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2012

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Digital Originality, Edward Lee Jan 2012

Digital Originality, Edward Lee

Vanderbilt Journal of Entertainment & Technology Law

This Article examines the doctrine of originality in U.S. copyright law and proposes a reconfigured, three-part test that can better analyze issues of first impression involving works created with new digital technologies. The proposed test, encapsulated by the concept of digital originality, provides much needed guidance to courts to address the increasing complexities of digital creations in the twenty-first century.


Curbing Copyblight, John Tehranian Jan 2012

Curbing Copyblight, John Tehranian

Vanderbilt Journal of Entertainment & Technology Law

This Article identifies and analyzes the growing problem of "copyblight" the use of overreaching claims by putative copyright holders to ownership of public domain works, and, more broadly, to exclusive rights which they do not hold in copyrighted works. Despite the fact that copyblight circumscribes political and social discourse, stifles creativity, and constricts the dissemination of information, present law provides few, if any, disincentives against the practice. Building on the groundbreaking work of Paul Heald and Jason Mazzone, this Article advances three proposals to temper the problems of overreach in order to restore a needed balance in our copyright system: …


Patents 101: Patentable Subject Matter And Separation Of Powers, Max S. Oppenheimer Jan 2012

Patents 101: Patentable Subject Matter And Separation Of Powers, Max S. Oppenheimer

Vanderbilt Journal of Entertainment & Technology Law

The definition of statutory subject matter lies at the heart of the patent system. It is the reflection of Congress's policy decision as to what types of inventions one may patent. While the congressional definition of statutory subject matter (in what is now 35 U.S.C. § 101) has remained fundamentally constant since 1790, the Supreme Court has reinterpreted and redefined statutory subject matter several times, leaving lower courts with the frustrating task of trying to develop a coherent jurisprudence against a changing landscape. This inconstancy has introduced uncertainty for inventors who are trying to make the fundamental decision of whether …


Intercepting Licensing Rights: Why College Athletes Need A Federal Right Of Publicity, Talor Bearman Jan 2012

Intercepting Licensing Rights: Why College Athletes Need A Federal Right Of Publicity, Talor Bearman

Vanderbilt Journal of Entertainment & Technology Law

The right of publicity is the right of an individual to control the commercial use of her name, image, likeness, or other identifiable aspects of her persona. In the United States, the right of publicity is a state-law right, not federal, and recognition of the right varies significantly from state to state. The lack of uniformity among states poses significant problems for individuals who are recognizable throughout the United States. Specifically, student athletes, who would lose the ability to play college athletics if they were reimbursed for the use of their images, are among the individuals most at risk of …


Turtle Cam: Live Multimedia Interaction For Engaging Potential Visitor Population To Canaveral National Seashore, Brian Alfred Tortorelli Jan 2012

Turtle Cam: Live Multimedia Interaction For Engaging Potential Visitor Population To Canaveral National Seashore, Brian Alfred Tortorelli

Electronic Theses and Dissertations

This project expands the outreach of the Canaveral National Seashore to its visitors, potential visitors, and virtual visitors through its goals in conservancy and preservation of its natural resources. This paper is involved with the current iteration of a series of digital media projects, the Sea Turtle Nest Camera, also known as, Turtle Cam. It details how and why this project was designed to be an ongoing initiative to assist in those goals.


A Letter And A Dream: The Literary Friendship Of Ellen Glasglow And Marjorie Kinnan Rawlings, Ashley Quaye Andrews Lear Jan 2012

A Letter And A Dream: The Literary Friendship Of Ellen Glasglow And Marjorie Kinnan Rawlings, Ashley Quaye Andrews Lear

Humanities & Communication - Daytona Beach

No abstract provided.


New Media And Ethno-Politics In The Guinean Diaspora, Mohamed S. Camara Jan 2012

New Media And Ethno-Politics In The Guinean Diaspora, Mohamed S. Camara

Humanities & Communication - Daytona Beach

This paper discusses the resurgence of ethno-politics in Guinea in conjunction with the reintroduction of multiparty politics after three decades of single-party and military rule, and the trend’s multilayered repercussion into the Guinean Diaspora of North America. It further examines the principal ways in which ethno-regionalist organisations populating that Diaspora use and misuse new media outlets (web sites,web radio stations, and blogs) in order to promote the political agenda of their respective ethno-political elites. The article scrutinises the deficit of professionalism that characterises the performance of most of those publishing on such web sites and broadcasting on such stations and …


The Center Of A Homesteading Community In Northwest Montana: Archaeological Investigations On The Polebridge Schoolhouse, Alexander J. Kroll Jan 2012

The Center Of A Homesteading Community In Northwest Montana: Archaeological Investigations On The Polebridge Schoolhouse, Alexander J. Kroll

Graduate Student Theses, Dissertations, & Professional Papers

In the summer of 2010, I excavated the remnants of a historic one-roomed schoolhouse near Polebridge, Montana, just outside of Glacier National Park. The schoolhouse’s recovered artifacts represent a lively community of homesteaders residing in the North Fork Valley of the Flathead River during the early 20th century. 3,704 individual artifacts in the form of metal, glass, ceramic and faunal remains, tell of life during this time period. The research goals of this thesis have three objectives: 1) the historical record often depicts schoolhouses as serving as public space for the community, the archaeological record can be used to corroborate …


The Effect Of Photocycle On Self-Control In Betta Splendens, Kathryn Gwen Lamp Jan 2012

The Effect Of Photocycle On Self-Control In Betta Splendens, Kathryn Gwen Lamp

Graduate Student Theses, Dissertations, & Professional Papers

The present study examined the effect of varying light cycles on self-control in Siamese fighting fish (Betta splendens). The subjects included 16 male Betta splendens, and instrumental choice trials were run. A subject began each trial in the start box and, when a guillotine divider door was lifted, entered one side of a divided terminus. The checkerboard side of the choice door represented either the smaller, more immediate choice (SS) or the larger, more delayed choice (LL). When the subject had entered one side of the goal box, the guillotine divider door was lowered and the subject was given food …


History, Ecology And Restoration Potential Of Salmonid Fishes In The Umpqua River, Oregon, Kelly Crispen Coates Jan 2012

History, Ecology And Restoration Potential Of Salmonid Fishes In The Umpqua River, Oregon, Kelly Crispen Coates

Graduate Student Theses, Dissertations, & Professional Papers

Salmonid populations are decreasing across their historic range in the Pacific Northwest, and throughout the lower 48 states. This study incorporates a retrospective analysis of historical literature, traditional ecological knowledge as well as current ecology to determine historic salmonid abundance in the Umpqua River, Oregon and current conditions for salmonids in the context of wild salmonid restoration. Results for the Umpqua were compared to other Pacific Rim Rivers. The history of the basin and impacts to the river including settlement, agriculture, logging, mining, dam building, hatchery supplementation and non-native species introduction were reviewed. Decreases in runs were compared to impacts …


Egypt Wrestles With Democracy: Expectations Versus Realities, Melody Harvey Jan 2012

Egypt Wrestles With Democracy: Expectations Versus Realities, Melody Harvey

Pepperdine Policy Review

No abstract provided.


Providing Aid To Fragile Or Failed States: A Short Argument For Moderation, Anthony H. Miller Jan 2012

Providing Aid To Fragile Or Failed States: A Short Argument For Moderation, Anthony H. Miller

Pepperdine Policy Review

No abstract provided.


Estimating The Impact Of Cell Phone Laws On Car Accident Fatalities, Odinakachi Anyanwu Jan 2012

Estimating The Impact Of Cell Phone Laws On Car Accident Fatalities, Odinakachi Anyanwu

Pepperdine Policy Review

No abstract provided.


Are All R&D Dollars Created Equal?: A Look At The Effect Of Federal Investment On Patent Success, Casey J. O'Neil Jan 2012

Are All R&D Dollars Created Equal?: A Look At The Effect Of Federal Investment On Patent Success, Casey J. O'Neil

Pepperdine Policy Review

No abstract provided.


A Memo On Social Security, Michele Ogawa Jan 2012

A Memo On Social Security, Michele Ogawa

Pepperdine Policy Review

No abstract provided.


“It’S All Political, But Public Policy Is Irrational”, Jaquelyn King Jan 2012

“It’S All Political, But Public Policy Is Irrational”, Jaquelyn King

Pepperdine Policy Review

No abstract provided.


Citizens’ Jury 2011: Combating Homelessness Within The Greater Los Angeles County, Lara Arsinian Jan 2012

Citizens’ Jury 2011: Combating Homelessness Within The Greater Los Angeles County, Lara Arsinian

Pepperdine Policy Review

No abstract provided.


Memoirs Of A Paleo, Tulio S. De Oliveira Jan 2012

Memoirs Of A Paleo, Tulio S. De Oliveira

Pepperdine Policy Review

No abstract provided.


Stephen Colbert’S Super Pac: A Better Tomorrow?, Shannon K. Anderson Jan 2012

Stephen Colbert’S Super Pac: A Better Tomorrow?, Shannon K. Anderson

Pepperdine Policy Review

No abstract provided.


United States' Strategy In Afghanistan From 2001 To Today, Haley Stauss Jan 2012

United States' Strategy In Afghanistan From 2001 To Today, Haley Stauss

Pepperdine Policy Review

No abstract provided.


Message From The Editors, Michael L. Crouch, Michele Ogawa Jan 2012

Message From The Editors, Michael L. Crouch, Michele Ogawa

Pepperdine Policy Review

No abstract provided.


The Crisis Of America’S Soul: How American Leaders Have Betrayed First Principles, Amy L. Kennedy Jan 2012

The Crisis Of America’S Soul: How American Leaders Have Betrayed First Principles, Amy L. Kennedy

Pepperdine Policy Review

No abstract provided.


The Relationship Between Principal Support And Teacher Retention In Hard To Staff Schools, Amy Lee Hughes Jan 2012

The Relationship Between Principal Support And Teacher Retention In Hard To Staff Schools, Amy Lee Hughes

Graduate Student Theses, Dissertations, & Professional Papers

This dissertation examines the relationship between principal support and retention of teachers in hard to staff schools. The purpose of this study was to, (a) to determine the relationship between teacher retention and principal support, (b) to examine the perception of support between teachers and principals and how these perceptions affect teacher retention in hard to staff schools, and (c) to discover if there is a correlation between the principal's supports and teacher retention. Within these school environments, the participants were both administrators and teachers who are employed in the sample schools. Findings in this study verified information found within …


A Structural History Of The Garnet Stock And Its Relationship To Deformation Along The Lewis And Clark Line, Western Montana, Zackary Steven Wall Jan 2012

A Structural History Of The Garnet Stock And Its Relationship To Deformation Along The Lewis And Clark Line, Western Montana, Zackary Steven Wall

Graduate Student Theses, Dissertations, & Professional Papers

The Lewis and Clark line experienced sinistral transpressive shear during the Late Cretaceous-late Paleocene Laramide orogeny along the boundary between the massive Lewis-Eldorado-Hoadley thrust slab to the NE and the Sapphire and Lombard thrust slabs to the SW. The transpression extruded SE trending, en echelon flower structures along a 40 km-wide shear zone. Late Cretaceous satellite stocks of the Boulder batholith intruded the shear zone and interfered with folding and faulting. One of these, the 83-Ma Garnet stock, invaded a narrow NE-trending fracture zone that straddled the shear zone at deeper levels in the Proterozoic Belt Supergroup but mushroomed in …


Two Approaches To Tailoring Treatment For Cultural Minority Adolescents, Sarah W. Feldstein Ewing, Alisha M. Wray, Hilary K. Mead, Sue K. Adams Jan 2012

Two Approaches To Tailoring Treatment For Cultural Minority Adolescents, Sarah W. Feldstein Ewing, Alisha M. Wray, Hilary K. Mead, Sue K. Adams

Human Development and Family Science Faculty Publications

At this time, compared with mainstream (Caucasian) youth, cultural minority adolescents experience more severe substance-related consequences and are less likely to receive treatment. Although several empirically supported interventions (ESIs), such as motivational interviewing (MI), have been evaluated with mainstream adolescents, fewer published studies have investigated the fit and efficacy of these interventions with cultural minority adolescents. In addition, many empirical evaluations of ESIs have not explicitly attended to issues of culture, race, and socioeconomic background in their analyses. As a result, there is some question about the external validity of ESIs, particularly in disadvantaged cultural minority populations. This review seeks …


A Tribute To The Honorable Carmen Beauchamp Ciparick, Penelope Andrews Jan 2012

A Tribute To The Honorable Carmen Beauchamp Ciparick, Penelope Andrews

Articles & Chapters

No abstract provided.


Teaching Statistical Research Methods To Graduate Students: Lessons Learned From Three Different Degree Programs, Ozgur Ekmekci, Adrienne Hancock, Susan S. Swayze Jan 2012

Teaching Statistical Research Methods To Graduate Students: Lessons Learned From Three Different Degree Programs, Ozgur Ekmekci, Adrienne Hancock, Susan S. Swayze

Clinical Research and Leadership Faculty Publications

This paper examines the challenge of teaching statistical research methods in three master’s degree programs at a private university based in Washington, DC. We, as three professors teaching at this university, discuss the way we employ innovative approaches to deal with this challenge. We ground our discussion within the theoretical framework of problem-based learning and adult learning principles. We provide brief descriptions of our research methods courses to demonstrate how an instructor can facilitate learning of new knowledge and applications in a content area often considered intimidating by students. We also highlight similarities across the three different courses we teach …


C. Stephen Evans, Kierkegaard: An Introduction And M. Jamie Ferreira, Kierkegaard, Peder Jothen Jan 2012

C. Stephen Evans, Kierkegaard: An Introduction And M. Jamie Ferreira, Kierkegaard, Peder Jothen

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.


Kant On The Debt Of Sin, Lawrence Pasternack Jan 2012

Kant On The Debt Of Sin, Lawrence Pasternack

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.


Oppy On The Argument From Consciousness, J.P. Moreland Jan 2012

Oppy On The Argument From Consciousness, J.P. Moreland

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.