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Our Teaching At Iowa State, Elinor Holmberg, Ruth Frantz, Sue Brown Jan 9154

Our Teaching At Iowa State, Elinor Holmberg, Ruth Frantz, Sue Brown

Sketch

THE controversial article on teaching at Iowa State in the winter quarter Sketch caused a great amount of comment over the campus. The present editors have chosen to accept this comment as a challenge for another article, based on the comment itself and on further inquiry...


Secrets On The Texas-Mexico Border: Leiva Et Al. V. Ranch RescuE And Rodriguez Et Al. V. Ranch Rescue And The Right Of Undocumented Aliens To Bring Suit, Brooke H. Russ Mar 3004

Secrets On The Texas-Mexico Border: Leiva Et Al. V. Ranch RescuE And Rodriguez Et Al. V. Ranch Rescue And The Right Of Undocumented Aliens To Bring Suit, Brooke H. Russ

University of Miami Inter-American Law Review

No abstract provided.


Lay Down And Wait For Good News Unless You Are Bowling Alone: A Comparison Of The Identity Crisis Confronting The Japanese Corporate Warrior And The American Corporate Law Firm Associate, Mi Kim Jun 3003

Lay Down And Wait For Good News Unless You Are Bowling Alone: A Comparison Of The Identity Crisis Confronting The Japanese Corporate Warrior And The American Corporate Law Firm Associate, Mi Kim

University of Miami International and Comparative Law Review

No abstract provided.


Why Opposing Hyper-Incarceration Should Be Central To The Work Of The Anti-Domestic Violence Movement, Donna Coker, Ahjané D. Macquoid Jun 2915

Why Opposing Hyper-Incarceration Should Be Central To The Work Of The Anti-Domestic Violence Movement, Donna Coker, Ahjané D. Macquoid

University of Miami Race & Social Justice Law Review

No abstract provided.


Recent Decline Of Lowland Populations Of The Western Gray Squirrel In The Los Angeles Area Of Southern California, Daniel S. Cooper, Alan Muchlinski Jul 2105

Recent Decline Of Lowland Populations Of The Western Gray Squirrel In The Los Angeles Area Of Southern California, Daniel S. Cooper, Alan Muchlinski

Bulletin of the Southern California Academy of Sciences

We provide an overview of the distribution of lowland and otherwise isolated populations of the western gray squirrel (Sciurus griseus) in the Los Angeles area of southern California, an area that has experienced a recent and ongoing invasion by the non-native eastern fox squirrel (Sciurus niger), an urban-adapted species introduced a century ago. Away from its strongholds in the western Santa Monica Mountains, San Gabriel Mountains, and Santa Ana Mountains, the western gray squirrel is resident locally in both the Santa Susana and the Verdugo Mountains, in Griffith Park, in low hills at the eastern periphery of the San Gabriel ...


The Politics Of Fertility: Population And Pronatalism In Ladakh, Jennifer Aengst Jul 2103

The Politics Of Fertility: Population And Pronatalism In Ladakh, Jennifer Aengst

Himalaya, the Journal of the Association for Nepal and Himalayan Studies

In India’s northwestern region of Ladakh, the linkage between reproduction, politics, and fertility is both complicated and contested, evident in increasing population discourses and the re-emergence of a Buddhist pronatalist movement. This paper examines the impacts of population discourses and pronatalism on women’s reproductive decision-making, as well as on the delivery of healthcare throughout Ladakh. Population discourses currently circulating produce two reproductive subjects—the “hyper-fertile Muslim woman” and the “vulnerable Buddhist”—both of which have been central in revitalizing Buddhist pronatalism. Data collected through a hospital-based survey and interviews shows that fertility behavior is shaped by religious interpretations ...


Entrepreneurial Opportunity As Expressed In Actions (Interactive Paper), Rok Stritar, Mateja Drnovšek Jun 2102

Entrepreneurial Opportunity As Expressed In Actions (Interactive Paper), Rok Stritar, Mateja Drnovšek

Frontiers of Entrepreneurship Research

Dimov (2010) suggested that the notion of entrepreneurial opportunity could be better adapted to entrepreneurship reality by focusing on the substance of entrepreneurial behavior, that is, observing entrepreneurs act as they seize opportunities. This study focuses on early techniques and actions of novice entrepreneurs that over time turned out to be key players. By trying to answer “How do novice entrepreneurs that identified an opportunity in an emerging industry seize and develop the opportunity?” we seek to add to current knowledge on what techniques and actions entrepreneurs employ in opportunity recognition and development process by studying novice entrepreneurs in emerging ...


Gender Preferences For Economic, Social, And Environmental Value Creation Goals (Interactive Paper), Amanda Elam, Diana Hechavarria, Amy E. Ingram, Siri Terjesen, Rachida Justo Jun 2102

Gender Preferences For Economic, Social, And Environmental Value Creation Goals (Interactive Paper), Amanda Elam, Diana Hechavarria, Amy E. Ingram, Siri Terjesen, Rachida Justo

Frontiers of Entrepreneurship Research

Scholars have argued for a more holistic view of entrepreneurial value creation and motivations as empirical findings consistently suggest that some entrepreneurs exhibit strong non-monetary values (Douglas and Shepherd, 2000; Filley and Aldag, 1978; Gorgievski, Ascalon and Stephan, 2010; Low and MacMillan, 1988). We explore motives for economic, social, and environmental value creation goals from a gender perspective. The economic view of entrepreneurship assumes the main incentive is the opportunity to earn rents (Shane and Venkataraman, 2000). However, recently social value and environmental value creation been recognized as an essential feature of entrepreneurship by scholars (Austin et al., 2006; Zahra ...


Back Matter Jan 2102

Back Matter

The Journal of the Assembly for Expanded Perspectives on Learning

No abstract provided.


Teschner V. Commissioner, 38 T.C. ... No. 101 (1962), Harry A. Haines Jan 2063

Teschner V. Commissioner, 38 T.C. ... No. 101 (1962), Harry A. Haines

Montana Law Review

Teschner v. Commissioner


Table Of Contents, California Western International Law Journal Dec 2015

Table Of Contents, California Western International Law Journal

California Western International Law Journal

No abstract provided.


Judicial Independence Under Nigeria’S Fourth Republic: Problems And Prospects, Philip Aka Dec 2015

Judicial Independence Under Nigeria’S Fourth Republic: Problems And Prospects, Philip Aka

California Western International Law Journal

No abstract provided.


The Cutting Edge: The Debate Over Regulation Of Ritual Slaughter In The Western World, Jeremy Rovinsky Dec 2015

The Cutting Edge: The Debate Over Regulation Of Ritual Slaughter In The Western World, Jeremy Rovinsky

California Western International Law Journal

No abstract provided.


Gone Overboard: Why The Arctic Sunrise Case Signals An Over-Expansion Of The Ship-As-A-Unit Concept In The Diplomatic Protection Context, Matthew Drenan Dec 2015

Gone Overboard: Why The Arctic Sunrise Case Signals An Over-Expansion Of The Ship-As-A-Unit Concept In The Diplomatic Protection Context, Matthew Drenan

California Western International Law Journal

No abstract provided.


Kevlar™ For The Innocent: Why Modeling Gun Regulation After Great Britain, Australia, And Switzerland Will Reduce The Rate Of Mass Shootings In America, Ashley Mata Dec 2015

Kevlar™ For The Innocent: Why Modeling Gun Regulation After Great Britain, Australia, And Switzerland Will Reduce The Rate Of Mass Shootings In America, Ashley Mata

California Western International Law Journal

No abstract provided.


Holding Up And Holding Out, Colleen V. Chien Oct 2015

Holding Up And Holding Out, Colleen V. Chien

Michigan Telecommunications and Technology Law Review

Patent “hold-up” and patent “hold-out” present important, alternative theories for what ails the patent system. Patent “hold-up” occurs when a patent owner sues a company when it is most vulnerable—after it has implemented a technology—and is able wrest a settlement because it is too late for the company to change course. Patent “hold-out” is the practice of companies routinely ignoring patents and resisting patent owner demands because the odds of getting caught are small. Hold-up has arguably predicted the current patent crises, and the ex ante assertion of technology patents whether in the smartphone war, standards, or patent ...


After Myriad: Reconsidering The Incentives For Innovation In The Biotech Industry, Daniel K. Yarbrough Oct 2015

After Myriad: Reconsidering The Incentives For Innovation In The Biotech Industry, Daniel K. Yarbrough

Michigan Telecommunications and Technology Law Review

35 U.S.C. § 101 allows a patent for “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” Recently, the Supreme Court issued several key decisions affecting the doctrine of patentable subject matter under § 101. Starting with Bilski v. Kappos (2011), and continuing with Mayo Collaborative Services, Inc. v. Prometheus Laboratories (2012), Association for Molecular Pathology v. Myriad Genetics (2013) and, most recently, Alice Corporation Pty. Ltd. v. CLS Bank International (2014), every year has brought another major change to the way in which the Court assesses patentability. In Myriad, the ...


A Material World: Using Trademark Law To Override Copyright's First Sale Rule For Imported Copies, Mary Lafrance Oct 2015

A Material World: Using Trademark Law To Override Copyright's First Sale Rule For Imported Copies, Mary Lafrance

Michigan Telecommunications and Technology Law Review

When the Supreme Court held that the first sale rule of copyright law permits the unauthorized importation and domestic sale of lawfully made copies of copyrighted works, regardless of where those copies were made, copyright owners lost much of their ability to engage in territorial price discrimination. Publishers, film and record producers, and software and videogame makers could no longer use copyright law to prevent the importation and domestic resale of gray market copies, and therefore could no longer protect their domestic distributors against competition from cheaper imported copies. However, many of these copyright owners can take advantage of a ...


District Courts Versus The Usitc: Considering Exclusionary Relief For F/Rand-Encumbered Standard-Essential Patents, Helen H. Ji Oct 2015

District Courts Versus The Usitc: Considering Exclusionary Relief For F/Rand-Encumbered Standard-Essential Patents, Helen H. Ji

Michigan Telecommunications and Technology Law Review

Technological standards allow manufacturers and consumers to rely upon these agreed-upon basic systems to facilitate sales and further invention. However, where these standards involved patented technology, the process of standard-setting raises many concerns at the intersection of antitrust and patent law. As patent holders advocate for their patents to become part of technological standards, how should courts police this activity to prevent patent holdup and other anti-competitive practices? This Note explores the differing approaches to remedies employed by the United States International Trade Commission and the United States District Courts where standard-essential patents are infringed. This Note further proposes that ...


Dilution At The Patent And Trademark Office, Jeremy N. Sheff Oct 2015

Dilution At The Patent And Trademark Office, Jeremy N. Sheff

Michigan Telecommunications and Technology Law Review

This Article undertakes the first systematic investigation of trademark dilution in registration practice before the US Patent and Trademark Office (PTO). The Article consists of three distinct descriptive empirical analyses. In the first, I present a new hand-coded dataset of all 453 Trademark Trial and Appeal Board (TTAB) dispositions of dilution claims through June 30, 2014, and report that dilution has been necessary to the PTO’s refusal of exactly three registrations in over a decade. In the second part, I apply algorithmic coding of the recently released PTO Casefiles Dataset to demonstrate that concurrent registration of identical marks to ...


Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton Oct 2015

Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton

Indiana Law Journal

The American class action is a procedural tool that advances substantive law values such as deterrence, compensation, and fairness. Opt-out class actions in particular achieve these goals by aggregating claims not only of active participants but also passive plaintiffs. Full faith and credit then extends the preclusive effect of class judgments to other U.S. courts. But there is no international full faith and credit obligation, and many foreign courts will not treat U.S. class judgments as binding on passive plaintiffs. Therefore, some plaintiffs may be able to wait until the U.S. class action is resolved before either ...


Mandatory Process, Matthew J.B. Lawrence Oct 2015

Mandatory Process, Matthew J.B. Lawrence

Indiana Law Journal

This Article suggests that people tend to undervalue their procedural rights—their proverbial “day in court”—until they are actually involved in a dispute. The Article argues that the inherent, outcome-independent value of participating in a dispute resolution process comes largely from its power to soothe a person’s grievance— their perception of unfairness and accompanying negative emotional reaction—win or lose. But a tendency to assume unchanging emotional states, known in behavioral economics as projection bias, can prevent people from anticipating that they might become aggrieved and from appreciating the grievance-soothing power of process. When this happens, people will ...


Content-Based Copyright Denial, Ned Snow Oct 2015

Content-Based Copyright Denial, Ned Snow

Indiana Law Journal

No principle of First Amendment law is more firmly established than the principle that government may not restrict speech based on its content. It would seem to follow, then, that Congress may not withhold copyright protection for disfavored categories of content, such as violent video games or pornography. This Article argues otherwise. This Article is the first to recognize a distinction in the scope of coverage between the First Amendment and the Copyright Clause. It claims that speech protection from government censorship does not imply speech protection from private copying. Crucially, I argue that this distinction in the scope of ...


Zoning As Taxidermy: Neighborhood Conservation Districts And The Regulation Of Aesthetics, Anika S. Lemar Oct 2015

Zoning As Taxidermy: Neighborhood Conservation Districts And The Regulation Of Aesthetics, Anika S. Lemar

Indiana Law Journal

Over the last thirty years, municipalities across the country have embraced neighborhood conservation districts, regulations that impose design standards at the neighborhood level. Despite their adoption in thirty-five states, in municipalities from Boise to Cambridge, neighborhood conservation districts have evaded critical analysis by legal scholars. By regulating features such as architectural style, roof angle, and maximum eave overhang, conservation districts purport to protect “neighborhood character” or “cultural stability.” Implicit in these regulations is the unsupported assumption that the essential feature of a neighborhood’s character is its architectural design at a single point in time. The unfortunate result is zoning ...


Erie And Preemption: Killing One Bird With Two Stones, Jeffrey Rensberger Oct 2015

Erie And Preemption: Killing One Bird With Two Stones, Jeffrey Rensberger

Indiana Law Journal

The Supreme Court has developed a standard account of the Erie doctrine. The Court has directed different analyses of Erie cases depending upon whether the federal law in question is in the form of a federal rule (or statute) or is instead a judge-made law. But the cases applying the doctrine are difficult to explain using the standard account. Although the Court and commentators have noted that Erie is a type of preemption, they provide little, if any, rigorous analysis of Erie in light of preemption doctrines. This Article attempts to fill that void, offering an extended analysis of Erie ...


A Behavioral Theory Of Legal Ethics, Andrew M. Perlman Oct 2015

A Behavioral Theory Of Legal Ethics, Andrew M. Perlman

Indiana Law Journal

Behavioral insights have informed many areas of law, including the field of professional responsibility. Those insights, however, have had only a modest effect on the foundational theories of legal ethics, even though those theories are, at their core, prescriptions about human behavior. The reality is that lawyers’ conduct cannot be understood, theorized about, or used to produce the best possible regulations without an appreciation for the limits on human rationality and objectivity. A behavioral theory of legal ethics offers a way to incorporate those realties into the foundational debates on a lawyer’s professional role so that scholars can produce ...


With All Deliberate Speed: Brown V. Board Of Education, Julian Bond Oct 2015

With All Deliberate Speed: Brown V. Board Of Education, Julian Bond

Indiana Law Journal

Julian Bond, former president of the NAACP and the first president of the Southern Poverty Law Center, delivered the Indiana University Maurer School of Law’s Harris Lecture on Oct. 15, 2014 in the school’s Moot Court Room. Bond’s presentation, “The Broken Promise of Brown,” was part of the school’s commemoration of the 60th anniversary of the landmark U.S. Supreme Court decision in Brown v. Board of Education.


Access To Legal Services In Rural Areas Of The Northern Rockies: A Recommendation For Town Legal Centers, Brian L. Lynch Oct 2015

Access To Legal Services In Rural Areas Of The Northern Rockies: A Recommendation For Town Legal Centers, Brian L. Lynch

Indiana Law Journal

There are two distinct but related issues that affect legal representation in rural areas of the United States: the problem of attracting and keeping private attorneys,1 and the problem of satisfying the immense need for pro bono representation for low-income residents. Although these issues are interrelated—attracting attorneys to rural areas can help satisfy the need for pro bono representation—each state is handling the problems in distinctive ways.

In Part I, this Note will demonstrate why the Northern Rockies—which consists of the states of Idaho, Montana, and Wyoming—is a distinctive region with enough similarities between states ...


Method Of Attack: A Supplemental Model For Hate Crime Analysis, Angela D. Moore Oct 2015

Method Of Attack: A Supplemental Model For Hate Crime Analysis, Angela D. Moore

Indiana Law Journal

On October 28, 2009, the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (HCPA) was signed into law by President Barack Obama. Two years later, between September and November of 2011, members of a Bergholz, Ohio, Amish community allegedly carried out five attacks in which they forcibly restrained, and cut the hair and beards of, members of other Amish communities. In September of 2012, a jury rendered a verdict in United States v. Mullet and found sixteen members of the Bergholz community—including Samuel Mullet, bishop of the community—guilty of HCPA violations. These were the first convictions ...


Planning For Pedestrian Flows In Rail Rapid Transit Stations: Lessons From The State Of Current Knowledge And Practice, Carole Turley Voulgaris, Anastasia Loukaitou-Sideris, Brian D. Taylor Sep 2015

Planning For Pedestrian Flows In Rail Rapid Transit Stations: Lessons From The State Of Current Knowledge And Practice, Carole Turley Voulgaris, Anastasia Loukaitou-Sideris, Brian D. Taylor

Journal of Public Transportation

Decades of research have contributed to the development of standards and models to guide pedestrian-friendly transit station designs, although it is not at all clear from the literature how these tools are collectively used in practice. To address this, we interviewed 15 experts in transit station design. Based on the themes identified in these interviews, we conducted an online census of all 16 transit agencies in North America with rapid rail transit systems with below-grade stations. We found that although standards and codes are most likely to guide design decisions, the three types of tools (published standards, deterministic models, and ...