Working Toward Spontaneous Copyright Licensing: A Simple Solution For A Complex Problem, Tanya M. Woods Jan 2009

Working Toward Spontaneous Copyright Licensing: A Simple Solution For A Complex Problem, Tanya M. Woods

Vanderbilt Journal of Entertainment & Technology Law

As the web evolves, so too are discussions on how to manage the rights of copyright owners online. Finding a solution that is balanced and that accounts for the international nature of the Internet is essential. While many have attempted to craft such a solution, a model that accommodates the spontaneity of copyright content users and that recognizes the multi-territorial nature of the Internet has yet to materialize. For this reason, this Article formulates a macro-level conceptual approach to building a practical copyright licensing model that could generate spontaneous digital copyright licenses to accommodate the creative impulses of web users …

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Bargaining Power And Background Law, Nancy S. Kim Jan 2009

Bargaining Power And Background Law, Nancy S. Kim

Vanderbilt Journal of Entertainment & Technology Law

Power in contract law typically refers to the bargaining strength of each contracting party in relation to the other. In assessing the relative bargaining power of each party, courts and commentators often consider factors specific to the parties, such as socio-economic status and education level. In this Essay, I suggest another factor that affects the power of the parties in negotiating or modifying their agreement, one that I refer to as the "background law." The background law is the substantive law that governs the subject matter of the contract. This Essay focuses specifically on the background law of copyrights and …

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Stop The Bleeding: Title Ix And The Disappearance Of Men's Collegiate Athletic Teams, Victoria Langton Jan 2009

Stop The Bleeding: Title Ix And The Disappearance Of Men's Collegiate Athletic Teams, Victoria Langton

Vanderbilt Journal of Entertainment & Technology Law

Title IX, originally conceived to protect women from gender discrimination, has had the unfortunate and unintended effect of significantly reducing opportunities for male athletes to compete in their sports at the collegiate level. The various Department of Education opinion letters interpreting Title IX and its regulations provide three routes by which universities can comply with Title IX's requirement of equal opportunities for women to participate in collegiate athletics, one of which is proportionality between the percentage of athletic opportunities for women as compared to the percentage of women in the general population of the school. Circuit courts' current interpretation of …

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Teacher, Leadership, And Curriculum Factors Predictive Of Student Achievement In Indian Education For All, Erin Robin Lipkind Jan 2009

Teacher, Leadership, And Curriculum Factors Predictive Of Student Achievement In Indian Education For All, Erin Robin Lipkind

Graduate Student Theses, Dissertations, & Professional Papers

This study examines the teacher, leader, and curriculum variables predictive of student achievement in Indian Education for All (IEFA). IEFA, a Montana educational mandate based on Montana constitutional law, was first funded in 2005, and little research had previously been conducted on the effectiveness of implementation efforts. While compulsory, implementation had been piecemeal and wrought with misunderstanding, differences in opinion, prejudice, and questions about its legitimacy. The challenges inherent in the implementation of an ambiguous educational reform with no state-adopted curriculum or benchmarks for student achievement have become evident. With the dearth of research, it was not known how well …

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The Effects Of Intimate Relationship Education On Relationship Optimism And Attitudes Toward Marriage, Veronica Ida Johnson Jan 2009

The Effects Of Intimate Relationship Education On Relationship Optimism And Attitudes Toward Marriage, Veronica Ida Johnson

Graduate Student Theses, Dissertations, & Professional Papers

This study evaluated the effects of relationship education on undergraduate students' optimism about relationships and attitudes toward marriage. Participants included undergraduate students enrolled in an Intimate and Family Relations class and students enrolled in a comparison class at the University of Montana. Students were assessed during the first week of the fall semester, 2008, and again at the conclusion of fall semester, 2008. Students' attitudes and optimism towards marriage and intimate relationships were assessed using the Optimism about Relationships scale (Carnelly & Janoff-Bulman, 1992), the Family-of-Origin scale (Hovestadt, Anderson, Piercy, Cochran, & Fine, 1985), and the Marital Attitude Scale (Braaten …

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The Removal And Recovery Of Oxo-Anions From Aqueous Systems Using Nano-Porous Silica Polyamine Composites, Varadharajan Kailasam Jan 2009

The Removal And Recovery Of Oxo-Anions From Aqueous Systems Using Nano-Porous Silica Polyamine Composites, Varadharajan Kailasam

Graduate Student Theses, Dissertations, & Professional Papers

Environmental contamination due to anthropogenic wastewater discharges containing high concentrations of toxic metals is omnipresent in the environment. Heavy metal ions from manufacturing sources can compromise the integrity of various ecological cycles as well as negatively impacting the health of humans through drinking water and the food chain. Increased levels of well known poisonous metals such as arsenic, selenium, lead and mercury are frequently detected in aqueous wastes. Arsenic and selenium are highly toxic elements to human health and the environment. The Maximum Contaminant Level (MCL) for both these toxic metals continue to become more and more stringent. Although there …

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Training Characteristics Of Males At The 2008 Ncaa Division I Cross Country Championships, Philip A. Keller Jan 2009

Training Characteristics Of Males At The 2008 Ncaa Division I Cross Country Championships, Philip A. Keller

Graduate Student Theses, Dissertations, & Professional Papers

The focus of previous running research has been on physiological determinates of performance utilizing small sample sizes and short time frames with little regard to previous training methods. PURPOSE: The goal of this research was to describe, compare, and evaluate the relationships between anthropometric, run training, and ancillary training variables during the 2008 season and performance of male finishers at the NCAA Division I cross country championship 10k race. METHODOLOGY: An online survey was created based on previous research and all coaches who had male runners finish the 2008 NCAA championship race were asked to include their athletes in the …

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Richard Delgado And The Politics Of Citation, Robert S. Chang Jan 2009

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 …

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Democratizing The Courts: How An Amicus Brief Helped Organize The Asian American Community To Support Marriage Equality, Robert S. Chang, Karin Wang Jan 2009

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 …

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Knocked Down Again: An East L.A. Story On The Geography Of Color And Colors, Steven W. Bender Jan 2009

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.

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Secrecy And Democratic Decisions, Mark A. Chinen Jan 2009

Secrecy And Democratic Decisions, Mark A. Chinen

Faculty Articles

Secrecy to protect intelligence sources and methods appears often in the nation's discourse about controversial national security matters. Often it is asked whether such secrecy is consistent with the nation's democratic principles and processes. This article argues such principles and processes provide a framework through which we try to answer questions about secrecy and indeed legitimate them, but are often too broad to provide definitive guidance in specific cases. At the same time, the sources and methods argument itself is overbroad because of the nature of the sources and methods themselves; the tentative nature of intelligence assessments derived from those …

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Externships For Millennial Generation Law Students: Bridging The Generation Gap, Susan Mcclellan Jan 2009

Externships For Millennial Generation Law Students: Bridging The Generation Gap, Susan Mcclellan

Faculty Articles

This article examines the literature about our newest generation of law students, the Millennials, and offers suggestions to help externship faculty work with supervisors and students to avoid potential problems that may arise from generational differences. After reviewing the literature, the article discusses both positive and negative Millennial generation traits and explains how identified generational problems might arise in externship field placements. The article then offers suggestions from psychologists, managerial literature, and the author's experience to help externship directors and faculty work with field supervisors and students to avoid or resolve issues. The article concludes that members of the Millennial …

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The Potential Of 3-D Virtual Worlds In Professional Nursing Education, Margaret M. Hansen Edd, Msn, Rn, Peter J. Murray, W Scott Erdley Jan 2009

The Potential Of 3-D Virtual Worlds In Professional Nursing Education, Margaret M. Hansen Edd, Msn, Rn, Peter J. Murray, W Scott Erdley

Nursing and Health Professions Faculty Research and Publications

Three-dimensional (3-D) virtual worlds (VWs), such as Second Life, are actively being explored for their potential use in health care and nursing professional education and even for practice. The relevance of this e-learning innovation on a large scale for teaching students and professionals is yet to be demonstrated and variables influencing adoption, such as increased knowledge, self-directed learning, and peer collaboration, by academics, and health care professionals requires empirical research.

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Behavioral Management Of Auditory Hallucinations: Implementation And Evaluation Of A 10-Week Course, M D. Buffum, Robin Buccheri, L Trygstad, A A. Gerlock, P Birmingham, G A. Dowling, G J. Kuhlman Jan 2009

Behavioral Management Of Auditory Hallucinations: Implementation And Evaluation Of A 10-Week Course, M D. Buffum, Robin Buccheri, L Trygstad, A A. Gerlock, P Birmingham, G A. Dowling, G J. Kuhlman

Nursing and Health Professions Faculty Research and Publications

A 10-session behavioral course for self-management of auditory hallucinations in patients with schizophrenia has demonstrated positive outcomes. This article evaluates both the course’s implementation and benefits to patients attending the course. Teleconferencing, electronic media, and 26 monthly conference calls were used to educate six advanced practice nurses (APNs) at six sites about the course implementation. Thirty-two patients within the U.S. Department of Veterans Affairs participated in the course. All of the APNs reported course helpfulness, improved communication with patients about voices, and improved harm assessment. Of the patients, 96% found the course helpful: 67% no longer heard voices to harm …

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Ad Law Incarcerated, Giovanna Shay Jan 2009

Ad Law Incarcerated, Giovanna Shay

Faculty Scholarship

This Article examines one part of the legal regime administering "mass incarceration" that has not been a focus of legal scholarship: prison and jail policies and regulation. Prison and jail regulation is the administrative law of the "carceral state," governing an incarcerated population of millions, a majority of whom are people of color. The result is an extremely regressive form of policy-making, affecting poor communities and communities of color most directly. This Article proceeds in three parts. Part I first sketches the history of court involvement in prison reform, explaining that prison litigation made institutions more bureaucratic and increased the …

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Factors And Impacts Of Low Utilization Of Internet: The Case Of Arab Countries, Ali F. Emdad, Muhammed Badamas, Samar Mouakket Jan 2009

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.

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The Moderating Effects Of Technology On Career Success: Can Social Networks Shatter The Glass Ceiling?, Paul Fadil, Cindi Smatt, Sharon L. Segrest, Crystal Owen Jan 2009

The Moderating Effects Of Technology On Career Success: Can Social Networks Shatter The Glass Ceiling?, Paul Fadil, Cindi Smatt, Sharon L. Segrest, Crystal Owen

Journal of International Technology and Information Management

This paper reviews the demographic predictors of career success and proposes that technology plays a critical role in alleviating career success barriers for various demographic groups who have historically encountered barriers. Specifically we propose that technology can act as a moderator allowing minority groups greater participation and acceptance in networks. And, ultimately the greater participation and acceptance in networks will lead to greater career success for groups who have typically encountered “glass ceilings” based on demographic variables such as gender, age, race and ethnicity.

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South Consulting - 1st Review Report - Agenda 3: Resolving The Political Crisis (Power Sharing), Truth, Justice, And Reconciliation Commission Jan 2009

South Consulting - 1st Review Report - Agenda 3: Resolving The Political Crisis (Power Sharing), Truth, Justice, And Reconciliation Commission

VII. Academic and Civil Society Analysis

No abstract provided.

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South Consulting - 1st Review Report - Project Context And Summary Of Findings, Truth, Justice, And Reconciliation Commission Jan 2009

South Consulting - 1st Review Report - Project Context And Summary Of Findings, Truth, Justice, And Reconciliation Commission

VII. Academic and Civil Society Analysis

No abstract provided.

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Kndr Documents - Agenda Item Four, Draft Report On Status Of Implementation, Truth, Justice, And Reconciliation Commission Jan 2009

Kndr Documents - Agenda Item Four, Draft Report On Status Of Implementation, Truth, Justice, And Reconciliation Commission

II. Pre TJRC Documents

No abstract provided.

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Rethinking Free Speech And Civil Liability, Daniel J. Solove, Neil M. Richards Jan 2009

Rethinking Free Speech And Civil Liability, Daniel J. Solove, Neil M. Richards

GW Law Faculty Publications & Other Works

One of the most important and unresolved quandaries of First Amendment jurisprudence involves when civil liability for speech will trigger First Amendment protections. When speech results in civil liability, two starkly opposing rules are potentially applicable. Since New York Times v. Sullivan, the First Amendment requires heightened protection against tort liability for speech, such as defamation and invasion of privacy. But in other contexts involving civil liability for speech, the First Amendment provides virtually no protection. According to Cohen v. Cowles, there is no First Amendment scrutiny for speech restricted by promissory estoppel and contract. The First Amendment rarely requires …

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Creation Of A Topoisomerase I-Efgp Cell Line Using Recent Knock-In Technology, James Wayne Delancey Jan 2009

Creation Of A Topoisomerase I-Efgp Cell Line Using Recent Knock-In Technology, James Wayne Delancey

Honors Theses

Topoisomerase I (TOPI) is a nuclear enzyme that relieves torsional strain in DNA during transcription or replication. Furthermore, TOPl is the target enzyme for camptothecin antitumor drugs. Traditional immunohistochemical methods of studying TOPl expression require cell fixation, which arrests cellular metabolism at an instance in time. In efforts where TOPl studies rely on a function of time, cell fixation must occur at many finite intervals so that researchers may take many data points to simulate a real time assessment. To study TOPl activity continuously in cells, we are implementing recent gene targeting/knock-in technology to create a natively expressed TOP 1-EGFP …

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Assessment Of Eating Disorder Knowledge Among College Students & The Effectiveness Of A Primary Prevention Program, Patricia Eileen Edwards Jan 2009

Assessment Of Eating Disorder Knowledge Among College Students & The Effectiveness Of A Primary Prevention Program, Patricia Eileen Edwards

Honors Theses

Objective: To assess the current knowledge of eating disorders among college students and to determine the effectiveness of a prevention program in increasing eating disorder knowledge. Participants: College students enrolled in the University of Mississippi and in a Family and Consumer Sciences (FCS) 311 Nutrition course. Methods: Participants in attendance of an FCS 311 Nutrition course were administered a 21 question survey to assess a baseline knowledge level of eating disorders. Participants were later educated on eating disorders through a primary prevention program “Eating Disorders 101”. The previous survey was administered again to assess the knowledge gained and the effectiveness …

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A Cross-Cultural Content Analysis Of The 2008 American Presidential Election, Willow Beverly Nero Jan 2009

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 …

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Modern Usury: The Moral Challenge Of Credit Cards In Light Of Catholic Teaching And Practice In The Past And The Present, David R. Smoker Jan 2009

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.

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Dialogue Magazine, Winter 2009 Jan 2009

Dialogue Magazine, Winter 2009

Dialogue, the magazine of the DePaul University College of Law

No abstract provided.

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Unity And Dissent In Tibetan Exile Politics: A Study Of The 2008 Tibetan Uprisings, Meagan A. Sutton Jan 2009

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.

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Advancing University Innovation: More Must Be Expected—More Must Be Done, John E. Tyler Iii Jan 2009

Advancing University Innovation: More Must Be Expected—More Must Be Done, John E. Tyler Iii

Minnesota Journal of Law, Science & Technology

No abstract provided.

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The Digital Millennium Copyright Act Takedown Notice Procedure: Misuses, Abuses, And Shortcomings Of The Process, Jeffrey Cobia Jan 2009

The Digital Millennium Copyright Act Takedown Notice Procedure: Misuses, Abuses, And Shortcomings Of The Process, Jeffrey Cobia

Minnesota Journal of Law, Science & Technology

No abstract provided.

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Digital Debacle? Lessons From The History Of Technical Standards, Stephen Bates Jan 2009

Digital Debacle? Lessons From The History Of Technical Standards, Stephen Bates

Minnesota Journal of Law, Science & Technology

No abstract provided.

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