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1998 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti

Unlv Magazine, Barbara Cloud, Laurie Fruth, Chris Johnson

UNLV Magazine

No abstract provided.

Equal Educational Opportunity And Constitutional Theory: Preliminary Thoughts On The Role Of School Choice And The Autonomy Principle, Michael Heise

Cornell Law Faculty Publications

Inadequate schools impede America's long-standing quest for greater equal educational opportunity. The equal educational opportunity doctrine, traditionally moored in terms of race, has expanded to include notions of educational adequacy. Educational adequacy is frequently construed in terms of educational spending and framed in terms largely incident to constitutional litigation.

This paper explores the potential intersections of the school choice and school finance movements, particularly as they relate to litigation and policy. The paper argues that school choice policies constitute a viable remedy for successful school finance litigation and form a remedy that simultaneously advances individual autonomy, one critical constitutional principle.

In The Title Ix Race Toward Gender Equity, The Black Female Athlete Is Left To Finish Last: The Lack Of Access For The “Invisible Woman", Tonya M. Evans

Law Faculty Scholarship

Although each of us is defined by race and gender, those of us who are neither white nor male often experience invisibility as a result of our dual subordinate status.... Black women have been disproportionately located at the lower end of the economic hierarchy and, therefore, have been unable to afford private golf, swimming, or tennis lessons. Overt racial discrimination prevented black women from gaining access to the sports participated in by white women. To the extent that the main thrust of solutions to gender inequity and a lack of adherence to Title IX mandates has been the addition of …

Foreign Banking Legislation In The U.S., Jun Chen

LLM Theses and Essays

This thesis addresses the dramatic change in legislation for the operation of foreign banks in the U.S in reaction to more recent myriad of opportunities for foreign banks within the U.S. The author takes on an historical perspective to the nature and concept of foreign banking, the International Banking Act of 1978, the Foreign Bank Supervision Enhancement Act of 1991, and the problems and lessons learned from the Daiwa and BCCI scandals. The author concludes with analysis and comments on current U.S. foreign banking legislation while proposing that U.S. banking regulations on foreign banks, though necessary to protect the U.S. …

Copyright On The Internet: A Comparison Of U.S. And E.C. Protection, Erik Daems

LLM Theses and Essays

The advancement in technology, the information super highway and the internet have threatened the intellectual property of copyright owners. There is now, a relative ease in the copying, reproduction and transmission of copyrighted work through digitization. This thesis explores the legal systems of the United States, and the European Community, and their proposals towards adequate protection of works from copyright infringement. The thesis examines the competing interests of the copyright owner, the rights of users of the internet, and the role of the legislators in the United States and the European Community in balancing and protecting these interests.

The Impact Of The Kodak Decision To Antitrust Tying Challenges In Trademark Licensing: The Search For Legal Certainty, Clotilde Forest

LLM Theses and Essays

The recent increase in trademark licensing has drawn the attention of antitrust authorities. This paper focuses on establishing patterns as to the validity, under antitrust law, of “hot” clauses present in medium to long term marketing programs especially in the light of the recent decision of the Supreme Court of the United States in Eastman Kodak Co. v. Image Technical Services, Inc., 504 U.S. 451 (1992). The paper explores the contractual policy of having stable legal standards to ensure an efficient implementation of contractual terms that are immunized from adverse antitrust challenges throughout the term of the contract. This paper …

Copyright Protection Of Software, Severine Desimpelaere

LLM Theses and Essays

Computer technology has developed within the last decades with many advancements which require intellectual property protections. This thesis addresses the need for the legal protection of software by the vast body of copyright laws. This thesis examines the history, nature, textual and practical compositions of copyright laws and their adaptability to computer technology. The thesis further analyses the scope of copyright protection with emphasis on the Computer Software Copyright Act of 1980 (CSCA), the regime of international conventions for the protection of software as well as other statutory protections for the owners and users of the software. The thesis concludes …

"The Worst Of Both Worlds" Or Was The Therapeutic Mission Of The Juvenile Court System A One-Way-Street? - The German Juvenile Court System Compared To The American Situation, Joerg Fries

LLM Theses and Essays

Juvenile delinquency and convictions are on a record high in the United States and Germany, and there are concerns about balancing the diversionary interests of the juvenile justice system with the need for public safety. This thesis focuses on a comparison between the German and American Juvenile Court systems by exploring the different theories of punishment, sentencing, criminal law, juvenile delinquency and public safety. The thesis examines the birth of the parens patriae concept and establishment of the American juvenile court, as well as the problems of balancing the penal nature of the criminal law, rehabilitative goals of the juvenile …

Child-Custody Adjudication - The Twentieth Century Dilemma: Reconciling The Best Interest Of The Child In A Cross-Cultural Setting, Jasmine Rita Renner

LLM Theses and Essays

Child Custody determination in family law is a herculean task. It typically depends on the balancing of interests between two parents that works in tandem with the best interest of the child. This paper addresses the legal and constitutional factors that affect custody adjudication in the 20th century such as feminist jurisprudence, and the growing concept of joint custody with primary caretaker rule. The paper also examines the role and impact of assisted reproductive technology on custody adjudication. Most importantly, the paper focuses on the best interest of the child doctrine under Article 3(1) of the United Nations Convention on …

Themes That Thread Through Society: Racism And Athletic Manifestation In The African-American Community, Keith Harrison

EGS Content

The purpose of this article is to examine and critically analyze the impact of sport in the African-American community. This critique of the social and behavioral outcomes of sport in the African-American community will include philosophical, historical, and sociological inquiry most affecting the plight of the African-American male in academics and athletics. Data on the perceptions of contemporary African-American men participating in sport in higher education will also add more support to the conclusion that race and sport are socially constructed in society.

Copyright Issues For The Technological Classroom : What Is Permissible Under Current Copyright Law And Guidelines For Educators In The Design And Use Of Multimedia, Disance Learning, And Other Recent Technological Advances?, Anthony Kenneth Clark

Graduate Research Papers

Technologies, such as computers, Internet, electronic mail etc., offer educational institutions limitless opportunities for learning and teaching. While technological advancements encourage academia to boldly go where no one has gone before, there are legitimate copyright and intellectual property concerns that need to be addressed. The current copyright law passed in 1976, although it legally established the Fair Use principle, is inadequate given the age we live in.

To encourage dialogue, this review of the literature will explore the applicability of copyright law to educators in the electronic environment. Current law, established guidelines, and recent court decisions will be discussed in …