10,058 research outputs found

    Anamorphic raytracing for synthetic alcove holographic stereograms

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    Thesis (M.S.)--Massachusetts Institute of Technology, Dept. of Architecture, 1986.Bibliography: leaves 48-49.by Michael A. Teitel.M.S

    MJ Still Winning in Chicago: The Seventh Circuit Correctly Holds That Jewel-Osco’s Use of Michael Jordan’s Likeness in Its Advertisement Constituted Commercial Speech

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    Sometimes businesses advertise offers for particular products or services. In addition to product advertising, businesses frequently engage in “image” advertising, where they promote their brand generally rather than a specific product. Both types of advertising may constitute commercial speech. The U.S. Supreme Court commonly defines commercial speech as “speech that proposes a commercial transaction.” Although the Court has addressed this phrase’s meaning, it has never provided a comprehensive method for determining whether a given expression constitutes commercial speech. As a result, some courts interpret this phrase to apply narrowly in scope, while others find that it can be applied broadly. A significant question that has confused the courts is whether “image” advertisements can qualify as “speech that proposes a commercial transaction.” The Seventh Circuit examined this issue in Jordan v. Jewel Food Stores, Inc., which began as a right of publicity dispute between NBA legend Michael Jordan and the Midwestern supermarket chain Jewel-Osco. In 2009, Jordan was inducted into the Basketball Hall of Fame, and Jewel took out a full-page advertisement in an issue of Sports Illustrated Presents to commemorate Jordan’s career. Jewel’s ad featured a pair of basketball shoes displaying Jordan’s legendary number “23,” and it paid tribute to Jordan with a few lines of text. Jewel incorporated its trademarked marketing slogan into its tribute and also prominently displayed its trademarked logo in the center of its advertisement. Jewel claimed that it was simply congratulating Jordan on his hall of fame induction. To Jordan, however, Jewel’s advertisement was an unwelcomed use of his commercial identity that he felt unfairly portrayed him as endorsing the Jewel-Osco brand without his consent. Jordan sued Jewel under various theories of false endorsement. Jewel maintained that its advertisement was speech related to a significant public issue, and thus argued that the First Amendment provided a full defense against Jordan’s claims. Jordan argued his claims could proceed because Jewel’s advertisement was in fact commercial speech and thus entitled to a lesser-degree First Amendment protection. The Seventh Circuit, applying a flexible interpretation of commercial speech, held that when considered under the proper context, Jewel’s advertisement constituted commercial speech. This article argues that the Seventh Circuit’s broad application of the commercial speech doctrine is supported by case law and that the Seventh Circuit’s flexible application of the commercial speech doctrine is most practical and effective path forward in private-right commercial speech cases

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    MJ Still Winning in Chicago: The Seventh Circuit Correctly Holds That Jewel-Osco’s Use of Michael Jordan’s Likeness in Its Advertisement Constituted Commercial Speech

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    Sometimes businesses advertise offers for particular products or services. In addition to product advertising, businesses frequently engage in “image” advertising, where they promote their brand generally rather than a specific product. Both types of advertising may constitute commercial speech. The U.S. Supreme Court commonly defines commercial speech as “speech that proposes a commercial transaction.” Although the Court has addressed this phrase’s meaning, it has never provided a comprehensive method for determining whether a given expression constitutes commercial speech. As a result, some courts interpret this phrase to apply narrowly in scope, while others find that it can be applied broadly. A significant question that has confused the courts is whether “image” advertisements can qualify as “speech that proposes a commercial transaction.” The Seventh Circuit examined this issue in Jordan v. Jewel Food Stores, Inc., which began as a right of publicity dispute between NBA legend Michael Jordan and the Midwestern supermarket chain Jewel-Osco. In 2009, Jordan was inducted into the Basketball Hall of Fame, and Jewel took out a full-page advertisement in an issue of Sports Illustrated Presents to commemorate Jordan’s career. Jewel’s ad featured a pair of basketball shoes displaying Jordan’s legendary number “23,” and it paid tribute to Jordan with a few lines of text. Jewel incorporated its trademarked marketing slogan into its tribute and also prominently displayed its trademarked logo in the center of its advertisement. Jewel claimed that it was simply congratulating Jordan on his hall of fame induction. To Jordan, however, Jewel’s advertisement was an unwelcomed use of his commercial identity that he felt unfairly portrayed him as endorsing the Jewel-Osco brand without his consent. Jordan sued Jewel under various theories of false endorsement. Jewel maintained that its advertisement was speech related to a significant public issue, and thus argued that the First Amendment provided a full defense against Jordan’s claims. Jordan argued his claims could proceed because Jewel’s advertisement was in fact commercial speech and thus entitled to a lesser-degree First Amendment protection. The Seventh Circuit, applying a flexible interpretation of commercial speech, held that when considered under the proper context, Jewel’s advertisement constituted commercial speech. This article argues that the Seventh Circuit’s broad application of the commercial speech doctrine is supported by case law and that the Seventh Circuit’s flexible application of the commercial speech doctrine is most practical and effective path forward in private-right commercial speech cases

    Obscured Asymptotic Giant Branch Variables in the Large Magellanic Cloud and the Period-Luminosity Relation

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    The characteristics of oxygen-rich and carbon-rich, large amplitude (dK>0.4 mag), asymptotic giant branch variables in the Large Magellanic Clouds are discussed, with an emphasis on those obscured by dust. Near-infrared photometry, obtained over about 8 years, is combined with published mid-infrared observations from IRAS and ISO to determine bolometric magnitudes for 42 stars. Pulsation periods of the O-rich stars are in the range 116<P<1393 days, while those for C-rich stars have 298<P<939 days. In addition to the regular pulsations, one O-rich star and four C-rich stars show large amplitude, dK> 0.6 mag, secular or very long period variations which may be associated with changes in their mass-loss rates. We discuss and compare various methods of determining the bolometric magnitudes and show, perhaps surprisingly, that most of the very long period stars seem to follow an extrapolation of the period-luminosity relation determined for stars with shorter periods - although the details do depend on how the bolometric magnitudes are calculated. Three stars with thin shells, which are clearly more luminous than the obscured AGB stars, are undergoing hot bottom burning, while other stars with similar luminosities have yet to be investigated in sufficient detail to determine their status in this regard. We suggest that an apparent change in slope of the period luminosity relation around 400-420 days is caused by variables with luminosities brighter than the predictions of the core-mass luminosity relation, due to excess flux from hot bottom burning.Comment: 20 pages, 20 figures, accepted for MNRA

    Application of Pyrolysis-GC/MS for Rapid Assessment of Organic Contamination in Sediments from Barcelona Harbor

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    Pyrolysis-GC/MS is advantageous as a tool for rapid sediment contamination assessment because of the small sample size required, minimal sample preparation, and its ability to detect a wide variety of organic pollutants as well as naturally-occurring biological materials. Py-GC/MS was applied, together with determination of organic carbon, and major and minor element concentrations, to evaluate potentially contaminated sediments in the port of Barcelona (Spain) and the adjacent Llobregat River delta. Detected contaminant markers, most evident in the Old Port (Port Vell) area, included hopanes and alkylated PAHs (petroleum), sterenes (sewage), C16-C19 phenylalkanes (detergents) and parent PAHs (combusted fuels)

    Typical tropospheric aerosol backscatter profiles for Southern Ireland: The Cork Raman lidar

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    A Raman lidar instrument (UCLID) was established at the University College Cork as part of the European lidar network EARLINET. Raman backscatter coefficients, extinction coefficients and lidar ratios were measured within the period 28/08/2010 and 24/04/2011. Typical atmospheric scenarios over Southern Ireland in terms of the aerosol load in the planetary boundary layer are outlined. The lidar ratios found are typical for marine atmospheric condition (lidar ratio ca. 20–25 sr). The height of the planetary boundary layer is below 1000 m and therefore low in comparison to heights found at other lidar sites in Europe. On the 21st of April a large aerosol load was detected, which was assigned to a Saharan dust event based on HYSPLIT trajectories and DREAM forecasts along with the lidar ratio (70 sr) for the period concerned. The dust was found at two heights, pure dust at 2.5 km and dust mixing with pollution from 0.7 to 1.8 km with a lidar ratio of 40–50 sr

    Proposal of \u3cem\u3eVibrionimonas magnilacihabitans\u3c/em\u3e gen. nov., sp. nov., a Curved Gram Negative Bacterium Isolated From Lake Michigan Water

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    A mesophilic bacterium appearing as curved rod-shaped cells was isolated from Lake Michigan water. It exhibited highest similarities with Sediminibacterium ginsengisoli DCY13T (94.4 %); Sediminibacterium salmoneum NJ-44T (93.6 %) and Hydrotalea flava CCUG 51397 T (93.1 %) while similarities with other recognized species were sym-homospermidine was the primary polyamine. The major cellular fatty acids were iso-C15 : 1G, iso-C15 : 0, iso-C16 : 0 3-OH and iso-C17 : 0 3-OH, with moderate amounts of iso-C16 : 0. The presence of glycolipids differentiated the novel strains from related genera. The DNA mol% G+C content of the type strain MU-2T was 45.2. Results for other phenotypic and molecular analyses indicated that strain MU-2T is a representative of a novel genus and species for which the name Vibrionimonas magnilacihabitans is proposed. The type strain is MU-2T ( = NRRL B-59231 = DSM 22423)
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