bluuebunny/crossref_metadata_2025 huggingface dataset:
The Issues Related To Student Authentication in Distance Education
Authors: Gearhart Deb
Published: April 2012

As long as there has been distance education there has been the question how do you know the student turning in the work is the student registered for the course? As technology has been improving distance education course delivery, online education has been growing in leaps and bounds. The most recent Sloan-C report stated that in the U. S. alone there were almost 3.9 million students taking at least one online course during the fall of 2007 term (Allen and Seaman, 2008). Legislators took a hard look at the issue of student authentication in distance education with the passage of the Higher Education Opportunity Act of 2008. This paper reviews the issues related to student authentication and reviews the current forms of student authentication, reviewing one institution’s answer to student authentication in its online programs.
The Ethics of Cyberweapons in Warfare
Authors: Rowe Neil C.
Published: April 2012

The author discusses the ethical issues of using cyberweapons, software that attacks data and other software during warfare. Many people assume these are relatively benign weapons, but we argue that they can create serious harms like any weapon. He defines cyberweapons and describes them in general terms, and survey their status as per the laws of war. He then discusses the unreliability of cyberweapons, the problem of collateral damage, and the associated problems of damage assessment, maintenance of secrecy, and mounting cyber-counterattacks. He examines some possibilities for creating more ethical cyberweapons and discusses the alternative of cyber-blockades. He concludes that cyberattacks should generally be outlawed by international agreement.
Transhumanism and Its Critics
Authors: Bauer Keith A.
Published: April 2012

Transhumanism is a social, technological, political, and philosophical movement that advocates the transformation of human nature by means of pharmacology, genetic manipulation, cybernetic modification, nanotechnology, and a host of other technologies. The aim of this movement is to increase physical and sensory abilities, augment intelligence and memory, and extend lifespan. After providing some background on transhumanism, its philosophical heritage, and its goals, the author looks at three arguments against transhumanism, arguing that they are unpersuasive and should be rejected. This paper presents two arguments against transhumanism that have merit. The first argument is an argument from justice that addresses the distribution of benefits and burdens for funding, developing, and employing enhancement technology. The second argument examines a significant assumption held by many transhumanists, namely, that there is an essential “human nature” that can be transcended.
Human Implants
Authors: Cabrera Laura
Published: April 2012

Human implants are among the technology applications that deserve to be carefully assessed as they have the potential to help us treating many devastating human conditions, but also to assist us reaching a stage beyond current human capacities and abilities. Such a development would introduce many challenges for society, governments, and the individual. Human implants can blur the line that lies between what is acknowledged as therapy and enhancement. The lack of a clear distinction between therapy and enhancement will confront governments with new regulatory challenges in public health and funding technology research. This brings to the fore issues of justice, such as how to close instead of widen the ’technology-divide’ and how to define priorities for funding, distributing, and using human implants. Given the potential impact that new and improved human implants can have for the individual and for society, a better understanding on the direction and reasons for developing such applications is needed to handle them in a wiser way. One way of assisting such a development is by rethinking our priorities when using technology for human enhancement applications.
The Functional Morality of Robots
Authors: Johansson Linda
Published: April 2012

It is often argued that a robot cannot be held morally responsible for its actions. The author suggests that one should use the same criteria for robots as for humans, regarding the ascription of moral responsibility. When deciding whether humans are moral agents one should look at their behaviour and listen to the reasons they give for their judgments in order to determine that they understood the situation properly. The author suggests that this should be done for robots as well. In this regard, if a robot passes a moral version of the Turing Test—a Moral Turing Test (MTT) we should hold the robot morally responsible for its actions. This is supported by the impossibility of deciding who actually has (semantic or only syntactic) understanding of a moral situation, and by two examples: the transferring of a human mind into a computer, and aliens who actually are robots.
Cyber-Terrorism and Ethical Journalism
Authors: Eid Mahmoud
Published: April 2012

Terrorism has been a constant threat in traditional and contemporary societies. Recently, it has been converged with new media technology and cyberspace, resulting in the modern tactic, cyber-terrorism, which has become most effective in achieving terrorist goals. Among the countless cyber-terrorist cases and scenarios of only this last decade, the paper discusses four cyber-terrorism cases that represent the most recent severe cyber-terrorist attacks on infrastructure and network systems—Internet Black Tigers, MafiaBoy, Solo, and Irhabi 007. Regardless of the nature of actors and their motivations, cyber-terrorists hit very aggressively causing serious damages. Cyber-terrorists are rational actors who use the most advanced technology; hence, the critical need for the use of counter-threat swords by actors on the other side. Given that terrorist goals are mostly dependent on the media’s reactions, journalistic practices are significant and need to be most effective. A major tool that can help journalists in their anti- and counter-terrorist strategies with cyber-terrorists is rationalism, merged with the expected socially responsible conduct. Rational behaviour, founded in game theory, along with major journalistic ethical principles are fundamental components of effective media decision-making during times of terrorism.
Semicarbazide as potential source of formaldehyde and nitric oxide formation
Authors: Latyshko Nely , Gudkova Olga , Dmytrenko Mykola
Published: April 2012

Growing evidence that the potential carcinogen, semicarbazide, may get into the human body makes especially important of knowledge for its metabolic fate. While the general agreement that semicarbazide is aldehyde trapping agent and inhibitor of semicarbazide sensitive amine oxidase, which activity increases in blood and body tissues in pathological states, there is assumption that at least one clearans mechanism must operate in vivo. We supposed that semicarbazide may be metabolysed by the members of cytochrome P-450 (CYP-450) family in liver microsomes generating dangerous products. Using difference spectrometry we have found that semicarbazide-induced spectral changes reflect its binding to the active site of CYP-450. To identify the products of semicarbazide decomposition, 7.5 mM semicarbazide was incubated with rat liver microsomes. The concentrations of formaldehyde, nitric oxide on the basis of accumulation of nitrite in the medium, and ammonium were determined by microplate-based spectrophotometry and fluorometry, accordingly. There was net increase in the concentrations of the products during incubation in comparison with control to the extent of 22.04±7.1 for formaldehyde and 11.29±1.91 for nitric oxide μmol/mg protein within 15 min. Formaldehyde and nitric oxide formations were additionally confirmed by using their traps. Dimedone, formaldehyde trap, decreased its amount in the reaction mixture by 55%, whereas iron-dithiocarbamate complex, nitric oxide trap, by 52%. The results suggest that semicarbazide transformation is viewed as two important pathways: one, yielding formaldehyde, and other, producing nitric oxide and ammonium. These hazard products are the reasons for semicarbazide toxicity.
Use of immunodot blot and multiplex reverse transcriptase-polymerase chain reaction in dengue virus detection in macerates of Aedes aegypti larvae
Authors: Chagas Aline T.A. , Oliveira Michelle D. , Mezencio Jose M.S. , Silva Eduardo A.M. , Oliveira Leandro L. , Honda Eduardo , Da Silva Cynthia C. , De Paula Sergio O.
Published: April 2012

The Dengue virus is the main arbovirus that affects man in terms of morbidity and mortality. The detection of the virus is very important for epidemiological surveillance, so here we propose to standardize and compare the immunodot blot (IDB) and multiplex reverse transcriptase-polymerase chain reaction (M-RT-PCR) techniques to detect and characterize the dengue virus (DENV) serotypes in samples of Aedes aegypti larvae. Thus, the IDB and M-RT-PCR techniques were standardized using macerated samples of larvae collected in nature. The use of monoclonal antibodies in IDB has not shown great results, but DENV detection through this method was possible using polyclonal antibodies. The distinction of serotypes 1, 2 and 3 was carried out by M-RT-PCR.
A Case of a Giant Pseudoangiomatous Stromal Hyperplasia of the Breast: Magnetic Resonance Imaging Findings
Authors: Solomou Ekaterini , Kraniotis Pantelis , Patriarcheas Georgios
Published: April 2012

Pseudoangiomatous stromal hyperplasia (PASH) of the breast is a benign myofibroblastic process. We present the case of a 17-year-old girl who underwent diagnostic work-up due to an enlargement of her left breast. She was submitted to ultrasounds and magnetic resonance imaging (MRI) which depicted a 14 cm lesion in her left breast. The patient was later operated and histology revealed PASH. Although PASH may range from 0.6–12 cm, a few lesions over 12 cm have been described, the largest being 20 cm. Large series present mammographic and ultrasonographic features of PASH in the literature, but little has been reported on the MR characteristics of PASH up to today. Signal on the T1-weighted image (T1WI) and T2-weighted image (T2WI) may vary. Curves generated from dynamic contrast-enhanced magnetic resonance imaging (DCE-MRI) studies are mainly type I or less frequently type II. There are no reports about diffusion-weighted imaging and corresponding apparent diffusion coefficient (ADC) values for PASH in the literature. ADC values in our case lie within the range of values reported for other benign breast lesions. The presence of slit-like spaces within the lesion on MR imaging along with DCE-MRI type I curve and ADC values consistent with a benign lesion may favour the diagnosis of PASH. Tissue biopsy is necessary, however for the final diagnosis. This case report will further contribute to the understanding of MR imaging features of PASH, especially in cases where mammography is not indicated.
Pictorial essay: Non-coronary applications of cardiac CT
Authors: Rajiah Prabhakar
Published: April 2012

Recent advances in scanner technology have enabled computed tomography (CT) scan to evolve into a valuable tool in the noninvasive evaluation of coronary artery disease. Due to its high negative predictive value, CT can act as a gatekeeper, determining which patients require cardiac catheterization. Although mainly used for the evaluation of coronary artery disease, cardiac CT is also useful in the evaluation of various non-coronary cardiac conditions involving the pericardium, pulmonary veins, and the coronary veins and valves, as well as in the assessment of cardiomyopathies, masses, and ventricular and valvular function. This review discusses and illustrates the various non-coronary applications of cardiac CT.
In the workup of patients with obscure gastrointestinal bleed, does 64-slice MDCT have a role?
Authors: Kulkarni Chinmay , Moorthy Srikanth , Sreekumar K , Rajeshkannan R , Nazar P , Sandya C , Sivasubramanian S , Ramchandran P
Published: April 2012

Purpose: The purpose was to prospectively determine the sensitivity of 64-slice MDCT in detecting and diagnosing the cause of obscure gastrointestinal bleed (OGIB). Materials and Methods: Our study included 50 patients (male 30, female 20) in the age range of 3-82 years (average age: 58.52 years) who were referred to our radiology department as part of their workup for clinically evident gastrointestinal (GI) bleed or as part of workup for anemia (with and without positive fecal occult blood test). All patients underwent conventional upper endoscopy and colonoscopy before undergoing CT scan. Following a noncontrast scan, all patients underwent triple-phase contrast CT scan using a 64-slice CT scan system. The diagnostic performance of 64-slice MDCT was compared to the results of capsule endoscopy, 99m-technetium-labeled red blood cell scintigraphy (99mTc-RBC scintigraphy), digital subtraction angiography, and surgery whenever available. Results: CT scan showed positive findings in 32 of 50 patients. The sensitivity, specificity, positive predictive value, and negative predictive values of MDCT for detection of bleed were 72.2%, 42.8%, 81.2%, and 44.4%, respectively. Capsule endoscopy was done in 15 patients and was positive in 10 patients; it had a sensitivity of 71.4%. Eleven patients had undergone 99mTc-RBC scintigraphy prior to CT scan, and the result was positive in seven patients (sensitivity 70%). Digital subtraction angiography was performed in only eight patients and among them all except one patient showed findings consistent with the lesions detected on MDCT. Conclusion: MDCT is a sensitive and noninvasive tool that allows rapid detection and localization of OGIB. It can be used as the first-line investigation in patients with negative endoscopy and colonoscopy studies. MDCT and capsule endoscopy have complementary roles in the evaluation of OGIB.
Utility of gray-scale ultrasound to differentiate benign from malignant thyroid nodules
Authors: Popli Manju Bala , Rastogi Ashita , Bhalla PJS , Solanki Yachna
Published: April 2012

Objective: The objective was to assess the utility of gray-scale USG to identify patterns of thyroid nodules and to correlate the characteristics of benign and malignant nodules with pathological diagnosis. Materials and Methods: From September 2009 to August 2010, a total of 203 patients (17 males and 186 females), with 240 nodules detected at USG, were included in this study. The characteristics of each nodule were determined. The results were then compared with fine needle aspiration (FNA)/histopathological diagnosis. Results: Of the 240 nodules examined, 44 (18.33%) were found to be malignant on cytopathology. The malignant nodules demonstrated solid or predominantly solid composition (sensitivity 88.6%, specificity 53.5%); presence of microcalcification (sensitivity 65.9%, specificity 97.9%); irregular or poorly defined margins (sensitivity 84%, specificity 88.7%); anteroposterior (AP) diameter > transverse diameter (sensitivity 77.2%, specificity 80.1%); absent or thick incomplete halo (sensitivity 70.4%, specificity 65.8%); and markedly hypoechoic character (sensitivity 65.9%, specificity 84.6%). Among males, malignant nodules were found in 36.8%, whereas in females the occurrence was 16.7%. Conclusion: Gray-scale USG features of thyroid nodules are useful to distinguish patients with clinically significant thyroid nodules from those with innocuous nodules despite the overlap of findings. From our study, it is apparent that the USG findings of poorly defined margins, marked hypoechogenicity, microcalcifications, and a taller-than-wider shape have a high diagnostic accuracy for identifying malignant thyroid nodules.
Vitamin K Antagonist Warfarin for Palliative Treatment of Metachromatic Leukodystrophy, A Compassionate Study of Four Subjects
Authors: Assadi Mitra , Wang Dah-Jyuu , Anderson Kelly , Carran Melissa , Bilaniuk Larissa , Leone Paola
Published: April 2012

MLD is characterized by accumulation of sulfatides in the brain. Vitamin K regulates two enzymes in sphingolipid biosynthesis and warfarin is known to lower brain sulfatides in rats and mice. We hypothesized that warfarin may mitigate the MLD phenotype by reducing the formation of sulfatides. This compassionate study recruited four advanced patients with clinical, biochemical and genetic confirmation of MLD. The patients were treated with warfarin according to the approved protocol for a total of 45 days. The battery of tests included proton MR spectroscopy (H-MRS) of brain and urinary sulfatide levels recorded at defined intervals. The patients tolerated the medication and there were no bleeding complications.

The urinary sulfatide levels did not decline during the study period. The H-MRS showed decreased N-acetyl aspartate and elevated myoinositol levels in the basal ganglia which remained unchanged after treatment.

Our study did not demonstrate any beneficial effects of warfarin in four advanced cases of MLD. The drug intervention however, was safe and deserves further evaluation through a larger study of longer duration. The metabolite abnormalities reported on H-MRS may be useful in longitudinal follow up of patients with MLD during drug trials.
BVOCs emission in a semi-arid grassland under climate warming and nitrogen deposition
Authors: Wang H. J. , Xia J. Y. , Mu Y. J. , Nie L. , Han X. G. , Wan S. Q.
Published: April 2012

Abstract. Biogenic volatile organic compounds (BVOCs) profoundly affect atmospheric chemistry and ecosystem functioning. BVOCs emission and their responses to global change are still unclear in grasslands, which cover one quarter of the Earth's land surface and are currently undergoing the largest changes. Over two growing seasons, we conducted a field experiment in a semi-arid grassland (Inner Mongolia, China) to examine the emission and the responses of BVOCs emissions to warming and nitrogen deposition. The natural emission rate (NER) of monoterpene (dominant BVOCs here) is 107 ± 16 μg m−2 h−1 in drought 2007, and 266 ± 53 μg m−2 h−1 in wet 2008, respectively. Warming decreased the standard emission factor (SEF) by 24% in 2007, while it increased by 43% in 2008. The exacerbated soil moisture loss caused by warming in dry season might be responsible for the decrease of SEF in 2007. A possible threshold of soil moisture (8.2% (v/v)), which controls the direction of warming effects on monoterpene emission, existed in the semiarid grassland. Nitrogen deposition decreased the coverage of Artemisia frigida and hence reduced the NER by 24% across the two growing seasons. These results suggest that the grasslands dominated by the extended Artemisia frigida are an important source for BVOCs, while the responses of their emissions to global changes are more uncertain since they depend on multifactorial in-situ conditions.
Seasonal and diurnal variations of atmospheric mercury across the US determined from AMNet monitoring data
Authors: Lan X. , Talbot R. , Castro M. , Perry K. , Luke W.
Published: April 2012

Abstract. Speciated atmospheric mercury observations collected over the period from 2008 to 2010 at the Environmental Protection Agency and National Atmospheric Deposition Program Atmospheric Mercury Network sites (AMNet) were analyzed for its spatial, seasonal, and diurnal characteristics across the US Median values of gaseous elemental mercury (GEM), gaseous oxidized mercury (GOM) and particulate bound mercury (PBM) at 11 different AMNet sites ranged from 148–226 ppqv (1.32–2.02 ng m−3), 0.05–1.4 ppqv (0.47–12.4 pg m−3) and 0.18–1.5 ppqv (1.61–13.7 pg m−3), respectively. Common characteristics of these sites were the similar median levels of GEM as well as its seasonality, with the highest mixing ratios occurring in winter and spring and the lowest in fall. However, discernible differences in monthly average GEM were as large as 30 ppqv, which may be caused by sporadic influence from local emission sources. The largest diurnal variation amplitude of GEM occurred in the summer. Seven rural sites displayed similar GEM summer diurnal patterns, in that the lowest levels appeared in the early morning, and then the GEM mixing ratio increased after sunrise and reached its maxima at noon or in the early afternoon. However, sites in Utah (UT96, UT97) and New York (NY95) showed a distinctly different pattern, with the lowest mixing ratios appearing in the afternoon and the highest mixing ratios at night. Unlike GEM, GOM exhibited higher mixing ratios in spring and summer. The largest diurnal variation amplitude of GOM occurred in spring for most AMNet sites. GOM diurnal minima appeared before sunrise and maxima appeared in the afternoon, and the variation in magnitude for all seasons at most monitoring sites fell in the range of 0 to 2 ppqv, except the Utah sites (up to 5 ppqv). The increased GOM mixing ratio in the afternoon indicated a photochemically driven oxidation of GEM resulting in GOM formation. PBM exhibited diurnal fluctuations in summertime instead of wintertime, although the PBM mixing ratio in summer was not as high as in winter. The summertime PBM diurnal pattern displayed a daily maximum in the early afternoon and lower mixing ratios at night, implying photochemical production of PBM in summer. The marine sea salt aerosol uptake of GEM and GOM was not apparent in the PBM data collected at coastal sites, with PBM being higher at inland sites.
Dynamics of phytoplankton community structure in the South China Sea in response to the East Asian aerosol input
Authors: Guo C. , Yu J. , Ho T.-Y. , Wang L. , Song S. , Kong L. , Liu H.
Published: April 2012

Abstract. Recent studies have demonstrated atmospheric deposition as an important source of bioreactive compounds to the ocean. The South China Sea (SCS), where aerosol loading is among the highest in the world, however, is poorly studied, particularly on the in situ response of phytoplankton community structures to atmospheric deposition. By conducting a series of microcosm bioassays at different hydrographical locations and simulating different aerosol event scales, we observed both positive and negative responses to the input of East Asian (EA) aerosol with high nitrogen (N) and trace metal contents, in terms of biomass, composition and physiological characteristics of phytoplankton communities. High levels of aerosol loading relieved phytoplankton nitrogen and trace metal limitations in SCS, and thus increased total phytoplankton biomass, enhanced their physiological indicators (e.g. photosynthetic efficiency) and shifted phytoplankton assemblages from being dominated by picoplankton to microphytoplanton, especially diatoms. However, under low levels of aerosol loading, the composition shift and biomass accumulation were not apparent, suggesting that the stimulation effects might be counterbalanced by enhanced grazing mortality indicated by increased abundance of protist grazers. Trace metal toxicity of the aerosols might also be the reason for the reduction of picocyanobacteria when amended with high EA aerosols. The magnitude and duration of the deposition event, as well as the hydrographical and trophic conditions of receiving waters are also important factors when predicting the influence of an aerosol deposition event. Our results demonstrated different responses of phytoplankton and microbial food web dynamics to different scales of atmospheric input events in SCS and highlighted the need for achieving an accurate comprehension of atmospheric nutrient on the biogeochemical cycles of the oceans.
Northern peatland carbon stocks and dynamics: a review
Authors: Yu Z.
Published: April 2012

Abstract. Here I review different approaches and associated uncertainties of estimates in the literature of carbon stocks and found that there is most likely 500 (± 100 range) gigatons of carbon (Gt C) in northern peatlands. The greatest uncertainty for all the approaches is the lack or insufficient representation of data, including depth, bulk density and carbon accumulation data, especially from the world's large peatlands. Several ways to improve estimates of peat carbon stocks were also discussed in this paper. Changes in peatland carbon stocks over time, estimated using Sphagnum (peat moss) spore data and down-core peat accumulation records, show different patterns during the Holocene. Considering long-term peat decomposition using peat accumulation data allows estimates of net carbon sequestration rates by peatlands, or net ecosystem carbon balance (NECB), which indicates more than half of peat carbon (> 270 Gt C) was sequestrated before 7000 yr ago during the Holocene. Contemporary carbon flux studies at 5 peatland sites show much larger NECB during the last decade (32 ± 7.8 (S.E.) g C m−2 yr−1) than during the last 7000 yr (~ 11 g C m−2 yr−1) as modeled from peat records across northern peatlands. This discrepancy highlights the urgent need for carbon accumulation data and process understanding, especially at decadal and centennial timescales, that would bridge current knowledge gaps and facilitate comparisons of NECB across all timescales.
The transferability of hydrological models under nonstationary climatic conditions
Authors: Li C. Z. , Zhang L. , Wang H. , Zhang Y. Q. , Yu F. L. , Yan D. H.
Published: April 2012

Abstract. This paper investigates issues involved in calibrating hydrological models against observed data when the aim of the modelling is to predict future runoff under different climatic conditions. To achieve this objective, we tested two hydrological models, DWBM and SIMHYD, using data from 30 unimpaired catchments in Australia which had at least 60 yr of daily precipitation, potential evapotranspiration (PET), and streamflow data. Nash-Sutcliffe efficiency (NSE), modified index of agreement (d1) and water balance error (WBE) were used as performance criteria. We used a differential split-sample test to split up the data into 120 sub-periods and 4 different climatic sub-periods in order to assess how well the calibrated model could be transferred different periods. For each catchment, the models were calibrated for one sub-period and validated on the other three. Monte Carlo simulation was used to explore parameter stability compared to historic climatic variability. The chi-square test was used to measure the relationship between the distribution of the parameters and hydroclimatic variability. The results showed that the performance of the two hydrological models differed and depended on the model calibration. We found that if a hydrological model is set up to simulate runoff for a wet climate scenario then it should be calibrated on a wet segment of the historic record, and similarly a dry segment should be used for a dry climate scenario. The Monte Carlo simulation provides an effective and pragmatic approach to explore uncertainty and equifinality in hydrological model parameters. Some parameters of the hydrological models are shown to be significantly more sensitive to the choice of calibration periods. Our findings support the idea that when using conceptual hydrological models to assess future climate change impacts, a differential split-sample test and Monte Carlo simulation should be used to quantify uncertainties due to parameter instability and non-uniqueness.
Geological record of tsunami inundations in Pantano Morghella (south-eastern Sicily) both from near and far-field sources
Authors: Gerardi F. , Smedile A. , Pirrotta C. , Barbano M. S. , De Martini P. M. , Pinzi S. , Gueli A. M. , Ristuccia G. M. , Stella G. , Troja S. O.
Published: April 2012

Abstract. Analysis of tsunami deposits from the Pantano Morghella area provided geological evidence for two inundations occurred along the south-eastern Ionian coast of Sicily. Pantano Morghella is a large pond characterised by a fine-grained sedimentation indicating a low-energy depositional environment. Two anomalous yellow sandy layers found at different depths indicate the occurrence of high-energy marine inundations. We studied sedimentological and paleontological features of the anomalous deposits as well as their spatial distribution observing the following properties: different facies with respect to the local stratigraphic sequence; erosive bases, rip-up clasts and broken elements testifying violent deposition mechanisms; macro and micro fauna of marine environment; relatively constant thickness throughout most of the depositional zone with thinning at the distal end; large sand sheets that extend inland. These observations, jointly with their infrequency in the sedimentary record and the age indicating a fast deposition, provided strong evidence for tsunami inundations. Correlations between anomalous layers and historical tsunamis are supported by radiocarbon and OSL dating results. The younger deposit is likely due to the 1908 near-source tsunami, whereas the flooding of the oldest event is most likely associated with a far and large source, the Crete 365 AD earthquake.
To Find Is To Choose, To Choose Is To Create: Culture(s) in Cinematic and Architectural Space(s)
Authors: Besgen Asu
Published: April 2012

In Wikipedia, which is the symbol of global and virtual source in today’s research culture, culture is defined in three different ways: It is the excellence of taste in fine arts and humanities; an integrated pattern of human knowledge, belief, and behavior that depends upon the capacity for symbolic thought and social learning; and, the set of shared attitudes, values, goals, and practices that characterizes an institution, organization or group. With another generalization, culture is the evolved human capacity to classify and represent experiences with symbols, and to act imaginatively and creatively; moreover, it is the distinct ways that people living in different parts of the world classified and represented their experiences.
The Avenging Females: A Comparative Analysis of Kill Bill Vol.1-2, Death Proof and Sympathy for Lady Vengeance
Authors: Göksel Demiray Basak
Published: April 2012

This paper provides a comparative analysis of Quentin Tarantino’s Kill Bill Vol.1-2 (2003, 2004), Death Proof (2007) and Park Chan Wook’s Sympathy for Lady Vengeance (Chinjeolhan Geumjassi, 2005). The primary objectives of this study are: (1) to reveal the gender-biases inherent to the fundamental discursive structures of the foregoing films; (2) to compare and contrast the films through an analysis of the ‘gaze(s)’ and possible ‘pleasures’,  which are inherent in their narratives, in relation to Laura Mulvey’s and Carol Clover’s approaches; and (3) to distinguish Kill Bill Vol.1-2 from the foregoing two and the ‘avenging female’ clichés of the other horror/violence movies in the context of the replaced positionings of its protagonist and antagonist inherent in its distinct narrative style.
Historical “Truth,” Constructed Memory: Restaging Germany’s Reunification in Thomas Berger’s Television Melodrama Wir sind das Volk. Liebe kennt keine Grenzen (We are the people. Love without limits) (2008)
Authors: Mascha Katrin B
Published: April 2012

Film and television are popular media for the (re)presentation of history and the depiction of momentous past events. Germany’s reunification is no exception. After the fall of the Berlin Wall, Germany has witnessed a proliferation of media production that endeavors to historicize and aestheticize the past. This coincides with the need to forge a post-Wall identity of the new Germany. My discussion of Thomas Berger’s award winning television drama Wir sind das Volk. Liebe kennt keine Grenzen (2008) examines how reunification is presented in a mixture of fictitious elements and authentic historical reconstruction based on shared memories of this past. Following a melodramatic trajectory, the film aims at the reconciliation of German society as a people twenty years after reunification.
Necessary Fictions: From Cinéma vérité to Ciné, ma vérité(s)
Authors: Aquino Rowena Santos
Published: April 2012

Despite critical reconceptualisations of reenactment in theory and practice beginning in the 1980s, such scholarship has confined reenactment to a process that rests solely on substitution, actors, and actor reenactment. This article examines reenactment in which actual persons reenact their own pasts and memories in the context of contemporary Iranian cinema to bring about an embodied historiography. This collaboration between social actors and filmmakers shifts the focus from questions of substitution to questions of presence and proximity in representations of the past and personal memory. This article explores these questions of presence, proximity, and reenactment as a distinct mode of audiovisual autobiography through a reading of Mohsen Makhmalbaf’s film Bread and Flower (1996) as a case study.
Secrets, Trauma, and the Memory Market (or the return of the repressed in recent Argentine post-dictatorship cultural production)
Authors: Tandeciarz Silvia R
Published: April 2012

Since the end of the last Argentine Dictatorship (1976-1983), a number of feature-length films have engaged in the public debate over the legacies of state terrorism. El secreto de sus ojos (2009), Argentina's most recent Oscar winner, is the latest to do so, exploring the effects of more than a decade of impunity on those who lost their loved ones. Suggesting that restoration of a justice system that works can lead to the restoration of full civic engagement in a healthy body politic, the film raises important questions about citizenship and belonging in a post-national era. This essay explores the film's phenomenal success in the global memory market to illuminate what remains at stake in contemporary narratives of reconciliation.
Seeking God in Early Bergman: The Cases of The Seventh Seal and Winter Light
Authors: Kartal Esma
Published: April 2012

The films of Ingmar Bergman have oftentimes been considered depressing and pessimistic. Nevertheless, there is enough material to claim that this is not the case. Two of his early pieces, Det sjunde inseglet/The Seventh Seal (1957) and Nattvardsgästerna/Winter Light (1963) are two of these examples. Both films include similar protagonists who are troubled by their lack or questioning of faith, who in the end find a way out of their angst with the help of secondary characters in the films.
Questioning the Behavioral Assumption Underlying Wigmorean Absolutism in the Law of Evidentiary Privileges
Authors: Imwinkelried Edward J.
Published: April 2012

From society’s perspective, the rules governing privileged communications such as those between a client and his or her attorney are arguably the most important doctrines in evidence law. Most evidentiary doctrines relate to the court’s institutional concerns. By way of example, the best evidence and hearsay rules are largely designed to enhance the reliability of the evidence on which the trier of fact bases his or her findings. The primary impact of these rules is on the in-court behavior of witnesses, attorneys, and judges.
Why the First Amendment Cannot Dictate Copyright Policy
Authors: McGowan David
Published: April 2012

For over thirty years scholars have suggested ways judges might use the First Amendment to limit Congress’s power to grant authors exclusive rights in their works. The gist of most theories is that over the years Congress has increased the length and scope of authors’ rights too much, crowding out the rights of users to consume expression and use it to create expression of their own. The First Amendment, the argument goes, protects consumers and downstream speakers from copyright crowding-out.
Following in the Footsteps of Ford: Mental Retardation and Capital Punishment Post-Atkins
Authors: Orpen Cynthia A.
Published: April 2012

Since the United States Supreme Court held the capital sentence of mentally retarded John Paul Penry to be constitutional in Penry v. Lynaugh, the relationship between capital punishment, mental retardation and the Eighth Amendment has been widely debated. In a long awaited opinion, the Court finally held that the Eighth Amendment categorically prohibits the execution of the mentally retarded. In Atkins v. Virginia, the Court overruled its holding in Penry, and recognized that capital sentences imposed on the mentally retarded constitute cruel and unusual punishment in violation of the Eighth Amendment. Although this appears to be a victory for the mentally retarded and their advocates, the real effect of the decision will depend largely on how the states apply the Atkins holding.
Comment: DNA as Property: Implications on the Constitutionality of DNA Dragnets
Authors: Will Jonathan F.
Published: April 2012

Joe Smith is a maintenance worker at County Hospital. One morning he reported to work to find an array of law enforcement vehicles and personnel scattered about the premises. He proceeded to his locker to prepare for work and was confronted by a policeman. Apparently an elderly female patient was sexually assaulted late one night during the previous week. The police officer informed Joe that all male employees were required to give a blood sample to rule out their implication in the assault. Joe was apprehensive and stated that because he worked first shift, he could not possibly have been involved. The police officer told Joe that a warrant would be obtained if he resisted. Reluctantly, Joe agreed, though he did not understand how a sample of his blood could help this investigation. Was Joe required to give this blood sample, and further, should he have been afforded any constitutional protections?
Capital Sentencing: The Effect of Adding Aggravators to Death Penalty Statutes in Pennsylvania
Authors: Newman Sandra Schultz , Rayz Eric , Friedman Scott Eric
Published: April 2012

The birthplace of the American republic—the Commonwealth of Pennsylvania—has historically been at the forefront of the capital punishment legislation in the United States. It was the first colony in the Union to abolish the death penalty for all crimes with the exception of murder. It was the first to set forth a statutory distinction between different degrees of criminal homicide, confining imposition of capital punishment to the most chilling form of this crime—“willful, deliberate, and premeditated killing.” With this storied history in mind, we have undertaken the task of examining the current state of the death penalty in the Commonwealth. Hence, in Part II of this Article, we set forth a detailed history of the capital sentencing scheme in Pennsylvania. Part III undertakes a statistical study of the imposition of the death penalty in the Commonwealth from 1978 until 1997. In Part IV, we conclude by summing up our general observations.
A Constitution for Judicial Lawmaking
Authors: Steinman Adam N.
Published: April 2012

When courts decide cases, their decisions make law because they become precedent that binds future courts under the doctrine of stare decisis. This article argues that judicial lawmaking, like legislative lawmaking, is subject to constitutional principles that govern the extent to which a particular attempt at judicial lawmaking is valid. Because even poorly reasoned judicial decisions can still be effective lawmaking acts, it is important to distinguish between constitutional and non-constitutional principles and arguments. While a non-constitutional principle can be a basis for examining the wisdom or merits of a particular lawmaking act, only constitutional principles can assess whether the lawmaking act is valid.
State Anti-Discrimination Law as a Model For Amending the Americans with Disabilities Act
Authors: Long Alex
Published: April 2012

By now, the rise and fall of the Americans with Disabilities Act (ADA) is a familiar story. The Act was hailed as a revolutionary measure that would bring individuals with disabilities into the mainstream of American life. Instead of relying on outdated notions that defined an individual’s disability solely on the basis of the existence of an impairment or an impairment that prevented the individual from being gainfully employed, the ADA, like its predecessor, the Rehabilitation Act of 1973,3 was to take a functional, civil rights approach to the problem of disability discrimination. With its creation of a three-pronged definition of disability, Congress took notice of the fact that not all actual physical or mental impairments were inherently limiting, and that, in the words of the Supreme Court, “society’s accumulated myths and fears about disability and disease are as handicapping as are the physical limitations that flow from actual impairment.” Thus, the ADA would cover individuals who not only had actual physical or mental impairments that substantially limited major life activities, but also those individuals who had records of such impairments or were regarded as having such impairments.
An Alternative to Affirmative Action: Attributing Lack of Diversity in Undergraduate Institutions to a Failing Education System
Authors: Sherratta Michele
Published: April 2012

In the recent Supreme Court decision, Grutter v. Bollinger, the Court upheld the use of race-based affirmative action in admissions processes at higher education institutions. In the course of holding that diversity is a compelling interest, and that narrowly tailored race-conscious programs may be used to achieve diversity at graduate and undergraduate institutions, the Court also noted that such “race-conscious admissions policies must be limited in time.”
Tributes to Professor Robert Berkley Harper
Authors: Cooper Carl G. , Hill Frederick Wells , Jordan Sandra D. , White Welsh
Published: April 2012

In 1977, I began teaching at The University of Pittsburgh Law School and in short order one of my closest friends during my tenure there was Professor Robert “Bob” Harper. I wondered when I was hired whether I was selected because I looked strikingly similar to Bob, and perhaps the faculty thought my favoring Professor Harper would make my assimilation into the law school faculty that much easier. Students constantly called me Professor Harper and, indeed, many on the faculty called me Bob for several years; I never bothered to correct them. I thought if they paid that little attention to detail in law school, I would just let them go through life missing some of the finer points their education, and life for that matter, has to offer.
Ending Racial Profiling of African-Americans in the Selective Enforcement of Laws: In Search of Viable Remedies
Authors: Weatherspoon Floyd
Published: April 2012

In theory, the American justice system is designed to ensure that each American’s basic constitutional rights are preserved and protected. Most Americans, including African-Americans, believe that the justice system protects the constitutional rights of all Americans. However, the extent of this protection is viewed differently by whites and African-Americans. Indeed, African-Americans feel that their constitutional rights have been marginalized by the very systems in place to protect their rights.
Brown and the Contemporary Brazilian Struggle Against Racial Inequality: Some Preliminary Comparative Thoughts
Authors: Cottrol Robert J.
Published: April 2012

We are told by both ancient scripture and popular song that there is a time for every purpose under Heaven. Last year, 2004, was the occasion to reflect on the fiftieth anniversary of what I would submit was the most important thing the United States Supreme Court has ever done—render its decision in Brown v. Board of Education. As a nation we have spent the past year doing this, and on the whole I think it should be said doing this rather well. There have been numerous symposia and conferences devoted to the 1954 desegregation decision. There have been panels at academic conferences devoted to the topic. News programs and interviews with surviving participants have already taken place and will likely continue into 2005, as we contemplate the fiftieth anniversary of Brown II. The fiftieth anniversary has been the occasion for the publication of a number of books on the case, including one that I have co-authored. More are sure to follow.
Resisting Retreat: The Struggle for Equity in Educational Opportunity in the Post-Brown Era
Authors: Epperson Lia B.
Published: April 2012

The late Supreme Court Justice Thurgood Marshall, founder of the NAACP Legal Defense Fund (“LDF”), and head of the legal team that litigated Brown v. Board of Education,1 knew well the challenges desegregation posed in a nation founded on a system of racial subjugation and white supremacy.
Nature v. Nurture: Children Left Fatherless and Family-Less When Nature Prevails in Paternity Actions
Authors: Kording Niccol
Published: April 2012

Those words describe the feeling many parents get from parenthood and from being part of a family, regardless of whether the child is their biological offspring, stepchild, surrogate child, or adopted child. All these families and children born of biological connections or traditional families enjoy some protection under statutory or common law paternity or parentage laws. The Uniform Parentage Act and similar paternity laws protect traditional families under the marital or legitimacy presumption, which provides that children born during a marriage or within the period of gestation thereafter are presumed to be the biological children of the husband and wife.
So No Damn Politician Ever Scrap It: The Constitutional Protection of Social Security Benefits
Authors: Hawes Matthew H.
Published: April 2012

Is the nation’s old-age pension system bankrupt? Each year brings repeated warnings of a need for immediate reform. Yet somehow, reasonable people and even experts dispute both the severity of the crises and the scope of the reforms, if any, that ought to be taken. Completely overlooked in the debate, however, are the legal and even constitutional limits to any reformation plan. President Roosevelt intended to create a program that would withstand political compromise—a program that would create a “legal, moral, and political right” to the receipt of benefits. Nearly seventy years after Social Security’s creation, we must ask: Did Roosevelt succeed?
The U.N. Convention on the Recognition and Enforcement of Foreign Arbitral Awards and Issue Preclusion: A Traditional Collateral Estoppel Determination
Authors: Sudol Sabrina M.
Published: April 2012

Although the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards provides for the “recognition” and “enforcement” of non-domestic arbitral awards in commercial disputes,1 this article will show that in order for an issue resolved through arbitration to be granted preclusive effect in subsequent litigation in the United States, the proponent must also satisfy the traditional requirements of collateral estoppel. In this way, the Convention’s reach is not quite as expansive as a party might expect, for the ensuing judicial analysis often involves complex questions of law and fact while maintaining respect for the favored status of international commercial arbitration. The result is far from per se preclusivity.
An Argument for the Admissibility of Execution Impact Evidence in Pennsylvania
Authors: Forster Paige H.
Published: April 2012

In 1991, the United States Supreme Court made a significant change to sentencing proceedings during capital trials. The Court ruled in Payne v. Tennessee that the Eighth Amendment does not prohibit “victim impact evidence,” testimony about the character of the murder victim and the impact of the death on the victim’s family. The Payne decision permits highly emotional testimony from family members to enter into the penalty phase of a death penalty trial.