Skidmore v. Led Zeppelin: Extraordinary Circumstances and the Perpetual Statute of Limitations in Copyright Infringement

This Note addresses [the perpetual copyright limitations period under Federal Law]—specifically, how it came to be, its current application, and what can be done about it. In Part II, this Note gives the background information of the case-in-chief, Skidmore v. Led Zeppelin, and briefly idenitifies its relevant holdings. Part III provides an outline of substantive copyright law, focusing on the subject matter of works protected under the law, the scope of those protections, and the legal basis of musical work infringement claims. Last, in Part III, this Note looks to Skidmore\u27s application of this substantive law. Part IV explores the various limitations on actions for copyright infringement, including the defenses of: (1) an expired statute of limitations; (2) waiver or abandonment of rights; and (3) the equitable doctrine of laches. It then looks to Skidmore\u27s application of these defenses in relation to Led Zeppelin\u27s motion for summary judgment. Part V provides an in depth discussion of Petrella v. Metro-Goldwyn-Meyer, a 2014 Supreme Court case in which several issues related to limitations on actions in copyright were addressed. Then in Part VI, the Supreme Court\u27s holding and reasoning in Petrella are applied to and analyzed through the lens of the facts in Skidmore. In this section, this Note will argue that the court, in applying Petrella, failed to properly consider and appreciate the circumstances of the case in light of the Supreme Court\u27s recognition in Petrella that exceptional circumstances may bar a copyright infringement action, even when a statute of limitations is present. Part VII suggests changes to the Copyright Act which, if employed by Congress, would eliminate the ambiguity in the statute and relieve the federal district courts of the heavy burden it creates

A Tale of Three Cities: Crime and Displacement after Hurricane Katrina

When Hurricane Katrina struck New Orleans in August 2005, it greatly disrupted both the physical and social structures of that community. One consequence of the hurricane was the displacement of large numbers of New Orleans residents to other cities, including Houston, San Antonio, and Phoenix. There has been media speculation that such a grand-scale population displacement led to increased crime in communities that were recipient of large numbers of displaced New Orleans residents. This study was a case study of three cities with somewhat different experiences with Katrina\u27s diaspora. Time series analysis was used to examine the pre- and post-Katrina trends in six Part I offenses (murder, robbery, aggravated assault, rape, burglary, and auto theft) to assess any impact of such large-scale population shifts on crime in host communities. Contrary to much popular speculation, only modest effects were found on crime. Social disorganization theory was used to frame both the analysis and the interpretation of these result

Sedimentary aggregates in the Peoria Loess of Nebraska, USA

Loess grain size data used to infer transport direction or wind strength are generally derived from vigorously disaggregated samples. However, these data may not adequately represent the effective particle size distribution during loess transport, if the transported dust contained aggregates of fine-grained material. Thin sections of minimally altered C and BC horizons in the late Pleistocene Peoria Loess of Nebraska, USA, indicate the presence of aggregates with diameters of 30–1000 Am. The larger aggregates (\u3e250 μm) are unlikely to have been transported, and are interpreted as the result of soil faunal activity and other pedogenic processes after deposition. Aggregates smaller than 250 Am could have a similar origin, but laser diffraction particle size analysis suggests that many are sedimentary particles. Comparison of minimally and fully dispersed particle size distributions from each sampling site was used to estimate the modal diameter of aggregates. The aggregate modal diameter becomes finer with decreasing loess thickness, representing increasing distance from the source. A similar trend was observed in the modal diameter of fully dispersed particle size distributions, which represents the mode of sand and silt transported as individual grains. We interpret both trends as the result of sorting during transport, supporting the interpretation that many of the aggregates were transported rather than formed in place. Aggregate content appears to increase with distance from the source, explaining a much more rapid downwind increase in clay content than would be expected if clay were transported as particles smaller than 2 Am diameter. Although the Peoria Loess of Nebraska contains sedimentary aggregates, many of the coarse silt and sand grains in this loess were transported as primary particles, were thoroughly exposed to sunlight and are potentially well suited for luminescence dating

The Local Nanohertz Gravitational-Wave Landscape From Supermassive Black Hole Binaries

Supermassive black hole binaries (SMBHBs) in the 10 million to 10 billion $M_\odot$ range form in galaxy mergers, and live in galactic nuclei with large and poorly constrained concentrations of gas and stars. There are currently no observations of merging SMBHBs--- it is in fact possible that they stall at their final parsec of separation and never merge. While LIGO has detected high frequency GWs, SMBHBs emit GWs in the nanohertz to millihertz band. This is inaccessible to ground-based interferometers, but possible with Pulsar Timing Arrays (PTAs). Using data from local galaxies in the 2 Micron All-Sky Survey, together with galaxy merger rates from Illustris, we find that there are on average $91\pm7$ sources emitting GWs in the PTA band, and $7\pm2$ binaries which will never merge. Local unresolved SMBHBs can contribute to GW background anisotropy at a level of $\sim20\%$, and if the GW background can be successfully isolated, GWs from at least one local SMBHB can be detected in 10 years.Comment: submitted to Nature Astronomy (reformatted for arXiv

Heterogeneity in HIV and cellular transcription profiles in cell line models of latent and productive infection: implications for HIV latency.

BackgroundHIV-infected cell lines are widely used to study latent HIV infection, which is considered the main barrier to HIV cure. We hypothesized that these cell lines differ from each other and from cells from HIV-infected individuals in the mechanisms underlying latency.ResultsTo quantify the degree to which HIV expression is inhibited by blocks at different stages of HIV transcription, we employed a recently-described panel of RT-ddPCR assays to measure levels of 7 HIV transcripts ("read-through," initiated, 5' elongated, mid-transcribed/unspliced [Pol], distal-transcribed [Nef], polyadenylated, and multiply-sliced [Tat-Rev]) in bulk populations of latently-infected (U1, ACH-2, J-Lat) and productively-infected (8E5, activated J-Lat) cell lines. To assess single-cell variation and investigate cellular genes associated with HIV transcriptional blocks, we developed a novel multiplex qPCR panel and quantified single cell levels of 7 HIV targets and 89 cellular transcripts in latently- and productively-infected cell lines. The bulk cell HIV transcription profile differed dramatically between cell lines and cells from ART-suppressed individuals. Compared to cells from ART-suppressed individuals, latent cell lines showed lower levels of HIV transcriptional initiation and higher levels of polyadenylation and splicing. ACH-2 and J-Lat cells showed different forms of transcriptional interference, while U1 cells showed a block to elongation. Single-cell studies revealed marked variation between/within cell lines in expression of HIV transcripts, T cell phenotypic markers, antiviral factors, and genes implicated in latency. Expression of multiply-spliced HIV Tat-Rev was associated with expression of cellular genes involved in activation, tissue retention, T cell transcription, and apoptosis/survival.ConclusionsHIV-infected cell lines differ from each other and from cells from ART-treated individuals in the mechanisms governing latent HIV infection. These differences in viral and cellular gene expression must be considered when gauging the suitability of a given cell line for future research on HIV. At the same time, some features were shared across cell lines, such as low expression of antiviral defense genes and a relationship between productive infection and genes involved in survival. These features may contribute to HIV latency or persistence in vivo, and deserve further study using novel single cell assays such as those described in this manuscript

The Effects of Physical Activity on Learning Behaviors in Elementary School Children: A Randomized Controlled Trial

This work is licensed under a Creative Commons Attribution 4.0 International License.Research in education and developmental psychology indicates that behavioral engagement in learning is a critical predictor of children’s academic success. In an effort to improve academic achievement, school administrators are continually in search of methods to increase behavioral engagement. Previous research has indicated that classroom-based physical activity (PA) lessons have a positive impact on academic achievement. However, little research has been done in assessing the impact of such interventions on the behavioral engagement of students with learning behavior difficulties. This study assesses the impact of classroom-based PA on teacher-rated classroom behaviors of students with identified learning behavior difficulties. Two schools (one intervention, one control) participating in a larger, cluster-randomized trial provided scores on a teacher-administered classroom behavior scale. This scale was used to collect information on 15 characteristics identified as being essential to behavioral engagement. Participants included male and female students in second and third grade classrooms who were identified by their classroom teacher and school counselor as having difficulties with learning behaviors. Mixed linear modeling for repeated measures was used to examine the changes over time in the classroom behavior scores. The intervention group showed significant improvement over time in classroom behavior while the control group showed no change or a slight degradation over time (i.e., group × time interaction, F[2132] = 4.52, p = 0.01). Schools must meet the diverse needs of students today, including those who exhibit less than optimal learning behaviors. Combined with the evidence that PA is linked to several health and cognitive-behavior benefits, providing classroom-based PA that is incorporated within the curriculum provides common ground for all students to participate. It is a potential solution to increasing behavioral engagement, and in turn stimulating and enhancing learning

The system for observing fitness instruction time (SOFIT) as a measure of energy expenditure during classroom based physical activity

This is the publisher's version, also found at http://ehis.ebscohost.com/ehost/detail?sid=bdcb9517-1b54-4982-90e4-2ce710c9f0a9%40sessionmgr14&vid=1&hid=2&bdata=JnNpdGU9ZWhvc3QtbGl2ZQ%3d%3d#db=s3h&AN=35152043The aim of this investigation was to develop an equation to estimate physical activity energy expenditure (PAEE) during a 10-min physically active academic lesson using The System for Observing Fitness Instruction Time (SOFIT) and demographic information. PAEE (portable indirect calorimeter) and physical activity (SOFIT) were simultaneously assessed in 38, 2nd through 5th grade children. PAEE and SOFIT were 3.04 ± 1.1 (kcal/min) and 3.8 ± 0.4 (score), respectively. PAEE was predicted from SOFIT score and body weight [PAEE (kcal/min) = (1.384*SOFIT + 0.084*weight (kg)—5.126), R = .81, SEE = 1.23 kcal/min]. PAEE measured by indirect calorimeter and predicted from SOFIT and body weight were 3.04 ± 1.1 (kcal/min) and 3.04 ± 0.9 kcal/min) respectively. SOFIT and body weight may provide a useful measure of PAEE associated with classroom based physical activity. ABSTRACT FROM AUTHO

Determination of Point and Nonpoint Source Toxicity in the Clark Fork River Basin Using the Daphnid, Ceriodaphnia Dubia

Ceriodaphnia dubia, a small planktonic daphnid was used to biomonitor point sources of toxicity in wastewater and nonpoint source toxicity in stream samples obtained from the Clark Fork River Basin, MT. Brief descriptions, results and discussions are presented for studies of wastewater from a kraft mill near Frenchtown, MT and potential toxicity of water samples from 19 sites along the Clark Fork River in 1985. In 1987, dilutions of Missoula, MT municipal wastewater fortified with ammonia were tested, as was the wastewater before and after chlorination. Potential toxicity of water samples from eight sites along the upper Clark Fork River were also tested. All studies were cooperative efforts with the Montana Departments of Health and Environmental Sciences and Fish, Wildlife and Parks. Ceriodaphnia appear to be indicators of toxicity in a variety of test conditions such as ammonia in wastewater and metals from past mining activities. The daphnids indicated toxicity from other substances in the wastewater or perhaps the influence of characteristics of the wastewater that increased ammonia toxicity. All example of nonpoint source effects was toxicity in samples from Silver Bow Creek MT, where impaired conditions to aquatic life resulting from the presence of metals have been reported for years. During some of the tests with wastewater, toxicological endpoints were observed using the actual number of daphnids that reproduced in a test, not the average number of young. There was circumstantial evidence in 1985 that copper alone was responsible for the toxicity in Silver Bow Creek. However, the later studies performed under different hydrological conditions found toxicity was probably due to a combination of metals, some of which had not been measurable earlier. For well-defined control of standard conditions during testing, there are indications that waters to be used as reference media for Ceriodaphnia need further research. Nevertheless, the use of daphnids to test the ambient conditions described in this paper should encourage environmental managers to consider approaches with this or similar species in the future

Physical activity across the curriculum: year one process evaluation results

<p>Abstract</p> <p>Background</p> <p>Physical Activity Across the Curriculum (PAAC) is a 3-year elementary school-based intervention to determine if increased amounts of moderate intensity physical activity performed in the classroom will diminish gains in body mass index (BMI). It is a cluster-randomized, controlled trial, involving 4905 children (2505 intervention, 2400 control).</p> <p>Methods</p> <p>We collected both qualitative and quantitative process evaluation data from 24 schools (14 intervention and 10 control), which included tracking teacher training issues, challenges and barriers to effective implementation of PAAC lessons, initial and continual use of program specified activities, and potential competing factors, which might contaminate or lessen program effects.</p> <p>Results</p> <p>Overall teacher attendance at training sessions showed exceptional reach. Teachers incorporated active lessons on most days, resulting in significantly greater student physical activity levels compared to controls (p < 0.0001). Enjoyment ratings for classroom-based lessons were also higher for intervention students. Competing factors, which might influence program results, were not carried out at intervention or control schools or were judged to be minimal.</p> <p>Conclusion</p> <p>In the first year of the PAAC intervention, process evaluation results were instrumental in identifying successes and challenges faced by teachers when trying to modify existing academic lessons to incorporate physical activity.</p