Digital Commons Network^™

Trademark Dilution In Japan, Kenneth L. Port

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Rule 37(F) Meets Its Critics: The Justification For A Limited Preservation Safe Harbor For Esi, Thomas Y. Allman

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

A New Economics Of Trademarks, David W. Barnes

Northwestern Journal of Technology and Intellectual Property

Conventional wisdom holds that trademarks are nothing like other intellectual property. Copyright and patent law are theoretically based in public goods theory and are designed to promote creation and disclosure of original expressions and novel, useful innovations. By contrast, trademarks are private goods and trademark law is designed to promote trade and encourage competition.

This article challenges conventional wisdom by demonstrating that trademarks are a type of public good that contributes to the public stock of useful ideas just as patented and copyrighted works do. This economic perspective suggests, again contrary to conventional trademark theory, that competitive markets fail to …

Identification Of Trade Secret Claims In Litigation: Solutions For A Ubiquitous Dispute, Charles Tait Graves, Brian D. Range

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Easing The Claim Construction Blow With Early-Discovery Markman Hearings That Are Appealable To The Federal Circuit On An Interlocutory Basis, Srikanth K. Reddy

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

A Realist Approach To Merck Kgaa V. Integra, Daniel A. Lev

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Metro-Goldwyn-Mayer V. Grokster: Unpredictability In Digital Copyright Law, Kent Schoen

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Virtual Design Based Research, Chareen Snelson

Educational Technology Faculty Publications and Presentations

Instructional materials for the online course may be designed with rich multimedia content and innovative approaches. Student engagement with these materials is unseen and left to be inferred. Design based research is an approach used to study intervention in the context of an authentic classroom. It can be applied to the online course to study the impact of instructional design decisions and the effectiveness of multimedia integration. The technology used to support the online course can be used to collect usage data and participant evaluations.

Determining Information Requirements For E-Business Systems From Activity Space To Information Space, Kecheng Liu, Lily Sun

Journal of International Technology and Information Management

The study of information requirements for e-business systems reveals that the level of detail, granularity, format of presentation, and a broad range of information types are required for the applications. The provision of relevant information affects how e-business systems can efficiently support the business goals and processes. This paper presents an approach for determining information requirements for e-business systems (DIRES) which will allow the user to describe the core business processes, whose specification maps onto a business activity space. It further aids a configuration of information requirements into an information space. A case study of a logistics company in China …

Enterprise Integrated Security Platform: A Comparison Of Remote Access And Extranet Virtual Private Networks, Emmanuel U. Opara, Jack T. Marchewka

Journal of International Technology and Information Management

The Internet has created unprecedented opportunities for both organizations and individuals. However, these opportunities also have created a double-edge sword as organizations attempt to connect trading partners, customers, and remote users while providing adequate security measures that are flexible and cost-effective. This paper explores why secured socket layer (SSL) may be better tool for secured remote access and extranets by comparing it to internet protocol security virtual private networks (IPSec-based VPNs).

Cross-Border It-Support For The Management Of International Subsidiary Operations: The Diffusion Of Innovations-Based Conceptual Model, Arto Ojala, Nazmun Nahar

Journal of International Technology and Information Management

Rapid and effective internationalization has increasingly become important for high-tech companies. Establishing a foreign subsidiary can facilitate effective internationalization for a high-tech company. This study investigates how IT can provide cross-border support to manage international subsidiary operations and makes important theoretical contributions. The research results exhibit how companies can use cross-border IT-support to effectively share and utilize information from the target country environment for international subsidiary operations. This paper also introduces the diffusion of innovations-based conceptual model which deals with various factors that should be taken into account while operating a foreign subsidiary through IT support. The findings are useful …

Use Of Advanced Technologies And Information Solutions For North Sea Offshore Assets: Ambitious Changes And Socio-Technical Dimensions, Jayantha P. Liyanage, Eirik Bjerkebaek

Journal of International Technology and Information Management

The use of various forms of advanced technologies and information solutions are in common place to manage industrial assets today. This is widely seen as the way forward in various industrial sectors owing to range of commercial benefits offered by new technologies and its importance to gain competitive advantage. The objective of this paper is to describe such an ongoing major technology-dependent re- engineering process termed Integrated eOperations in oil and gas exploration and production business in North Sea since 2004-2005, and to highlight the nature of ambitious techno-managerial changes and its critical socio-technical dimensions. The change process focuses on …

Mobile Maintenance Management, Aitor Arnaiz, Christos Emmanouilidis, Benoit Iung, Erkki Jantunen

Journal of International Technology and Information Management

The paper gives a short overview of the enabling tools and technology available to the maintenance engineer in manufacturing industry, in relation to the emergence of e-maintenance practices and the introduction of mobile computing devices. An analysis of the main characteristics of the e- maintenance concepts and the associated challenges is provided, highlighting the lack of use of condition-based maintenance strategies. The potential of using ubiquitous computing in industrial maintenance practice is then examined, followed by an original vision for the adoption of mobile maintenance management solutions, which can facilitate the implementation of condition-based- maintenance. This vision is supported today …

The I_Carre Methodology: An Organized Approach To Selecting Web Design Software For Nonprofits, Christie Pitzer, Chang Liu, Jack T. Marchewka

Journal of International Technology and Information Management

Choosing Web content management software from the myriad of choices available can be a critical decision any organization. However, this decision becomes an even greater concern for nonprofit organizations with limited IT resources, technical skills, and financial resources. In this paper, a methodology is introduced that describes a step-by-step approach to selecting Web design software for organizations with extremely limited resources. The proposed I_CARRE methodology was developed using an action research approach and introduces several fundamental project management concepts, as well as some widely available tools. The objective of the I_CARRE methodology is to provide a non- technical, common sense …

Development Of A Risk Assessment Model For Global Information Technology Outsourcing, June Wei, Brian Peach

Journal of International Technology and Information Management

Global Information Technology (IT) outsourcing has been recognized to have important potential benefits. However, researchers and practitioners also recognize potential risks involved in global IT outsourcing, which sometimes lead to undesirable consequences. This paper develops a model to assess risks in global IT outsourcing. Specifically, this paper begins by identifying global IT outsourcing risk factors by considering the national infrastructure, organizational infrastructure, and project environment. Second, a Global IT Outsourcing (GITO) engagement model for risk assessment is developed to logically link all these risk factors together. Third, one quantifiable approach based on a relative-weighted assessment model is presented to demonstrate …

Organizational Learning Stages Of Assimilation, Integration And Optimization And Their Relationship With User Satisfaction Of Enterprise Resource Planning Systems, Edith Galy, Jane Lemaster

Journal of International Technology and Information Management

Literature on organizational learning suggests that various processes have to occur in order for an organization to learn. This study provides empirical evidence for measuring organizational learning in three stages: assimilation, integration and optimization. A path model of organizational learning was tested establishing the significance and magnitude of the total effect of assimilation, integration and optimization on the satisfaction level of top information executives in firms with Enterprise Resource Planning systems. The model indicates that the optimization-satisfaction path is the strongest, followed by the integration-satisfaction path. Measuring and improving the factors composing organizational learning is essential for successful implementation of …

The Coming Age Of Rfid Revolution, Mohsen Attaran

Journal of International Technology and Information Management

Radio Frequency Identification, or RFID, has been around for decades and is being used in manufacturing to complement established barcodes for the past 25 years. Recently, many companies are embracing RFID as a competitive weapon that can improve their efficiencies, and provide significant business benefits. Despite many useful applications, the technology's potential has yet to be fully realized. The aim of this paper is to provide an overview of contemporary RFID systems, highlight its promises as well as its pitfalls, identify the implementation challenges and key business drivers, survey its application in various industries, and speculate about where this technology …

Cumulonimbus On Clay| Five Letters To A Difficult Place, Jesslyn Capen Shields

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Found Law, Made Law And Creation: Reconsidering Blackstone's Declaratory Theory, William S. Brewbaker Iii

Articles

The subject of this paper is Blackstones famous declaratory theory of law the claim that judges find the law rather than make it Blackstones claim is widely rejected in the legal academy often because Blackstone is wrongly associated with the brooding omnipresence view of law rejected in cases like Erie Guaranty Trust and Southern Pacific Co v Jensen I argue that Blackstones theory fails for other reasons namely because his account does not square well with law practice as it exists and because his distinction between legislative lawmaking and judicial declaration is ultimately unsustainableDespite its faults Blackstones account of judging …

Trademarks And The Landscape Of Imagination, Alan L. Durham

Articles

No abstract provided.

Universities As First Amendment Institutions: Some Easy Answers And Hard Questions Symposium: Constitutional Niches: The Role Of Institutional Context In Constitutional Law, Paul Horwitz

Articles

No abstract provided.

Religious Tests In The Mirror: The Constitutional Law And Constitutional Etiquette Of Religion In Judicial Nominations Symposium: Religion, Division, And The Constitution, Paul Horwitz

Articles

No abstract provided.

The Man, The State And You: The Role Of The State In Regulating Gender Hierarchies, Meredith M. Render

Articles

No abstract provided.

Thomas Aquinas And The Metaphysics Of Law, William S. Brewbaker Iii

Articles

Despite modernity's longstanding aversion to metaphysics, legal scholars are increasingly questioning whether law can be understood in isolation from wider questions about the nature of reality. This Article examines perhaps the most famous of metaphysical legal texts—Thomas Aquinas's still widely read Treatise on Law—with a view toward tracing the influence of Thomas's metaphysical presuppositions. This Article shows that Thomas's account of human law cannot be fully understood apart from his metaphysics. Attention to Thomas's hierarchical view of reality exposes tensions between Thomas's “top-down” account of law and his sophisticated “bottom-up” observations. For example, Thomas grounds human law's authority in its …

Federal Constitutional Restraints On Tax Competition Among The American States, Walter Hellerstein

Scholarly Works

This article examines the judicially developed rules limiting interstate tax competition in the United States and the constitutional framework out of which they arise.

Repraesentatio In Classical Latin, Alan Watson

Scholarly Works

The Romans knew well the twin concepts of representation and representatives in law suits and in the relationships between father and son, and owner and slave. But for these concepts they did not use the terms repraesentare or any cognate.

To Tertullian, it seems, goes the credit of first using repraesentare and repraesentator in their modern senses of <> and <>. That his context is theological probably should not surprise since he is, above all, a theologian.

Thus he uses repraesentare to mean that the one larger and more important may represent the many and less important. This usage had a …

The Effect Of Forum Selection Clauses On District Courts’ Authority To Compel Arbitration, Thomas V. Burch, John W. Hinchey

Scholarly Works

This is a short piece written for the AAA's Dispute Resolution Journal on two competing provisions in Section 4 of the FAA. One provision tells district courts to compel arbitration in accordance with the parties' agreement, including any forum selection clause. The other says that the court can compel arbitration only within its own territory. This, of course, creates a problem when the forum selection clause calls for arbitration in another jurisdiction. This short article addresses the conflict, showing how courts tend to rule on the issue (as of 2006).

Striking Out: The All-American Girls' Professional Baseball League Failed To Break Gender Barriers, Lindsey Letcher

Honors Program Theses

It is essential to look at the conditions that made the League possible in the first place and also the conditions that led to its demise. To do this, players' backgrounds must be investigated. Who were these women? Where did they come from? Where did they go after the League? These are all fundamental questions that must be answered. One way to look at how the women and the League were perceived by society is to look at the daily reporting of the League in local town newspapers and larger national publications. These newspapers carried daily stats, stories and sometimes …

Weighing And Reweighing Eminent Domain's Political Philosophies Post-Kelo, Alberto B. Lopez

Articles

No abstract provided.

The Man, The State And You: The Role Of The State In Regulating Gender Hierarchies, Meredith M. Render

Articles

This paper begins with the thesis that an andocentric-assimilation model of women's liberation both has affected workplace outcomes for women and has desensitized us to those outcomes. The paper then applies that thesis to understandings of "equality" within a hierarchical framework, arguing that the equality-liberty dichotomy is false in the context of gender discrimination in the workplace. Instead the paper argues that disparate treatment is a liberty concern. In seeking to have our professional fates married to the fates of our male colleagues - which is what workplace equality doctrines aim to do - women are seeking to be only …