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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.

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

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

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

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

Montana Law Review

Teschner v. Commissioner

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 ...

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 ...

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 ...

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 ...

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 ...

Hassle, Jane Bambauer

Michigan Law Review

Before police perform a search or seizure, they typically must meet the probable cause or reasonable suspicion standard. Moreover, even if they meet the appropriate standard, their evidence must be individualized to the suspect and cannot rely on purely probabilistic inferences. Scholars and courts have long defended the distinction between individualized and purely probabilistic evidence, but existing theories of individualization fail to articulate principles that are descriptively accurate or normatively desirable. They overlook the only benefit that the individualization requirement can offer: reducing hassle. Hassle measures the chance that an innocent person will experience a search or seizure. Because some ...

Forcing Patent Claims, Tun-Jen Chiang

Michigan Law Review

An enormous literature has criticized patent claims for being ambiguous. In this Article, I explain that this literature misunderstands the real problem: the fundamental concern is not that patent claims are ambiguous but that they are drafted by patentees with self-serving incentives to write claims in an overbroad manner. No one has asked why the patent system gives self-interested patentees the leading role in delineating the scope of their own patents. This Article makes two contributions to the literature. First, it explicitly frames the problem with patent claims as one of patentee self-interest rather than the intrinsic ambiguity of claim ...

Conflicting Requirements Of Notice: The Incorporation Of Rule 9(B) Into The False Claims Act's First-To-File Bar, Brian D. Howe

Michigan Law Review

Intended to prevent fraud against the government, the False Claims Act (“FCA”) contains a qui tam provision allowing private individuals, known as relators, to bring suits on behalf of the government and receive a portion of the damages. At the heart of the qui tam provision lies the first-to-file bar, which provides that, once a first relator has filed a complaint, subsequent relators are prohibited from coming forward with complaints based on the facts underlying the first relator’s pending action. A circuit split has recently emerged regarding the incorporation of Federal Rule of Civil Procedure 9(b)’s heightened ...

Regulating Electricity-Market Manipulation: A Proposal For A New Regulatory Regime To Proscribe All Forms Of Manipulation, Matthew Evans

Michigan Law Review

Congress broadly authorized the Federal Energy Regulatory Commission (“FERC”) to protect consumers of electricity from all forms of manipulation in the electricity markets, but the regulations that FERC passed are not nearly so expansive. As written, FERC’s Anti-Manipulation Rule covers only instances of manipulation involving fraud. This narrow scope is problematic, however, because electricity markets can also be manipulated by nonfraudulent activity. Thus, in order to reach all forms of manipulation, FERC is forced to interpret and apply its Anti-Manipulation Rule in ways that strain the plain language and accepted understanding of the rule and therefore constitute an improper ...

On The Max-Algebraic Core Of A Nonnegative Matrix, Peter Butkovic, H Schneider, Sergi Sergeev

Electronic Journal of Linear Algebra

The max-algebraic core of a nonnegative matrix is the intersection of column spans of all max-algebraic matrix powers. This paper investigates the action of a matrix on its core. Being closely related to ultimate periodicity of matrix powers, this study leads to new modifications and geometric characterizations of robust, orbit periodic and weakly stable matrices

Ranks And Eigenvalues Of States With Prescribe Reduced States, Chi-Kwong Li, Yiu-Tung Poon, Xuefeng Wang

Electronic Journal of Linear Algebra

For a quantum state represented as an $n\times n$ density matrix $\sigma \in M_n$, let $\cS(\sigma)$ be the compact convex set of quantum states $\rho = (\rho_{ij}) \in M_{m\cdot n}$ with the first partial trace equal to $\sigma$, i.e., $\tr_1(\rho) =\rho_{11} + \cdots + \rho_{mm} = \sigma$. It is known that if $m\ge n$ then there is a rank one matrix $\rho \in \cS(\sigma)$ satisfying $\tr_1(\rho) = \sigma$. If $m < n$, there may not be any rank one matrix in $\cS(\sigma)$. In this paper, we determine the ranks of the elements and ranks of the extreme points of the set $\cS$. We also determine $\rho^* \in \cS(\sigma)$ with rank bounded by $k$ such that $\|\tr_1(\rho^*) - \sigma\|$ is minimum for a given unitary similarity invariant norm $\|\cdot\|$. Furthermore, the relation between the eigenvalues of $\sigma$ and those of $\rho \in \cS(\sigma)$ is analyzed. Extension of the results and open problems will be mentioned.

In The Cesspool Of Corruption: The Challenges Of National Development And The Dilemma Of Anti-Graft Agencies In Nigeria, Oluwaseum Bamidele, Azeez O. Olaniyan, Bonnie Ayodele

African Social Science Review

Most theoretical and analytical discourse on national development identified the virulent nature of corruption as development curse. In Nigeria, as in many other soft states, the epidemic nature of corruption and its destructive impacts on the national development has received wider attention in both national and international mass media. Similarly, scholarly literature on the culture of sleaze in many of these countries revealed the depth of the disease. Nigeria, undoubtedly remain at the front page of countries under the siege of sleaze. Its profile as one of the most corrupt nations feeds largely into the crisis of its national development ...

Patronage Driven Corruption Undermining The Fight Against Poverty In Uganda, Mbabazi Godfrey, Pyeong Jun Yu

African Social Science Review

Uganda has been a den of corruption for a long time, a “disease” that has eaten up the entire society. Surprisingly or not, the Ugandan political machine has ensured that this practice thrives to benefit its interests at the expense of the majority poor. This study reveals that Uganda’s patronage and corruption quandary emanated from the British Colonial administrative system which was based on using a section of local people to rule over the rest and consequently rewarded them for supporting their policies and interests. With the intentioned absence of democratic rule, institutions that could condemn, exert public control ...

Ethical Challenges In Cross-Cultural Field Research: A Comparative Study Of Uk And Ghana, Jones Adu-Gyamfi

African Social Science Review

Abstract: Research ethics review by ethics committees has grown in importance since the end of the Nuremberg trials in 1949. However, ethics committees have come under increasing criticisms either for been ‘toothless or too fierce’ (Fistein & Quilligan, 2012:224). This paper presents a personal account of my experience in obtaining ethical approval for my PhD study from a UK university and the ethical dilemmas encountered in the fieldwork in Ghana. In this paper I question whether strict adherence to ethical guidelines developed from western perspectives is useful in conducting research in non-western societies. As more academics are increasingly been mandated ...

Questioning The Validity Of Race As A Social Construct: Examining Race And Ethnicity In The ‘Rainbow Nation’, Bob Heere, Matthew Walker, Heather Gibson, Brijesh Thapa, Sue Geldenhuys, Willie Coetzee

African Social Science Review

Governments have historically classified their populations according to race and ethnicity, which has been done to either exert power over minority groups or ensure equality among these groups. However, viewing ones racial identity through a historical lens raises doubts about the validity of race as a social construct, since the concept has seldom served as a strong foundation for social identity formation. As such, we posit that ethnicity is a more accurate predictor of identification than race. Using South Africa as the research context, we examine whether within each race group ethnic differences exist on national identity and social capital ...

A Pluridisciplinary Treatise Of The Fractal Complexity In John Mukum Mbaku’S Corruption In Africa: Causes, Consequences And Cleanups, Abdul Karim Bangura

African Social Science Review

While my extensive search yielded about 20,500 mentions, seven scholarly citations, and three scholarly book reviews of John Mukum Mbaku’s Corruption in Africa: Causes, Consequences and Cleanups (2007), no systematic analysis has been done on the text, even though such potential exists. This is a serious gap in the literature on Africa’s international affairs and development studies because the book is one of the major works, if not the most comprehensive work, on a topic that has significant implications for the continent’s international relations and development. This paper is an attempt to fill this gap. Specifically ...

Review Of The Sacrifice, Eric K. Anderson

Bearing Witness: Joyce Carol Oates Studies

Review of Joyce Carol Oates's novel The Sacrifice focusing on how racial politics in America can transform individuals into symbols, erasing their human complexity.

Recognizing The Influence Of Social Determinants On Hiv Risk Behaviors And The Need For Structural Interventions To Prevent Hiv In Women, Arlene Edwards

Journal of Health Disparities Research and Practice

The design and implementation of structural interventions may provide for simultaneous and longitudinal responses to prevention needs in multiple contexts as defined by social determinants, thus varied opportunities exist to respond to the HIV prevention needs of women. According to the CDC, in 2010, the rate of new HIV infections among black women was 20 times that of white women, and the rate among Hispanic/Latino women was 4 times the rate of white women. Additionally, 86% of HIV infections in women were attributed to heterosexual contact and 14% to injection drug use (CDC, 2012). These numbers are reflected outside ...

Common Threads: An Integrated Hiv Prevention And Vocational Development Intervention For African American Women Living With Hiv/Aids, Liza Marie Conyers, Yung-Chen Chiu, Aisha Shamburger-Rousseau, Vanessa Johnson, Mark Misrok

Journal of Health Disparities Research and Practice

Current policies and initiatives call for the integration of social determinants of health into HIV/AIDS prevention and care interventions. According to the World Health Organization’s Commission on Social Determinants of Health, the lower a person’s socioeconomic status, the worse the health outcomes. One way to alleviate poverty among African American women with HIV/AIDS is to help foster their vocational development and economic empowerment. The National HIV/AIDS Strategy Implementation Plan specifically directs federal agencies to find ways to integrate people living with HIV/AIDS into broader employment initiatives. The purpose of this manuscript is to examine ...

A Comparison Of Sexual Health And Sexual Pressure Among Young African American And Caucasian Women, Ann Gakumo

Journal of Health Disparities Research and Practice

Introduction. Condom self-efficacy, positive attitudes toward condom use, condom negotiation skills, HIV knowledge, and self-esteem have been associated with decreased HIV risk behavior among young women, but few studies have examined racial disparities that may exist in these social health indicators. Moreover, sexual pressure (inclusive of both coercive and non-coercive pressures to engage in unwanted or unprotected sex) has been understudied in women of different racial groups.

Study Purpose. The purpose of this study was to compare racial similarities and disparities in indicators of sexual health and sexual pressure in an urban sample of young African American and Caucasian women ...

Project Thanks: A Socio-Ecological Framework For An Intervention Involving Hiv Positive African American Women With Comorbidities, Meena Mahadevan, Ndidiamaka Amutah, Lauren Juliette Ramos, Emily Rose Raines, Jerome King, Jodyann Mcintosh, Constance Leverett

Journal of Health Disparities Research and Practice

HIV-positive individuals are living longer today as a result of continuing advances in treatment but are also facing an increased risk for chronic diseases such as diabetes, and hypertension. These conditions result in a larger burden of hospitalization, outpatient, and emergency room visits. Impoverished African American women may represent an especially high-risk group due to disparities in health care, racial discrimination, and limited resources. This article describes an intervention that is based on the conceptual framework of the socio-ecological model. Project THANKS uses a community-based participatory, and empowerment building approach to target the unique personal, social, and environmental needs of ...

Sexual Decision Making In The Absence Of Choice: The African American Female Dating Experience., Michele Peake Andrasik, Hong V. Nguyen, William H. George, Kelly F. Kajumulo

Journal of Health Disparities Research and Practice

Although links between low mate availability and increased HIV and STI risk for African American women have been documented in the literature, we know little about the impact of limited mate choices on the quality of relationships between Black men and women and how these relationship dynamics impact risk for young Black women. We conducted a qualitative study with African American female young adults (N=12) to explore the perceived impact of structural forces on African American female young adults’ dating and sexual behavior. Participants reported (1) perceptions of Black men as untrustworthy and manipulative, (2) the limited and often ...

Educated And At-Risk: How The Shortage Of Available Partners Influences Disparities In Hiv Risk For College-Educated African-American Women, Valerie R. Newsome Ph.D., Collins O. Airhihenbuwa Ph.D., Shedra Amy Snipes Ph.D.

Journal of Health Disparities Research and Practice

A growing number of scholars speculate that limited heterosexual partner availability is a critical area of concern regarding HIV risk for African-American women, but this principle remains largely unexplored. This study’s aim is to explore the psychological and social factors, particularly the shortage of available partners, which may influence HIV risk behavior among college-educated African-American women, ages 25-34. This group is of particular interest as they are not often represented in studies on HIV prevention, while their dating and sexual negotiation patterns may differ from those of their lower-educated and lower-income counterparts. Focus group transcripts and questionnaire data were ...

Lessons Learned: Exploratory Study Of A Hiv/Aids Prevention Intervention For African American Women Who Have Experienced Intimate Partner Violence, Michele A. Rountree

Journal of Health Disparities Research and Practice

Given the prevalence and co-occurring nature of HIV and intimate partner violence among African American women there is a need for a risk reduction intervention. This study explored the results from an exploratory study of an HIV/AIDS prevention intervention for African-American women who have experienced intimate partner violence. The emphasis of this study is to identify lessons learned to guide future research.

Recruitment for the feasibility study was done in two waves over a period of three months. During the first wave, 22 participants were recruited for the intervention group, and in the second wave, 25 participants were in ...