Digital Commons Network^™

Humanitarian Law Project And The Supreme Court's Construction Of Terrorism, Wadie E. Said

Publications

No abstract provided.

Music To Everyone's Ears: Binding Mediation In Music Rights Disputes, Matthew H. Ormsbee

Cardozo Journal of Conflict Resolution

Litigation has been the mainstay of copyright disputes since America's earliest copyright statute first permitted a cause of action for copyright infringement in 1790. While alternative dispute resolution ("ADR") has become more prevalent in other areas of the law, many copyright attorneys and their clients do not typically consider ADR processes a viable option because these processes are still relatively new to copyright law.

This Note proposes greater use of binding mediation, a specialized ADR process, in music rights disputes, which are fundamentally copyright infringement disputes. Section I discusses the background of copyright litigation and modern application of ADR in …

The Difficult With Regulating Network Neutrality, Eric Null

Cardozo Arts & Entertainment Law Journal

No abstract provided.

East Meets West: Introducing Sharia Into The Rules Governing International Arbitrations At The Bcdr-Aaa, Elana Levi-Tawil

Cardozo Journal of Conflict Resolution

As the size and complexity of international commercial transactions grow, parties to international commercial transactions are increasingly utilizing Alternative Dispute Resolution ("ADR") methods, specifically international commercial arbitration, to resolve the disputes that arise. However, since international commercial players first began to use international commercial arbitration to resolve these disputes, transnational recognition and enforcement of foreign arbitral awards has been a major issue. Since 1958, the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention"), an agreement executed by the United Nation's General Assembly, has vastly expanded the recognition and enforcement of foreign arbitral …

Salary Caps In Professional Sports: Closing The Kovalchuk Loophole In National Hockey League Player Contracts, Simon Bernstein

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Getting What They Are Owed: Restitution Fees For Victims Of Child Pornography, Jennifer Rothman

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the expansion of restitution liability to include possessors of child pornography, arguing that their actions cause distinct and ongoing harm to victims. It emphasizes that each possession or download revictimizes the child, invades their privacy, and perpetuates the market for such material, thus necessitating legal accountability and compensation.

Pregnancy Leave And Seniority Systems Under Title Vii: A Critique Of At&T; V. Hulteen, Polina Zhong

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Un Women: Jumping The Hurdles To Overcoming Gender Inequality, Or Falling Short Of Expectations?, Kerry Boyne

Cardozo Journal of Equal Rights & Social Justice

The note examines the challenges faced by UN Women in addressing the interconnected issues of the feminization of poverty and HIV/AIDS, particularly in developing countries. It argues that while UN Women represents a significant step forward with its consolidated structure and increased resources, its success in eradicating these issues depends on overcoming deeply entrenched gender inequalities, inadequate funding, and the effectiveness of its implementation strategies. The analysis highlights the need for UN Women to not only formulate norms but also ensure their proper incorporation and implementation at national and local levels.

Deliberative Look At Alternative Dispute Resolution And The Rule Of Law, A, Peter Muhlberger

Journal of Dispute Resolution

This paper critiques the foundations of Aragaki's analysis, but also gives credit on the importance of dealing with people as less than fully rational. The critique suggests, again, a deep commonality between DD and ADR and potential improvements to both approaches. True collaboration between these approaches, however, requires some re-theorizing of both, including a reconsideration of rationality itself. This paper will sketch some ways in which this might be achieved and, in particular, how DD theory and research may prove helpful for ADR.

The Effect Of B27 Supplement On Promoting In Vitro Propagation Of Her2/Neu-Transformed Mammary Tumorspheres, Yiben Gu, Jie Fu, Pang-Kuo Lo, Shunqi Wang, Qian Wang, Hexin Chen

Faculty Publications

A variety of human solid tumors, including breast cancer, are considered to embrace a hierarchical organization in which only rare tumor-initiating cancer stem cells are truly responsible for tumor formation. Cultivation of tumorspheres in non-adherent conditions is widely employed for enriching these putative cancer stem cells in vitro. However, the absence of a defined culture medium has handicapped further characterization and isolation of this cell population. In this study, we used mouse mammary tumor virus MMTV-HER2/neu transgenic mice that mimic the HER2/Neu-positive subtype of human breast cancer as a model system, and cultured primary tumor cells and tumorspheres from …

Specification Of Structural Viewer And Analytical Tool (Jecp/Svat), Xingzhong Li

Nebraska Center for Materials and Nanoscience: Faculty Publications

Java Electron Crystallography Package (JECP) is a collection of programs for crystallography and electron diffraction analysis. The package is designed and written by Dr. X.Z. Li. The software can be used as a research tool as well as a teaching aid. The need of a structural viewer/an analytical tool, using the same input data format as the JECP and proJECT software, becomes obvious with the growth of the JECP and proJECT programs and users. There exist many programs for structural design and/or display in various levels developed by individual, research group or software company. Some of them are expensive software …

Magnetism Of Cluster-Deposited Y–Co Nanoparticles, Balamuruga Balamurugan, Ralph Skomski, Xingzhong Li, V. R. Shah, George C. Hadjipanayis, Jeffrey E. Shield, David J. Sellmyer

Nebraska Center for Materials and Nanoscience: Faculty Publications

Nanoparticles of YCo₂, YCo_3, and YCo₅ are produced by cluster-deposition and investigated both structurally and magnetically. The nanoparticles have sizes of less than 10 nm and are superparamagnetic at 300 K, irrespective of stoichiometry. As-produced nanoparticles exhibit disordered structures with magnetic properties differing from those of the bulk particles. The temperature-dependent magnetization curves of the nanoparticles reveal blocking temperatures from 110 to 250 K, depending on stoichiometry. The magnetic anisotropy constant K₁ of disordered YCo₅ nanoparticles of 7.8 nm in size is 3.5×10⁶ergs/cm³, higher than those of the disordered YCo …

Using Exploratory Interviews To Re-Frame Planned Research On Classroom Issues, Julia Ellis, Vera Janjic-Watrich, Vicki Macris, Richelle Marynowski

Northwest Journal of Teacher Education

In this paper we describe and illustrate the use of an exploratory first interview to refine research questions or interviewing ideas prior to finalizing plans for a study about classroom issues or practices. Three researchers give accounts of their exploratory interviews concerning student “aliteracy,” the school experience of immigrant students, and mathematics teachers’ experience of assessment and grading. The researchers endeavored to acquire an holistic understanding of their participants’ experiences by: using open-ended questions about both the topic and the participants’ lives in general; asking participants to complete pre-interview activities such as drawings or diagrams about either the topic or …

Transformative Learning Through Cultural Immersion, Rebecca A. Addleman, Carol Jo Brazo, Tatiana Cevallos

Northwest Journal of Teacher Education

This qualitative study explored avenues to increase students’ intercultural competence through transformative learning. School of Education graduate students and faculty from a small, private university traveled to Ecuador to participate in a cultural immersion practicum. In addition to these primary goals, the trip was designed to facilitate transformative learning about cultural conceptions, diversity, and the dynamics of student differences with the goal of understanding one’s own cultural framework and adapting to another culture to develop empathy towards culturally and linguistically diverse students in the United States.

2011-2012 Lindenwood University Lcie Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University LCIE Course Catalog

2011-2012 Lindenwood University Undergraduate Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University Undergraduate Course Catalog

2011-2012 Lindenwood University-Belleville Graduate Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University-Belleville Course Catalog

2011-2012 Lindenwood University-Belleville Undergraduate Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University-Belleville Course Catalog

Information Leakage Through Second Hand Usb Flash Drives Within The United Kingdom, Widya Chaerani, Nathan Clarke, Christopher Bolan

Australian Digital Forensics Conference

The pervasiveness of flash based USB storage alongside increasing capacity and lowering price points has lead to a documented potential for information leakage. Such a potential is significantly raised when employees are able to use personal devices within a business environment with little regard to safe disposal practices. This study purchased a range of USB storage devices from UK based auction sites to determine what if any data was recoverable. The study found a total of 36136 recoverable files including a range of data detailing private information of previous owners, confidential corporate data, with twenty percent of the purchased USB …

Students’ Perception Of Project Assisted Learning, Edward E. Osakue, Graham Thomas

Faculty Publications

The need to provide students with learning experiences that can help them develop the knowledge and skills relevant to the workplace has been consistently raised by businesses. Project-Assisted Learning (PAL) and Project-Based Learning (PBL) are effective learning methods that closely match workplace situations. Several studies have documented the benefits of PAL and PBL from the perspectives of the educators. This article presents cases of learning experiences in which project assignment, a case of PAL, was used to enhance the learning experiences of the students. The influence of the project on their experiences was captured using a survey instrument that involved …

Table Of Contents - Issue 1

Journal of Dispute Resolution

No abstract provided.

Alternative Dispute Resolution And The Rule Of Law In International Development Cooperation, James Michel

Journal of Dispute Resolution

This paper briefly reviews the concept of development and related international cooperation. It then examines how the rule of law has been addressed in development programs and offers some thoughts about the contribution of ADR for advancing the rule of law and, in turn, contributing to human security, wellbeing, and dignity.

Japan's Business Revitalization Adr: An Economic Savior Or A Convenient Excuse To Avoid Bankruptcy?, Naoko Okamoto

Cardozo Journal of Conflict Resolution

This Note analyzes Japan's newly enacted "Business Revitalization Alternative Dispute Resolution" (ADR) and its effectiveness in revitalizing the Japanese economy. Due to ADR's economic and procedural ease, Business Revitalization ADR has been employed by companies undergoing revitalization processes and negotiating with creditors in extending debt payments. Nonetheless, ADR proceedings, specifically mediation between creditors and debtors, create only short-term economic value. Because of cultural characteristics of mediation and the nature of mediation in the business context in Japan, Business Revitalization ADR may be subject to abuse by companies that should have gone bankrupt. In fact, many companies may save themselves from …

Review Of Timothy O'Leary And Christopher Falzon's (Eds.) Foucault And Philosophy, Ladelle Mcwhorter

Philosophy Faculty Publications

"Philosopher" was a label that Michel Foucault sometimes resisted, especially in the earlier decades of his career, but Timothy O'Leary and Christopher Falzon have assembled an excellent anthology of articles demonstrating Foucault's engagement with and contributions to contemporary philosophical practice throughout his life's work. The book examines and situates Foucault's work in relation to several major strands of philosophical tradition. It consists of an introduction and one paper each by the editors and an additional nine papers by well-known Foucault scholars including Gary Gutting, Jana Sawicki, Amy Allen, and Paul Patton, among others. There is no lack of interpretive disagreement …

Decapitating Power, Ladelle Mcwhorter

Philosophy Faculty Publications

In “Society Must Be Defended” Foucault examines 17th century race war discourse not so much in order to understand 20th century racism or concepts of race but primarily because it constitutes an historical example of an attempt to think power without a head or king. This essay examines his account of race war discourse and the sources he used to construct it. It then takes issue with his claim that early race war discourse can be separated from 18th and 19th century racisms. Finally, it returns to the question of power and argues that the effect of the 1976 lecture …

Is ‘Argument’ Subject To The Product/Process Ambiguity?, G. C. Goddu

Philosophy Faculty Publications

The product/process distinction with regards to “argument” has a longstanding history and foundational role in argumentation theory. I shall argue that, regardless of one’s chosen ontology of arguments, arguments are not the product of some process of arguing. Hence, appeal to the distinction is distorting the very organizational foundations of argumentation theory and should be abandoned

On A Duty Of Humanitarian Intervention, David Lefkowitz

Philosophy Faculty Publications

Perhaps the most discussed topic amongst just war theorists during the 1990s was the moral (and legal) justifiability of armed humanitarian interventions. Not surprisingly, that changed after the 9/11 terrorists attacks and the invasions of Afghanistan and Iraq, with topics such as the morality of terrorism, torture, and preventive war receiving the lion's share of attention. Nevertheless, for reasons both good, such as the International Commission on Intervention and State Sovereignty's endorsement of a limited duty of intervention in its report, The Responsibility to Protect, and bad, such as the conflict in Darfur, the morality of humanitarian intervention remains …

Responsible Believing, Miriam S. Mccormick

Philosophy Faculty Publications

In most of our decisions as parents or educators concerning how we should talk to children about difficult subjects, the question turns to what degree we should withhold the truth, how much information we should provide, or what details are appropriate. We, as adults, know the answer to the child's question, and the difficulty arises in figuring out what to convey and how. Questions about death and the afterlife are not like this. We - and by "we;' I mean especially educated adults of the Western world - are often as confused about what we should believe about these matters …

Higher Micronutrient Intake Is Associated With Human Papillomavirus-Positive Head And Neck Cancer: A Case-Only Analysis, Anna E. Arthur, Sonia A. Duffy, Gloria I. Sanchez, Stephen B. Gruber, Jeffrey E. Terrell, James R. Hébert, Emily Light, Carol R. Bradford, Nisha J. D'Silva, Thomas E. Carey, Gregory T. Wolf, Karen E. Peterson, Laura S. Rozek

Faculty Publications

No studies have investigated dietary differences between head and neck squamous cell carcinoma (HNSCC) patients with human papillomavirus (HPV)-positive tumors and patients with HPV-negative tumors. This study was designed to investigate the relationship between diet and HPV status in HNSCC patients. Cases of HNSCC were recruited from 2 clinical centers participating in the University of Michigan Head and Neck Specialized Program of Research Excellence (SPORE). HPV tissue genotyping was performed, and epidemiological and dietary data collected. Multivariable logistic regression tested whether pretreatment consumption of 12 selected micronutrients was significantly associated with HPV-positive status in 143 patients newly diagnosed with cancer …

Effect Of Titanium Dioxide Supports On The Activity Of Pt-Ru Toward Electrochemical Oxidation Of Methanol, Roderick E. Fuentes, Brenda L. García, John W. Weidner

Faculty Publications

TiO₂and Nb-TiO₂ were investigated as stable supports for Pt-Ru electrocatalysts towards methanol oxidation. X-ray photo-electron spectroscopy (XPS) data for all these TiO₂-based supports show oxidation states of Ti⁴⁺, with no Ti³⁺, suggesting low electronic conductivity. However, the deposition of metal nanoparticles onto the supports at loadings of 60 wt% metal dramatically increased conductivity, making these electrodes (metal particles + support) suitable for electrochemistry even though the supports have low conductivity. For some of these TiO₂-based supports, the activity of Pt-Ru towards methanol oxidation was excellent, even surpassing the activity …