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2015

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Confronting Legal And Technological Incongruity: Remote Testimony For Child Witnesses, Elizabeth A. Mulkey Jan 2015

Confronting Legal And Technological Incongruity: Remote Testimony For Child Witnesses, Elizabeth A. Mulkey

Vanderbilt Journal of Entertainment & Technology Law

Child victims are often the only eyewitnesses in cases against their abusers. A child's testimony may be necessary for a prosecutor to secure a conviction. However, the child must often face his or her abuser and relive the traumatic experience while giving this testimony. Any accommodations or protection of a child witness at trial must be balanced against the defendant's rights under the Confrontation Clause. The Supreme Court's decision in Maryland v. Craig allows child victims to testify via one-way, closed-circuit television in some circumstances, but the Court has not addressed two-way, closed-circuit testimony or remote testimony. In the absence …


An Immovable Object And An Unstoppable Force: Reconciling The First Amendment And Antidiscrimination Laws In The Claybrooks Court, Erin A. Shackelford Jan 2015

An Immovable Object And An Unstoppable Force: Reconciling The First Amendment And Antidiscrimination Laws In The Claybrooks Court, Erin A. Shackelford

Vanderbilt Journal of Entertainment & Technology Law

This Note broadly addresses the problem of racial stereotyping and racial roles in the media. It is viewed through the lens of Claybrooks v. ABC, Inc., a recent federal district court decision of first impression. In Claybrooks, the court dismissed the plaintiffs discrimination claims, ruling that casting decisions were protected under the First Amendment. This Note will address the problem of racial discrimination by focusing on racial misrepresentations in the media and the role of reality television programs in that landscape. Specifically, this Note will propose a new solution for the Claybrooks court. This analysis will assert that cast members …


Drones, Henry H. Perritt Jr., Eliot O. Sprague Jan 2015

Drones, Henry H. Perritt Jr., Eliot O. Sprague

Vanderbilt Journal of Entertainment & Technology Law

Drones represent the latest revolution in civilian aviation. The sophisticated miniaturized electronics, electric propulsion systems, low cost, and ability to capture close-in imagery make microdrones attractive assets for aerial activities that have never before been feasible. Larger configurations--machodrones--have longer endurance and range and the capability to fly at higher altitudes. They will complement manned airplanes and helicopters in missions for which their cost proves advantageous or for which manned flight is too hazardous or otherwise undesirable. Specific features of electric propulsion, control systems, and the capability of autonomous flight maneuvers will stimulate new types of missions for microdrones; in other …


The Internet After Aereo: How To Save Innovation From The Public Performance Right, Patrick C. Tricker Jan 2015

The Internet After Aereo: How To Save Innovation From The Public Performance Right, Patrick C. Tricker

Vanderbilt Journal of Entertainment & Technology Law

The Supreme Court's decision in American Broadcasting Companies, Inc. v. Aereo, Inc. overturned the Second Circuit's rule that separate copies create separate performances without clarifying the scope of a performance. The decision creates significant ambiguity surrounding the public performance right and potentially massive liability for cloud-computing companies. Since cloud computing allows customers to run programs remotely from a company's servers, two independent customers watching different copies of the same movie from the same cloud results in the cloud conducting a public performance. This Note examines this problem, concludes that the current public performance regime has become obsolete, and proposes a …


The Ironies Of Automation Law: Tying Policy Knots With Fair Automation Practices Principles, Meg L. Jones Jan 2015

The Ironies Of Automation Law: Tying Policy Knots With Fair Automation Practices Principles, Meg L. Jones

Vanderbilt Journal of Entertainment & Technology Law

Rapid developments in sensors, computing, and robotics, including power, kinetics, control, telecommunication, and artificial intelligence have presented opportunities to further integrate sophisticated automation across society. With these opportunities come questions about the ability of current laws and policies to protect important social values new technologies may threaten. As sophisticated automation moves beyond the cages of factories and cockpits, the need for a legal approach suitable to guide an increasingly automated future becomes more pressing. This Article analyzes examples of legal approaches to automation thus far by legislative, administrative, judicial, state, and international bodies. The case studies reveal an interesting irony: …


Secondary Data: A Primary Concern, Kelsey L. Zottnick Jan 2015

Secondary Data: A Primary Concern, Kelsey L. Zottnick

Vanderbilt Journal of Entertainment & Technology Law

This Note addresses privacy concerns implicated by rising secondary data mining. Secondary data mining is the use of personal information for a purpose other than the original. This complex technology drives billions of dollars in commercial industry yet remains largely unregulated. This Note examines the current state of the data mining industry and the behavioral fallacies that belie societal concerns about online privacy. Further, relevant federal, state, and constitutional laws appear outstripped by these technological advances. An analysis of potential privacy solutions examines the advantages and disadvantages of implementing each one through the privacy community, the federal government, and the …


Invisible Labor, Invisible Play: Online Gold Farming And The Boundary Between Jobs And Games, Julian Dibbell Jan 2015

Invisible Labor, Invisible Play: Online Gold Farming And The Boundary Between Jobs And Games, Julian Dibbell

Vanderbilt Journal of Entertainment & Technology Law

When does work become play and play become work? Court shave considered the question in a variety of economic contexts, from student athletes seeking recognition as employees to professional blackjack players seeking to be treated by casinos just like casual players. Here, this question is applied to a relatively novel context: that of online gold farming, a gray-market industry in which wage-earning workers, largely based in China, are paid to play fantasy massively multiplayer online games (MMOs) that reward them with virtual items that their employers sell for profit to the same games' casual players. Gold farming is clearly a …


Preliminary Investigation Into The Cause Of Pinhole Porosity In Aluminum Metal Castings From Serpentine Impurities In Olivine Sand, Brodie J. Biersner Jan 2015

Preliminary Investigation Into The Cause Of Pinhole Porosity In Aluminum Metal Castings From Serpentine Impurities In Olivine Sand, Brodie J. Biersner

Dissertations and Theses @ UNI

The problem addressed in this study is how contaminates in the foundry molding aggregate olivine, affect aluminum castings during the casting process. This research will concentrate on hydrated contaminates, specifically the mineral serpentine. The purpose of this research is to better understand how hydrated minerals contribute to the generation of pinhole porosity defects during the casting process. Understanding how impurities in foundry aggregates affect the casting process would aid in the reduction of scrap caused by core and molding sands, ultimately providing savings to the casting manufacturer.

A foundry grade olivine was compared to a new source of olivine to …


The Acute Effects Of Multiple Resisted Sled-Pull Loads On Subsequent Sprint-Running Performances, Carl Stephen Crouse Jan 2015

The Acute Effects Of Multiple Resisted Sled-Pull Loads On Subsequent Sprint-Running Performances, Carl Stephen Crouse

Dissertations and Theses @ UNI

Sled-pulling is a commonly implemented form of training for various sports. However, few studies have used sled-pulling as a means of acutely enhancing sprintrunning performances. The purpose of this study was to investigate how various sledpulling resistance loads (95% and 110% of body mass) effect subsequent, unloaded, sprint-running performances, possibly with aid from the effect known as Post-Activation Potentiation (PAP). PAP is a physiological phenomenon which increases the rate of force development of skeletal muscle which may result in the enhancement of power (speed-strength) dominant activities such as sprint-running and jumping.

Participants were a mix of males (n = 11; …


Gender Differences In Social Support During Injury Rehabilitation, Chelsey Ann Bruns Jan 2015

Gender Differences In Social Support During Injury Rehabilitation, Chelsey Ann Bruns

Dissertations and Theses @ UNI

Athletic injury can be a stress-inducing event that could have negative consequences on the psychological health of the athlete (Anderson & Williams, 1988; Gould, Udry, Bridges, & Beck, 1997). Injuries not only challenge the athlete physically, but also mentally challenge their ability to cope and overcome. A growing amount of research has indicated social support as a key factor in the rehabilitation process for an injured athlete (Yang, Peek, Lowe, Heiden, & Foster, 2010). Athletic injury causes an emotional disruption, and social support could influence the athlete’s reaction to the injury and his or her ability to cope with rehabilitation …


Pedagogical Reasoning Of Pre-Service Teachers: Juggling Priorities And Managing Resources, Jennifer Lynn Rasmussen Jan 2015

Pedagogical Reasoning Of Pre-Service Teachers: Juggling Priorities And Managing Resources, Jennifer Lynn Rasmussen

Dissertations and Theses @ UNI

The purpose of this study was to examine the cognitive and motivational factors related to the development of self-regulated teaching. These factors were defined by Shulman (1986; 2006) as theoretical, practical and moral knowledge for pedagogical reasoning. This study occurred in a clinical, instructional setting specifically designed to provide pre-service teachers with the environmental factors necessary to support the development of self-regulated instructional decision making. These factors included specific modeling of teacher thinking, regular formative feedback, instructional autonomy and strategic reflection. An instructional sequence based on Schunk and Zimmerman’s (1998; 2007) Model of the Development of Self-Regulatory Skill was applied …


The Influence Of The Single Stereotype On Moral Judgments, Peng Zhang Jan 2015

The Influence Of The Single Stereotype On Moral Judgments, Peng Zhang

Dissertations and Theses @ UNI

Stereotypes can powerfully influence people’s moral judgments. For example, stereotypes of atheists lead people to report immoral behavior as more consistent for atheists than Christians (Wright & Nichols, 2014). When targets are labeled as “obese” or “hippie”, perceivers morally judge them more harshly than targets who are not assigned such labels (Masicampo, Barth, & Ambady, 2014). However, limited research has examined how stereotypes of single people can influence perceivers’ moral judgments. Because of various negative stereotypes people hold about single people (Conley & Collins, 2002; DePaulo & Morris, 2005), it was anticipated that people would morally judge a single target …


Wolf Village: New Insights On The Fremont, James R. Allison Jan 2015

Wolf Village: New Insights On The Fremont, James R. Allison

Faculty Publications

Wolf Village is remarkable for its architectural diversity, its large and diverse artifact assemblages, and the insights into Fremont social organization and ritual practices it offers. Officially designated 42UT273, the site is on and just below a hill adjacent to Currant Creek, near the town of Goshen at the south end of Utah valley. From 2009 through 2013, the Brigham Young University archaeological field school spent five field seasons there, uncovering the remnants of seven semi-subterranean pit structures and two adobe surface houses. People built and used those structures in the A.D. 1000s or early 1100s, although the radiocarbon dates …


Birth, Meaningful Viability And Abortion, David Jensen Jan 2015

Birth, Meaningful Viability And Abortion, David Jensen

Faculty Publications

What role does birth play in the debate about elective abortion? Does the wrongness of infanticide imply the wrongness of late-term abortion? In this paper, I argue that the same or similar factors that make birth morally significant with regard to abortion make meaningful viability morally significant due to the relatively arbitrary time of birth. I do this by considering the positions of Mary Anne Warren and José Luis Bermúdez who argue that birth is significant enough that the wrongness of infanticide does not imply the wrongness of late-term abortion. On the basis of the relatively arbitrary timing of birth, …


Impact Of Pre-Harvest Environmental Factors On The Survival Of Enterohemorrhagic E. Coli And Salmonella On Lettuce, Deepti Tyagi Jan 2015

Impact Of Pre-Harvest Environmental Factors On The Survival Of Enterohemorrhagic E. Coli And Salmonella On Lettuce, Deepti Tyagi

Microbiological Sciences

Enteric diseases linked to fresh produce consumption are on a rise. Pathogens can contaminate produce in the pre-harvest field and can survive for long time periods. Thus, this study quantified the survival of Enterohemorrhagic E.coli and Salmonella on pre-harvest lettuce under two relative humidity and seasonal conditions. The effect of relative humidity on pathogen survival depended on the seasonal conditions. The impact of chlorine stress on survival of the two pathogens after exposure to pre-harvest variables was also determined. A single EHEC strain developed resistance to chlorine after 3 days on lettuce plants. Gene expression analysis revealed the up-regulation of …


North Dakota Climate Bulletin: Vol. 9, No. 4 (Fall 2015), Adnan Akyuz Jan 2015

North Dakota Climate Bulletin: Vol. 9, No. 4 (Fall 2015), Adnan Akyuz

North Dakota Quarterly Climate Bulletin

No abstract provided.


Processes And Outcomes Of Theistic Spiritually Oriented Psychotherapy: A Practice-Based Evidence Investigation, Peter W. Sanders, P. Scott Richards, Jason A. Mcbride, Troy Lea, Randy K. Hardman, Daniel V. Barnes Jan 2015

Processes And Outcomes Of Theistic Spiritually Oriented Psychotherapy: A Practice-Based Evidence Investigation, Peter W. Sanders, P. Scott Richards, Jason A. Mcbride, Troy Lea, Randy K. Hardman, Daniel V. Barnes

Faculty Publications

Various approaches for incorporating spirituality into psychotherapy have been devel- oped, but few have been submitted to empirical scrutiny. The present article reports the results of a practice-based evidence (PBE) study, and demonstrates the value of PBE as a research strategy for the empirical evaluation of spiritually oriented psychothera- pies (SOPs). This approach involves examining the effectiveness of SOPs in routine settings, providing more externally valid results than randomized controlled trials. Outcome and process data for 304 clients at a private, religious, university counseling center were examined using a PBE methodology. Clinicians integrated a wide variety of spiritual interventions with …


Exploratory Study Of Breast Cancer Survivors' Lived Experience : Activity Engagement During And After Breast Cancer Treatment, Anne Fleischer Jan 2015

Exploratory Study Of Breast Cancer Survivors' Lived Experience : Activity Engagement During And After Breast Cancer Treatment, Anne Fleischer

Occupational Therapy Program Student Theses, Dissertations and Capstones

The aim of this study is to describe breast cancer survivors' experiences and the associated meanings participating in their important activities during and after breast cancer treatment and the relationship among the survivor, environment, occupation, and performance, using a concurrent mixed method design. Ten survivors between the ages of 45 and 64 with Stage I, II, or III breast cancer who had been treated consecutively with surgery, chemotherapy, and radiation therapy were recruited for the study. Each survivor completed the Activity Card Sort-modified scoring system (ACSm) during the first and last week of radiation therapy and 3 and 6 months …


Employment Needs Of The Age 21 And Over Id Population In South Florida : An Occupational Therapy Perspective, Ingris Treminio Jan 2015

Employment Needs Of The Age 21 And Over Id Population In South Florida : An Occupational Therapy Perspective, Ingris Treminio

Occupational Therapy Program Student Theses, Dissertations and Capstones

A review in the literature makes it evident that employment needs of the age 21 and over ID population are not being met; the employment rate for this population continues to be less than half of the employment rate of the general population (Siperstein et al., 2013). There is evidence that occupational therapy has the potential to meet the employment needs of this population, however, practice guidelines for occupational therapists working with this population are limited. This study recruited seven participants and interviewed them using a needs assessment approach to investigate the employment needs of the age 21 and over …


Disciplining Yoga: Foucauldian Themes In Sivananda Yoga Practice, Mark E. Eaton Jan 2015

Disciplining Yoga: Foucauldian Themes In Sivananda Yoga Practice, Mark E. Eaton

Publications and Research

This paper considers the yoga practices at the Sivananda Yoga Vedanta Center as “disciplinary” practices. Yoga has a long history of being interpreted as “discipline”; this paper will consider how it is disciplinary and what is being disciplined. To this end, this paper will frame Sivananda yoga as a discipline from two perspectives: Sarah Strauss’ characterization of yoga as an “oasis regime”; and Michel Foucault’s view of discipline as minute “carceral” elaborations of power. These approaches are contrasted and ultimately, following Foucault, yoga disciplines are understood as being constitutive of the subject. The disciplinary character of yoga at the Sivananda …


Photography, Steelman Library, Chad Neuman Jan 2015

Photography, Steelman Library, Chad Neuman

Syllabus Repository

No abstract provided.


Introduction To Mass Communication, Steelman Library, Robert Scott Dr. Jan 2015

Introduction To Mass Communication, Steelman Library, Robert Scott Dr.

Syllabus Repository

No abstract provided.


Introduction To Mass Communication, Steelman Library, Sheila Skipper Jan 2015

Introduction To Mass Communication, Steelman Library, Sheila Skipper

Syllabus Repository

No abstract provided.


How Good Is Good Enough? Data Requirements For Reliable Crop Yield Simulations And Yield-Gap Analysis, Patricio Grassini, Lenny G.J. Van Bussel, Justin Van Wart, Joost Wolf, Lieven Claessens, Haishun Yang, Hendrik Boogaard, Hugo De Groot, Martin K. Van Ittersum, Kenneth Cassman Jan 2015

How Good Is Good Enough? Data Requirements For Reliable Crop Yield Simulations And Yield-Gap Analysis, Patricio Grassini, Lenny G.J. Van Bussel, Justin Van Wart, Joost Wolf, Lieven Claessens, Haishun Yang, Hendrik Boogaard, Hugo De Groot, Martin K. Van Ittersum, Kenneth Cassman

Department of Agronomy and Horticulture: Faculty Publications

Numerous studies have been published during the past two decades that use simulation models to assess crop yield gaps (quantified as the difference between potential and actual farm yields), impact of climate change on future crop yields, and land-use change. However, there is a wide range in quality and spatial and temporal scale and resolution of climate and soil data underpinning these studies, as well as widely differing assumptions about cropping-system context and crop model calibration. Here we present an explicit rationale and methodology for selecting data sources for simulating crop yields and estimating yield gaps at specific locations that …


New Testament Survey, Melissa Archer Jan 2015

New Testament Survey, Melissa Archer

Syllabus Repository

No abstract provided.


Bint 1233 Rot Fa15, Doug Roth Dr. Jan 2015

Bint 1233 Rot Fa15, Doug Roth Dr.

Syllabus Repository

No abstract provided.


Johannine Literature, Melissa Archer Jan 2015

Johannine Literature, Melissa Archer

Syllabus Repository

No abstract provided.


Medical Terminology, Steelman Library, Todd Schraw Dr. Jan 2015

Medical Terminology, Steelman Library, Todd Schraw Dr.

Syllabus Repository

No abstract provided.


Medical Terminology, Steelman Library, Todd Schraw Dr. Jan 2015

Medical Terminology, Steelman Library, Todd Schraw Dr.

Syllabus Repository

No abstract provided.


Developmental Biology (Embryology) Course Syllabus And Policies, Steelman Library, Todd D. Schraw Dr. Jan 2015

Developmental Biology (Embryology) Course Syllabus And Policies, Steelman Library, Todd D. Schraw Dr.

Syllabus Repository

No abstract provided.