206 research outputs found
sj-docx-1-cjb-10.1177_00938548241232562 – Supplemental material for Specialized Mental Health Supervision: Revocations and Risk Composition
No full textSupplemental material, sj-docx-1-cjb-10.1177_00938548241232562 for Specialized Mental Health Supervision: Revocations and Risk Composition by Nicholas K. Powell, Angela Gunter, Mari Roberts and Tonya Van Deinse in Criminal Justice and Behavior</p
[Photograph 2012.201.B1129.0576]
No full textPhotograph used for a story in the Daily Oklahoman newspaper. Caption: "Tonya Roberts carefully grooms one of her Poland China pigs before the livestock show.
Child and Caregiver Perspectives of a Combined Brain Stimulation and Constraint-Induced Movement Therapy Trial
No full textAbstract
Date Presented 3/31/2017
Novel interventions pairing noninvasive brain stimulation and rehabilitation are emerging for children with stroke. Feedback from pediatric clinical trial participants and caregivers is reviewed to guide future investigations and translation of novel interventions.
Primary Author and Speaker: Tonya Rich
Contributing Authors: Chao-Ying Chen, Timothy Feyma, Gregg Meekins, Marcie Ward, Linda E. Krach, Bernadette Gillick</jats:p
Student musicale, November 29, 1995
No full textRecorded during a live performance at Dalton Center Recital Hall, Western Michigan University, Kalamazoo, Michigan, November 29, 1995, 2:00 p.m., the 197th concert of the School of Music's 1995-1996 season.1st work: Kaitrin Matthews, soprano ; Andrew Byrne, piano. 2nd work: Justin O'Dell, clarinet ; Adam Liebert, violin ; Mark Morris, violin ; Sara Roberts, viola ; Laura Deksnis, cello. In the 3rd work: WMU Flute Ensemble (Kristin Blanchard, Tonya Brown, Anne Decker, Paula Hansen, Rebecca Kolgore, Jennifer Kovach, Jennifer Moore, Julie Rummel, Kelly Stanton, Virginia Williams) ; Christine M. Smith, conductor.Information from performance program.Quando men vo, from La bohème / Giacomo Puccini -- Quintet for clarinet and strings / Quincy Porter -- Sibling rivalry : for flute ensemble. I. Mocking ; II. Ripple ; V. Barroom brawl / Dennis DeSantis
The Ecology of Scale
No full textThis project examines the incentives and constraints faced by micro, small and medium-sized enterprises (SMEs) in adopting environmentally sustainable businesses practices. A mail survey was distributed to a sample of owners and managers of small businesses in the greater Williamsburg, Virginia community to directly assess their opinions about issues of sustainability and the relationship between their businesses and the environment. The author concludes that SMEs differ fundamentally from larger businesses in their ability to meet or exceed environmental regulatory compliance and recommends a general policy approach to address these differences and encourage environmental management (EM) among SMEs
Statutory Heirs Apparent?: Reclaiming Copyright in the Age of Author-Controlled, Author-Benefiting Transfers
No full textWhat do musical artists Bob Dylan,1 Loretta Lynn,2 Bruce Springsteen, Kool and the Gang, 4 and original Village People member Victor Willis5 all have in common? During their lifetimes, these songwriters all successfully served notice of termination to transferees of their copyright interests in their musical compositions and reclaimed ownership of their copyrights. 6 In fact, Willis, author7 of the perennial karaoke hit YMCA, is the first living artist to successfully terminate the transfer of a post-1977 copyrighted musical composition under section 203 of the 1976 Copyright Act.8
Willis may have been the first, but since 2013 an increasing number of artists from all entertainment industry sectors have and will successfully serve notices and terminate transfers and licenses that were thought at the time of contract to be irrevocable and perpetual. 9 The list of successful artists includes the late Prince Rogers Nelson (aka Prince),\u27 ° who, after an infamous and legendary 18-year rights battle, reclaimed his music catalog from Warner Brothers beginning with his debut album released in 1978.11 This Article focuses on what has transpired since the 2013 termination window opened as termination controversies move from the boardroom to the courtroom. Owners of copyrighted works created on or after January 1, 1978, were first empowered to begin terminating any transfers of those works on January 1, 2013. Because Willis (and the others) reclaimed control of their respective copyright interests during their lifetimes, they are free to dispose of their copyrights, as intangible personal property, during their lifetime in any way they choose or they can exercise their testamentary freedom to transfer property at death. 12
[. . .]
In this Article, I focus on what has actually transpired since that trigger date. Specifically, I argue that Congress should treat certain lifetime gratuitous author transfers to ACAB business and nonprobate entities in the same way that transfers by will are treated. I assert that parity in the treatment of wills and will substitutes is necessary given the rise in importance and frequency of use by celebrities of those ACAB vehicles. I propose a statutory amendment to prevent Statutory Heirs from terminating the decedent author\u27s lifetime gratuitous transfers to best protect the author\u27s testamentary intent and valuable copyright ACAB transfers in the same way testamentary transfers are protected. Finally, I discuss post-1977 termination cases, which are just starting to make their way through the court system, to highlight the unintended consequences of Statutory Heir termination.
In Part I, I explore the legislative history and purpose of the transfer termination right to highlight why Congress added it in 1976 and why transfers made by will are not subject to termination. Further, I compare and contrast briefly pre-1978 (section 304) and post-1977 (section 203) termination rights.
In Part II, I explore the history and importance of testamentary freedom as an organizing principle of succession law.19 Additionally, I highlight the trend led by the drafters of the Uniform Probate Code to interpret succession laws expansively in order to glean and to honor testamentary intent. In this part, I also discuss the traditional limitations on testamentary freedom in favor of certain favored familial relationships like that of spouse and child, namely the elective share in common law states and pretermitted heir statutes.
In Part III, I examine the historical development and emergence of will substitutes in succession law.20 First, I identify and discuss the common types of will substitutes. Next, I focus more specifically on the types of nonprobate transfer vehicles typically involved in the entertainment industry that an artist might use to hold copyright interests and other intellectual property during their lifetimes and to transfer those same assets at the artist\u27s death. These types include self-settled trusts, private foundations, and asset protection trusts.
In Part IV, I examine the role and prevalence of celebrity loan-out companies and music publishing companies in the entertainment industry. Entertainers across entertainment sectors often set up loan out corporations as a way to protect their assets and secure certain tax benefits.21 Usually, the entertainer acts as an employee of the corporate entity and the entity enters into contracts with other businesses such as a production company. The company loans out the services of the actor to the production company and may also receive transfers of copyright interests and, after the entity is formed, acquire control of copyrights on a work-for-hire basis to insulate them from the termination right altogether. Music publishing companies are used to control and exploit songwriting copyrights. A songwriter\u27s music publishing company may also receive transfers initially and then own future copyrights created by the songwriter on a work-for-hire basis. ACAB transfers to these business entities are vulnerable to Statutory Heir termination.
In Part V, I analyze several ACAB transfer termination cases where heirs, who inherited the unexercised termination right, challenged a decedent\u27s copyright transfer into an author-created vehicle designed to pass copyright ownership (or the benefits that flow therefrom) to someone or some entity other than those heirs. To that end, I examine the facts and outcome of Ray Charles Foundation v. Robinson, the most prominent and recent case involving an analogous fact pattern. 22 Thereafter, I highlight several pre-1978 cases that interpret section 304. I use those cases to serve as a guidepost for how statutory heirs can effect termination in a way that is contrary to an author\u27s testamentary intent and to highlight how common it was under section 304 for an heir to challenge an author\u27s lifetime disposition of copyright assets and create an endrun around the author\u27s estate plans.
Finally, in Part VI, I offer ways to effectively reconcile the copyright succession rules to best balance an author\u27s lifetime and testamentary wishes with the policies underlying the government\u27s interest in protecting the welfare of author\u27s closest heirs if the author dies before having the opportunity to exercise his or her termination right.
For example, Congress could amend the Act to except from any transfer those that would qualify as author-benefiting transfers to author controlled vehicles or closely held corporate entities. This exception could be unlimited or limited to a certain time period from the date the author created the receiving ACAB entity
Examining Utilization of Formal Supports and Related Impacts on Overall Well-Being Among East Asian American Family Caregivers of Persons With Dementia: A Mixed-Methods Study
No full textBACKGROUND AND OBJECTIVES: Although East Asian American family caregivers are known to underutilize formal support services, there is a lack of evidence regarding the associations of formal service utilization with caregivers' well-being. This study examined the prevalence of different types of home-and community-based formal service utilization among Korean and Chinese American family caregivers of persons with dementia and how utilization of such services was associated with their well-being. We also explored their overall experience in accessing and utilizing formal dementia support services and programs.
RESEARCH DESIGN AND METHODS: We employed a convergent mixed-methods study design. In a convenience sampling method, we recruited 62 family caregivers. Logistic regression and thematic analysis were utilized to analyze data.
RESULTS: The results showed in-home services were mostly utilized among family caregivers of these ethnic groups. Out of 9 different support services, those who utilized nutrition programs and case management were more likely to report higher overall well-being. Four themes were developed: (1) awareness of formal support services but uncertainty on how to access them, (2) language barriers imposing additional challenges in accessing formal support services, (3) traveling to access culturally appropriate services, and (4) desire for culturally tailored medical and long-term care services.
DISCUSSION AND IMPLICATIONS: Findings from this study suggest the importance of case management services to overcome barriers to accessing and utilizing a wide range of formal support services and provision of culturally appropriate food in formal support services to increase East Asian American family caregivers' utilization of long-term care services
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Soul of the court ::the trailblazing life of Judge William Benson Bryant Sr. /
No full text"Legal legend Judge Louis F. Oberdorfer once stated that there were "only two people in the world who really understood the Constitution" and its impact on American lives. One was Hugo Black, deceased Supreme Court justice. The other was William Benson Bryant Sr. (1911-2005), who in the early 1950s became the first Black assistant US attorney to try cases in Washington, DC's federal court, and became that same court's first Black chief judge in 1977. Written by award-winning author Tonya Bolden, this biography presents the story of Bryant's remarkable, pioneering life in the law-one that began in a segregated DC and included many years as an extraordinary criminal defense attorney, most notably as the dogged defender of Andrew Mallory, a young poor Black man sentenced to the electric chair for the 1954 rape of a white woman. Bryant fought for Mallory's life all the way to the US Supreme Court, chiefly on the grounds that Mallory's confession-the most damning evidence against him-was the fruit of an illegal detention. The High Court overturned Mallory's conviction. Mallory v. United States was among the cases that culminated in the landmark 1966 Miranda rule. Appointed to federal judicial service by Lyndon B. Johnson in 1965, Bryant's forty-year tenure included cases ranging from overturning a corrupted election of the United Mine Workers and unconstitutional conditions at the DC jail. The biography draws upon an array of documents, newspaper articles, interviews with the judge's friends, colleagues, and family members, as well as oral histories, including Judge Bryant's. Bolden beautifully narrates the story of a life of compassion, unparalleled integrity, and unwavering belief in the dignity of every human being"-
Elaborating the Human Aspect of the NIST Framework for Cyber-Physical Systems
No full textThe National Institute of Standards and Technology (NIST) has developed a Framework for Cyber-Physical Systems (CPS Framework) that supports system engineering analysis, design, development, operation, validation and assurance of CPS. Cyber-physical systems (CPS) comprise interacting digital, analog, physical, and human components engineered for function through integrated physics and logic. For instance, a city implementing an advanced traffic management system including real-time predictive analytics and adaptation/optimization must consider all aspects of such a CPS system of systems’ functioning and integrations with other systems, including interactions with humans. One Aspect (or grouping of stakeholder concerns) of the CPS Framework is the Human Aspect. NIST is engaging HFES in a panel discussion to elaborate Human Aspect concerns, such as constructs, measures, methods, and tools.This proceeding is published as Burns, Martin, Joe Manganelli, David Wollman, Ronald Laurids Boring, Stephen Gilbert, Edward Griffor, Yi-Ching Lee, Dan Nathan-Roberts, and Tonya Smith-Jackson. "Elaborating the Human Aspect of the NIST Framework for Cyber-Physical Systems." Proceedings of the Human Factors and Ergonomics Society Annual Meeting 62, no. 1 (2018): 450-454. DOI: 10.1177%2F1541931218621103. Posted with permission.</p
UA61/1 WKU Nursing Class 2009
No full textMembers of the 2009 nursing class: Lorraine Adler, Tonya Bragg-Underwood, Jenna Bratcher, Crystal Brock, Kathy Brooks, Lisa Burton, Shelia Curry, Donna Embry, Margo Hancock, Laura Harmon, Kim Haynes, Hua-Wen Hsu, Vanessa Lopp, Lisa Marcum, Jennifer McGee, Linda Norton, Michael Pendleton, Yvonne Pfanenstiel, Pam Phelps, Allison Phillips, Brandy Pierce, Elizabeth Price, Lisa Proctor, Susan Redick, Terra Roberts, Martha Ryan, Sally Satterfield, Lori Skaggs, Tequila Staten, Teresa Stidham and Bryn Wells
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