Digital Commons Network^™

Historic Eastern Woodland Native American Days, Christy L. Spurlock

Faculty/Staff Personal Papers

The purpose of this publication is to serve as a guide for teachers who may wish to host their own version of Historic Eastern Woodland Native American Days for a single classroom, grade level, school or entire district.

Is It Really Possible To Do The Kessel Run In Less Than Twelve Parsecs And Should It Matter? Science And Film And Its Policy Implications, Dov Greenbaum

Vanderbilt Journal of Entertainment & Technology Law

The entertainment media influences our lives in a myriad of different ways--from the way we dress, to the language we use, to the products we buy. What might be less obvious are its influences on national policies. This Article, an introductory foray into the effects of media on policy, focuses on the effect that movies have on science policies in the United States and around the world. Through an analysis of both classic and recent blockbuster films and concurrent events involving science policies, this Article argues that Hollywood exerts an inordinate amount of influence on national science policies, and even …

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 …

Internet Retailers And Intertype Competition: How The Supreme Court's Incomplete Analysis In Leegin V. Psks Leaves Lower Courts Improperly Equipped To Consider Modern Resale Price Maintenance Agreements, Daniel B. Nixa

Vanderbilt Journal of Entertainment & Technology Law

In Leegin Creative Leather Products, Inc. v. PSKS, Inc., the U.S. Supreme Court held that resale price maintenance (RPM) agreements are to be judged under the rule of reason. An RPM agreement is an agreement between a manufacturer and retailers stipulating that retailers will charge a certain price for the manufacturer's products. This Note argues that the Supreme Court should have instructed lower courts to consider intertype competition in addition to interbrand and intrabrand competition when evaluating RPM agreements under the rule of reason. Two reasons lead to this conclusion. First, the Internet has invigorated intertype competition and has made …

The 2008 Federal Obscenity Conviction Of Paul Little And What It Reveals About Obscenity Law And Prosecutions, Robert D. Richards, Clay Calvert

Vanderbilt Journal of Entertainment & Technology Law

This Article provides an inside perspective on the 2008 obscenity trial and conviction of veteran adult movie producer Paul Little, who is known in the adult industry as Max Hardcore. Little was sentenced by a federal judge to nearly four years in prison after a twelve-person jury in Tampa, Florida found him guilty of multiple counts of selling and distributing obscene content via the U.S. Mail and Internet.

The Article centers around comments and remarks drawn from four exclusive interviews conducted in person by the authors with: (1)Jeffrey Douglas, the California-based attorney who represented and defended Paul Little in United …

Uneasy Lies The Head That Wears The Crown: Why Content's Kingdom Is Slipping Away, Jonathan Handel

Vanderbilt Journal of Entertainment & Technology Law

This Article examines the ongoing power struggle between the content industries (with a particular focus on Hollywood) and the technology industry. These two sectors are intertwined like never before, yet their fates seem wildly divergent, with content stumbling while distribution technology thrives.

The Article begins by illustrating that, even before the recession took hold, traditional paid content was in trouble, and that this was and is true across a range of distribution platforms and content types, including theatrical motion pictures, home video, network television, music, newspapers, books, and magazines. The Article next posits six reasons for content's discontent: supply and …

We're Friends, Right? Client List Misappropriation And Online Social Networking In The Workplace, Brian V. Wyk

Vanderbilt Journal of Entertainment & Technology Law

Social networks, such as Facebook, MySpace, and LinkedIn have grown tremendously over the past decade, and today they claim over 200 million users between the three services. A great number of smaller social networks have also appeared, and new services are constantly being created. With the vast growth of social networking has come the use of social networking in business. As businesses have sought to exploit the wealth of information that social network users share over these networks, businesses have encountered the problem of protecting the compilations of information they have produced. The problem became clear in 2008 when a …

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 …

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 …

Patenting Games: Baker V. Selden Revisited, Shubha Ghosh

Vanderbilt Journal of Entertainment & Technology Law

Patents are meant to protect the functional aspects of an invention. But patents, particularly patents on processes or methods, can cover non-functional, or expressive, activity. This Article explores this possibility in the context of patents covering games of various types. Patents on games can cover the actual play or use of a game with consequent implications for user-generated content produced by playing games. The Article documents this possibility in the area of fantasy sports and video games and proposes two solutions. The first solution relies on the Federal Circuit's recent decision in In "re Bilski," which restricts the patenting of …

Mass Culture And The Culture Of The Masses: A Manifesto For User-Generated Rights, Debora Halbert

Vanderbilt Journal of Entertainment & Technology Law

User-generated content is a term used to describe the division between culture produced as a commodity for consumption and the culture that is generated by people acting as creative beings without any market incentive. While under current copyright law all types of creativity are protected, the laws of copyright exist primarily to protect commercial forms of expression, not the non-commercial ones that form the foundation of user-generated content. The disconnect between what current copyright law protects and how most people create generates tensions that must be addressed. This Article presents an argument for broader protection of all creative work, including …

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 …

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 …

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 …

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 …

Epr Study Of Intrinsic Near Surface Defects In Sic, Sarah A. Thomas

All ETDs from UAB

No abstract provided.

A Comparison Of The Effect Of A Restorative Versus An Orthodontic Self -Etching Primer On Orthodontic Shear Bond Strength, Cranford Shane Langley

All ETDs from UAB

No abstract provided.

Design, Analysis And Deve Lopment Of Optimized Thermoplastic Pultruded Profiles, Leigh A. Hudson

All ETDs from UAB

No abstract provided.

Charting A Sustainable Development Path: Prospects For Socially And Environmentally Beneficial Tourism In Caleta Tortel, Chile, Laura Becerra

Graduate Student Theses, Dissertations, & Professional Papers

Caleta Tortel is a small rural town in Patagonia, Chile. Caleta Tortel is at a crossroads in economic development. The main goals of this thesis were to analyze Tortel's past and future development, evaluate the possibility of a socially and environmentally beneficial path for its future, and assess the community’s ability to shape this future path. I focused on Tortel's budding tourism development and evaluated its ability to follow and support a socially and environmentally beneficial development path.

I developed an analytic framework of two contrasting development paths: 1) extractive and exploitative, and 2) socially and environmentally beneficial (sustain able). …

The Alignment Of Locus Of Decision Making Between University Presidents And Their States' Higher Education Board Structure As Perceived By University Presidents, Chiehyi Huang

Graduate Student Theses, Dissertations, & Professional Papers

Owing to the importance of harmony between boards of higher education and their presidents, this research sought to determine whether boards of higher education could be distinguished by type based upon the alignment of the distribution of decision making responsibilities.

Single consolidated and double consolidated boards were identified as viable for this research. The review of literature informed this research that presidential/board responsibilities could be understood to exist in four domains: fiscal, program, policy, and personnel. The construct of distinguishing board type through the lens of decision making alignment was not universally supported in all four domains; however, it was …

Landscape And The Feminine Voice: Reclaiming Identity In The Works Of Maryse Conde, Simone Schwarz-Bart And Andre Schwarz Bart, Kathleen Marie Ruth

Graduate Student Theses, Dissertations, & Professional Papers

This thesis examines Caribbean literature and its value in establishing identity for Caribbean peoples. The discourse of Caribbean literature as a tool for re-establishing or reclaiming identity is examined, as well as the domination of the male voice throughout Caribbean literature and theory. Through examination of the intimate connection between the feminine and the landscape of the Caribbean, the presence and significance of the female voice is established in the works of Andre Schwarz-Bart, Simone Schwarz-Bart, and Maryse Conde. The recognition of particularity of women’s struggles and the consequent contribution of female authors to Caribbean literature replenish a historiography which …

Moving Toward Development Of A Chunghwa Postal Office Business Model Of Sustainability, Perng Cheng Shih

Graduate Student Theses, Dissertations, & Professional Papers

This research integrated western and eastern organization theory in order to restructure the Chunghwa Postal Office (CPO). The goal was to create a more efficient and sustainable business model that would serve the future needs of Taiwan. A region of the CPO, the Hsinchu Post Office (HPO), received training in 2008 in order to provide a pilot study regarding the concepts of sustainability and learning organizations.

The research produced a CPO Sustainability Model in which learning organization theory is conceptually woven into the Chinese Tai Ji map. This Model has two core domains, namely vision and evaluation. Using two parallel …

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 …

Teaching Intercultural Communication Competence In The Healthcare Context, Jelena Stojakovic

Graduate Student Theses, Dissertations, & Professional Papers

The purpose of this project was to design a training program focused on intercultural communication competence in the health care industry. While international students make an important link between different cultures, serve as great resource in the exchange of cultures and ideas, and make large contributions to the U.S. economy; international students also pose new challenges for higher education. One of the challenges that came up as a result of the diversification of U.S. campuses has to do with intercultural competence, which is an important quality for anyone who wishes to competently and effectively navigate intercultural interactions. Along these lines, …

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 …

The Experience Of The Female Volunteer Student Advocate: A Phenomenological Study Of University Of Montana Student Assault Resource Center Advocates, Kerry S. Maier

Graduate Student Theses, Dissertations, & Professional Papers

This qualitative research explores how volunteering as an advocate at the Student Assault Resource Center (SARC) at The University of Montana, impacts the lives of the student advocates. Unstructured interviews with six SARC advocates were analyzed through the process of phenomenological reduction providing essential descriptions of the experience in the participants' natural language.

Analysis indicated the importance of adequate training, formation of trust among the advocates, and the need for playfulness in the midst of challenging and difficult work. Results further revealed that the participants experience self-care as an important and necessary part of advocate training and of their daily …

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 …

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 …

“Peace At Home, Peace In The World”: The Rise And Role Of Nationalism In Turkish Political Life, Morgan Beach

Pepperdine Policy Review

There have been many arguments over recent years regarding the role of nationalism in an ever-globalizing world. Is nationalism becoming irrelevant? Will the nation become a political entity of the past? Or has increased global cohesion caused an in-creased affinity to a local identity? While the specifics are still debated, most observers point to one fact: nationalism and its political harbingers are stronger than ever. These ethnic nationalisms are generally thought to provide and maintain a solid identity for groups who otherwise see their cultural distinctiveness slipping away into what is, in many cases, a homogenous Westernization. Many scholars see …

Does Microcredit Facilitate Socioeconomic Development?, Arundhati Pal

Pepperdine Policy Review

In order to assess the effectiveness of microcredit on socioeconomic development, one must evaluate current microcredit loans and practices. The question that must be asked is to what extent are socioeconomic opportunities expanded through supplemental income from microcredit loans? To answer this question, measurable indicators that display characteristics of socioeconomic development need to be utilized. The following indicators are often used in impact assessments as representative of such development: investment in higher education, socioeconomic empowerment of women, access and utilization of health services, and prioritization of savings and investment. This paper will identify the observed deficiencies of the aforementioned indicators …