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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...


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.


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


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 ...


Terminating The Hospital-Physician Employment Relationship: Navigating Conflicts Arising From The Physician’S Dual Roles As Employee And Medical Staff Member, Gayland Hethcoat Jul 2015

Terminating The Hospital-Physician Employment Relationship: Navigating Conflicts Arising From The Physician’S Dual Roles As Employee And Medical Staff Member, Gayland Hethcoat

University of Miami Business Law Review

In an effort to meet the challenges of the post-health reform marketplace, hospitals have accelerated the practice of employing physicians. Despite this trend, many hospitals require their employed physicians to also maintain membership and privileges on the medical staff—the self-governing entity comprised of fellow physicians that oversees the practice of medicine within the hospital setting. Recent case law identifies at least two salient issues that will likely arise from physicians’ dual roles as hospital employee and medical staff member and be a point of negotiation and litigation: (1) the applicability of “due process” rights, which are typically afforded in ...


Wollschlaeger, A Patient’S Right To Privacy, And A Renewed Focus On Mental Health Treatment, Chad A. Pasternack Jul 2015

Wollschlaeger, A Patient’S Right To Privacy, And A Renewed Focus On Mental Health Treatment, Chad A. Pasternack

University of Miami Business Law Review

In response to doctors pushing gun control agendas on patients, Florida enacted the Firearm Owners Privacy Act. The law, upheld by the Eleventh Circuit in Wollschlaeger v. Governor of Florida, protects patients from intrusive lines of inquiry unrelated to their treatment and from discrimination due to firearm ownership. While patients in Florida benefit greatly from the Firearm Owners Privacy Act, this note argues for more specific language in the law, which would parallel language in the Florida Mental Health Act (“Baker Act”). The proposed changes would limit inquiries into firearm ownership to instances where there is a substantial likelihood of ...


Legal, Operational, And Practical Considerations For Hospitals And Health Care Providers In Responding To Communicable Diseases Following The 2014 Ebola Outbreak, Jane Jordan, Greg Measer, Asha Agrawal, James G. Hodge Jr. Jul 2015

Legal, Operational, And Practical Considerations For Hospitals And Health Care Providers In Responding To Communicable Diseases Following The 2014 Ebola Outbreak, Jane Jordan, Greg Measer, Asha Agrawal, James G. Hodge Jr.

University of Miami Business Law Review

This article analyzes some of the potential issues that may arise during epidemics or other public health emergencies. It specifically focuses on legal and operational preparedness experiences at Emory University during the 2014 Ebola crisis. Emory University Hospital was the first health care facility in the U.S. to treat patients diagnosed with Ebola Viral Disease (EVD). Although EVD has particularly frightening symptoms and a high mortality rate, its containment and treatment implicate similar legal, practical, and operational issues as other highly infectious and communicable diseases. These issues include laws related to: isolation and quarantine; travel restrictions; duties to treat ...


Prefatory Matter And Table Of Contents Jul 2015

Prefatory Matter And Table Of Contents

University of Miami Business Law Review

No abstract provided.


Masthead Jul 2015

Masthead

University of Miami Business Law Review

No abstract provided.


Pharmaceuticals And Biopiracy: How The Aia May Inadvertently Reduce The Misappropriation Of Traditional Medicine, Ryan D. Levy, Spencer Green Jul 2015

Pharmaceuticals And Biopiracy: How The Aia May Inadvertently Reduce The Misappropriation Of Traditional Medicine, Ryan D. Levy, Spencer Green

University of Miami Business Law Review

For decades, Eastern traditional medicine has been misappropriated by others who claim it as their own and attempt to obtain patent protection for it. As long this practice has existed, the international community has pushed back against it. Several countries and international bodies have created databases of traditional knowledge, hoping to preclude the issuance of patents on that knowledge. Other countries, like Thailand, have extended intellectual property protection to the traditional knowledge stakeholders themselves. However, a recent change to US patent law may have the unintended consequence of helping resolve the issue of biopiracy


Ebola, Quarantine, And Flawed Cdc Policy, Robert Gatter Jul 2015

Ebola, Quarantine, And Flawed Cdc Policy, Robert Gatter

University of Miami Business Law Review

The CDC’s Interim Guidance for Monitoring and Movements of Persons with Potential Ebola Virus Exposure is deeply flawed because it disregards the science of Ebola transmission. It recommends that officials quarantine individuals exposed to the virus but who do not have any symptoms of illness, ignoring the fact that only those with Ebola symptoms can communicate the virus to others. Consequently, any quarantine order based on the Guidelines is surely unconstitutional and illegal under most states’ public health statutes—as exemplified by the State of Maine’s failed petition to quarantine Nurse Kaci Hickox in October 2014. This article ...


Note From The Editor, Philip A. Tarpley Jun 2015

Note From The Editor, Philip A. Tarpley

Alaska Law Review

No abstract provided.


Guilty But Mentally Ill: The Ethical Dilemma Of Mental Illness As A Tool Of The Prosecution, Lauren G. Johansen Jun 2015

Guilty But Mentally Ill: The Ethical Dilemma Of Mental Illness As A Tool Of The Prosecution, Lauren G. Johansen

Alaska Law Review

While other jurisdictions use guilty but mentally ill as a compromise verdict to fill the gap between guilty by reason of insanity and a guilty verdict after an unsuccessful insanity defense, Alaska has transformed the status into a prosecutorial tool to keep mentally ill defendants incarcerated for longer than their mentally sane counterparts through denial of “good time” credit. Although Blakely was used—correctly—to prevent the denial of the mentally ill their Sixth Amendment right to a trial by jury and proof beyond a reasonable doubt in December 2013’s State v. Clifton, the court of appeals eliminated any ...


Whatever Happened To The Seveloff Fix?, Andy Harrington Jun 2015

Whatever Happened To The Seveloff Fix?, Andy Harrington

Alaska Law Review

This Article suggests that the Supreme Court has not deprived Alaska Native Villages of a valid basis for claiming the authority to create and enforce their own tribal alcohol regulations. Every federally recognized Alaskan Native Village is situated in an area over which Congress extended the federal Indian liquor laws in 1873, in an enactment Congress has never repealed; this should logically empower Alaska Native Villages to exercise the same federally-delegated authority within their federal Indian liquor law Indian country as lower-48 tribes have within their reservations or “dependent Indian communities.” Since this delegated authority is shared with the states ...


Advancing Tribal Court Criminal Jurisdiction In Alaska, Ryan Fortson Jun 2015

Advancing Tribal Court Criminal Jurisdiction In Alaska, Ryan Fortson

Alaska Law Review

Extensive case law already exists in Alaska on the jurisdiction of tribal courts over domestic relations cases, with one of the seminal cases—John v. Baker—establishing that Alaska tribes have jurisdiction even in the absence of Indian country. A common assumption, though, is that Alaska tribes do not have jurisdiction over criminal offenses. This Article argues that both under the logic of John v. Baker and the development of Indian law in the Lower 48, Alaska tribes already possess inherent jurisdiction over criminal offenses within their Native villages. With the gamut of social challenges facing Alaska Natives in rural ...


Admissibility Of Battered-Spouse-Syndrome Evidence In Alaska, Morgan Abbott Jun 2015

Admissibility Of Battered-Spouse-Syndrome Evidence In Alaska, Morgan Abbott

Alaska Law Review

Despite the exceptionally high rates of domestic violence in Alaska, Alaskan jurisprudence affords battered women varied and sparse guidance for the use of their experience as a battered woman in criminal trials. Of the minimal guidance offered, none arises in the form of a binding Alaska Supreme Court opinion, rule of evidence, or governing statute. As one of the few states lacking established jurisprudence on evidence of battered spouse syndrome, Alaska would benefit from a clearer rule regarding the admissibility of battered-spouse-syndrome evidence. This rule would interpret “reasonableness” to include a “reasonable battered woman” standard when the relevant party was ...


Summary Judgment In Alaska, Grady R. Campion Jun 2015

Summary Judgment In Alaska, Grady R. Campion

Alaska Law Review

In modern civil litigation, disputes rarely proceed to trial. Summary judgment has evolved in state and federal courts across the country as a common mechanism for dispute resolution without trial. Alaska courts have largely refused to follow this trend. Instead, obtaining summary judgment in Alaska represents a nearly impossible challenge. Alaska’s heightened summary judgment standard reflects a past era—one in which advocacy occurred in a courtroom before a jury and not in chambers on paper. This Note analyzes the evolution of summary judgment in federal courts and in Alaska and discusses three procedural mechanisms affecting summary judgment in ...


The Doctrine In The Shadows: Reverse-Erie, Its Cases, Its Theories, And Its Future With Plausibility Pleading In Alaska, Philip A. Tarpley Jun 2015

The Doctrine In The Shadows: Reverse-Erie, Its Cases, Its Theories, And Its Future With Plausibility Pleading In Alaska, Philip A. Tarpley

Alaska Law Review

In 2007 and 2009, respectively, the United States Supreme Court decided Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, abrogated Conley v. Gibson’s notice pleading standard, and imposed a new plausibility pleading standard upon the federal court system. Alaska, along with a majority of states however, still retains Conley’s “no set of facts” notice pleading standard. This Note asks, in light of the difference between the federal and Alaska pleading standards, whether Alaska—or any state—could be forced to apply the federal pleading standard when it adjudicates federal substantive claims. Prior to Iqbal, a plaintiff in ...


Journal Staff Jun 2015

Journal Staff

Alaska Law Review

No abstract provided.


Foreword, Gordon A. Jensen May 2015

Foreword, Gordon A. Jensen

Consensus

No abstract provided.


Identity Lost And Found, Adrienne Jones May 2015

Identity Lost And Found, Adrienne Jones

Consensus

No abstract provided.


Martin Ruccius And The Synod Of Manitoba And Northwest Territories, Michael Diegel May 2015

Martin Ruccius And The Synod Of Manitoba And Northwest Territories, Michael Diegel

Consensus

No abstract provided.