6,638 research outputs found

    Jurisdictional Haze: Indiana and Washington’s Unconstitutional Extensions of the Postmortem Right of Publicity

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    Long after they die, cultural icons such as Elvis Presley, Marilyn Monroe, and Jimi Hendrix continue to earn millions of dollars annually. Despite the tremendous amount of money earned by marketing the images of certain late celebrities, the laws conferring and governing the postmortem right of publicity are varied and often unpredictable. In most states, the right to profit from the image of a deceased person depends entirely upon the law of the jurisdiction in which the deceased was domiciled at the time of death. Certain state legislatures, however, have passed statutes conferring this right on persons domiciled outside of their respective borders, and these statutes may have potentially dramatic effects on businesses marketing products incorporating the images of celebrities. This Note argues that statutes of this nature are unconstitutional under the Due Process Clause, the Full Faith and Credit Clause, and the dormant Commerce Clause, and that the postmortem right of publicity should be governed in all states by the law of the jurisdiction in which the deceased was domiciled at the time of death

    The Dynamics of Poetry

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    In lieu of an abstract, below is the essay\u27s first paragraph. The poet does not, cannot, waste words. He is, for the most part, devoid of digression, those sideroads so common, and so enjoyable to the writers of prose. Thus, his use of language is direct, intense, evocative--in a word, electric. Within the core of poetry flashes the electrification of language

    Teachers, teamwork, and technology: an introspective look at leadership and change

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    Teacher convictions and doubts about the process of integrating technology into instruction have a major influence on the degree to which the teacher applies technology in the classroom. Teacher paradigms, in addition to federal, state, and local policies, can create barriers that inhibit the incorporation of technology-based initiatives. The purpose of this action research study was to create/design a process of technology integration that takes into account the needs of all stakeholders by identifying the pedagogical beliefs of elementary school teachers with regard to the implementation of technology in their classrooms. The research was conducted using a qualitative methodology approach within the transcendental phenomenology framework. Data was gathered using qualitative open-ended surveys, one-on-one interviews, and observations to ascertain teacher opinions with regard to the phenomenon of technology integration. Findings indicated that both intrinsic influences (teacher beliefs, teacher efficacy) and extrinsic influences (time, support, access, training) exist that inhibit the successful implementation of technology-based initiatives. Additionally, intrinsic and extrinsic influences inhibiting technology integration are less prevalent when both the teacher and the Technology Specialist are equally engaged and involved in the planning, development, and execution of technology infused projects. Furthermore, findings indicated several factors that, if implemented, could foster a successful, collaborative environment for technology integration; such factors included creating additional time for planning and development, increasing the involvement of teachers in district planning processes, and clearly defining roles and responsibilities of all stakeholders connected with the process of technology integration

    Robert Rossi to Mr. James Meredith (4 October 1962)

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    https://egrove.olemiss.edu/mercorr_pro/1952/thumbnail.jp

    Shadings of Nuance: Contextualizing a "Convergence of Opinion" Regarding a River Located in the Imaginarium of the Western Mind

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    Article 38(1) of the Statute of the International Court of Justice (ICJ) makes it clear that a primary function of the Court is to decide disputes submitted to it. From jurisprudential and practical perspectives, debates arise over the meaning of a dispute. International public policy emphasizes the need for the following objectives in resolving disputes: finality, economy and efficiency, effectiveness, and certainty. These objectives promote the progressive development of international law and avoid the grand nemeses of international dispute resolution—decisions that do not decide disputes, judgments that are unclear, and outcomes that may evade the question posed. “Great shades of nuance” complicate the meaning of a dispute. The narrowness of the path taken by the ICJ to articulate a decision may mask weaknesses in judicial reasoning and undercut the coherence of the international legal order. However, such narrowness may also indicate judicial circumspection to protect the integrity of the Court’s judgments. Addressing more than the question posed invites unnecessary criticisms that may damage the Court’s reputation

    Constitutional Protection for Group Legal Service Plans

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