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2010

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A Dangerous Undertaking Indeed: Juvenile Humor, Raunchy Jokes, Obscene Materials And Bad Taste In Copyright, David E. Shipley Jan 2010

A Dangerous Undertaking Indeed: Juvenile Humor, Raunchy Jokes, Obscene Materials And Bad Taste In Copyright, David E. Shipley

Scholarly Works

Some of the most important statements in our nation’s rich copyright jurisprudence were written by Justice Holmes over a century ago in Bleistein v. Donaldson Lithographing Co.,a case holding that circus posters were entitled to copyright protection.

In Bleistein, Justice Holmes stated that “[i]t would be a dangerous undertaking for persons trained only to the law to constitute themselves final judges of the worth of [writings, illustrations, music and other forms of expression] outside of the narrowest and most obvious limits.” This announced what has been called the principle of “aesthetic non-discrimination.

“Pull My Finger Fred,” and many other …


Wilderness And The Courts, Peter A. Appel Jan 2010

Wilderness And The Courts, Peter A. Appel

Scholarly Works

This Article examines how the decisions of four land management agencies governing wilderness areas under the Wilderness Act fare in the federal courts. Agencies normally prevail in the majority of their cases before the federal courts because courts employ doctrines of deference to agencies' decisions. In the context of wilderness management, however, the success rates of the agencies varies drastically depending on the type of challenge brought. The Article provides a historical overview of different schemes for wilderness protection, from administrative regulatory schemes to the adoption of the 1964 Wilderness Act and subsequent enactments. It then examines specific case studies …


2010 Acl Conference Update, Ruth Mcguire, Brent Etzel Jan 2010

2010 Acl Conference Update, Ruth Mcguire, Brent Etzel

The Christian Librarian

No abstract provided.


Communication And Essentialism: Grounding The Shared Reality Of A Social Category, Yoshihisa Kashima, Emiko S. Kashima, Paul Bain, Anthony Lyons, R Scott Tindale, Gary Robins, Cedric Vears, Jennifer Whelan Jan 2010

Communication And Essentialism: Grounding The Shared Reality Of A Social Category, Yoshihisa Kashima, Emiko S. Kashima, Paul Bain, Anthony Lyons, R Scott Tindale, Gary Robins, Cedric Vears, Jennifer Whelan

Psychology: Faculty Publications and Other Works

Essentialism is an ontological belief that there exists an underlying essence to a category. This article advances and tests in three studies the hypothesis that communication about a social category, and expected or actual mutual validation, promotes essentialism about a social category. In Study 1, people who wrote communications about a social category to their ingroup audiences essentialized it more strongly than those who simply memorized about it. In Study 2, communicators whose messages about a novel social category were more elaborately discussed with a confederate showed a stronger tendency to essentialize it. In Study 3, communicators who elaborately talked …


Innovate Magazine / Annual Review 2009-2010, San Jose State University Jan 2010

Innovate Magazine / Annual Review 2009-2010, San Jose State University

Innovate Magazine (School of Information)

No abstract provided.


Complete Plastome Sequences Of Equisetum Arvense And Isoetes Flaccida: Implications For Phylogeny And Plastid Genome Evolution Of Early Land Plant Lineages, K. G. Karol, K. Arumuganthan, J. L. Boore, A. M. Duffy, K. D. E. Everett, J. D. Hall, S. K. Hansen, J. V. Mandoli, D. F. Mandoli, B. D. Mishler, R. G. Olmstead, K. S. Renzaglia, Paul G. Wolf Jan 2010

Complete Plastome Sequences Of Equisetum Arvense And Isoetes Flaccida: Implications For Phylogeny And Plastid Genome Evolution Of Early Land Plant Lineages, K. G. Karol, K. Arumuganthan, J. L. Boore, A. M. Duffy, K. D. E. Everett, J. D. Hall, S. K. Hansen, J. V. Mandoli, D. F. Mandoli, B. D. Mishler, R. G. Olmstead, K. S. Renzaglia, Paul G. Wolf

Biology Faculty Publications

Background Despite considerable progress in our understanding of land plant phylogeny, several nodes in the green tree of life remain poorly resolved. Furthermore, the bulk of currently available data come from only a subset of major land plant clades. Here we examine early land plant evolution using complete plastome sequences including two previously unexamined and phylogenetically critical lineages. To better understand the evolution of land plants and their plastomes, we examined aligned nucleotide sequences, indels, gene and nucleotide composition, inversions, and gene order at the boundaries of the inverted repeats. Results We present the plastome sequences of Equisetum arvense, a …


In Vitro Mammalian Cytotoxicological Study Of Pamam Dendrimers -Towards Quantitative Structure Activity Relationships, Sourav Prasanna Mukherjee, Maria Davoren, Hugh Byrne Jan 2010

In Vitro Mammalian Cytotoxicological Study Of Pamam Dendrimers -Towards Quantitative Structure Activity Relationships, Sourav Prasanna Mukherjee, Maria Davoren, Hugh Byrne

Articles

Dendritic polymer nanoparticles such as polyamidoamine dendrimers (PAMAM) show exciting potential for biomedical applications. While the potential commercial applications of such dendrimers have received considerable attention, little is known about their possible adverse effects on both humans and the environment. In this study, the in vitro cytotoxicocity of full generation PAMAM dendrimers to two mammalian cell lines was investigated. Generations G4, G5 and G6 were chosen. Metabolic, lysosomal and mitochondrial activities were evaluated after 24 h exposure. Long term toxicity was evaluated using the clonogenic assay. Particle size and zeta potential were measured in all media. In culture medium, the …


Frequency And Antibiotic Susceptibility Of Pasteurella Multocida And Mannheimia Haemolytica Isolates From Nasal Cavities Of Cattle, Kaan Önat, Serpi̇l Kahya, K. Tayfun Çarli Jan 2010

Frequency And Antibiotic Susceptibility Of Pasteurella Multocida And Mannheimia Haemolytica Isolates From Nasal Cavities Of Cattle, Kaan Önat, Serpi̇l Kahya, K. Tayfun Çarli

Turkish Journal of Veterinary & Animal Sciences

The aim of the present study was to determine the frequency of Pasteurella multocida and Mannheimia haemolytica from nasal cavities of cattle, and to find antibiotic susceptibility profiles of the isolates. Bilateral nasal swab samples were collected from 47 clinically healthy Holstein cattle, with no history of antimicrobial treatment prior to sampling. Respectively, 5 and 27 isolates were identified as M. haemolytica and P. multocida. Seventeen samples from cattle of 1 year or younger were found to have P. multocida. On the other hand, from 29 samples from cattle of 2 years or older, 10 P. multocida and 5 M. …


Prevalence And Antimicrobial Resistance Of Salmonella Serovars Isolated From Poultry Meat In Hyderabad, Pakistan, Aijaz Hussain Soomro, Muhammad Khaskheli, Muhammad Bachal Bhutto, Ghiasuddin Shah, Azizullah Memon, Parkash Dewani Jan 2010

Prevalence And Antimicrobial Resistance Of Salmonella Serovars Isolated From Poultry Meat In Hyderabad, Pakistan, Aijaz Hussain Soomro, Muhammad Khaskheli, Muhammad Bachal Bhutto, Ghiasuddin Shah, Azizullah Memon, Parkash Dewani

Turkish Journal of Veterinary & Animal Sciences

This study was conducted to investigate the prevalence of Salmonella in broiler chicken meat sold in Hyderabad, Pakistan. A total of 100 samples were randomly collected from poultry meat retail markets and examined for the presence of Salmonella. The prevalence rate recorded was 38%. The most prevalent serogroups were S. enteritidis, S. typhi, S. pullorum, and S. typhimurium. All the Salmonella isolates showed resistance to ampicillin, and sensitivity to tetracycline, streptomycin, cefotaxime, ceftazidime, gentamicin, tobramycin, ciprofloxacin, ofloxacin, and chloramphenicol. The findings highlighted the magnitude of Salmonella contamination in chicken meat sold in the city, and the antibiotic resistance of Salmonella …


An Assessment Of David Hollenbach's Contribution To The Debate On Human Rights And Its Future Promise, Joseph Oppong Jan 2010

An Assessment Of David Hollenbach's Contribution To The Debate On Human Rights And Its Future Promise, Joseph Oppong

Electronic Theses and Dissertations

The issue of human rights represents what is probably the primary ethical concern in the world today. No human problem transcends national boundaries to the degree that violations of human rights do, not only with regard to their causes, but also in search for human solutions. There are many important philosophers and theologians, from a various philosophical and religious traditions, engaged in an on-going discussion and debate about the meaning, purpose, and limits of human rights language. This study is aimed at assessing the work of one important contributor to this discussion, the prominent Roman Catholic moral theologian, David Hollenbach, …


Can Txting Benefit Engl?, Aaron Steinkraus Jan 2010

Can Txting Benefit Engl?, Aaron Steinkraus

Fresh Voices: Composition at Cal Poly

No abstract provided.


Testing Lesniaski’S Revised Brief Test, M. Sara Lowe, Sean M. Stone Jan 2010

Testing Lesniaski’S Revised Brief Test, M. Sara Lowe, Sean M. Stone

Library Staff Publications and Research

In 2004, Lesniaski revised White’s Brief Test methodology for smaller academic libraries that lack sufficient subject specialist librarians to perform the brief tests as originally proposed byWhite. As a part of regular collection development, Cowles Library implemented Lesniaski’s Brief Tests on the print monograph collection. While primarily a review of Lesniaski’s methodology, this article also discusses how the Brief Tests were used for improved collection evaluation and maintenance.


13th Annual Eastern District Of Texas Bench-Bar Conference: Patent Litigation Update, John Love, Robert Christopher Bunt, J. Scott Andrews Jan 2010

13th Annual Eastern District Of Texas Bench-Bar Conference: Patent Litigation Update, John Love, Robert Christopher Bunt, J. Scott Andrews

SMU Science and Technology Law Review

No abstract provided.


Panel: The Future Of Digital Distribution Jan 2010

Panel: The Future Of Digital Distribution

SMU Science and Technology Law Review

No abstract provided.


United States V. Valdivieso Rodriguez: The Trend Of Telemedicine, Meera Shenoy Jan 2010

United States V. Valdivieso Rodriguez: The Trend Of Telemedicine, Meera Shenoy

SMU Science and Technology Law Review

No abstract provided.


Definitional Vagueness In The Cfaa: Will Cyberbullying Cause The Supreme Court To Intervene, Brandon Darden Jan 2010

Definitional Vagueness In The Cfaa: Will Cyberbullying Cause The Supreme Court To Intervene, Brandon Darden

SMU Science and Technology Law Review

No abstract provided.


Purchasing Subscription Reference Databases In The Iowa Elementary Public School Library, Michaela B. Seeman Jan 2010

Purchasing Subscription Reference Databases In The Iowa Elementary Public School Library, Michaela B. Seeman

Honors Program Theses

With so many reference materials available for the elementary public school library, making subscription reference database purchasing decisions can be an overwhelming task. The purpose of this research study was to examine how the 15 participating Iowa teacher librarians made subscription reference database purchasing decisions and the use they observe of various reference materials by students and staff influencing these decisions. To answer these questions, I conducted a survey asking Iowa public elementary school teacher librarians how they decided what to purchase and criteria they used for examining reference materials such as subscription reference databases. The population used for this …


Recommending An Apportionment Formula For The European Union's Common Consolidated Corporate Tax Base, Michael K. Mahoney Jan 2010

Recommending An Apportionment Formula For The European Union's Common Consolidated Corporate Tax Base, Michael K. Mahoney

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


Leadership In Youth Baseball: Awareness Of Health & Safety Issues, Keith Gorse Jan 2010

Leadership In Youth Baseball: Awareness Of Health & Safety Issues, Keith Gorse

Electronic Theses and Dissertations

Society has a great emotional attachment to children and their overall health and safety. Youth sports organizations, directors, coaches, and parents are no different. Participation in sports such as baseball provides great physical opportunities for the youth population in this country. Unfortunately, children can and do get hurt while playing baseball. For some, these injuries can cause a life long physical impairment or possible death. The purpose of this study was to examine Little League Baseball and Babe Ruth Baseball and attempt to determine if these youth baseball leagues are implementing required and recommended standards to ensure the health and …


Psychological Care For Persons Of Diverse Religions: A Collaborative Continuum, Glen Milstein, Anne Marie Yali Jan 2010

Psychological Care For Persons Of Diverse Religions: A Collaborative Continuum, Glen Milstein, Anne Marie Yali

Publications and Research

The purpose of this paper is to describe to psychologists and other clinicians a continuum of mental health care for persons of diverse religions. The continuum delineates boundaries between clinical care provided by mental health professionals and religious care provided by clergy, as well as describes pathways of collaboration across these boundaries. A prevention science based model of Clergy Outreach and Professional Engagement (COPE) is offered to guide this collaboration. The model describes a continuum that moves from the care already present in religious communities, through professional clinical care provided in response to dysfunction and returns persons to their own …


Introducing Stem Majors To The Teaching Profession Through Authentic Experiences As Tutors, Grinell Smith Jan 2010

Introducing Stem Majors To The Teaching Profession Through Authentic Experiences As Tutors, Grinell Smith

Faculty Publications

Recruiting people with rich backgrounds in science, technology, engineering, and mathematics (STEM) into the teaching profession has historically been difficult and remains so today. In this bounded instrumental case study, undergraduate STEM majors were trained and placed as science and math tutors in grades 9-12, with an overarching goal of encouraging them to consider teaching as a possible career path. Several themes emerged from the tutors’ experiences as significant in their willingness to consider a career in teaching, including altruism from helping others, satisfaction from tutees’ improved academic performance, and a more nuanced understanding of the complex nature of teaching.


Salinity Tolerance And Osmotic Response Of The Estuarine Hermit Crab Pagurus Maclaughlinae In The Indian River Lagoon, Florida, Sarah E. Rhodes-Ondi, Richard L. Turner Jan 2010

Salinity Tolerance And Osmotic Response Of The Estuarine Hermit Crab Pagurus Maclaughlinae In The Indian River Lagoon, Florida, Sarah E. Rhodes-Ondi, Richard L. Turner

Ocean Engineering and Marine Sciences Faculty Publications

Pagurus maclaughlinae is the most common hermit in the Indian River Lagoon System. Wide variations in lagoonal salinity make it likely that P. maclaughlinae is euryhaline and that other hermit species in the area are more stenohaline, at least in some stages of their life histories. In a study of salinity tolerance, crabs were held unfed at salinities of 5–50 (25 control) for up to 30 d. Based on survivorship curves, P. maclaughlinae tolerated acute exposure to salinities of 10–45 for up to 18 d, and survivorship up to 30 d at 20–45 equaled or exceeded survivorship of the control. …


The Materialization Of Human Trafficking In The Middle East And Impediments To Its Eradication, Mindy Mann Jan 2010

The Materialization Of Human Trafficking In The Middle East And Impediments To Its Eradication, Mindy Mann

Human Rights & Human Welfare

As a continental hub that connects Asia, Africa, and Europe, the Middle East offers a strategic location for the trafficking of persons from poor to richer states. Extreme poverty, coupled with the corporate and royal wealth of the Gulf States, creates a regional dichotomy in which Middle Eastern states serve as ‘source,’ ‘transit,’ and ‘destination’ countries for human trafficking. Discrepancies in defining human trafficking within the region, as well as the controversial and illicit nature of the practice, cause research to be sparse and with very few first-hand sources. Nevertheless, this paper examines available literature on the subject and addresses …


Political Repression And Islam In Iran, Amy Kirk Jan 2010

Political Repression And Islam In Iran, Amy Kirk

Human Rights & Human Welfare

Signs with the slogan, ‘I am Neda’, flooded the streets of Tehran in the violent aftermath of the 2009 presidential elections and assassination of Neda Agha-Soltan. The internationally publicized video of Neda’s death became an iconic rallying point for the reformist opposition in Iran. Stringent clampdowns since the 1979 revolution have signified a sociopolitical change that has endured for three decades. President Khatami’s reform efforts of the late 1990s were stifled by Ahmadinejad’s election of 2005. Since Ahmadinejad’s appointment there has been little official tolerance for political and fundamental Islamic dissent, leading to serious human rights violations against the reformist …


Hippocampal And Anterior Cingulate Cortex Volumes In Amnestic And Non-Amnestic Mild Cognitive Impairment, Elizabeth R. Tuminello Jan 2010

Hippocampal And Anterior Cingulate Cortex Volumes In Amnestic And Non-Amnestic Mild Cognitive Impairment, Elizabeth R. Tuminello

Master's Theses

Mild Cognitive Impairment (MCI) is a syndrome thought to fall between cognitively normal aging and dementia. Although much research has investigated the structural neuroimaging correlates of amnestic MCI, little research has been done on the imaging correlates of non-amnestic MCI. Even less research has examined the anterior cingulate cortex (ACC), a region important in executive functions (EFs), in these patients. This study attempted to address this gap by examining hippocampal and ACC volumes among amnestic and non-amnestic MCI patients and cognitively normal controls. Those with amnestic MCI were expected to have smaller hippocampal volumes than controls and those with non-amnestic …


Clicking With Your Audience: Evaluating The Use Of Personal Response Systems In Library Instruction, Emily Chan, Lorrie Knight Jan 2010

Clicking With Your Audience: Evaluating The Use Of Personal Response Systems In Library Instruction, Emily Chan, Lorrie Knight

Faculty and Staff Publications

University of the Pacific librarians used personal response systems (PRS) or clickers in first- year mandatory library instructional sessions to assess their effects on student engagement and retention of learning outcomes. Students who utilized clickers during their library sessions reported greater enjoyment and encouragement to participate (n=291). Students in the sessions not utilizing the clickers achieved better learning outcomes than their counterparts who utilized clickers (n=326). The implications of these results are discussed, specifically within the context of pedagogy and tailoring instruction to the Millennial generation.


Development, Evaluation, And Validation Of Environmental Assessment Tools To Evaluate The College Nutrition Environment, Marjorie Freedman Jan 2010

Development, Evaluation, And Validation Of Environmental Assessment Tools To Evaluate The College Nutrition Environment, Marjorie Freedman

Faculty Publications

Objective: To develop, evaluate, and validate 2 nutrition environment assessment tools (surveys), for specific use in combating overweight on college/university campuses.Participants and Methods: Invitations to complete surveys were e-mailed to food service and health center directors at 47 universities, Winter 2008. Overall response rate was 48%. Responses from the 39 individuals who completed tool evaluations at the end of each survey were analyzed. Follow-up interviews and site visits performed through Summer 2008 validated responses. Results: The majority of respondents (64%) indicated tools were effective at assessing their nutrition environments; 78% believed these types of assessment tools to be important to …


Resurrecting The Past, Constructing The Future: A Historical Investigation On The Formation Of A Greek National Identity In Schools, 1834-1913, Theodore G. Zervas Jan 2010

Resurrecting The Past, Constructing The Future: A Historical Investigation On The Formation Of A Greek National Identity In Schools, 1834-1913, Theodore G. Zervas

Dissertations

This dissertation research combines archival data and historical methods and analyzes how schooling and education in Greece between 1834 and 1913 sought to shape a Greek national identity. The goal of this project is to present a historical analysis, that has thus far been absent from scholarship on the subject, and to convey how the adoption of a common national history in Greece, with roots to ancient Greece, assisted in the shaping of a Greek national identity. The timeframe this project examines is significant because it covers an important portion of Modern Greek history. The beginning of the modern state …


In The Margins: Thresholds Of Text And Identity In U.S.-Mexico Border Literature, Allison E. Fagan Jan 2010

In The Margins: Thresholds Of Text And Identity In U.S.-Mexico Border Literature, Allison E. Fagan

Dissertations

My project links discussions of U.S.-Mexico border literature's emphasis on marginalized identity with the growing textual studies interest in the marginal, often-invisible processes which aid the production and shape the reception of books. The dissertation not only calls attention to textual instability, or the places where the differing and even opposing intentions of authors, publishers, and editors often become strikingly clear, but also focuses on the political, racial, ethnic, and social instabilities inherent in publishing the work of borderlands writers. It advocates and advances a sustained attentiveness to the conditions under which border literature can and does get produced. Authors …


Uncommon Sense In Renaissance English Literature, Eric Byville Jan 2010

Uncommon Sense In Renaissance English Literature, Eric Byville

Dissertations

My project explores the distinctive union of Senecan tragedy and Elizabethan satire in Renaissance English drama, particularly the works of John Marston and William Shakespeare. Unlike Ben Jonson, who incorporated both Senecan tragedy and Elizabethan satire in his drama but did so in different plays (Catiline, Every Man Out), Marston and Shakespeare combined the two traditions in one and the same play, such as the former's Antonio's Revenge (1600) and The Malcontent (c. 1603) and the latter's Troilus and Cressida (1601) and Timon of Athens (c. 1606). They recognized and exploited a deep compatibility between the two traditions, a compatibility …