Digital Commons Network^™

Copyright Infringement In Sound Recording: How Courts And Legislatures Can Get In Vogue In A Post-Ciccone World, Kristen B. Kennedy

Journal of Law and Policy

Music sampling is a legally complex and ambiguous area, with staggeringly high costs attached for copyright infringers. The legality of sampling frequently depends upon what jurisdiction the inquiry into the sampling takes place in, and has been guided by inconsistently applied doctrines of fair use, de minimis, and copyright infringement. The Ninth Circuit’s decision in VMG Salsoul v. Ciccone has dramatically highlighted these inconsistencies. This note suggests a four-part solution to resolve the tensions in copyrightable sound recordings magnified by the recent circuit split created by VMG Salsoul v. Ciccone. It incorporates elements of de minimis and fair use, a …

Student Movement - Issue 11, Andrews University

Student Movement v. 102 (2017-2018)

Student Movement, Issue 11, 2017

Building For Good, Merrimack College

Merrimack Magazine

No abstract provided.

Wofford Today Winter 2017, Wofford College. Office Of Marketing And Communications

Wofford Today

No abstract provided.

Progression Magazine, 2017 Winter, Coastal Carolina University

Progression Magazine

Magazine of the College of Science at Coastal Carolina University.

Learning To Heal: The Impact Of A Restorative Justice Program On Crime Victims, Jacquelyn P. Poplawsky

Theses & Dissertations

In the United States, someone is murdered, raped, robbed, or assaulted every 26 seconds (Federal Bureau of Investigation, 2015). Violent victimization is a uniquely disorienting dilemma because it is the result of harm from another human being. Extensive research has shown that crime victims’ complex emotional and psychological needs are not adequately fulfilled by the dominant retributive system of justice. The other paradigm of justice that has received extensive consideration from theorists and scholars, with research that now covers multiple continents and 3 decades, is restorative justice.

Restorative justice theory and practice have become effective complementary, and at times, alternative …

The Impact Of Culture On Hispanic Entrepreneurs As Mediated By Motivation, Challenge, And Success, Valerie V. Ballesteros

Theses & Dissertations

In the modern economic environment, demographic shifts in U.S. population resulting from changing immigration, changing economic policies and environments, and growing socioeconomic disparity, scholarly research examining the business behavior of specific groups and the impact of behavior on the broader marketplace is valuable and necessary. Hispanic entrepreneurs, when compared to both minority and non-minority business-owners, started and flourished in successful business ownership at a greater growth rate than any other group (Davila, Mora, & Zeitlin, 2014). Since the beginning of the 21st century, Hispanic entrepreneurs have become a measurable economic force. The cultural experience of the Hispanic entrepreneur is important …

The Talking Texts: What Pop Culture Really Has To Say, Adrianne Clark, Madilynn Dewell, Thomas Harrison, Artasia Jackson, Tyler Jones, Matthew Murphy, Whittany Myers, Erica Pinkham, Heath Pyle, Kameron Rymer, Sara Salazar, Amanda Thornton, Lynessia Torunski, Nickolas Watkins, Karina Weathers, Logan Willhoite, Courtney Wooten

Student Publications

This newsletter is built upon work done in a Fall 2017 honors writing course based around the rhetorical analysis of pop culture. Students wrote several initial analyses before choosing one to research and write about further. They then chose a short excerpt from their researched projects to include in the newsletter.

Orwell's 1984 And A Fourth Amendment Cybersurveillance Nonintrusion Test, Margaret Hu

Scholarly Articles

This Article describes a cybersurveillance nonintrusion test under the Fourth Amendment that is grounded in evolving customary law to replace the reasonable expectation of privacy test formulated in Katz v. United States. To illustrate how customary law norms are shaping modern Fourth Amendment jurisprudence, this Article examines the recurrence of judicial references to George Orwell’s novel, 1984, within the Fourth Amendment context when federal courts have assessed the constitutionality of modern surveillance methods. The Supreme Court has indicated that the Fourth Amendment privacy doctrine must now evolve to impose meaningful limitations on the intrusiveness of new surveillance technologies.

A …

Constitutional Conflict And The Development Of Canadian Aboriginal Law, Guy Charlton, Xiang Gao

The University of Notre Dame Australia Law Review

This paper argues that aboriginal rights in Canada have been greatly affected by 19 th century governmental and social conflicts within the Canadian colonial state. These conflicts, largely over the ownership of land and regulatory authority between the federal government and the provinces necessarily impacted the First Nations on the ground while affecting how their legal claims were recognized and implemented. In particular they impacted the legal efficacy of treaty rights, the scope of rights recognised by the courts and an expansive legally protected notion of indigenous sovereignty. As a result, the rights now protected under sec. 25 and 35 …

The Rise And Fall Of Brick And Mortar Retail: The Impact Of Emerging Technologies And Executive Choices On Business Failure, Nikaela Jacko Redd, Lutisha S. Vickerie

Journal of International Business and Law

This paper examines business decline in relation to department stores and recent technological shifts in retail. Our perspective describes how management's failure to properly utilize technology and the resulting decline of international brick and mortar department stores was significantly influenced by emotional posturing disguised as strategic choices. To track the changes in the retail landscape based on new technological business models, we chronicle the shift from department store culture to online e-commerce by exploring a primary case, JCPenney, and the following exemplary cases: Macy's, H&M, Amazon, and Walmart. We also conduct a systematic research synthesis on a small sample of …

Professional Hockey Elements Attracting Fans To Ahl Games, Emma Kilmer

Sport Management Undergraduate

The purpose of this study was to determine the relationships between on-ice professional hockey elements and attendance at American Hockey League games. It was important to this study that the AHL was the most successful North American professional hockey league in recent years in terms of increasing attendance and in 2015-16 the league set a record for total fans attending games at around 7 million. Also, recently the NHL and consequently AHL have implemented rules to increase scoring and decrease fighting; therefore it was important to conclude if those changes resulted in changed fan motivation to attend games. It was …

Vol. 16, No. 2 (Full Issue), Jmasm Editors

Journal of Modern Applied Statistical Methods

.

Rooted: Stories Of Knox County, Maria Brescia-Weiler

Rooted Texts

No abstract provided.

The Echo: December 1, 2017, Taylor University

2017-2018 (Volume 105)

Tree lighting set for Sunday – Public professionals – Dressing for December – Purple poll – Another ship set to sail – Bree’s Beat international News – Students reflect on Puerto Rican crisis – The Branch: More than just coffee dates – No, there will not be a study guide for this – Dead before dead week – Party in Marion like its 1817 – President passes new purple palette – Sumo wrestling with Santa in Gerig – Echograms #TaylorU -- #TaylorU’s Top Tweets – Sing Noel Comes to Town – Shout to the Lord, all the earth – Film …

Linkages Among Population, Food Production, And The Environment At Multiple Scales, Daniel Ervin Ph.D., Daniel López-Carr Ph.D.

Journal of International and Global Studies

Human population, its number and distribution on our planet, has a seemingly direct linkage to how much food we consume and how we practice agriculture. How this population-foodenvironment interface manifests across the globe is complex, non-linear, and both local- and scale-dependent. This essay is an overview of the population-food-environment nexus, providing recent history and statistics on these processes at several crude scales. We include a discussion of theory, review different drivers of the population-food-environment processes, provide a global overview of population and agricultural statistics from 1970 to 2010, and discuss trends and implications for Latin America, as well as some …

Re-Engineering Nigeria’S Foreign Policy In The Post-Military Era: Olusegun Obasanjo’S Presidency And Nigeria’S African Foreign Policy, Isiaka Alani Badmus Ph.D., ’Dele Ogunmola Ph.D.

Journal of International and Global Studies

This article explores Nigeria’s current foreign policy under the Fourth Republic (May 1999- ). It investigates the gamut of events surrounding Nigeria’s foreign policy-making and practice since independence (1960) and how this compares with the Obasanjo (1999-2007) administration’s efforts at foreign policy formulation and implementation in Nigeria’s recently hard-won recognition in the international system after 16 years of military authoritarianism. The paper argues that the Obasanjo administration was a success given the range of domestic and international issues that the administration was able to address. The article supports this by focusing on the main issues in the life of the …

Adopting The Principles Of Universal Design Into International And Global Studies’ Programs And Curriculum, Kimberley Brown Ph.D., Rosa Dene David Ma, Shawn C. Smallman Ph.D.

Journal of International and Global Studies

The ideals of universal design have profoundly impacted instruction, policy, and infrastructure in course architecture and design within elementary education and at some universities. Within international and global studies, however, these principles have not deeply affected either pedagogy or scholarship despite the fact that classes in international studies may include more international students and third culture kids1 than classes in other programs. Instead, in North America (as well as in much of Latin America and Europe), the current pedagogical model calls for students either to develop strategies on their own to succeed in class or to self-identify with documented disabilities …

Role Of Intermediary Recruiters In Higher Education Preparation: Perceptions Of Nepalese Students In The United States, Krishna Bista Ed.D.

Journal of International and Global Studies

Higher education in the United States has long been attractive to international students. International students from many countries seek the assistance of recruiters or educational agents when collecting information about colleges and college application in preparation for studying abroad. This study examines how educational agents facilitate Nepalese students in their U.S. higher education preparation. The author analyzes survey and interview data from 112 Nepalese students to investigate the experiences and issues Nepalese students typically face when preparing to study abroad and the ways in which educational agents are utilized to mitigate those issues. Results suggest that Nepalese students use educational …

Edwards, D. Caravan Of Martyrs: Sacrifice And Suicide Bombing In Afghanistan. Berkeley: University Of California Press, 2017., Homayun Sidky Ph.D.

Journal of International and Global Studies

Book review.

Manzenreiter, W. And Holthus, B. (Eds.). Happiness And The Good Life In Japan. New York: Routledge, 2017., Ilana Maymind Ph.D.

Journal of International and Global Studies

Book review.

Hancock, J.F. Plantation Crops, Plunder And Power: Evolution And Exploitation. London And New York: Routledge, 2017., James H. Mcdonald Ph.D.

Journal of International and Global Studies

Book review.

Jie Yang, J. (Ed.). The Political Economy Of Affect And Emotion In East Asia. London And New York: Routledge, 2014., Sharon R. Wesocky Ph.D.

Journal of International and Global Studies

Book review.

Crehan, K. Gramsci’S Common Sense: Inequality And Its Narratives. Durham, Nc: Duke University Press, 2016., Faisal Chaudhry Jd, Ph.D.

Journal of International and Global Studies

Book review.

Fitzgerald, R., & Rowley, C. (Eds.). The Evolution Of Multinationals From Japan And The Asia Pacific: Comparing International Business Japan, Korean, China, India. London: Routledge Taylor & Francis Group, 2017., George M. Poluse

Journal of International and Global Studies

Book review.

Shakir, F. The Iraqi Federation: Origin, Operation And Significance. Abingdon: Routledge, 2017., Autumn Cockrell-Abdullah

Journal of International and Global Studies

Book review.

Rehbein, B. Society In Contemporary Laos: Capitalism, Habitus And Belief. New York, Ny. Routledge, 2017., Julie Bridges

Journal of International and Global Studies

Book review.

Vanden, H.E., Funke, P.N. & Prevost, G. (Eds.). The New Global Politics: Global Social Movements In The Twenty-First Century. London: Routledge, 2017., Shirin Saeidi Ph.D.

Journal of International and Global Studies

Book review.

Shinno, Reiko. The Politics Of Chinese Medicine Under Mongol Rule. London: Routledge, 2016., Tarique Niazi Ph.D.

Journal of International and Global Studies

Book review.

Steger, M.B. & Wahlrab, A. What Is Global Studies? Theory And Practice. New York, Ny: Routledge, 2016., Anas Alahmed

Journal of International and Global Studies

Book review.