Law Commons^™

Open Access: Good For Readers, Authors, And Journals, Carol Watson, James M. Donovan

Articles, Chapters and Online Publications

Readers, authors, and even law journal publishers will all achieve their different but related interests by adopting open access principles. Open access works for everyone, and is the future of information creation and distribution.

Calling Bulls**T On The Lanham Act: The 2(A) Bar For Immoral, Scandalous, And Disparaging Marks, Megan M. Carpenter, Kathryn T. Murphy

Law Faculty Scholarship

As the Lanham Act approaches the age of 65, it is a good time to take stock of its application to, and place within, the object and purpose of trademark law. Trademark law seeks to promote fair competition by reducing consumer search costs and preventing confusion in the minds of consumers as to the source of goods and services. However, Section 2(a) of the Lanham Act prevents registration of marks that are “immoral,” “scandalous,” “disparaging,” “deceptive,” or which “create a false association” with persons, institutions, beliefs, or national symbols. The 2(a) bar expands trademark law well beyond its basic goals. …

Television May Be Game-Changer, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

To wid presidential candidates will have to secure strong support across the political divide

5m3 Interview On "Estratégias Para A Televisão Digital Terrestre", Nicola Matteucci

Nicola Matteucci

O 5M3 lançou três questões autor, no sentido de actualizar o artigo e obter uma visão a posteriori sobre o seu conteúdo. O resultado é o Anexo a este 5M3, no qual mantivemos os comentários no seu detalhe e na língua em que o autor as escreveu. O 5M3 quis saber se o processo de transição para a TDT tem sido demasiado tecnocrático: e o lado dos consumidores? Matteucci concorda. O debate terá sido muito pautado por um enfoque na questão da “convergência tecnológica” em prejuízo de uma maior atenção ao lado da procura. O 5M3 lançou também uma questão …

Is There A Truly Independent Candidate?, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Assistant Professor of Law Eugene Tan provides an analysis of the three possible presidential election candidates, the Government's role in endorsing its preferred candidate and how the presidential election campaign is likely to pan out.

बाधकृत मैदानी आद्र क्षेत्रो में मातस्यकी प्रबंधन (Fisheries Management In Floodplain Wetlands), Ganesh Chandra

Ganesh Chandra

No abstract provided.

Annual Review Of Social Partnerships Issue 6, Maria May Seitanidi

Maria May Seitanidi

This is the 6th Issue of the Annual Review of Social Partnerships previously known as the NPO-BUS Partnerships Bulletin.

Conflict Management Education In Medicine: Considerations For Curriculum Designers, Jeffery Kaufman

Online Journal for Workforce Education and Development

It is important to address conflict in the medical field for a variety of reasons ranging from reducing turnover to increasing the quality of care received by patients. One way to assist with the management of medical conflict is by teaching resolution techniques to medical personnel. There is an opportunity for conflict management curriculum to address many of the issues facing physicians, administrators, staff and patients, however, it is also necessary for those developing that curriculum to understand the nature of the environment and appropriate conflict management tools to be used in that environment as part of the design process. …

(Re)Constituting The Immigrant Body Through Policy: A Rhetorical Analysis Of The Narratives Within The Discourses Of The Development, Relief, And Education For Alien Minors Act (Dream Act), Emily Rae Ironside

Graduate Theses and Dissertations

Using the testimonies surrounding the Development, Relief, and Education for Alien Minors Act (DREAM Act) as a primary case study, this project provides a rhetorical investigation of the interplay between narratives, nation building, national identity, policymaking, and the American immigrant. This project first identifies the grand narrative of exclusionary nationalism as the primary narrative constituting the American identity. Then, this project examines the rhetoric of policymakers to demonstrate how an Anglo-Saxonized, elitist notion of American identity is rhetorically constituted by assimilationist, racist, xenophobic, and classist discourses. Moreover, it argues policymakers maintain the narrative dominance of exclusionary nationalism through restrictive immigration …

Old Media Vs. New Media: Characterizations Of Free Speech During Times Of War, Jamie A. Mercurio

Senior Honors Projects

Old Media vs. New Media: Characterizations of Free Speech During Times of War

Jamie Mercurio

Faculty Sponsor: Dr. Ian Reyes, Communication Studies

If citizens want their voices to be heard, they must know how to make them be heard. This project will outline and discuss several situations throughout recent history in which citizens with significant statements to make managed to catch the eye of the mass media and practically become household names. Each of the cases plays upon American First Amendment rights against a backdrop of two noteworthy time periods in American history: the Vietnam War era (specifically the late …

London, Libel Capital No Longer? The Draft Defamation Act 2011 And The Future Of Libel Tourism, Thomas Sanchez

The University of New Hampshire Law Review

[Excerpt] “In the past decade, London emerged as the forum of choice for “libel tourists”—strategic, often foreign, plaintiffs who bring defamation actions in a jurisdiction with plaintiff-friendly libel laws, even if they and the defamatory material at issue lack a substantial connection with that jurisdiction. England’s defamation laws and procedures make it significantly easier for claimants to commence and prevail in libel actions than do the laws and procedures of many other countries, particularly the United States. As a result, English courts have entertained several high-profile defamation cases involving foreign parties who have only tenuous connections to England, such as …

Privacy Law And The Internet Using Facebook.Com As A Case Study, Amelia D. Grubbs

Chancellor’s Honors Program Projects

No abstract provided.

Facebook And The Police: Communication In The Social Networking Era, Mari Sakiyama, Deborah K. Shaffer, Joel D. Lieberman

Graduate Research Symposium (GCUA) (2010 - 2017)

An increasing number of police departments are using Facebook to communicate with the public. As with any emerging communications technology, there is considerable variation in the usage of this medium. This study reports the results of a content analysis designed to determine how police departments are using Facebook.

Determinants Of Domestic Minor Sex Trafficking And The Urgent Need For A Global Cultural Shift, Karen M. Hoover

Senior Honors Theses

In the United States, an overtly selfish and sexual culture contributes to the spread of human trafficking, thereby requiring a complete culture shift in order to diminish this modern day slavery initiated by the aberrant culture. Sex trafficking of minors in the United States encompasses a variety of factors that facilitate the bondage and brutal enslavement of American children. These children are bought and sold hundreds of times, with no regard for their personal well-being. Major factors such as demand, vulnerability, and America’s induced culture of sex serve to increase the environment that trap children and youth in commercial sexual …

Internet History, Raphael Cohen-Almagor

raphael cohen-almagor

This paper outlines and analyzes milestones in the history of the Internet. As technology advances, it presents new societal and ethical challenges. The early Internet was devised and implemented in American research units, universities, and telecommunication companies that had vision and interest in cutting-edge research. The Internet then entered into the commercial phase (1984-1989). It was facilitated by the upgrading of backbone links, the writing of new software programs, and the growing number of interconnected international networks. The author examines the massive expansion of the Internet into a global network during the 1990s when business and personal computers with different …

Cloud Computing: Architectural And Policy Implications, Christopher S. Yoo

All Faculty Scholarship

Cloud computing has emerged as perhaps the hottest development in information technology. Despite all of the attention that it has garnered, existing analyses focus almost exclusively on the issues that surround data privacy without exploring cloud computing’s architectural and policy implications. This article offers an initial exploratory analysis in that direction. It begins by introducing key cloud computing concepts, such as service-oriented architectures, thin clients, and virtualization, and discusses the leading delivery models and deployment strategies that are being pursued by cloud computing providers. It next analyzes the economics of cloud computing in terms of reducing costs, transforming capital expenditures …

Vicarious Liability And The Private University Student Press, Nancy Whitmore

Nancy J. Whitmore

Once described as a quintessential marketplace of ideas by the Supreme Court of the United States, the academic marketplace has been criticized recently for institutionalizing a left-leaning ideology within its curriculum and academic discourse. As a result, national activists and organizations have been calling on state legislatures and university administrators to adopt policies and report on steps taken to encourage intellectual diversity and protect political and cultural minorities from faculty bias and academic retribution in the classroom and other university settings. But who would win a constitutional showdown between the academy and those seeking to infuse academic discourse with alternative …

First Amendment Showdown: Intellectual Diversity Mandates And The Academic Marketplace, Nancy Whitmore

Nancy J. Whitmore

Once described as a quintessential marketplace of ideas by the Supreme Court of the United States, the academic marketplace has been criticized recently for institutionalizing a left-leaning ideology within its curriculum and academic discourse. As a result, national activists and organizations have been calling on state legislatures and university administrators to adopt policies and report on steps taken to encourage intellectual diversity and protect political and cultural minorities from faculty bias and academic retribution in the classroom and other university settings. But who would win a constitutional showdown between the academy and those seeking to infuse academic discourse with alternative …

Deadly Silence: An Assessment Of Emergency Alert Systems For Lincoln County, Georgia, Gretchen B. Keneson,

Georgia Journal of Public Policy

Rural counties have a predisposition to sustaining catastrophic losses during natural emergencies. These counties tend to have poorer economic conditions that exacerbate attempts at hazard mitigation. Emergency Alerts Systems (EAS) are the most efficient and effective ways to provide information of impending danger. This study will compare and contrast different EAS to determine which would accommodate the needs of a community. The most successful way for most counties to alert citizens is through the use of a combination of redundant systems. For pastoral Lincoln County, Georgia the optimal systems are an alert siren and auto call capabilities. Both of these …

Rough Consensus And Running Code: Integrating Engineering Principles Into Internet Policy Debates, Christopher S. Yoo

All Faculty Scholarship

This is the introduction to a symposium issue for a conference designed to bring the engineering community, policymakers, legal academics, and industry participants together in an attempt to provide policymakers with a better understanding of the Internet’s technical aspects and to explore emerging issues of particular importance to current broadband policy.

The Effects Of Job Satisfaction, Organizational Commitment, Organizational Citizenship Behavior On Turnover Intentions, Orhan Ulndag, Sonia Khan, Nafiya Guden

Hospitality Review

The current study investigated the effects of job satisfaction and organizational commitment on organizational citizenship behavior and turnover intentions. The study also examined the effect of organizational citizenship behavior on turnover intentions. Frontline employees working in five-star hotels in North Cyprus were selected as a sample. The result of multiple regression analyses revealed that job satisfaction is positively related to organizational citizenship behavior and negatively related to turnover intentions. Affective organizational commitment was found to be positively related to organizational citizenship behavior. However, the study found no significant relationship between organizational commitment and turnover intentions. Furthermore, organizational citizenship behavior was …

Affective Labor And Governmental Policy: George W. Bush's New Freedom Commission On Mental Health, Kristin A. Swenson

Scholarship and Professional Work - Communication

As affective labor is becoming more dominant in contemporary capitalism, the affect of the body politic is increasingly important. This article argues for a theory of the affective state apparatus to account for the state‟s role in governing the affect of the population. An analysis of George W. Bush‟s Achieving the Promise: Transforming Mental Health Care in America reveals that an affective state apparatus functions to capture, constitute, and circulate the affects of the population. This article contends that an affective state apparatus operates through the very intimacies of our bodies in order to produce ever more efficient and productive …

Purposeful Engagement Of First-Year Division I Student-Athletes, Keith Harrison

Dr. C. Keith Harrison

This study examined the extent to which transitioning, first-year student-athletes engage in educationally sound activities in college. The sample included 147 revenue and nonrevenue first-year student-athletes who were surveyed at four large Division 1-A universities. Findings revealed that revenue and nonrevenue first-year student athletes differed regarding their academic and athletic identities. Transitioning revenue student-athletes rated themselves as having slightly higher athletic identities, yet lower academic identities compared to their nonrevenue counterparts. The findings from this study also indicated that the kinds of effective educational practices that first-year student-athletes engage in have a positive influence on their academic self-concept. These findings …

Collective Choice, Justin Schwartz

Justin Schwartz

This short nontechnical article reviews the Arrow Impossibility Theorem and its implications for rational democratic decisionmaking. In the 1950s, economist Kenneth J. Arrow proved that no method for producing a unique social choice involving at least three choices and three actors could satisfy four seemingly obvious constraints that are practically constitutive of democratic decisionmaking. Any such method must violate such a constraint and risks leading to disturbingly irrational results such and Condorcet cycling. I explain the theorem in plain, nonmathematical language, and discuss the history, range, and prospects of avoiding what seems like a fundamental theoretical challenge to the possibility …

Feeling At Home: Law, Cognitive Science, And Narrative, Lea B. Vaughn

Lea B Vaughn

What is the “how and why” of law’s affinity for narrative? In order to explain why the use of stories is such an effective teaching and presentation strategy in the law, this paper will consider theories and accounts from cognitive as well as evolutionary psychology, neuroscience, and, briefly, cultural anthropology. This account seeks to address “how” narrative helps us learn and use the law as well as “why” we are so compelled to use stories in teaching and in practice.

Brain science, simplified here, suggests that the first task is to “grab” someone’s attention. Emotionally charged events are more likely …

Commons / Commodity: Peer Production Caught In The Web Of The Commercial Market, Bingchun Meng, Fei Wu

Philip F Wu

The development of digital technology and computer networks has enabled many kinds of online collaboration. This article examines Zimuzu, a Chinese case of online peer production, which provides an opportunity to extend our understanding of how the tensions between the commodity and commons production models are being articulated in an online setting. Using empirical evidence collected from face-to-face interviews, online posts and online ethnographic observation, our analysis demonstrates that there is constant negotiation over which aspects of the two seemingly opposing models will be adopted by the community. We argue that it is important to conceptualize the peer production process …

The Evolution Of The Us Drm Debate, 1987-2006, Bill D. Herman

Bill D. Herman

Scholars who discuss copyright often observe that the voices for stronger copyright have more financial and political capital than their opponents and thus tend to win in Congress. While the playing field is still quite slanted toward stronger copyright, the politics around the issue are much messier and less predictable. This study, a detailed political and legislative history of the major proposals regarding copyright and digital rights management from 1987 to 2006, illustrates how this policy dynamic has changed so drastically. In 1987, there was no organized opposition to copyright’s expansion. By 2006, however, there was a substantial coalition of …

Cancun Climate Negotiations, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

The United Nations Climate Change Conference, held from November 29 to December 11, 2010, in Cancún, Mexico, relaunched the United Nation's multilateral facilitation role.

Legal Impediments To The Diffusion Of Telemedicine, Diane E. Hoffmann, Virginia Rowthorn

Faculty Scholarship

No abstract provided.

A Case Study Investigating The Interpretation And Implementation Of The Transformative Mediation Technique, Chuks Petrus Nweke

Walden Dissertations and Doctoral Studies

For decades, unresolved conflicts have negatively influenced the general public through increased violence, overwhelming the judicial system. A literature review suggested that between 15% and 20% of conflicts result in an impasse. This study was designed to understand how the implementation and application of the transformative meditation technique (TMT) is used to resolve conflicts. The purpose of this qualitative case study was to investigate the interpretation and implementation of TMT. This qualitative case study was grounded in the conceptual framework of interest-based negotiation (IBN) principles. The research questions focused on mediators' perceptions, interpretations, and depth of knowledge, as well as …