Digital Commons Network^™

Making Sense Of Schaumburg: Seeking Coherence In First Amendment Charitable Solicitation Law, John D. Inazu

Scholarship@WashULaw

The Supreme Court shaped its approach to charitable solicitation in a trilogy of cases in the 1980s: Schaumburg v. Citizens for a Better Environment (1980), Secretary of State of Maryland v. Joseph H. Munson Co. (1984), and Riley v. National Federation of the Blind of North Carolina (1988). Owing largely to ambiguity surrounding the concepts of content analysis, tiered scrutiny, and commercial speech emerging during that era, the Court failed to articulate a coherent framework for evaluating regulations of charitable solicitation. The result has left the Court without a clear rationale for the value of charitable solicitation and lower courts …

Patent Exhaustion And Implied Patent License In Connection With Free And Open Source Software, Anna Haapanen

LL.M. Essays & Theses

This study examines the patent law doctrines of patent exhaustion and implied patent license, and their application to the commercial use of free and open source software (FOSS), an area not thoroughly examined despite the doctrines' otherwise well-established preconditions. The analysis first clarifies the preconditions, scope and key differences of the two doctrines, then applies them to the sale and licensing of FOSS components under the BSD, MIT and GPLv2 licenses. The study addresses the risk that technology companies distributing patented FOSS components may inadvertently dilute their own patent portfolios through exhaustion or implied licensing. It concludes that the patent-related …

Shareholders In The Jury Box: A Populist Check Against Corporate Mismanagement, Ann M. Scarlett

All Faculty Scholarship

The recent subprime mortgage disaster exposed corporate officers and directors who mismanaged their corporations, failed to exercise proper oversight, and acted in their self-interest. Two previous waves of corporate scandals in this decade revealed similar misconduct. After the initial scandals, Congress and the Securities and Exchange Commission attempted to prevent the next crisis in corporate governance through legislative and regulatory actions such as the Sarbanes-Oxley Act of 2002. Those attempts failed. Shareholder derivative litigation has also failed because judges accord corporate executives great deference and thus rarely impose liability for breaches of fiduciary duties.

To prevent the next crisis in …

Cheney, Vice Presidential Power And The War On Terror, Joel K. Goldstein

All Faculty Scholarship

It is generally conceded that Vice President Cheney has been our most influential vice president. During his two terms, the office assumed a significance which his predecessors, even those who themselves were quite significant, would not have thought possible. Whereas historically the vice presidency had been dismissed as too feeble, the Cheney vice presidency was attacked as too robust.

The unprecedented power of Cheney as vice president had many sources. One of them was the war on terror. It, of course, assumed an unexpected prominence after 9/11, and the war on terror contributed to Cheney’s ascendance and provided the political …

Opal Pannell, Oral History Index, Part One Of Two, Opal Pannell, James Conrad, Converging Literacies Center (Clic), Shannon Carter

All Oral Histories

This is part one of a two part index of an oral history interview with Opal Pannell. The exact date of the interview is not known, but it was conducted between 2009-2010. The interviewers are Shannon Carter and James Conrad.

This interview focuses on Opal Pannell's memories of growing up in Neylandville, Texas and her experiences as a student and cafeteria worker at East Texas State University, now Texas A&M University-Commerce.

Opal Pannell grew up in Neylandville, Texas, an all-Black community near Greenville, Texas. Her parents Artie and Vivian Brigham were farmers. Pannell attended high school at St. Paul High …

Unexpected Events In Interstate Wars, Zachary C. Shirkey

Publications and Research

This is the data for unexpected events on interstate wars associated with Is This a Private Fight or Can Anybody Join? The Spread of Interstate War. Please see that work for a description of the coding and please cite that work when using this data.

[Introduction To] In The Eye Of The Storm: Contemporary Theater In Barcelona, Sharon G. Feldman

Bookshelf

Barcelona, the cultural epicenter of Catalunya, is presently experiencing the most dynamic and polemical period in its modern theater history. It is the commanding hub of an energetic theater scene that in recent years has witnessed an exuberant outpouring of new dramatists, a steady crescendo in theater attendance, and a continual increase in the international presence of Catalan directors, playwrights, and companies. The path along which the contemporary Catalan stage has struggled to recover and reconstitute the professional legitimacy and visibility that it lost during the Franco dictatorship has been a complex process. In the Eye of the Storm: Contemporary …

A Dramaturgy Of Intermediality: Composing With Integrative Design, Kjell Yngve Petersen

Other Faculty of Science and Engineering Theses

The thesis investigates and develops a compositional system on intermediality in theatre and performance as a dramaturgical practice through integrative design. The position of the visual/sonic media in theatre and performance has been altered by the digitalisation and networking of media technologies, which enables enhanced dynamic variables in the intermedial processes. The emergent intermediality sites are made accessible by developments in media technologies and form part of broader changes towards a mediatised society: a simultaneous shift in cultural contexts, theatre practice and audience perception. The practice-led research is situated within a postdramatic context and develops a system of compositional perspectives …

The Difficult Impossible: Writing, Perfomance And The Subject, Larry Lynch

Other Faculty of Arts, Humanities and Business Theses

This thesis summarises a period of practice-led research into relationships between imting and performance. It considers ways in which performance (especially performance art) might serve as a critical and methodological lens through which to explore the practice of writing — primarily the author's own. It is located in the recentiy designated field of Performance Writing, whose interdisciplinary approach it adopts. Responding to a perceived condition of impasse (not writing) in the author's relationship to textual production, the thesis charts a process of deploying performance (and subsequentiy video) art as a research methodology, using its emphasis on temporal, spatial, material and …

Contributor Biographies

Sound Scripts

No abstract provided.

Freezing The Music And Fetishising The Subject: The Audiovisual Dramaturgy Of Michel Van Der Aa, Jonathan W. Marshall

Sound Scripts

When, with our eyes shut we run our hands along a surface, the rubbing of our fingers against the surface, and especially the varied play of our joints, provide a series of sensations, which differ only by their qualities and which exhibit a certain order in time. In this paper, I will explore the sonic relationship of sound to the development of new imaging technologies through Atomic Force Microscopes (AFM). In 2003, UCLA scientist, James Gimzewski, positioned a sensitive instrument called an atomic force microscope over a cell to try to detect its motion and the microscope picked up regular …

Flatness, Ornamentality And The Sonic Image: Puncturing Flânerie And Postcolonial Memorialisation In The Work Of David Chesworth And Sonia Leber, Jonathan W. Marshall

Sound Scripts

Much of the power of the cinema experience lies with the sound track, and the way it interacts with what happens on the screen. Soundtrack composition has become a complex art, where musical ideas are enhanced by sound reproduction technologies and complicated by sound effects demanded by the action. The effects of certain ranges of low frequency sound which are featured in the creation and presentation of both film music composition and cinematic sound effects can add an unique dimension to the experience of the soundtrack, and indeed the total cinematic experience. This paper discusses very low frequency sound features …

Architects Of The Identity Of Dance: Gender Inequity In Achievement And Acknowledgment In Australian Contemporary Dance, Quindell Orton

Theses : Honours

Evidence suggests that males receive more opportunities, awards and dominate the dance scene in terms of artistic directorship of high visibility, large budget contemporary dance companies within Australia. This research investigates why and how males have come to be the architects of the identity of dance and the factors which may inhibit a counterpart female's likelihood of assuming the same role. Much of this paper deals with constructing hypotheses for how gender disparities in contemporary dance may have come about. In order to devise informed hypotheses, I have gathered data on government funding and national dance awards. In addition interviews …

The Relationship Between Working Memory Capacity And Movement Memory Of Dancers, Katrina Louise Muller-Townsend

Theses : Honours

Working memory capacity span tasks are suggested to predict complex cognitive behaviour across varied domains (Conway et al., 2005). However, it has been criticised that expert skills are highly situational and domain specific (Marteniuk, 1974). The current research aimed to investigate whether general memory span was related to movement span, and furthermore, whether this can predict dance learning. It was expected that memory for movement would be positively correlated with measures of working memory, due to the specific components of working memory, such as the capacity of the phonological loop. Furthermore, it was expected on the basis of previous research …

Dreaming In Motion: Maintaining Community, Culture And Identity Of First Australians, Ian R.T. Colless

Theses : Honours

No abstract provided.

The Classics And Her Cygnets: Classic Choreographies And Their Contemporary (Counter) Parts, Leeke Griffin

Theses : Honours

The proliferation of contemporary interpretations of classic works throughout the history of dance is substantial, yet there is little scholarly acknowledgement of contemporary interpretations as a genre unto themselves. Unlike other art forms, there is a lack of academic research into contemporary interpretations within dance and their place in dance history. This thesis delves into the genre of contemporary interpretations of classic choreographies, uncovering their popular appeal, the various approaches, their role and contribution to dance history. The second part is a comparative Swan Lake case study, examining the works of Mats Ek, Matthew Bourne and Garry Stewart in reference …

Weaving Color Lines: Race, Ethnicity, And The Work Of Leadership In Social Change Organizations, Sonia Ospina, Celina Su

Publications and Research

For social change organizations working to address intractable social problems throughout the USA, tackling race may not only be unavoidable; it may represent a way to fully engage stakeholders in social change work. We argue that illuminating the relationship between race and leadership can advance our under- standing of how social change leadership happens in practice. We build upon scholarship that emphasizes the ways in which seemingly essentialist, intractable racial categories are actually mutable, and the simultaneous emergence of academic research calling attention to the constructed and collective dimensions of leadership. Using a constructionist lens to analyze narratives from 22 …

Occupational Risks In The Performing Arts: An Exploratory Study, Élise Ledoux, Esther Cloutier, François Ouellet, Isabelle Gagnon, Chloé Thuilier, Julie Ross

Rapports de recherche scientifique

Cliquez ici pour la version française de ce rapport

Cette étude exploratoire émane d’une demande de la Table de concertation paritaire en santé et sécurité du travail du domaine des arts de la scène. Cette Table de concertation découle de la mesure cinq du Plan d’action pour l’amélioration des conditions socioéconomiques des artistes, « Pour mieux vivre de son art », rendu public en 2004. En lien avec cette mesure, il est prévu de réaliser une étude sur les risques en matière de santé et de sécurité au travail. En effet, depuis les travaux de Michel Perreault (1988), très peu …

Article 124, War Crimes, And The Development Of The Rome Statute, Shana Tabak

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Limits Of Advocacy, Amanda Frost

Scholarly Articles in Law Reviews & Journals

Party control over case presentation is regularly cited as a defining characteristic of the American adversarial system. Accordingly, American judges are strongly discouraged from engaging in so-called “issue creation”—that is, raising legal claims and arguments that the parties have overlooked or ignored—on the ground that doing so is antithetical to an adversarial legal culture that values litigant autonomy and prohibits agenda setting by judges. And yet, despite the rhetoric, federal judges regularly inject new legal issues into ongoing cases. Landmark Supreme Court decisions such as Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), and Mapp v. Ohio, 367 U.S. …

Does Anyone Really Want A Parliament Of Man?, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

American University, WCL Research Paper No. 2010-05 Abstract: This is a review-essay of historian Paul Kennedy's recent history of the UN and global governance, The Parliament of Man. It offers a critical look at Kennedy's account of the development of the UN as the gradual, if fitful, progress of the United Nations towards global governance under an order of liberal internationalism - the slow triumph of international institutions and law over the the anarchy of international power politics among sovereign states. The essay argues that what Kennedy views as the gradual movement toward global governance by the UN, or international …

In Fairyland Or Thereabout: The Fairies As Nationalist Symbol In Irish Literature By And After William Allingham, Cassandra M. Schell

College of Graduate Studies: Theses & Dissertations

This essay is a look at a little known Irish poet, William Allingham, who invokes the fairy as a vehicle for a political change in Ireland. It offers a close reading of a few of his poems as well as historically approaches the use of fairies in the popular culture of the nineteenth century. In Chapter I, I use an historical approach to discuss the biography of William Allingham and his place in Irish literature as a poet we have neglected. I also discuss a cultural study of the portrayal and use of the fairy in the nineteenth century. This …

Dublin Visitor Survey 2009, Gerard Dunne, Sheila Flanagan

Datasets

Each annual report contains data relating to a survey of 1000 overseas visitors to Dublin which looked at their attitudes, motives, and touristic behaviour. The key objective of the survey was to improve the quality of urban tourism information within a Dublin city context and to provide those engaged in a wide range of tourism activities within Dublin city with the necessary information to make management decisions.

Gumbo Yearbook, Class Of 2009, Louisiana State University And Agricultural And Mechanical College

Gumbo Yearbook

The Gumbo yearbook chronicles the entire academic year at LSU. In words and especially photos, the Gumbo shows the people, places, and events that make each year unique. In addition to formal portraits of schools and departments, the book contains hundreds of snapshots of students with their friends and dozens of pages showcasing organizations.

Seeds Of Passage, Olu Amoda

College of Graduate Studies: Theses & Dissertations

Author's abstract: Seeds of Passage is an exhibition of sculptural ensembles I have created with found-objects, musing the Nobel Prize winning play, Death and the Horsemen, by Wole Soyinka. The play is based on the incident that took place in 1946 in the western region of Nigeria, when the cosmological traditions of a colonizing power clashed with those of the indigenous culture. I use found (repurposed) objects to create many of my works. Three primary concepts guide my work: 1) latent energy - the memory or accumulative consciousness of the object, 2) the Sieving Process - the selection of individual …

"Courageous Conversations": Rural South Georgia Teachers Reflecting On The Role Of Race And Racism In The Education Of Rural South Georgia Students, Lawanda P. Gillis

College of Graduate Studies: Theses & Dissertations

Author's abstract: The requirements of the No Child Left Behind Act of 2001 has forced school systems throughout the United States to consider the achievement gap between White students and non-White students, which had not previously been a factor in determining school success for federal and state funding. However, acknowledging the gap is not enough. Schools must move beyond acknowledging the gap to developing strategies to close the gap. A professional development course entitled Courageous Conversations About Race, written by Curtis Linton and Glenn E. Singleton was taught to thirty-seven teachers in a rural South Georgia school system. Eight of …

Justice Roger Traynor Professorship Acceptance, John E. Noyes

Faculty Scholarship

Acceptance of John Noyes for the inaugural Roger J. Traynor Professor of Law.

Interpretive Bias In Acupuncture Research? A Case Study, Neil E. O'Connell, Benedict M. Wand, Ben Goldacre

Health Sciences Papers and Journal Articles

Acupuncture is one of the most widely used and broadly researched of the complementary and alternative therapies, but high quality trials generally show no benefit over sham acupuncture. Many would view this result as evidence of ineffectiveness for this intervention.

This discussion paper focuses on the report of one large multi-centre randomised controlled trial of acupuncture for chronic low back pain in the lay and academic press, the ensuing discussion, and its impact on both clinical practice and service provision.

We suggest that interpretive bias has affected reporting, leading to questionable conclusions and advocacy in favour of this form of …

"Mampir, Mas" : Politeness Strategies In Offers Of Sale Among Javanese Speakers / Suswanto Ismadi Megah., Suswanto Ismadi Megah

Student Works (2000-2009)

No abstract provided.

The Gender Perspective Of Attitudes And Beliefs On Information Technology In Malaysian Army / Chen Boon Chuan., Boon Chuan Chen

Student Works (2000-2009)

No abstract provided.