Digital Commons Network^™

If It's In The Game: Is There Liability For User-Generated Characters' Likeness?, 16 J. Marshall Rev. Intell. Prop. L. 291 (2017), Jason Zenor

UIC Review of Intellectual Property Law

In cases like Keller and No Doubt v. Activision, the federal courts held that the use of celebrity's likeness was a violation of the right of publicity. In response, EA Sports suspended production of college sports games. But most games still allow for gamers to create their own avatars. With game systems now being connected, gamers can download user-created content many of which will have the likeness of famous people, thus circumventing the holdings in Keller and No Doubt. Accordingly, this article examines how this type of user generated content fits within the law of appropriation. First, this article discusses …

Restoring Rogers: Video Games, False Association Claims, And The “Explicitly Misleading” Use Of Trademarks, 16 J. Marshall Rev. Intell. Prop. L. 306 (2017), William K. Ford

UIC Review of Intellectual Property Law

Courts have long struggled with how to balance false association claims brought under the Lanham Act with the protections for speech under the First Amendment. The leading approach is the Rogers test, but this test comes in multiple forms with varying degrees of protection for speech. A substantial portion of the litigation raising this issue now involves video games, a medium that more so than others, likely needs the benefit of a clear rule that protects speech. The original version of the test is the simplest and the one most protective of speech. In 2013, the Ninth Circuit endorsed the …

The Karadžić Genocide Conviction: Inferences, Intent, And The Necessity To Redefine Genocide, Milena Sterio

Law Faculty Articles and Essays

This Article first discusses and analyzes the Genocide Convention and its strict definition of genocide and the "intent" requirement. It then focuses on the evolution of this definition in light of the recent Karadžić case. This Article demonstrates that in modern-day conflicts, the finding of genocidal intent may be an impossible task for the prosecution and that the ICTY Trial Chamber’s method of inferring intent based on knowledge and other indirect factors may be the only way that prosecutors will be able to obtain future genocide convictions. This Article then discusses a possible re-drafting and re-conceptualizing of the genocide definition …

Horse Use And Management In University Equine Programs, Hui Zhao

Murray State Theses and Dissertations

Horses are utilized in numerous higher education programs in United States. However, there is limited information on horse use, especially in university and college programs. Due to increasing enrollment, greater demand is placed on horse use while institutions are experiencing reduced funding and smaller herd numbers. Thus, this project was conducted to evaluate horse use and management in university and college programs. It was hypothesized that most equine programs over used their horses. A pilot study was conducted to validate the instrument used for the overall study. The survey instrument was created on SurveyMonkey® and released to equine programs (n …

A Clinical Practice Guideline To Reduce Behavioral Outbursts In Veterans With Posttraumatic Stress Disorder, Mary Adejumoke Badru

Walden Dissertations and Doctoral Studies

In a Department of Veterans Affairs hospital on the East Coast of the United States, behavioral outbursts result in 2 out of 10 veterans dismissed from a posttraumatic stress disorder (PTSD) unit prior to completing the 6-week program. The purpose of this evidence-based quality improvement project was to create a clinical practice guideline (CPG) based on social cognitive theory (SCT) to provide new strategies for managing veterans with PTSD and to improve the confidence of the nurses in managing outbursts. The Star Model guided the project development with the Delphi method to achieve participant consensus, the AGREE II to assess …

Threat Intelligence In Support Of Cyber Situation Awareness, Billy Paul Gilliam

Walden Dissertations and Doctoral Studies

Despite technological advances in the information security field, attacks by unauthorized individuals and groups continue to penetrate defenses. Due to the rapidly changing environment of the Internet, the appearance of newly developed malicious software or attack techniques accelerates while security professionals continue in a reactive posture with limited time for identifying new threats. The problem addressed in this study was the perceived value of threat intelligence as a proactive process for information security. The purpose of this study was to explore how situation awareness is enhanced by receiving advanced intelligence reports resulting in better decision-making for proper response to security …

The Outsiders: Understanding How Activists Use Issues Management To Challenge Corporate Behavior, Chelsea Lane Woods

Theses and Dissertations--Communication

Increasingly, corporations receive pressure from activist organizations to alter activities that these individuals find problematic and irresponsible. Despite this escalation, research on activism from a public relations perspective progressed slowly; much of this literature privileges the perspective of corporations and rarely examines the process from the activist perspective. To address this gap, this dissertation examined how activist organizations use issues management and communication strategies to incite corporations to change their practices and policies while simultaneously building relationships with pertinent audiences. This study incorporated data collected from qualitative interviews with activist practitioners representing a variety of activist organizations, along with organizational …

A Tale Of Two Neighbors: A Comparative Analysis Of The Processes Of State Creation And Regime Formation In Colombia And Venezuela, Alexander Mintz

Government and International Relations Honors Papers

No abstract provided.

From The Courthouse To The Backyard: The Gendered Impact Of Transitional Justice Mechanisms In Post-Genocide Rwanda, Nam Luu

Government and International Relations Honors Papers

In one hundred days between April 6 and July 15, 1994, the Rwandan genocide took away the lives of approximately 800,000 Tutsis and politically moderate Hutus. The United Nations estimated that between 250,000 and 500,000 individuals were raped or sexually assaulted during the genocide, and rape was used as a tool of war with a clear genocidal intent to destroy the enemy. Both men and women subjected to rape, gang rape, sexual torture, sexual slavery, sexual mutilation, and various other types of abuse and humiliation. As the genocide ended with the victory of the Tutsi-dominated Rwandan Patriotic Front (RPF), Rwanda …

Engineering Victory: How Technology Won The Civil War, Mark A. Smith

Civil War Book Review

Victory Improvised Engineering Victory: How Technology Won the Civil War by Thomas F. Army Jr. is one of several recent studies that examine military engineering in the Civil War. These include Justin Solonick's similarly titled Engineering Victory: The Union Siege of Vicksburg (Sou....

The Ghosts Of Guerrilla Memory: How Civil War Bushwhackers Became Gunslingers In The American West, Bradley Keefer

Civil War Book Review

Heroes from Another Land: Confederate Guerrillas and the making of the Wild West Few events in American history generate as much popular interest and stir up as many conflicting memories as the Civil War and the Wild West. Both produced battles, heroes, villains, victims, drama, and controversy tha....

Astride Two Worlds: Technology And The American Civil War, Howard J. Fuller

Civil War Book Review

Exceptional or Representative: Technology and the American Civil War When lecturing about the American Civil War, one finds that the question of whether it was the 'first modern war' or the 'last Napoleonic conflict' invariably intrigues students -- who then devote perhaps too much of their researc....

Southern Manhood At The Margins, Joshua A. Lynn

Civil War Book Review

The study of southern masculinity is robust, with historians examining diverse groups of men beyond the planter class that jumpstarted the field. These two works feature men at the South's physical and cultural margins. Joseph M. Beilein Jr.'s work on Missouri guerillas depicts men who, although the....

Bloody Engagements: John R. Kelso's Civil War, George Rable

Civil War Book Review

The Many Lives of John R. Kelso John R. Kelso led an unusual and tumultuous life: Methodist minister, later atheist, schoolteacher, enlisted man, spy, cavalry officer, master of hairbreadth escapes, and finally writer. This three-times married, bookish, opinionated, intrepid, and volatile man is ....

The Thin Light Of Freedom: Civil War And Emancipation In The Heart Of America, Daniel W. Crofts

Civil War Book Review

Before and After Appomattox For the past decade and a half, Edward Ayers devoted himself to administrative duties, first as Dean of Arts and Sciences at the University of Virginia and then from 2007 to 2015 as the University of Richmond's president. While fine for UVA and Richmond, these arrangeme....

Analysis Of Novel Cyanide Antidote Dimethyl Trisulfide For Pharmacokinetic Studies, And Sulfur Mustard Metabolites For Identification Of Biomarker Of Inhaled Dose, Erica Manandhar

Electronic Theses and Dissertations

Cyanide poisoning by accidental or intentional exposure poses a severe health risk. The current FDA approved antidotes for cyanide poisoning can be effective, but each suffers from specific major limitations. Dimethyl trisulfide (DMTS), a sulfur donor that detoxifies cyanide by converting it into thiocyanate, is a promising next generation cyanide antidote. Although a validated analytical method to analyze DMTS is not currently available from any matrix, one will be vital for the approval of DMTS as a therapeutic agent against cyanide poisoning. Hence, a stir bar sorptive extraction (SBSE) gas chromatography – mass spectrometry (GC-MS) method was developed and validated …

Increased System Fidelity For Navy Aviation Hypoxia Training, Beth. F. Wheeler Atkinson, Janet Marnane, Daniel L. Immeker, Jonathan Reeh, John Zbranek, Ashwin K. Balasubramanian, David M. Mcettrick, W. Tyler Scheeler

Publications

In 2009, the Naval Aviation Survival Training Program (NASTP) Trainer Management Team (TMT) identified a need for a next-generation normobaric mask-on hypoxia trainer with enhanced capabilities due to the lack of positive air pressure provided by existing capabilities. The lack of a positive pressure-on-demand airflow delivery for current mask-on hypoxia training has been cited as a potential training gap wherein 44% of students experience air hunger (Artino, Folga, & Vacchiano, 2009). As a result, it is unclear whether students are able to recognize more subtle symptoms of hypoxia or if they are masked by air hunger. To address this, researchers …

Explaining The Gender Wage Gap In Rural And Urban China, Wei Gu

Electronic Theses and Dissertations

The gender wage gap is a long-standing and worldwide issue. Since the equality sense towards gender role are difference between rural and urban China, this paper will (1) compare the gender wage gap in rural and urban settings; (2) examine how the associated factors (such as education, occupation, and housework involvements) affect the wage; (3) assess and compare gender discrimination in the rural and urban labor markets. This paper utilizes the survey data from China Health and Nutrition Survey in 2011. The methods of descriptive statistics, correlation, and stepwise multiple regression models are applied in analyzing the data. The results …

The Federal Circuits’ Second Amendment Doctrines, David B. Kopel, Joseph G.S. Greenlee

Saint Louis University Law Journal

No abstract provided.

Our Nuclear Quandary: Deliberating U.S. Nuclear Armament & Its Alternatives For Execution 1946-1961, Andrew Ross

Undergraduate Honors Thesis Collection

Sitting amongst his National Security Councilors in 1958, President Eisenhower quipped of how he “could remember well when the military used to have no more than 70 targets in the Soviet Union and believed that destruction of these 70 targets would be sufficient.” Yet moments later, Eisenhower would grant his approval of a nuclear targeting plan which would strike all Soviet cities over the population of 25,000—a plan requiring thousands, not dozens, of nuclear weapons. The potential consequences of this dramatic surge in nuclear armament has led scholars to dispute how to characterize operational planning during the Nuclear Arms Race. …

"Plausible Cause": Explanatory Standards In The Age Of Powerful Machines, Kiel Brennan-Marquez

Faculty Articles and Papers

The Fourth Amendment's probable cause requirement is not about numbers or statistics. It is about requiring the police to account for their decisions. For a theory of wrongdoing to satisfy probable cause-and warrant a search or seizure-it must be plausible. The police must be able to explain why the observed facts invite an inference of wrongdoing, and judges must have an opportunity to scrutinize that explanation.

Until recently, the explanatory aspect of Fourth Amendment suspicion-"plausible cause"-has been uncontroversial, and central to the Supreme Court's jurisprudence, for a simple reason: explanations have served, in practice, as a guarantor of statistical likelihood. …

Rain, Rain, Don’T Go Away: Cloud Seeding Governance In The United States And A Proposal For Federal Regulation, Melissa Currier

University of the Pacific Law Review

No abstract provided.

E. Bement & Sons V. National Harrow Company: The First Skirmish Between Patent Law And The Sherman Act, Amelia Rinehart

Utah Law Faculty Scholarship

In the 1890s, the Sherman Act presented a host of unknowns for patent owners and lax enforcement enabled the proliferation of trusts like the Harrow Trust embodied in the practices of National Harrow. Bement, a profligate license violator, ended up fighting the trust all the way to the Supreme Court, but the surprising outcome left an enduring impression on the interplay between antitrust and patent law. In this way, the case has been both important and forgotten over time. Given the outcome in Actavis, and the possibility for a change of personnel on the Court that may shift it further …

Masking Femininity: Women And Power In Shakespeare's Macbeth, As You Like It, And Titus Andronicus, Kelly Sorge

Honors Theses and Capstones

This paper analyzes the power that Lady Macbeth from Macbeth, Rosalind from As You Like It, and Tamora from Titus Andronicus assert and answers the questions of how women assert power in Shakespeare and the role gender plays in power.

Year In Review Lecture, Milena Sterio

Law Faculty Articles and Essays

No abstract provided.

Survival Under Oppression: The Puerto Rican And Allied Struggle For Representation In Chicago, 1950-1983, Marisol Violanda Rivera

Dissertations

This dissertation explores the how various Latino organizations spanning from 1950 to 1983, helped Latinos gain representation within Chicago. Social clubs, which brought opportunity to European ethnics, no longer functioned as a conduit to direct power as white ethnics solidified their positions in the city. Progressive Latino organizations under government oppression suffered destruction or evolved in effort to obtain better opportunities for Latinos. Oral histories show how members of the organizations develop their own narratives and reveal the creation of discourses regarding events that occurred as well as the impact they had within their lives and on the community.

Sexual Minorities In Legal Academia: A Retrospection On Community, Action, Remembrance, And Liberation, Francisco Valdes

Articles

No abstract provided.

The Carried Interest Standoff: Reaffirming Executive Agency Authority, Dean Galaro, Gregory S. Crespi

SMU Law Review

This Article argues that, if reform is necessary, carried interest taxation should be amended by agency rulemaking and not by Congress. Much has already been said about carried interest, but this Article attempts to look through a new lens—legislative history. Carried interest presents a complicated question about the application of foundational partnership tax principles. It is an issue that has received popular attention only within the last decade. Since then, the face of reform has been efforts in Congress to pass an overly complex bill—Section 710. By looking back through the legislative history of carried interest, we begin to see …

In Re Cain (Gonzalez V. Twitter), Southern District Of New York

Historical and Topical Legal Documents

No abstract provided.

History Of Applied Science & Technology: An Open Access Textbook, Danielle Mead Skjelver, David Arnold, Hans Peter Broedel, Sharon Bailey Glasco, Bonnie Kim, Sheryl Dahm Broedel

Open Educational Resources

This textbook is designed to to meet the needs of History of Applied Science and Technology courses at colleges and universities around the world. Chapters will be organized around the theme of the transformative impact of technological and epistemological changes on worldview and human behavior as they relate to everyday life and global choices. We believe this textbook is the first History of Applied Science and Technology textbook to take a global approach, addressing persistent gaps in coverage in Africa, Asia, and the Americas. This is a collaborative, open access project. If you are interested in participating, please let us …