Digital Commons Network^™

When Does F*** Not Mean F***?: Fcc V. Fox Television Stations And A Call For Protecting Emotive Speech, W. Wat Hopkins

Federal Communications Law Journal

The Supreme Court of the United States does not always deal cogently with nontraditional language. The most recent example is FCC v. Fox Television Stations, in which the Justices became sidetracked into attempting to define the f-word and then to determine whether, when used as a fleeting expletive rather than repeatedly, the word is indecent for broadcast purposes. The Court would do well to avoid definitions and heed Justice John Marshall Harlan's advice in Cohen v. California to provide protection for the emotive, as well as the cognitive, element of speech

Antitrust Review Of The At&T/Tmobile Transaction, Allen P. Grunes, Maurice E. Stucke

Federal Communications Law Journal

In August 2011, the United States brought a landmark antitrust lawsuit to prevent the merger of two of the nation's four largest mobile wireless telecommunications services providers, AT&T Inc. and T-Mobile USA, Inc. But why are so many elected officials asking the Obama administration to intercede in the Department of Justice's lawsuit to force a settlement? Why are they approving a merger that would likely lead to higher prices, fewer jobs, less innovation, and higher taxes for their constituents? Does it have anything to do with the money they are receiving from AT&T and T-Mobile? This Article examines the recent …

Spectrum Reallocation And The National Broadband Plan, Jeffrey A. Eisenach

Federal Communications Law Journal

Of the several significant changes in United States telecommunications policy proposed by the National Broadband Plan, none are more substantial than its proposals for spectrum policy. In particular, the Plan proposes to reallocate 500 MHz of spectrum from broadcast television, mobile satellite, government and other current uses to "mobile broadband" through the use of innovative "incentive auctions" and other voluntary, market-oriented mechanisms. The Plan's spectrum proposals have the potential to be a major step forward in the decades-long, bipartisan effort to replace "command-and-control" spectrum allocation with a more flexible, dynamic and market-oriented approach. Considerable work remains to be done, however, …

Putting A Price On Dirt: The Need For Better-Defined Limits On Government Fees For Use Of The Public Right-Of- Way Under Section 253 Of The Telecommunications Act Of 1996, Thomas W. Snyder, William Fitzsimmons

Federal Communications Law Journal

This Article addresses the enactment and inconsistent application of Section 253 of Telecommunications Act of 1996 ("FTA"). Most courts initially held that Section 253 imposed strong limitations on local governments seeking to charge fees to telecommunications carriers for use of the public rights-of-way ("PROW') by generally limiting the fees to management costs. Unfortunately, recent cases allowed local governments broad latitude in charging PROW fees to generate revenue, even where the fees are used to subsidize other government services. These "revenue-generating" fees are dangerous to the development of competition and the deployment of Internet services, which were the two primary goals …

Masthead Vol.64 No.1 (2011)

Federal Communications Law Journal

No abstract provided.

Statewide Cable Franchising: Expand Nationwide Or Cut The Cord?, James G. Parker

Federal Communications Law Journal

In the name of increasing competition in the cable television market, Congress passed the Telecommunications Act of 1996. While this eliminated the barriers to entry using federal law, it did not change the nature of municipality-based cable system monopolies. In an effort to expand competition more quickly and efficiently, the phone companies (Verizon and AT&T) successfully supported legislation in at least twenty-five states that permits a single state application to compete statewide. This Note explores the varying approaches taken in the laws passed to date, analyzes the outcomes flowing from those implemented plans, and provides recommendations of the best practices …

Are You Ready For Some Football?: How Antitrust Laws Can Be Used To Break Up Directv's Exclusive Right To Telecast Nfl's Sunday Ticket Package, Ariel Y. Bublick

Federal Communications Law Journal

There is almost no question that football has become modem America's pastime. Football has never been more popular, and every Sunday people are clamoring to watch as many games as possible. The Sunday Ticket package allows viewers to watch any National Football League ("NFL") game being played at any given time. However, the NFL has only granted DirecTV the right to air the Sunday Ticket package, denying this excellent service to a majority of television viewers. By limiting the reach of the Sunday Ticket package, the NFL may be in violation of antitrust laws. This Note begins by explaining antitrust …

Feasibility Study And Best Practices For A Campus Community Garden On The University Of Arkansas Campus, Samantha Jones

Crop, Soil and Environmental Sciences Undergraduate Honors Theses

Although community gardening on college campuses is not a new concept, campus community gardens have recently grown in popularity. Campus community gardens, however, have not been extensively researched. In order to better understand campus community gardens and to determine the feasibility of a campus community garden at the University of Arkansas in Fayetteville (UAF), this study was conducted in three components. An online survey of 88 campus community gardens in the United States and Canada served as the first national survey of universities and colleges with campus community gardens. The survey included demographic information, management, funding, liabilities, risks, obstacles and …

Qualitative Research In Teaching Diversity In A Non-Diverse High School Setting Using Contemporary Art, Robin L. Reczek

Art Education Projects

Abstract

This qualitative action research study examined the effects of introducing diverse contemporary artworks into a non-diverse educational setting. For 3 months, 18 female high school students explored a range of artists, art styles, and artworks, in aid to discovering their own diverse qualities as well as the diversity of their classmates. Through participatory action research, I investigated how diverse contemporary artwork impacted student actions, discussions, and artworks. With the assistance of the transformative learning theory, I expected to convert students with non-accepting diversity views into unbiased young women. My research included data gathered from an assortment of alumni interviews, …

Individualism And Collectivism In A Korean Population, Diana D. Ahn

Scripps Senior Theses

Though much research has been conducted concerning the horizontal and vertical attributes of individualism and, not much has been done comparing and contrasting an Eastern culture, collectivism to a specific aspect of American culture, individualism, such as Korean American. The 32-item INDCOL scale was used to measure the 4 attributes (Singelis et al., 1995). Contrary to the proposed hypothesis, this study found high scores in horizontal individualism in Korean American participants and high scores in horizontal individualism and horizontal collectivism in Korean participants. These results could indicate a shift towards a different attribute in the Korean and Korean American community.

Logos And Psyche In Plato's Phaedo, Jesse I. Bailey

Philosophy, Theology and Religious Studies Faculty Publications

In this dissertation I argue that, according to the Phaedo, the ψυχή should not be understood as a reified, quasi-physical entity which can travel to another τόπος upon separation from the body; that is, the soul should not be understood as what came to be called a “spiritual substance.” Rather, I will show that the Phaedo presents the proper ontology of the soul to be based in an understanding of its characteristic activity. I will argue that this activity is revealed to be the gathering of multiplicities (‘parts’) into the intelligible unities (‘wholes’) which we experience. This gathering occurs in …

Transcript From Faculty Senate Meeting December 1, 2011, Frank Bove

The University of Akron Faculty Senate Chronicle

No abstract provided.

Where Did (S)He Get Those Skills? An Investigation Of Acrl’S Proficiencies For Instruction Librarians, Theresa Westbrock, Sarah Fabian

LOEX Conference Proceedings 2009

How and where are instruction librarians being trained as teachers? In 2007, ACRL approved a revised set of proficiencies for instruction librarians. Using these new proficiencies, we have repeated a 1993 study (Shonrock and Mulder) that investigated if and when librarians were learning teaching-related skills. Using these data, we will determine whether library schools have made adjustments to their programs based on the recommendations put forth by the earlier study. We will also focus on specific skills instruction librarians predominantly report learning on the job, in order to identify where leaders of in-house professional development programs might target their efforts.

Under Review: Getting To Know Arcgis Desktop, Richard Lisichenko

Journal of STEM Teacher Education

No abstract provided.

Policy Choices And Challenges In Expanding Access To Finance For Growth In Rural Nigeria., A. E. Akinlo

Economic and Financial Review

Rural finance is now recognised as an important tool in the fight to reduce poverty, increase growth and enhance donors‘ development effectiveness agenda. It encompasses all savings, lending, financing and risk-minimising opportunities (formal and informal) and related norms and institutions in rural areas. In addition to fostering rural development, rural finance is increasingly used as an incentive to promote sustainable use of natural resources, use of alternative energies, and environmentally-sound behaviour. However, despite the importance of rural finance for growth and the significant demand for financial services, financial service providers, such as banks, credit unions, microfinance institutions or insurance companies, …

Poly Press Association: Eliminating Silos Through Online Collaboration, Sarah Parr

Journalism

The silo effect creates boundaries and separation within parts of a larger organized entity. In order to overcome the silo effect, the entity must seek holistic ways to unite the parts. This paper addresses the need for a collective that serves students from all three concentrations in Cal Poly’s journalism department: news editorial, public relations, and broadcast. The collective, Poly Press Association, will feature student work, and provide comprehensive tutorials, internship opportunities/ratings, and student blogs. The Poly Press Association aims to help eliminate any boundaries between the three concentrations.

The "Strong Medicine" Of The Overbreadth Doctrine: When Statutory Exceptions Are No More Than A Placebo, Christopher A. Pierce

Federal Communications Law Journal

In United States v. Stevens, the United States Supreme Court invalidated a federal statute criminalizing the interstate sale and distribution of depictions of animal cruelty on First Amendment grounds. While Stevens demonstrates the Court's reluctance to create a new category of speech outside of First Amendment protection, Stevens also stands for the proposition that borrowing the exceptions clause from the Court's obscenity standard will not adequately protect a statute from invalidation as overbroad. This Note discusses the use of the obscenity standard's exceptions clause in nonobscenity statutes and the Court's treatment of the exceptions clause in Stevens. This Note concludes …

Second Look Commission 2011 Annual Report, Tennessee. Commission On Children And Youth.

Second Look Commission Annual Report

No abstract provided.

The Memphis Ballpark District - A Case Study Investigating The Global And Local Influences In The Recreation Of A Downtown Through Urban Architecture And Sport, Jillian Jung

Architecture Undergraduate Honors Theses

In the late twentieth century, Memphis, Tennessee was on the verge of destruction due to its neglectful past. Race and safety concerns continued to plague the city. The area was failing socially and economically. Memphis and its needs were generally ignored by its public. What needed to be done to recreate this urban center for talent and entertainment? What local influences and global patterns help sustain an urban downtown environment? How could Memphis reestablish its forgotten identity? What would be the ‘difference-maker?’ The goal of this thesis is to answer these questions by addressing the essential elements of urban planning …

Factors Determining Media Coverage Of Meat And Poultry Recalls: Evidence From The Ap Newswire, Thais Fregonesi Carvalho

Graduate Theses and Dissertations

Food safety is an important public health issue. Product recalls are an important part of the overall food safety system and occur when potentially unsafe products enter the marketplace. However, it is important that information about the recall ultimately reaches the public. This research assesses the publicity that recalls receive by the popular media. The focus is specifically on recalls of meat and poultry products. Publicity is measured by coverage in the AP Newswire. Data were gathered from the United States Department of Agriculture's Food Safety and Inspection Service (FSIS) and cover meat and poultry recalls from 1982 to 2009. …

Palestinian Film: Hyperreality, Narrative, And Ideology, Sarah Frances Hudson

Graduate Theses and Dissertations

Both sides of the Israeli-Palestinian conflict have developed diametrically opposed national narratives and identities that are both predicated on the concept of victimization. These narratives have developed into simulacral narratives as the result of the nature of their development. This paper deals with the Palestinian simulacral narrative which bolsters societal values, particularly the value of victimhood, that are crucial to coping with the prolonged conflict. The Western media, at any given moment during the conflict, has either accepted the concept of Palestinian's as victims of the conflict and the Palestinian simulacral narrative, or rejected it. The media then produces a …

Distribution Lmp-Based Economic Operation For Future Smart Grid, Fanjun Meng, Badrul H. Chowdhury

Electrical and Computer Engineering Faculty Research & Creative Works

A new methodology for calculating the distribution locational marginal prices (D-LMP) with distributed multi-agent paradigm is presented. the proposed D-LMP employs an optimal power flow methodology to evaluate the marginal energy component, especially for renewable generations, as well as the marginal congestion and loss components, which are critical for the valuation and settlement purposes. It is also illustrated that the D-LMP can be used as pricing signal to achieve maximum system social surplus and encourage distributed renewable energy penetration in distribution system. © 2011 IEEE.

Language Learning And Study Abroad: A Critical Reading Of The Research (Review), Elizabeth M. Kissling

Latin American, Latino and Iberian Studies Faculty Publications

Kinginger’s interpretation of the research represents an endorsement of the great potential of study abroad, balanced with several limitations and caveats. Kinginger argues that while study abroad generally results in increased proficiency and oral fluency, slightly superior to gains resulting from at-home formal study, one should note the design flaws of many studies such as lack of a true control group as well as reliance on monologic, situation-less tasks to measure language gains, even in the areas of discursive, pragmatic, and sociocultural competencies. Kinginger also notes that opportunities for learning language and cultural through interactions with native speakers can be …

In Context, Kate Felzien

College of Graduate Studies: Theses & Dissertations

The present thesis seeks to show the influences to my artwork and describe the body of work found in my thesis exhibition, In Context. The role of family and childhood are discussed and related to the work. The feminist writers bell hooks, Jane Tompkins, and Hélène Cixous are cited as influential to the initial exploration of my content. Artists discussed include Louise Bourgeois, Kiki Smith, Annette Messager, and Robert Rauschenberg. It is further shown how poetry and prose evolve as the catalyst for content for my work and how this enforces my belief that only through examining the personal can …

Information Outlook, December 2011, Special Libraries Association

Information Outlook, 2011

Volume 15, Issue 8

Portraying The Role Of Ezra Chater In Tom Stoppard's Arcadia, Joshua David Kellman

Graduate Theses and Dissertations

In January of 2011 I began working on the role of Ezra Chater

in Tom Stoppard's 1993 masterpiece

Arcadia . The production was under the

direction of Mavourneen Dwyer. After a month and a half of

rehearsal we opened on February 25th, 2011, and began a run of

performances that lasted until March 6th. Ezra Chater appears twice

over the course of the play, first in Act 1 scene 1, then in Act 1 Scene

III, and his character is integral to the mystery that connects the past

and present scenes together. In this paper I will be detailing the …

Institutionalization, Investment Adviser Regulation, And The Hedge Fund Problem, Anita K. Krug

UC Law Journal

This Article contends that more effective regulation of investment advisers could be achieved by recognizing that the growth of hedge funds, private equity funds, and other private funds in recent decades is a manifestation of institutionalization in the investment advisory context. That is, investment advisers today commonly advise these “institutions,” which have supplanted other, smaller investors as advisory clients. However, the federal securities statute governing investment advisers, the Investment Advisers Act of 1940, does not address the role of private funds as institutions that now intermediate those smaller investors’ relationships to investment advisers. Consistent with that failure, investment adviser regulation …

The Psychology Of Procedural Justice In The Federal Courts, Rebecca Hollander-Blumoff

UC Law Journal

This interdisciplinary Article examines our federal court system from the perspective of the psychology of procedural justice—that is, subjective perceptions about the fairness of process. The Article considers some of the central features of civil litigation from the standpoint of the psychology of procedural justice, highlighting some of the aspects of the system that are likely to increase perceptions of fair process, and exploring, conversely, rules and practices that may decrease those perceptions. The Article focuses on procedural justice in two contexts: basic rules and practices of civil procedure and more complex federal court doctrines that involve the allocation of …

Career Changers As First-Year Teachers In Rural Schools, Sara Winstead Fry, Holly Anderson

Curriculum, Instruction, and Foundational Studies Faculty Publications and Presentations

The challenges novice teachers face as they adjust to inservice teaching are well documented. However, relatively little attention has been given to beginning teachers in rural schools who have had previous careers in other professions. We used qualitative methods to examine the professional experiences and perceptions of four career-changing first-year teachers in rural schools, seeking to identify significant issues in their professional developmental processes. Three primary themes emerged: evidence of effectiveness as teachers; mentoring career changers, and; adjustment to rural school and community. We conclude with implications and recommendations for educators working to support this unique population of educators in …

Comparing The Understandability Of Alternative Data Warehouse Schemas: An Empirical Study, David Schuff, Karen Corral, Ozgur Turetken

IT and Supply Chain Management Faculty Publications and Presentations

An easily understood data warehouse model enables users to better identify and retrieve its data. It also makes it easier for users to suggest changes to its structure and content. Through an exploratory, empirical study, we compared the understandability of the star and traditional relational schemas. The results of our experiment contradict previous findings and show schema type did not lead to significant performance differences for a content identification task. Further, the relational schema actually led to slightly better results for a schema augmentation task. We discuss the implications of these findings for data warehouse design and future research.