Digital Commons Network^™

A Transactional Theory Of The Reader In Copyright Law, Zahr K. Said

Articles

Copyright doctrine requires judges and juries to engage in some form of experiencing or “reading” artistic works to determine whether these works have been infringed. Despite the central role that this reading—or viewing, or listening—plays in copyright disputes, copyright law lacks a robust theory of reading, and of the proper role for the “reader.” Reading matters in copyright cases, first, because many courts rely on the “ordinary observer” standard to determine infringement, which requires figuring out or assuming how an ordinary observer would read the works at issue. Second, most courts characterize a key part of infringement analysis as a …

The Advent Of Lawyers In Japanese Government, Daniel H. Foote

Articles

Until 2003, Japanese lawyers were prohibited by law from entering full-time employment in governmental bodies. That year, in line with recommendations by the Justice System Reform Council, the Lawyers Act was amended to permit lawyers to undertake such employment. Incorporating information and insights from interviews with former government lawyers and other concerned parties, this article examines the rise in the hiring of government lawyers and its impact. The article considers factors that have contributed to the increase, examines the roles played by these lawyers, considers prospects for the future, and discusses implications for government, the legal profession, clients, and legal …

Dedication To Judge Kathleen F. Trandahl, South Dakota Law Review

South Dakota Law Review

No abstract provided.

A Bone To Pick: Applying A Best Interest Of The Family Standard In Pet Custody Disputes, L. Morgan Eason

South Dakota Law Review

No abstract provided.

Excessive Force Cases And Incidents Of Deadly Police Force Ignite Possibilities For Change In Eighth Circuit Sec. 1983 Law, Shad E. Christman

South Dakota Law Review

No abstract provided.

Lessons Learned: The Pea Ridge School District's Discrimination Against Students With Hiv/Aids Has Rekindled Difficult Issues, Nicole Oelrich Tupman, Barbara C. Gartin, Nikki L. Murdick

South Dakota Law Review

No abstract provided.

Be Neurotic And Evolve Into Your Special Calling, Roger M. Baron

South Dakota Law Review

No abstract provided.

University And Law School Personnel, South Dakota Law Review

South Dakota Law Review

No abstract provided.

Masthead, South Dakota Law Review

South Dakota Law Review

No abstract provided.

Title Page, South Dakota Law Review

South Dakota Law Review

No abstract provided.

South Dakota's Public Trust Doctrine: Conserving Natural Resources In The Twenty-First Century, John H. Davidson

South Dakota Law Review

No abstract provided.

The Trilogy And Beyond, Perry L. Moriearty

South Dakota Law Review

No abstract provided.

South Dakota's Data-Driven, Evidences-Based Juvenile Justice Reform, Wendy Hess, Emily Verhine

South Dakota Law Review

No abstract provided.

Juridogenic Harm And Adverse Childhood Experiences, Autumn R. Ascano, Joseph A. Meader

South Dakota Law Review

No abstract provided.

University And Law School Personnel, South Dakota Law Review

South Dakota Law Review

No abstract provided.

A Campaign Approach To Challenging The Prosecution Of Youth As Adults, Marcy Mistrett, Jeree Thomas

South Dakota Law Review

No abstract provided.

Children Are Sacred: Applying Navajo (Dine) Fundamental Law To Strengthen Juvenile Justice, Troy A. Eid, Deanna Goldtooth

South Dakota Law Review

No abstract provided.

Native Youth & Juvenile Injustice In South Dakota, Addie C. Rolnick

South Dakota Law Review

No abstract provided.

Punishment That Does Not Fit The Crime: The Unconstitutional Practice Of Placing Youth On Sex Offender Registries, Ashley R. Brost, Annick-Marie S. Jordan

South Dakota Law Review

No abstract provided.

The Movement To Stop Youth Solitary Confinement: Drivers Of Success & Remaining Challenges, Amy Fettig

South Dakota Law Review

No abstract provided.

Understanding Leadership Practice Utilizing A Naturalistic Decision-Making Model Among Health Care Leaders, Andrea Ilene Hart

UNF Graduate Theses and Dissertations

This study analyzes the leadership practice of two experienced female leaders from the health care sector to understand their decision-making processes as it relates to their personal theorizing. Ineffective and unethical leadership in American business is a reality in today’s society. Organizations are in need of leaders who approach leadership from a paradigm which supports effective leadership practice. It is my assertion regarding this study that effective leadership may be connected to a leader’s values which impact their leadership practice and decision-making.

This study relies on a conceptual and theoretical framework based in Cornett’s (1990) Naturalistic Decision Making Model. It …

A Theory Of Structured Experience, Gary D. Ellis, Patti A. Freeman, Tazim Jamal, Jingxian Jiang

Faculty Publications

We extend Duerden, Ward, and Freeman’s [2015. “Conceptualizing Structured Experiences.” Journal of Leisure Research 47 (5): 601– 620] ‘structured experience’ framework by proposing a formal theory of structured experiences. The theory advances propositions about how leisure service providers may structure environments and interactions to facilitate specific subjective experiences for guests and participants. Following the Duerden, Ward, and Freeman (2015) paper, the theory of structured experience is an integration of literature from leisure studies, tourism, and marketing. Formal definitions are provided for four co-created subjective experiences: immersion, absorption, engagement, and deep structured experience. Propositions about specific strategies providers can use to …

Paper/Pencil Versus Online Data Collection: An Exploratory Study, Peter Ward, Taralyn Clark, Ramon Zabriskie, Trevor Morris

Faculty Publications

Usage of online data-collection methods are increasing in leisure research. Some potential benefits to using online methods over traditional paper/pencil techniques include financial savings and easier access to large populations. Disadvantages, however, include difficulty in sample selection and variations of the instruments’ reliability. This study explores how subject responses potentially differ when collecting data online versus paper/pencil for six instruments commonly used within leisure research. A repeated measure design with paired sample t-tests and HLM was used with 207 college students to compare these methods of data collection. Responses differed between methods on three of the tested instruments. A general …

L'Intégration D'Antoine Au Poste D'Opérateur De Camion À Benne Surdimensionné, Élise Ledoux, Sylvie Beaugrand

Guides

No abstract provided.

Anthony's Integration Into The Job Of Oversized Dump Truck Operator, Élise Ledoux, Sylvie Beaugrand

Guides

No abstract provided.

'Illegal' Migration Is Speech, Daniel Morales

College of Law Faculty

Non-citizens must comply with immigration laws just because citizens say so. The citizenry takes for granted its monopoly on immigration control, but the legitimacy of this arrangement has been called into question by cutting-edge political theorists. One prominent theorist argues, for example, that basic democratic principles require that non-citizens living outside the U.S. have a say in the formation of immigration law, since they must obey it. For the first time, this Article provides a legal response to these political theory developments, assimilating them, along with the facts on the ground, into an account of “illegal” migration as First Amendment …

Influence Of Gender And Cultural Values On Savoring In Korean Undergraduates, Soyeon Kim, Fred B. Bryant

Psychology: Faculty Publications and Other Works

The present study investigated antecedents of savoring beliefs and responses in a sample of South Korean college students. Historically, Korea has been strongly influenced by Chinese Confucianism, which emphasizes not only gender-role differentiation and patriarchal norms, but also the dampening of emotions as a culturally appropriate style of positive emotional regulation. We hypothesized that Korean females, relative to males, would reject traditional Asian cultural values in order to gain more empowerment, and would, as a result, report a greater capacity to savor positive experience. Confirming the hypotheses, Korean women, compared to men, reported stronger disagreement with traditional Asian values, greater …

Informal, Inquisitorial, And Accurate: An Empirical Look At A Problem-Solving Housing Court, Jessica K. Steinberg

GW Law Faculty Publications & Other Works

Substantive justice is often seen as elusive in courts dominated by low-income individuals. Complex court rules, coupled with pervasive lack of counsel, can make it difficult for the traditional adversary process to identify and redress legitimate grievances. This Article takes on the social problem of substandard housing and examines whether inquisitorial procedure has the potential to produce accurate outcomes in a tribunal dominated by the unrepresented.

Relying on in-court observations of nearly 300 hearings, and a longitudinal review of nearly 75 cases, this Article surfaces the regularized procedures utilized by a purported “problem-solving” housing court, and theorizes that the inquisitorial …

Lamps, Maps, Mud-Machines, And Signal Flags: Science, Technology, And Commerce In The Early United States, James Russell Risk

Theses and Dissertations

As the United States looked forward to its future as an independent nation at the end of the eighteenth century, many saw commerce as a way to secure the nation’s future. American commerce, however, was plagued by a number of commercial problems. Solving these commercial problems facilitated an interest in science and the practical arts as engineers, inventors, mechanics, public officials, and everyday tinkerers innovated new apparatuses to preserve, promote, and protect American commerce. Many of America’s commercial problems in the early nineteenth century, however, resulted from the young nation’s varied geography and environments. Combating the environment’s unrelenting forces often …

In Your Experience: Pathways And Barriers For Female Students Of Stem, Elizabeth J. Hartnett

Theses and Dissertations

This study addresses the gender gap that exists in the STEM professions. The number of jobs in STEM is climbing rapidly, but participation by women is disproportionately low. Although they make up roughly half of the overall population, women account for only about one quarter of the STEM workforce. A similar gap exists among undergraduates majoring in STEM fields. This is an exploratory study intended to identify and explore factors contributing to this gender gap, as perceived by undergraduate students. Through an online survey and follow-up interviews of undergraduates at two universities in the southeastern United States, data were collected …