Digital Commons Network^™

Privacy And The Right Of Free Expression, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

Nobody likes to be talked about but everybody likes to talk. Trying to stop the dissemination of private information is, however, an impingement on free expression and the freedom to observe. A freestanding “right of privacy” that violates these interests is constitutionally permissible only if it can be justified using one of the standard bases for allowing restrictions on First Amendment rights. The three most likely possibilities are that the law in question: (1) can pass strict scrutiny, (2) fall within a recognized “categorical” exception, or (3) places only an “incidental” burden on First Amendment interests. Of these three, only …

Mfa12 (Mfa 2012), Sam Fox School Of Design & Visual Arts, Mildred Lane Kemper Art Museum, Buzz Spector, Patricia Olynyk, Ifeoma Ugonnwa Anyaeji, Je Baker, Natalie Baldeon, E. Thurston Belmer, Lauren Cardenas, Megan Sue Collins, Adrian Cox, Maya Durham, Erin Falker, Jieun Kim, Howard Krohn, Robert Long, Marie Bannerot Mcinerney, Nikki Mcmahan, Michael T. Meier, Katie Millitzer, Reid G. Norris, Kathleen Perniciaro, Emily Squires, Jamie Presson Wells, Whitney Lorene Wood, Andrew Woodard, Kelly K. Wright

Books and Monographs

Catalogue of a culminating student exhibition held at the Mildred Lane Kemper Art Museum May 4-Aug. 6, 2012. Contents include Introduction / Buzz Spector -- Think, make, show and tell / Patricia Olynyk -- Ifeoma Ugonnwa Anyaeji -- J.E. Baker / Elissa Yukiko Weichbrodt -- Natalie Baldeon / Emily Hanson -- As in a turning gear : E. Thurston Belmer / Rickey Laurentiis -- Lauren Cardenas / Nicholas Tamarkin -- Megan Sue Collins / Catherine Chiodo -- Adrian Cox -- Maya Durham / Dolly Laninga -- Erin Falker / Melissa Olson -- St. Louis dreamscape : Jieun Kim / Caitlin …

Travels Of The Criminal Question: Cultural Embeddedness And Diffusion [Book Review], Mark Findlay

Research Collection Yong Pung How School Of Law

No abstract provided.

Human Rights, The European Union, And The Treaty Route: From Maastricht To Lisbon, Elizabeth F. Defeis

Fordham International Law Journal

No abstract provided.

The Latino Community In Multnomah County: An Unsettling Profile, Ann Curry-Stevens, Amanda Cross-Hemmer, Coalition Of Communities Of Color

School of Social Work Faculty Publications and Presentations

Our report, "The Latino Community in Multnomah County: An Unsettling Profile" uncovers an array of racial inequities across the systems of income, employment, education, juvenile justice, corrections, child welfare, philanthropic giving, housing, immigration, research practices (particularly population measurement), wealth, health, health insurance coverage, racial harassment, public service and voter registration. These systems maintain our second-class status and serve to limit our current well being and the prospects for a bright future for our children.

Forensics As A Correlate Of Graduate School Success, Todd T. Holm, Heather J. Carmack

Journal of the Association for Communication Administration

Forensics is an extremely popular extracurricular activity in the communication discipline and often provides competitors with skills required for success in graduate school. This exploratory study examines the relationships between forensics competition and success in graduate school. Through a survey of 169 graduate students, we compare graduate students with a forensics background (n = 35) and those without a forensics background (n = 134). The study generates several important findings. First, graduate students who competed in forensics report higher levels success in graduate school and are more likely to present conference papers and publish in academic journals. Second, the level …

From The Perspective Of A University President, Thomas J. Hynes Jr.

Journal of the Association for Communication Administration

No abstract provided.

Complete Issue, Volume 31, Issue 1

Journal of the Association for Communication Administration

This is the complete issue for Volume 31, Issue 1 of the Journal of the Association for Communication Administration.

Complete Issue, Volume 31, Issue 2

Journal of the Association for Communication Administration

This is the complete issue for Volume 31, Issue 2 of the Journal of the Association for Communication Administration.

Star Messengers, Paul Zimet, Ellen Maddow, Smith College. Kahn Liberal Arts Institute

Theses, Dissertations, and Projects

Star Messengers is a musical theater work about two scientists, Galileo Galilei and Johannes Kepler, who changed our view of the universe. Writer Paul Zimet and composer Ellen Maddow have created a carnival of genres—opera, Commedia dell'Arte, Strindbergian Dream Play, and contemporary dance/theater—to produce a theatrical language that conveys the wonder of Galileo's and Kepler's discoveries. While some aspects of Galileo's life and discoveries are well known, hardly anything is popularly known of his scientific contemporaries. Johannes Kepler's realization that the planets moved not in perfect circles, but in elliptical paths, was a leap of mind as extraordinary as that …

Racial Cartels And The Thirteenth Amendment Enforcement Power, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.

The Metaphysics Of Improvisation, Tobyn C. Demarco

Dissertations, Theses, and Capstone Projects

In "The Metaphysics of Improvisation," I criticize wrongheaded metaphysical views of, and theories about, improvisation, and put forward a cogent metaphysical theory of improvisation, which includes action theory, an analysis of the relevant genetic and aesthetic properties, and ontology (work-hood).

The dissertation has two Parts. Part I is a survey of the history of many improvisational practices, and of the concept of improvisation. Here I delineate, sketch, and sort out the often vague boundaries between improvising and non-improvising within many art forms and genres, including music, dance, theatre, motion pictures, painting, and literature. In addition, I discuss the concept of …

When Is Artification?, Roberta Shapiro, Nathalie Heinich

Contemporary Aesthetics (Journal Archive)

How do people do or make things that come to be seen as works of art? In other words, when is there artification? The answer to this question is simultaneously symbolic, material, and contextual. It has to do with meanings, objects, interaction, and institutions. We seek to define not what art is nor how it should be considered, but how and under what circumstances it comes about by way of methodical observation and inquiry in a variety of fields. Circus acrobats, break-dancers, fashion designers, chefs, graffiti artists, printers, photographers, and jazz musicians are some of the examples we explore. This …

The Voice Of The Negro: African American Radio, Wvon, And The Struggle For Civil Rights In Chicago, Jennifer Searcy

Dissertations

Little historical research has been done on the role that radio stations in the northern United States played in spreading information related to the Civil Rights Movement. Owned and operated by Chess Records label owners Leonard and Phil Chess, the Chicago radio station WVON 1450 AM, "The Voice of the Negro," was one of the most popular African American radio stations in the country during the 1960s. This dissertation explores how WVON served not only as a lucrative marketing outlet for the label's music and for the national rhythm and blues and soul music industry, but also as a driving …

Decoding First Amendment Coverage Of Computer Source Code In The Age Of Youtube, Facebook And The Arab Spring, Jorge Roig

Scholarly Works

Computer source code is the lifeblood of the Internet. It is also the brick and mortar of cyberspace. As such, it has been argued that the degree of control that a government can wield over code can be a powerful tool for controlling new technologies. With the advent and proliferation in the Internet of social networking media and platforms for the publication and sharing of user-generated content, the ability of individuals across the world to communicate with each other has reached truly revolutionary dimensions. The influence of Facebook in the popular revolutions of the Arab Spring has been well documented. …

Not So Obvious After All: Patent Law's Nonobviousness Requirement, Ksr, And The Fear Of Hindsight Bias, Glynn S. Lunney Jr., Christian T. Johnson

Georgia Law Review

Before the creation of the Federal Circuit in 1982,
nonobviousness served as the primary gatekeeper for
patents. When patent holders sued for infringement and
lost, more than sixty percent of the time, they lost on the
grounds that their patent was obvious. With the advent of
the Federal Circuit, nonobviousness became a much less
difficult hurdle to surmount. From 1982 until 2005, when
patent holders sued for infringement and lost, obviousness
was the reason in less than fifteen percent of the cases.
While obviousness remained formally a requirement of
patent protection, there can be little doubt that the Federal
Circuit …

Faculty Senate Directory, 2012-2013, Unm Faculty Senate

Faculty Senate Documents

No abstract provided.

The Bowl Championship Series, Conference Realignment And The Major College Football Oligopoly: Revolution Not Reform, Alfred Dennis Mathewson

Faculty Scholarship

The legality of the Bowl Championship Series under the federal antitrust laws has been the subject of much scholarly commentary and Congressional inquiry. The results have been mixed but the majority view seems to be that the BCS passes muster under the Sherman Act. Most of the commentary has examined the application of Section 1 with only passing attention to Section 2. This article makes three points. First, it argues that the focus on the BCS has obscured the attention to a broader set of economic issues relating to the structure of the major college football industry. The Bowl Championship …

Out Of Sight, Out Of Legal Recourse: Interpreting And Revising Title Vii To Prohibit Workplace Segregation Premised On Religion, Dawinder S. Sidhu

Faculty Scholarship

The purpose of this article is to argue that the federal courts’ prevailing interpretation of Title VII with respect to religious attire in the workplace is inconsistent with the law. I maintain that Title VII prohibits employers from either placing employees in the back or refusing to hire individuals with conspicuous articles of faith due to any actual or perceived social discomfort with the employee’s religion-based appearance. I am persuaded of this for two independent reasons. First, placing an employee out of public view does not constitute a “reasonable accommodation” under Title VII because the statute’s general anti-discrimination provision expressly …

Logistics Modeling And Project Management Practices For Contingency Basing, Amanda Jo Gealy

Masters Theses

"Contingency basing is a critical factor in mission success but requires significant logistical and commander support. Designing and constructing a camp that is safe, secure, and self-sustaining can be a difficult task for a Contingency Basing engineering manager. The infrastructure for basic needs such as electricity, fuel, water, food, and waste management is critical and needs to be flexible.

This research focuses on assisting the Contingency Basing engineering manager in designing and constructing a feasible base camp using project management and modeling tools. Measuring scalability and resiliency with in the contingency base was studied as well. The methodology concentrates on …

Producing Early Modern Space And The Mind In Public And Closet Drama, Megan M. Gallagher

Dissertations and Theses @ UNI

The construction of space has become such a common process for modernity that its culture would argue spatial experiences as intrinsic in nature. However, it is through the consideration of the experience of space and spatial boundaries one notices the cooperative nature of space. This thesis explores the early modem constructions of space and the development of the modem idea of the mind through the closet dramas of John Milton (Samson Agonistes) and Elizabeth Cary (The Tragedy of Mariam the Fair Queen of the Jewry), and the public dramas of William Shakespeare (Measure for Measure and Julius Caesar). Our notions …

Seeing The Value: Why The Visual Arts Have A Place In The English Language Arts Classroom, Robert M. Jordan, Michael Dicicco

Language Arts Journal of Michigan

No abstract provided.

A Rollicking Band Of Pirates: Licensing The Exclusive Right Of Public Performance In The Theatre Industry, Shane D. Valenzi

Vanderbilt Journal of Entertainment & Technology Law

With ticket prices on Broadway at an all-time high, amateur and regional theatres are the only venues for theatrical productions to which most Americans are exposed. Licensing these performance rights--known as "stock and amateur rights"--is the primary source of income for many playwrights, even for those whose plays flopped at the highest level. However, the licensing houses responsible for facilitating these transactions frequently retain and exercise the ability to issue exclusive performance licenses to certain large regional theatres. This practice limits public access to particular works and restricts playwrights' potential earnings in those works. Though this behavior does not amount …

Copyright's Creative Hierarchy In The Performing Arts, Michael W. Carroll

Vanderbilt Journal of Entertainment & Technology Law

Copyright law grants authors certain rights of creative control over their works. This Article argues that these rights of creative control are too strong when applied to the performing arts because they fail to take account of the mutual dependence between writers and performers to fully realize the work in performance. This failure is particularly problematic in cases in which the author of a source work, such as a play or a choreographic work, imposes content-based restrictions on how a third party may render the work in performance. This Article then explores how Congress might craft a statutory license to …

Three Theories Of Copyright In Ratings, James Grimmelmann

Vanderbilt Journal of Entertainment & Technology Law

Are ratings copyrightable? The answer depends on what ratings are. As a history of copyright in ratings shows, some courts treat them as unoriginal facts, some treat them as creative opinions, and some treat them as troubling self-fulfilling prophecies. The push and pull among these three theories explains why ratings are such a difficult boundary case for copyright, both doctrinally and theoretically. The fact-opinion tension creates a perverse incentive for raters: the less useful a rating, the more copyrightable it looks. Self-fulfilling ratings are the most troubling of all: copyright's usual balance between incentives and access becomes indeterminate when ratings …

Electronic Field Production, Steelman Library, Roxane Griner

Syllabus Repository

No abstract provided.

Life Skills Center, Jeremiah Simones

Architecture Theses

This thesis revolves around the concept of inspiring and reviving the youth and communities of Phillips and Powderhorn Park in Minneapolis, Minnesota, through a Life Skills Center that will promote growth and development. There is a problem with the educational system in place today. There is not enough emphasis on learning life skills and too much emphasis on evaluation through formal testing and marking. This thesis intends to explore the options and benefits not yet developed in today’s education. Society should not forget to be educating America’s young with the skills and knowledge that they will need in everyday life. …

Hopeful Youth, Jacob Zikmund

Architecture Theses

This thesis examines the question, how can architecture encourage positive relationships and inspire hope in young cancer patients? The project will study the affects of the natural and built environment and what role it plays on children with cancer. The ultimate goal is to create a space where children with cancer can have fun, relate to one another, and better gain a sense of hope and increase in morale. It is a 25,000 square foot children’s cancer recreational center located in Madeline Island, Wisconsin. This thesis presents a model for a new typology and addresses the issue of children being …

Designing For All Seasons, Megann Long Voelkner

Landscape Architecture Theses

This design project examines how a landscape design can activate a small-scale Midwestern city’s outdoor use and tourism potential during the winter season. In the city of Bemidji, MN, the winter season can start as early as October and continue into late March. This prolonged weather can cause Seasonal Affective Disorder (SAD) in people. One of the recommended treatments for SAD is to increase outdoor activity. The premise behind this project is that if Bemidji’s landscape was more functional and appealing during the winter season, it would encourage the residents of Bemidji to increase their outdoor activity during the winter. …

"Spectacular Opacities": The Hyers Sisters' Performances Of Respectability And Resistance, Jocelyn Buckner

Theatre Faculty Articles and Research

This essay analyzes the Hyers Sisters, a Reconstruction-era African American sister act, and their radical efforts to transcend social limits of gender, class, and race in their early concert careers and three major productions, Out of Bondage and Peculiar Sam, or The Underground Railroad, two slavery-to-freedom epics, and Urlina, the African Princess, the first known African American play set in Africa. At a time when serious, realistic roles and romantic plotlines featuring black actors were nearly nonexistent due to the country’s appetite for stereotypical caricatures, the Hyers Sisters used gender passing to perform opposite one another as heterosexual lovers in …