Digital Commons Network^™

A Generation Of Racketeers? Eliminating Civil Rico Liability For Copyright Infringement, Julie L. Ross

Vanderbilt Journal of Entertainment & Technology Law

This article addresses questions raised in recent years by the increasingly severe penalties for copyright infringement, focusing on potential civil RICO liability as illustrated by a hypothetical peer-to-peer file-sharing example. Because civil litigation has been, by a wide margin, the favored means for pursuing copyright violators, the criminal copyright infringement statute remains largely untested, and the few cases that address its provisions offer conflicting interpretations. Now that RICO penalties are available in civil copyright infringement cases, courts faced with resolving the ambiguities in the application of the criminal copyright infringement provisions will need to reconcile divergent policies. To effectuate its …

The Child As Victim And Perpetrator: Laws Punishing Juvenile "Sexting", Joanna L. Barry

Vanderbilt Journal of Entertainment & Technology Law

As penalties for child pornography increase in severity across the United States, new technologies and teenage ingenuity are creating problems that legislatures never considered. In response to the "sexting" phenomenon, prosecutors are charging minors under traditional child pornography laws--originally intended to punish adult behavior--with creating, possessing, and distributing child pornography. These charges carry severe penalties, including sex offender registration, and unfairly punish impulsive juveniles. Some states, conscious of prosecutors' and parents' struggle to respond to this behavior, are proposing new legislation, such as supplementing traditional child pornography charges with a new offense for sexting and allowing prosecutors to choose from …

Resurrecting The Promise Of Brown: Understanding And Remedying How The Supreme Court Reconstitutionalized Segregated Schools, Kimberly J. Robinson

Law Faculty Publications

The Supreme Court's decision in Brown v. Board of Education held that separate educational facilities were "inherently unequal." After tolerating substantial delay and evasion of the requirements of Brown, the Court eventually required school districts to dismantle the dual systems by eliminating all traces of separate schools and creating integrated schools. In contrast to numerous scholars that have contended that many of the Court's later school desegregation decisions withdrew from or grew weary of school desegregation, this Article argues that the effect of many of the Court's leading school desegregation decisions was to reconstitutionalize segregated schools. Furthermore, the Court's …

The Company Of Scoundrels, Ronald J. Bacigal

Law Faculty Publications

With respect to sentencing, double jeopardy analysis turns on whether Congress clearly expressed its intent to impose multiple punishments on repeat sex offenders. It is questioned whether Brett M. Shockley clearly demonstrated a violation of double jeopardy. While the constitutionality of the current laws remains in doubt, there is less doubt surrounding Shockley's attack on the wisdom of what Congress and the courts have wrought. Solution 1 proposes that life imprisonment be replaced by a maximum punishment of 25 years for repeat offenders. The downside to this pragmatic solution is that the government appears to be saying that it may …

Fallout From 14 Penn Plaza V. Pyett: Fractured Arbitration Systems In The Unionized Workplace, Ann C. Hodges

Law Faculty Publications

First, the article will review the history of arbitration of statutory employment claims, including the Pyett decision. Second, the article will look at the history and causes of legalism in arbitration. Then the article will consider the probable responses of employers and unions to Pyett. While predictions are necessarily speculative, it is likely that some unionized employers will seek to require employees to arbitrate statutory claims, perhaps in higher percentages than in the nonunion workplace. While unions may, and perhaps should, resist, many future collective bargaining agreements (CBAs) may contain such provisions. The article then discusses the alternative dispute resolution …

Lessons Learned From The Evolution Of Evolving Standards, Corinna Barrett Lain

Law Faculty Publications

In the discussion that follows, I explore the evolution of the "evolving standards" doctrine to make a point about its legitimacy and Supreme Court decisionmaking under the Cruel and Unusual Punishments Clause more generally. In Part I, I trace the origins of the doctrine to its present state. In Part II, I turn to lessons learned from the evolution of "evolving standards," questioning the textual defense of the doctrine and the constraining power of law itself. I conclude that while the "evolving standards" doctrine is problematic, it is not the crux of the problem. Supreme Court decisionmaking in the death …

The Marketing Value Of Graduate Certificate Programs In Higher Education: A Strategic Assessment, Susmitha Akula

Masters Theses

"The last five years have seen a significant increase in the popularity of non degree graduate certificates. This increase has raised questions about the value of graduate certificate programs from the perspective of students, alumni and industry employers. Do certificate programs provide real world skills and knowledge valuable to industry? Do they serve as effective recruiting tools for the university? Do they provide opportunities for students to meet their professional goals in terms of salary increase, promotions, and the like? The present research is specifically aimed at answering these questions. Surveys that assess perceptions of value of graduate certificates to …

Determining Attitudes Of Middle School History Teachers Toward Integrating Contextual Learning Projects Into The Core Curriculum, Amanda Roberts

OTS Master's Level Projects & Papers

The problem of this study was to determine the attitudes of middle school history teachers toward integration of contextual learning activities into their academic curriculum to enhance student learning.

Evaluation Of The Effectiveness Of Hands-On Corrosion Control Training Using Metered Resistance Measurements To Assess Sailors' Comprehension, Douglas Nichols

OTS Master's Level Projects & Papers

The problem of this study was to evaluate the success of combat systems topside preservation training using a cost effective method to self-assess the efficiency of shipboard corrosion control procedures.

Photography, Steelman Library, Chad Neuman

Syllabus Repository

No abstract provided.

Photography, Steelman Library, Chad Neuman

Syllabus Repository

No abstract provided.

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

Syllabus Repository

No abstract provided.

Table Of Contents, Editorial Board, Law School Faculty And Administration, Advisory Board, Advisory Council, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

UNLV Gaming Law Journal

No abstract provided.

A Post-Carcieri Vocabulary Exercise: What If "Now" Really Means "Then"?, Heidi M. Staudenmaier, Ruth K. Khalsa

UNLV Gaming Law Journal

When the Indian Reorganization Act1 (“IRA”) was passed in 1934, it officially defined an “Indian” as a member of a recognized tribe “now under federal jurisdiction.” For nearly three-quarters of a century, this definition of an Indian and an Indian tribe — hallmarked by the four-word phrase “now under federal jurisdiction” — guided federal policy and agency action on a host of matters, including management of federal lands, land-into-trust acquisitions made on behalf of tribes, and — after 1988 — application of the Indian Gaming Regulatory Act (“IGRA”).

In February 2009, however, the United States Supreme Court upended seventy-five years …

Betting On Dog Racing. The Next Legalised Gambling Opportunity In South Africa? A Cautionary Note From The Regulation Of Greyhound Racing In Great Britain, Marita Carnelley

UNLV Gaming Law Journal

This article commences with a brief overview of the history of dog racing in South Africa. It provides a synopsis of South Africa’s current legal position on dog racing and the betting thereon. The main question this article addresses is whether there is any policy reason why dog racing and wagering should not be legalised and regulated. Furthermore, some comments are included discussing how such regulation should fit into the broader existing gambling regulatory framework should the legislature make the decision to legalise dog racing and wagering.

The article concludes with a discussion of the greyhound racing industry in Britain …

Luck Of The Irish: Will The Casinos Tranform From Gaelic Grey To Gaelic Green $$, William N. Thompson

UNLV Gaming Law Journal

As the first decade of the twenty-first century evolved, Ireland was one of only two countries in the European Union that did not have legal, regulated casinos. The Irish Gaming and Lotteries Act of 1956 does not prohibit games with equal chances. Moreover, games can be conducted lawfully, according to the Act, if promoters assess minor seat charges to players, and “the promoter derives no personal profit from the promotion of the game.” Additionally, Part III of the 1956 law indicates that amusement centers can have slot machines that award small prizes. The Act also includes provisions for private lotteries, …

Sparks Nugget. State Tax Exemption Of Food Used By Casinos For Comped Meals, Steve Johnson

UNLV Gaming Law Journal

In their search for new sources of revenue, states have legalized and sought to tax many kinds of gaming. Forty-eight of the fifty states of the United States permit one or more types of legal gaming. An important technique in casino and some other types of gaming is giving “comps” – complimentary goods or services – to player-customers. A frequent type of comp is free meals on the casino premises or elsewhere. Gaming establishments also often give free meals to their employees.

Comps have been controversial for federal income tax purposes. A recent Nevada case, Sparks Nugget, and related cases …

Chinese Civil-Military Relations In The Post-Deng Era, Nan Li

CMSI Red Books

This study addresses two analytical questions: What has changed in Chinese civil-military relations during the post Deng Xiaoping era? What are the implications of this change for China's crisis management and its naval modernization?

Efficacy Of Singular And Stacked Brown Midrib 6 And 12 In The Modification Of Lignocellulose And Grain Chemistry, Scott E. Sattler, Deanna L. Funnell-Harris, Jeffrey F. Pedersen

Department of Agronomy and Horticulture: Faculty Publications

In sorghum, brown midrib (bmr) 6 and 12 impair the last two steps of monolignol synthesis. bmr genes were introduced into grain sorghum to improve the digestibility of lignocellulosic tissues for grazing or bioenergy uses following grain harvest. Near-isogenic grain sorghum hybrids (AWheatland X RTx430) were developed containing bmr6, bmr12, and the bmr6 bmr12 double mutant (stacked), and their impacts were assessed in a two-year field study. The bmr genes did not significantly impact grain or lignocellulosic tissue yield. Lignocellulosic tissue from bmr6, bmr12, and stacked hybrids had reduced lignin content and increased in …

Old Testament Survey, Steelman Library, G White

Syllabus Repository

No abstract provided.

High-Throughput Snp Discovery And Assay Development In Common Bean, David L. Hyten, Qijian Song, Edward W. Fickus, Charles V. Quigley, Jong-Sung Lim, Ik-Young Choi, Eun-Young Hwang, Marcial Pastor-Corrales, Perry B. Cregan

Department of Agronomy and Horticulture: Faculty Publications

Background: Next generation sequencing has significantly increased the speed at which single nucleotide polymorphisms (SNPs) can be discovered and subsequently used as molecular markers for research. Unfortunately, for species such as common bean (Phaseolus vulgaris L.) which do not have a whole genome sequence available, the use of next generation sequencing for SNP discovery is much more difficult and costly. To this end we developed a method which couples sequences obtained from the Roche 454-FLX system (454) with the Illumina Genome Analyzer (GA) for high-throughput SNP discovery. Results: Using a multi-tier reduced representation library we discovered a total of …

"The Thought Of What America": Ezra Pound’S Strange Optimism, John Gery

English Faculty Publications

Through a reconsideration of Ezra Pound’s early poem "Cantico del Sole" (1918), an apparently satiric look at American culture in the early twentieth century, this essay argues how the poem, in fact, expresses some of the tenets of Pound’s more radical hopes for American culture, both in his unorthodox critiques of the 1930s in ABC of Reading, Jefferson and/or Mussolini, and Guide to Kulchur and, more significantly, in his epic poem, The Cantos. The essay contends that, despite Pound’s controversial economic and political views in his prose (positions which contributed to his arrest for treason in 1945), …

Compositional Characteristics And Hydration Behavior Of Mineral Trioxide Aggregates, Wen-Hsi Wang, Chen-Ying Wang, Yow-Chyun Shyu, Cheing-Meei Liu, Feng-Huei Lin, Chun-Pin Lin

Journal of Dental Sciences

Mineral trioxide aggregate (MTA) was one of most popular biomaterials for endodontic treatment in the past decade. Its superb biocompatibility, sealing ability and surface for tissue adhesion all make MTA a potential candidate for many dental applications, such as apexification, perforation repair, repair of root resorption, and as a root-end filling material. There are many review articles regarding the physical, chemical and biological properties of MTA. However, there are few reviews discussing the relationship between the composition and hydration behavior of MTA. The aim of this article was to provide a systematic review regarding the compositional characteristics and hydration behavior …

Refractory Apical Periodontitis Associated With A Calculus-Like Deposit At The Root Apex, Cheng-Mei Yang, Yao-Dung Hsieh, Shue-Fen Yang

Journal of Dental Sciences

In this case report, we describe a refractory case in which a calculus-like deposit was found at the apical root surfaces of two adjacent teeth. This case involved a 45-year-old male with a sinus tract at the labial mucosa of the maxillary left central incisor, which did not heal after conventional root canal treatment of the maxillary left lateral incisor. Periradicular radiolucencies and unusual radio-opacities were noted on the root surfaces of the vital maxillary left central incisor and prior endodontically treated lateral incisor. Subsequent surgery found calculus-like particles at the root surface of both teeth. A pathology examination revealed …

Effects Of Implant Threads On The Contact Area And Stress Distribution Of Marginal Bone, Chia-Ching Lee, Shang-Chih Lin, Ming-Jen Kang, Shu-Wei Wu, Ping-Yuen Fu

Journal of Dental Sciences

Background/purpose Stable osseointegration between implant threads and the surrounding marginal bone provides the mechanical base of an implant for daily chewing activity. The contact area of implant-bone interfaces and the concentrated stresses on the marginal bones are principal concerns of implant designers. The purpose of this study was to investigate the effects of thread shape and taper on the initial stability of the implant-bone structure. Materials and methods The thread design was parameterized by shape and taper. Thread shapes included symmetrical, square, and buttressed. Thread tapers were divided into cylindrical and conical profiles. Nine variations of the thread design were …

Antimicrobial Resistance And Presence Of Integrons In Salmonella Isolated From Animals And Humans In The United States Of America And Uganda, Michael Wandanje Mahero

Food Safety

Salmonella has been cited as one of the leading causes of food borne illness world wide and in the United States (US), as well as an indicator organism for studying antimicrobial resistance (AMR) trends. The objective of this study was to characterise AMR patterns of Salmonella isolates from animals and humans in North Dakota, US, and Kampala, Uganda, and determine the association between the observed AMR and presence of class 1 integrons. Salmonella isolates were collected from the Veterinary Diagnostic Laboratory (VDL) at North Dakota State University and the North Dakota Department of Health respectively from 2003-2008. Samples were also …

The Civil Behavior Of Students: A Survey Of School Professionals, Keely Wilkins, Paul Caldarella, Rachel Crook-Lyon, K. Richard Young

Faculty Publications

Many authors regard education as a way of increasing civility in society, and some have implemented interventions to improve civility in schools. However, very little empirical data exist on the extent and nature of students' civil behavior. The present study systematically gathered data from 251 school professionals regarding their perceptions of students' civil and uncivil behaviors. Participants perceived students' civil behaviors as occurring more frequently than uncivil behaviors; however, they also indicated a need to increase civil behavior in schools. They provided suggestions on how to accomplish this goal, which include providing direct instruction, modeling civil behavior, incorporating positive behavior …

Development Of Cytarabine Prodrugs And Delivery Systems For Leukemia Treatment, Bhupender S. Chhikara, Keykavous Parang

Pharmacy Faculty Articles and Research

Importance of the field: Cytarabine is a polar nucleoside drug used for the treatment of myeloid leukemia and non-Hodgkin’s lymphoma. The drug has a short plasma half-life, low stability, and limited bioavailability. Overdosing of patients with continuous infusions may lead to side effects. Thus, various prodrug strategies and delivery systems have been extensively explored to enhance the half-life, stability, and delivery of cytarabine. Among the recent cytarabine prodrugs, amino acid conjugate ValCytarabine and fatty acid derivative CP-4055 (in phase 3 trials) have been investigated for the treatment of leukemia and solid tumors, respectively. Alternatively, delivery systems of cytarabine have …

Strategies For The Scientific Progress Of The Developing Countries In The New Millennium: The Case Of Serbia In Comparison With Slovenia And South Korea, Vuk Uskoković, Milica Ševkušić, Dragan P. Uskoković

Pharmacy Faculty Articles and Research

The underlying premise of this essay is the hypothesis that quality and significance of scientific research in any given society could be used as mirrors reflecting its true prosperity. By comparing the two cases of comparatively prosperous scientific management of South Korea and Slovenia, with the example of Serbia, illustrating the poor scientific and industrial productivity typically faced by the developing countries, a few general guidelines for the evolution of a society towards higher scientific and social prominence are outlined. It is argued that the most favourable pattern of growth should be based on the parallel progress in control of …

Major Challenges For The Modern Chemistry In Particular And Science In General, Vuk Uskoković

Pharmacy Faculty Articles and Research

In the past few hundred years, science has exerted an enormous influence on the way the world appears to human observers. Despite phenomenal accomplishments of science, science nowadays faces numerous challenges that threaten its continued success. As scientific inventions become embedded within human societies, the challenges are further multiplied. In this critical review, some of the critical challenges for the field of modern chemistry are discussed, including: (a) interlinking theoretical knowledge and experimental approaches; (b) implementing the principles of sustainability at the roots of the chemical design; (c) defining science from a philosophical perspective that acknowledges both pragmatic and realistic …