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2011

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Equitable Estoppel To Compel Arbitration In New York: A Doctrine To Prevent Inequity, Matthew Berg Jan 2011

Equitable Estoppel To Compel Arbitration In New York: A Doctrine To Prevent Inequity, Matthew Berg

Cardozo Journal of Conflict Resolution

Arbitration, as a favored alternative to court systems, finds its validity in both state and federal law. The Federal Arbitration Act ("FAA") was enacted in 1925 unopposed, reflecting a strong favored alternative by the federal government to the Article III courts. This presumption was established in Section 2 of the FAA, which provides that contracts that include an arbitration clause "shall be valid, irrevocable, and enforceable" unless a court finds "grounds as exist at law or in equity for the revocation of any contract [or clause]."


How New Ftc Guidelines On Endorsement And Testimonials Will Affect Traditional And New Media, Jason Goldstein Jan 2011

How New Ftc Guidelines On Endorsement And Testimonials Will Affect Traditional And New Media, Jason Goldstein

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 28, Iss. 3 Jan 2011

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 28, Iss. 3

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Present (User-Generated Crisis) Is The Past (1909 Copyright Act): An Essay Theorizing The "Traditional Contours Of Copyright" Language, W. Ron Gard, Elizabeth Townsend Gard Jan 2011

The Present (User-Generated Crisis) Is The Past (1909 Copyright Act): An Essay Theorizing The "Traditional Contours Of Copyright" Language, W. Ron Gard, Elizabeth Townsend Gard

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Reframing Indigenous Cultural Artifacts Disputes: An Intellectual Property-Based Approach, Cortelyou C. Kenney Jan 2011

Reframing Indigenous Cultural Artifacts Disputes: An Intellectual Property-Based Approach, Cortelyou C. Kenney

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Going Pro In Sports: Providing Guidance To Student-Athletes In A Complicated Legal & Regulatory Environment, Glenn M. Wong, Warren Zola, Chris Deubert Jan 2011

Going Pro In Sports: Providing Guidance To Student-Athletes In A Complicated Legal & Regulatory Environment, Glenn M. Wong, Warren Zola, Chris Deubert

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Reforming The Non-Obviousness Judicial Inquiry, Michelle Ernst Jan 2011

Reforming The Non-Obviousness Judicial Inquiry, Michelle Ernst

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Did The Mlbpa Strike Out? An Analysis Of Union Liability In Major League Baseball's Anonymous 2003 Steroid Testing, David Adelsberg Jan 2011

Did The Mlbpa Strike Out? An Analysis Of Union Liability In Major League Baseball's Anonymous 2003 Steroid Testing, David Adelsberg

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 29, Iss. 1 Jan 2011

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 29, Iss. 1

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Flexible Remedies As A Means To Counteract Failures In Copyright Law, Orit Fischman Afori Jan 2011

Flexible Remedies As A Means To Counteract Failures In Copyright Law, Orit Fischman Afori

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Silence And Postmodern Copyright, Matt Williams Jan 2011

Silence And Postmodern Copyright, Matt Williams

Cardozo Arts & Entertainment Law Journal

No abstract provided.


One Web To Unite Us All: Bridging The Digital Divide, Brooke Menschel Jan 2011

One Web To Unite Us All: Bridging The Digital Divide, Brooke Menschel

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Back To The Future[S]: A Critical Look At The Film Futures Ban, Paul G. Anderson Jan 2011

Back To The Future[S]: A Critical Look At The Film Futures Ban, Paul G. Anderson

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 29, Iss. 2 Jan 2011

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 29, Iss. 2

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Censoring Crimes, Barak Y. Orbach, Allison S. Woolston Jan 2011

Censoring Crimes, Barak Y. Orbach, Allison S. Woolston

Cardozo Arts & Entertainment Law Journal

Concerns regarding the harmful influence of films on youth and adults have always motivated censorship and justified, in some minds, greater government control over content. Many motion pictures portray illegal conduct-theft, robbery, embezzlement, arson, drug dealing, assault, rape, murder, treason, and other crimes. In most instances, commission of the underlying crime is not needed for the production of the film. Despite the perpetual fear of the "capacity for evil" of films, the legality of motion pictures that commercialize crimes has not been studied as a concept. This Essay explores the reasons for this neglect and examines the problems this omission …


American Library Association, Bradburn, And The Movement To Censor The Internet, Olivia J. Greer Jan 2011

American Library Association, Bradburn, And The Movement To Censor The Internet, Olivia J. Greer

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Substantially Perfect: The Southern District Of New York's Problematic Rewrite Of The Dmca's Elements Of Notification, Jeremy A. Schachter Jan 2011

Substantially Perfect: The Southern District Of New York's Problematic Rewrite Of The Dmca's Elements Of Notification, Jeremy A. Schachter

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 29, Iss. 3 Jan 2011

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 29, Iss. 3

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Abolishing State Trademark Registrations, Lee Ann W. Lockridge Jan 2011

Abolishing State Trademark Registrations, Lee Ann W. Lockridge

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Joining Or Changing The Conversation? Catholic Social Thought And Intellectual Property, Frank Pasquale Jan 2011

Joining Or Changing The Conversation? Catholic Social Thought And Intellectual Property, Frank Pasquale

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Orphaned Art Consignors: Confusion In The Courts And The Ucc, Michael Madigan Jan 2011

Orphaned Art Consignors: Confusion In The Courts And The Ucc, Michael Madigan

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Improving Community College Faculty Effectiveness Through Technology-Based Learning Communities, David Mark Peter Jan 2011

Improving Community College Faculty Effectiveness Through Technology-Based Learning Communities, David Mark Peter

Walden Dissertations and Doctoral Studies

College faculty members are often inadequately prepared to use technology in their classrooms. They often learn technology without institutional support, and without understanding technology's impact on student learning. As a result of these shortcomings, the use of technology in the college classroom is often not systematic or focused on improving learning. This study used a conceptual framework based on Wenger's learning community or community of practice idea. This study examined a Midwestern university where faculty made only limited use of classroom technology and did not demonstrate contemporary approaches to student learning. The study set out to determine the impact of …


Forage Nutritional Quality Evaluation Of Bahiagrass Selections During Autumn In Florida, Robert Myer, Ann Blount, Samuel Coleman, Jeffery Carter Jan 2011

Forage Nutritional Quality Evaluation Of Bahiagrass Selections During Autumn In Florida, Robert Myer, Ann Blount, Samuel Coleman, Jeffery Carter

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Bahiagrass (Paspalum notatum Flugge) is the major pasture forage in the southern Gulf Coast, USA. A bahiagrass selection breeding program has been ongoing since 1960 at the Coastal Plain Experiment Station at Tifton, Georgia, USA, to increase forage yield in Pensacola (P. notatum var. sanese) bahiagrass. However, the impact of selecting for forage yield on forage nutritional quality is unknown. Forage quality was evaluated on four Pensacola derived selection cycles (C) of bahiagrass [C0 (Pensacola), C4, C9 (Tifton 9), and C23]. A total of 175 plants per cycle were grown. Forage from individual 1-year-old plants was harvested by …


Dehydration Of Pollock Skin Prior To Gelatin Production, Cindy K. Bower, Roberto J. Avena-Bustillos, Katie A. Hietala, Cristina Bilbao-Sainz, Carl W. Olsen, Tara H. Mchugh Jan 2011

Dehydration Of Pollock Skin Prior To Gelatin Production, Cindy K. Bower, Roberto J. Avena-Bustillos, Katie A. Hietala, Cristina Bilbao-Sainz, Carl W. Olsen, Tara H. Mchugh

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Alaska pollock (Theragra chalcogramma) is the U.S.A.’s largest commercial fishery, with an annual catch of over 1 million tons. During pollock processing, the skins are discarded ormade into fish meal, despite their value for gelatin production. The absence of gelatin-processing facilities in Alaska necessitates drying of the skins before transport to decrease the moisture content, but conventional hot-air drying is expensive. This study evaluated a less energy-intensive technology, the use of desiccants for reducing water weight in pollock skins prior to shipment. To ensure that the functional properties of gelatin obtained from dried pollock skins were not affected …


Isolation And Characterisation Of The First Microsatellite Markers For Cyperus Rotundus, R. S. Arias, W. T. Molin, J. D. Ray, M. D. Peel, B. E. Scheffler Jan 2011

Isolation And Characterisation Of The First Microsatellite Markers For Cyperus Rotundus, R. S. Arias, W. T. Molin, J. D. Ray, M. D. Peel, B. E. Scheffler

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

This is the first report of microsatellite markers for Cyperus rotundus. A total of 191 sequence-specific microsatellite markers were isolated and used to screen
12 accessions of C. rotundus and one accession of Cyperus esculentus collected from 10 different countries. Polymorphisms were observed in 49% of the markers tested, 22% of the markers were monomorphic and 29% had weak or no amplification. The best 57 markers are reported, and cluster analysis was used to analyse their resolving power. BLASTx screening of the contig sequences was also performed. Multiallelic loci over all samples ranged from 24% to 60%. The maximum …


Genetic Variability Among Isolates Of Fusarium Oxysporum From Sugar Beet, A. L. Hill, P. A. Reeves, R. L. Larson, A. L. Fenwick, L. E. Hanson, L. Panella Jan 2011

Genetic Variability Among Isolates Of Fusarium Oxysporum From Sugar Beet, A. L. Hill, P. A. Reeves, R. L. Larson, A. L. Fenwick, L. E. Hanson, L. Panella

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Fusarium yellows, caused by the soil-borne fungus Fusarium oxysporum f. sp. betae (Fob), can lead to significant yield losses in sugar beet. This fungus is variable in pathogenicity, morphology, host range and symptom production, and is not a well characterized pathogen on sugar beet. From 1998 to 2003, 86 isolates of F. oxysporum and 20 other Fusarium species from sugar beet, along with four F. oxysporum isolates from dry bean and five from spinach, were obtained from diseased plants and characterized for pathogenicity to sugar beet. A group of sugar beet Fusarium isolates from different geographic areas (including nonpathogenic and …


Pathogenicity And Molecular Characterization Of Emerging Porcine Reproductive And Respiratory Syndrome Virus In Vietnam In 2007, S. Metwally, F. Mohamed, K. Faaberg, T. Burrage, M. Prarat, K. Moran, A. Bracht, G. Mayr, M. Berninger, L. Koster, T. L. To, V. L. Nguyen, M. Reising, J. Landgraf, L. Cox, J. Lubroth, C. Carrillo Jan 2011

Pathogenicity And Molecular Characterization Of Emerging Porcine Reproductive And Respiratory Syndrome Virus In Vietnam In 2007, S. Metwally, F. Mohamed, K. Faaberg, T. Burrage, M. Prarat, K. Moran, A. Bracht, G. Mayr, M. Berninger, L. Koster, T. L. To, V. L. Nguyen, M. Reising, J. Landgraf, L. Cox, J. Lubroth, C. Carrillo

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

In 2007, Vietnam experienced swine disease outbreaks causing clinical signs similar to the ‘porcine high fever disease’ that occurred in China during 2006. Analysis of diagnostic samples from the disease outbreaks in Vietnam identified porcine reproductive and respiratory syndrome virus (PRRSV) and porcine circovirus type 2 (PCV-2). Additionally, Escherichia coli and Streptococcus equi subspecies zooepidemicus were cultured from lung and spleen, and Streptococcus suis from one spleen sample. Genetic characterization of the Vietnamese PRRSV isolates revealed that this virus belongs to the North American genotype (type 2) with a high nucleotide identity to the recently reported Chinese strains. Amino acid …


Performance Of Larval Florida Pompano Fed Nauplii Of The Calanoid Copepod Pseudodiaptomus Pelagicus, Eric J. Cassiano, Cortney L. Ohs, Charles R. Weirich, Nancy E. Breen, Andrew L. Rhyne Jan 2011

Performance Of Larval Florida Pompano Fed Nauplii Of The Calanoid Copepod Pseudodiaptomus Pelagicus, Eric J. Cassiano, Cortney L. Ohs, Charles R. Weirich, Nancy E. Breen, Andrew L. Rhyne

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

The Florida pompano Trachinotus carolinus is a highly prized marine fish species, the larviculture of which currently includes the feeding of live rotifers and nauplii of brine shrimp Artemia spp. However, no previous studies have evaluated the feeding of copepod nauplii. In this study, the growth and survival of Florida pompano larvae fed nauplii of the calanoid copepod Pseudodiaptomus pelagicus were compared with those of larvae fed the standard reference diet of enriched rotifers Brachionus plicatilis. Experiments were conducted during the first 7–9 d posthatch (DPH), a period preceding the provision of Artemia nauplii. Treatments included feeding only copepod …


Whole-Body And Muscle Protein Metabolism Are Not Affected By Acute Deviations From Habitual Protein Intake In Older Men: The Hormonal Regulators Of Muscle And Metabolism In Aging (Horma) Study, Kevin E. Yarasheski, Carmen Castaneda-Sceppa, Jiaxiu He, Miwa Kawakubo, Shalender Bhasin, Ellen F. Binder, E. Todd Schroeder, Ronenn Roubenoff, Stan P. Azen, Fred R. Sattler Jan 2011

Whole-Body And Muscle Protein Metabolism Are Not Affected By Acute Deviations From Habitual Protein Intake In Older Men: The Hormonal Regulators Of Muscle And Metabolism In Aging (Horma) Study, Kevin E. Yarasheski, Carmen Castaneda-Sceppa, Jiaxiu He, Miwa Kawakubo, Shalender Bhasin, Ellen F. Binder, E. Todd Schroeder, Ronenn Roubenoff, Stan P. Azen, Fred R. Sattler

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Background:

Acute deviations in protein intake before the quantification of protein kinetics in older humans may explain the controversy over the effects of older age on muscle protein synthesis and proteolysis rates.

Objective:

We hypothesized that an acute decrease in protein intake from the habitual intake is associated with lower muscle protein synthesis and higher proteolysis rates, whereas an acute increase in protein intake from the habitual intake is associated with higher muscle protein synthesis and lower proteolysis rates.

Design:

In 112 community-dwelling healthy men aged 65–90 y, we quantified resting whole-body [1,2-13C2]leucine kinetics, muscle mixed …


Relative Contributions Of Animal And Muscle Effects To Variation In Beef Lean Color Stability, D. A. King, S. D. Shackelford, T. L. Wheeler Jan 2011

Relative Contributions Of Animal And Muscle Effects To Variation In Beef Lean Color Stability, D. A. King, S. D. Shackelford, T. L. Wheeler

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Muscles from beef carcasses (n = 100) were selected from a commercial processor and aged for 14 d. Longissimus lumborum (LL), semimembranosus (SM), biceps femoris (BF), gluteus medius (GM), triceps brachii (TB), rectus femoris, vastus lateralis, adductor, semitendinosus, infraspinatus, teres major, biceps femoris ischiatic head, biceps femoris sirloin cap, and gracillus steaks were placed in display for 9 d. Instrumental color variables [lightness (L*), redness (a*), yellowness (b*), hue angle, chroma, and overall color change from d 0 (ΔE)] were determined on d 0, 1, 3, 6, and 9 of display. Muscle pH and myoglobin content were determined for LL, …