Digital Commons Network^™

A First Amendment For Second Life: What Virtual Worlds Mean For The Law Of Video Games, Marc J. Blitz

Vanderbilt Journal of Entertainment & Technology Law

In the first decade of the twenty-first century, video games have finally taken their place alongside movies, comic books, and drawings as a form of protected First Amendment speech. Since the Seventh Circuit's 2001 decision in American Amusement Machine Association v. Kendrick, court after court has struck down ordinances and statutes aimed at restricting violent video games--on the grounds that such violate game designers' and players' First Amendment speech rights. This series of rulings marks a stark change from courts' previous stance on video games, which consigned them to the same realm of unprotected non-speech conduct as games like tennis, …

The Magic Circle, Joshua A.T. Fairfield

Vanderbilt Journal of Entertainment & Technology Law

This Article examines the concept of the "magic circle," the metaphorical barrier that supposedly excludes real-world law from virtual worlds. The Article argues that this metaphor fails because there is no "real" world as distinguished from "virtual" worlds. Instead of a magic circle, this Article advocates a rule of consent: actions in a virtual world give rise to legal liability if they exceed the scope of consent given by other players within the game. The Article concludes that although real-world law cannot reasonably be excluded from virtual worlds, game gods and players can control the interface between law and virtual …

Who Monitors The Monitor? Virtual World Governance And The Failure Of Contract Law Remedies In Virtual Worlds, Hannah Yeefen Lim

Vanderbilt Journal of Entertainment & Technology Law

This Article is a study of the interaction of rules and contractual terms within the context of fraudulent conduct in virtual worlds. It makes two main arguments: first, that virtual world providers cannot generally be trusted to regulate themselves; and second, that contractual remedies alone do not provide players with useful solutions to player disputes. The Article highlights the shortcomings of relying solely on the existing web of contractual documents to resolve the issues and disputes currently experienced in virtual world communities. Starting with the applicability of real-world laws to virtual worlds, this Article examines a case study that demonstrates …

"Transformative" User-Generated Content In Copyright Law: Infringing Derivative Works Or Fair Use?, Mary W.S. Wong

Vanderbilt Journal of Entertainment & Technology Law

In the United States, the line between the type and level of transformation required for a copyrightable derivative work and that required to constitute fair use has not been drawn clearly. With the rise of user-generated content, this question (which arises in two distinct copyright contexts) has become even more important. At the same time, copyright law has generally shied away from defining authorship as a legal concept, preferring instead to develop and rely on the related (but not identical) concept of originality. This has resulted in a low copyrightability threshold that does not adequately account for the fact that …

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 …

Applying Old Theories To New Problems: How Adverse Possession Can Help Solve The Orphan Works Crisis, Megan L. Bibb

Vanderbilt Journal of Entertainment & Technology Law

This Note focuses on orphan works--works whose copyright owners cannot be found--and the problems they create for libraries and archives that wish to preserve and facilitate access to them. After describing the legal basis for the orphan works problem, the Note analyzes and critiques proposed legislative and scholarly solutions. After concluding that prior solutions fail to adequately address the needs of libraries and archives, the Note offers a solution based on the policy rationales underlying the traditional property concept of adverse possession, since the justifications that supported the advent of the adverse possession doctrine can also be applied to the …

Dr. Strange-Rating Or: How I Learned That The Motion Picture Association Of America's Film Rating System Constitutes False Advertising, Jason K. Albosta

Vanderbilt Journal of Entertainment & Technology Law

The Motion Picture Association of America (MPAA), a trade association whose members include film production studios, distributors, and theater chains, administers the most popular system for rating the content contained in the vast majority of publicly exhibited motion pictures in the United States. The stated goal of the rating scheme is to caution parents about any objectionable content that a film contains in order to allow them to make informed decisions about which films they will allow their children to see. While the rating scheme has undergone several changes since its establishment to further its stated goal, a fundamental conflict …

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 …

Legal, Factual And Other Internet Sites For Attorneys And Legal Professionals, Timothy L. Coggins

Law Faculty Publications

This listing of Internet sites for legal, factual, and other research presents a variety of sources for attorneys, law students, law librarians, and others who use the Web. Initially developed for an Advanced Legal Research course and a continuing education session for legal assistants and paralegals, the listing includes sites for primary authorities, both federal and state, as well as URLs for other types of information such as names of possible expert witnesses and biographical and background information about individuals.1

Introductory Note To International Court Of Justice: Decision On The Request For Interpretation Of The Avena Judgment, Chiara Giorgetti

Law Faculty Publications

On 19 January 2009, the International Court of Justice ("ICJ" or "the Court") issued its Judgment On the Request for the Interpretation of the Avena Judgment ("Judgment") denying Mexico's request for interpretation, and holding that the matters claimed by Mexico "are not matters which ha[d] been decided by the Court in its Judgment," and thus could not give rise to an interpretation as requested by 2Mexico.' This is probably the last step in a complex and lengthy litigation between Mexico and United States,2 which began on January 9, 2003, when Mexico instituted proceedings at the ICJ against the U.S. for …

Ending Jim Crow Life Insurance Rates, Mary L. Heen

Law Faculty Publications

This Article tells the story of the rise and fall of explicit race-based pricing practices as American life insurance companies responded to changes in the social, economic, and legal status of former slaves. The role of law in that story, from the Civil War to the beginning of this century, illustrates the complex interaction between civil rights reform and private commercial markets. Despite early laws prohibiting race-based life insurance rates, racial discrimination persisted in various forms for over a century due to the strength of the underlying racial ideologies, the rhetorical power of actuarial language, and the structure and regulation …

Is The Family A Federal Question?, Meredith Johnson Harbach

Law Faculty Publications

There has long been conflict over the relationship between the states and the federal system vis-i-vis the family. The traditional account of domestic relations describes family law as the exclusive domain of the states, and federal courts have credited this account in the "domestic relations exception." Although scholars have analyzed and critiqued the exception's applicability to diversity jurisdiction, the intersection of federal question jurisdiction and this exception remains largely unexplored. This Article describes and critiques, on both instrumental and deeper normative terms, federal courts' willingness to expand the "domestic relations exception" to include federal question cases. The Article proceeds in …

The Sky Has Not Fallen Yet On Punitive Damages In Admiralty Cases, John Paul Jones

Law Faculty Publications

As surely everyone knows, the United States Supreme Court has recently brought the Due Process Clause to bear on awards of punitive damages made pursuant to state law. The law of the land now includes a judicially manageable standard that protects a defendant otherwise liable for punitive damages from awards that are so excessive as to be unfair, that is, arbitrary and capricious. Punitive damages are usually assessed by juries, subject to review by trial and appellate courts. This initiative has sparked considerable controversy, and the exact parameters of the constitutional standard are still far from certain Into this situation …

The Constitutional Future Of Race-Neutral Efforts To Promote Diversity And Avoid Racial Isolation In Our Elementary And Secondary Schools, Kimberly J. Robinson

Law Faculty Publications

In 2007, the U.S. Supreme Court ruled in Parents Involved in Community Schools v. Seattle School District No. 1 that the racial classifications used by school districts in Seattle and Louisville to create diverse schools were unconstitutional. Justice Kennedy provided the deciding vote but also noted that school districts could pursue diversity and avoid racial isolation through race-neutral alternatives. He asserted that it was unlikely that race-neutral alternatives would be subject to strict scrutiny but articulated no rationale for this assertion. This Article argues that, after Parents Involved, school districts will focus on race-neutral efforts to create diverse schools …

Adapting Management Strategies To Enter New Global Markets, Karuna Vineetha Vemulapalli

Masters Theses

"With globalization spreading its roots into every country, people from various countries are working together, and will be trying to understand the cultural differences between the organizations in different nations. Effective management of the cultural differences will be an important and competitive advantage. Keeping in mind the different perceptions of the term “Management” by varying cultures, namely United States and India, this research will be focused on understanding and managing these differences.

The proposed research will deal with concepts of cultural diversity, economic differences, intercultural and organizational differences between the two countries. Understanding why some factors like motivation, responsibility, and …

Perceptions Of Technology Education Supervisors Toward Implementation Of Engineering By Design Courses In Virginia Public Schools, Terrance Beddow

OTS Master's Level Projects & Papers

The problem of this study was to determine the perceptions of Virginia technology education supervisors toward implementation of Engineering by Design courses in Virginia public schools.

Leatherby Letters - Spring 2009, Leatherby

Leatherby Letters Archive

Newsletter of Chapman University's Leatherby Libraries. Volume 2, Issue 2.

Media Ethics, Steelman Library, Robert Scott

Syllabus Repository

No abstract provided.

Introduction To Mass Communication, Steelman Library, Robert Scott Dr.

Syllabus Repository

No abstract provided.

Old Testament Survey, Steelman Library, G White Dr.

Syllabus Repository

No abstract provided.

Old Testament Survey, Steelman Library, G White Dr.

Syllabus Repository

No abstract provided.

Hebrew Wisdom Literature, Steelman Library, Gerry A. White Dr.

Syllabus Repository

No abstract provided.

Photography, Steelman Library, Chad Neuman

Syllabus Repository

No abstract provided.

Antibiotic Use In Animal Production: Environmental Concerns, Teshome H. Regassa, Richard K. Koelsch, Charles S. Wortmann, Richard F. Randle, Akwasi A. Abunyewa

Department of Agronomy and Horticulture: Faculty Publications

Introduction

Antibiotic1 use in animal production has led to improved feed use efficiency and increased growth rates. In turn, these resulted in reduced food production costs and reduced excrement of manure nutrients which may cause pollution problems.

On the other hand, antibiotic use leads to antibiotic resistance and a possible reduction in effectiveness of treatment options for both animals and humans. This publication addresses these issues.

Disease-causing microorganisms2, including bacteria,are the most diverse and numerous organisms on earth. Diverse in their habitat, environmental adaptation, and mechanisms of reproduction, they have short generations with high multiplication rates. Such characteristics help develop …

Smith, Stormans, And The Future Of Free Exercise: Applying The Free Exercise Clause To Targeted Laws Of General Applicability, Mark L. Rienzi

Scholarly Articles

Does the Free Exercise Clause extend to situations where the legislature deliberately targets a religious practice, but does so for neutral reasons and is willing to extend the ban to people who happen to engage in the same practice for non-religious reasons? While one can imagine reasonable arguments on both sides about the constitutionality of the Sunday morning alcohol ban, it seems absurd to say that the Free Exercise Clause is not part of the equation. Yet under the First Amendment analysis presently employed by many courts, that result is entirely likely.

Dental Caries Associated With Dietary And Toothbrushing Habits Of 6- To 12-Year-Old Mentally Retarded Children In Taiwan, Hsiu-Yueh Liu, Shun-Te Huang, Szu-Yu Hsuao, Chun-Chih Chen, Wen-Chia Hu, Ya-Yin Yen

Journal of Dental Sciences

Background/Purpose In this study, we analyzed the influence of dietary factors and toothbrushing habits on dental caries in children with mental retardation (MR). Materials and methods In total, 168 children with MR, aged 6–12 years, were selected from a large cross-sectional survey entitled “Oral health survey and oral hygiene education for the disabled in Taiwan”, which used a stratified cluster sampling design and probability proportional to size for sampling. Oral examinations were carried out by dentists, who were trained such that the kappa score of their interexaminer agreement exceeded 0.8. Data on demographics, diet and toothbrushing habits were collected using …

Hardware Accelerated Sequence Alignment With Traceback, Scott Lloyd, Quinn O. Snell

Faculty Publications

Biological sequence alignment is an essential tool used in molecular biology and biomedical applications. The growing volume of genetic data and the complexity of sequence alignment present a challenge in obtaining alignment results in a timely manner. Known methods to accelerate alignment on reconfigurable hardware only address sequence comparison, limit the sequence length, or exhibit memory and I/O bottlenecks. A space-efficient, global sequence alignment algorithm and architecture is presented that accelerates the forward scan and traceback in hardware without memory and I/O limitations. With 256 processing elements in FPGA technology, a performance gain over 300 times that of a desktop …

Swarms, Schools, Flocks, And Colonies: Exploring The Ontology Of Collective Individuals, Brian G. Henning

Philosophy Faculty Scholarship

No abstract provided.

Trusting In The 'Efficacy Of Beauty': A Kalocentric Approach To Moral Philosophy, Brian G. Henning

Philosophy Faculty Scholarship

Although debates over carbon taxes and trading schemes, over carbon offsets and compact fluorescents are important, our efforts to address the environmental challenges that we face will fall short unless and until we also set about the difficult work of reconceiving who we are and how we are related to our processive cosmos. What is needed, I argue, are new ways of thinking and acting grounded in new ways of understanding ourselves and our relationship to the world, ways of understanding that recognize our fundamental interdependence and interconnection with everyone and everything in the cosmos, ways of understanding that recognize …

Effect Of Polyaccharides And Proteins On Refrigerated Dough Quality, Yu Zhang

Cereal Science

Refrigerated dough is considered one of the most popular dough products in the food industry. Consumers appreciate the convenience, storage stability, and good organoleptic properties of refrigerated dough products. However, in practice, the quality of refrigerated dough can deteriorate during the storage as a result of liquid formation in dough, which is called "dough syruping". The objectives of this study were (1) characterization of the structural properties of dough components that affect dough syruping; (2) identification of rheological changes that occur during refrigeration, and as they relate to arabinoxylans (AX), starch and protein solubility. The data showed that AX solubilization …