Digital Commons Network^™

Correcting Misunderstandings Of Literal Infringement Scope Regarding After-Arising Technologies Protected By The Doctrine Of Equivalents, Joshua D. Sarnoff

Akron Law Review

Based on conflicting Federal Circuit case law, many academics have written, and many practitioners likely believe, that claim meanings or their applications may expand over time for purposes of literal infringement. But this common wisdom is wrong. Under existing Federal Circuit rules, the first precedent controls in the event of a conflict over doctrine, unless and until reversed en banc. The first precedent on the issue, the 2000 Schering Corp. v. Amgen, Inc. case, held that claim scope does not reach after-arising technologies for literal infringement and suggested that if it did, then such claims would lack written description support. …

Women's Quotas: Making The Case For Codifying Syrian Women's Political Participation, Jomana Qaddour

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Flexibly Fluid & Immutably Innate: Perception, Identity, And The Role Of Choice In Race, Emily Lamm

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Negotiation: Women’S Voices, Morial Shah

Pepperdine Dispute Resolution Law Journal

Gender shapes the way we communicate. Using legal theory, case studies and intercultural analysis, this paper explores the way women’s self-identity interacts with negotiation processes and outcomes. Part I examines social, psychological, cultural and political factors shaping women’s identity, voice and participation in negotiations. Part II explores the way women’s view of themselves impacts their participation in negotiations. Lastly, Part III studies the impact of formal training on gender-based differences in negotiations. Through investigating gender’s impact on negotiations, this paper finds that gender and context interact with negotiation process and outcomes. Through gaining more insight on gender’s context-specific impact, negotiators …

The Paradox Of Contracting In Markets, Robert E. Scott

Law and Contemporary Problems

No abstract provided.

A More Perfect Union: The Emoluments Clause, Grant C. Rasak

Pepperdine Law Review

America’s Framers crafted the Emoluments Clause to preserve institutional integrity, mitigate undue influences, and best serve the American People. The Emoluments Clause influenced the course of the Constitutional Convention, as the Pennsylvania Delegation championed resolute reforms. Benjamin Franklin, working alongside James Wilson, advocated for strengthening domestic and international practices by crafting the Emoluments Clause. The Framers proposed a system of self-government which sought to establish public trust, mitigate corrupt practices, and promote institutional integrity. The Pennsylvania Delegation summoned Wilson, under the tutelage of Franklin, to champion the Emoluments Clause. Wilson proposed a new notion of national unity by placing profound …

Liberal Democracy’S Hungarian Canary?, Gregory A. Mark

DePaul Law Review

No abstract provided.

Eliminate The Harassment Of Putting Shame On Someone For Something, Mr. Subhi Al-Bassam

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

Some old linguistics said that the verb Aiyara (Reproach) with the preposition Al-Ba a (of) is not a good language. But some of them said it is not a very good language, this article proves, through the investigation of classic Arabic prose and poetry, and through grammar, that the verb Aiyara (Reproach) with the preposition Alba a (of) is highly correct. And is better than to be without the preposition Alba a (of).

Acoustic Factors In Forming Arabic Structure, Dr. Mohammed Jawad Al Nouri

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This paper is a study of the sound factors, which control the mechanism of sound changes, affecting Arabic sounds, when they hold adjacent positions, in certain morphological structural formations. It becomes clear to us, through linguistic patterns and examples in this paper, which are more influential than other adjacent sounds, that those sounds are characterized by certain features which make them dominant in the process of structural formation, most important among them are features of sibilant, velarization, voicedness, plosion, nasalization, being rolled, length of place of articulation, and the vowel characteristics called, in Arabic, (madd and liin). Moreover, it becomes …

Vowels Between Theoretical Standards And Pronunciation Characteristics, Dr. Samir Stitiah

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This research aim at classifying the theoretical and practical principles of vowels. Some of these principles are related to the acoustic features. The acoustic features can be observed in sonority and friction. The contextual criteria are observed in the phonological usages and practical linguistic level. However, the practical criteria can be easily observed in the articulatory features such as narrowing and the obstruction of the air- system. Cardinal vowels represent the duality of vowels, they represent the theoretical and practical aspects of vowels. Cardinal vowels are divided into: primary, secondary, and additional vowels. All cardinal vowels are defined according to …

Grammatical Analysis By Eben Hisham Al-Ansari, Dr. Abdel Hamid Mustafa El Sayed

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

The writer made a presentation of syntactic analysis by IBN HISHAM AL – ANSARI in his book named (MUGHANI AL-LABEEB). He discussed his conception of (THE SENTENCE) agreeing with some of his conclusions and asking for reconsideration of others. He concluded his research by submitting some remarks that got the attention of the contemporaries during their consideration of the scope recent linguistics aspects. Afterwords the writer tried to exhibit the principles that IBN HISHAM followed in the field of syntactic analysis. He explained that IBN HISHAM took advantage of the principles of grammarians scattered through their judgments of linguistic structure. …

Fatca, The U.S. Congressional Black Caucus, And The Oecd Blacklist, Steven Dean

Faculty Scholarship

It may no longer be fashionable to refer to the United States as a melting pot, but it remains an incredibly heterogenous country. Both in terms of the race of those born there and the national origin of its immigrants, the United States has long enjoyed the benefits and burdens that come with diversity.¹ Its diversity can make even a seemingly simple story complicated, producing unexpected twists and surprise endings. This article tells a tale in which diversity helped change the face of international tax policy.

The United States has long wielded great power in international taxation. From the …

Open Access Publishing In The European Union: The Example Of Scientific Works, Nikos Koutras

Research outputs 2014 to 2021

Access to information resources and publicly-funded research outcomes have been considered in Europe during the last decade. Open access practice became part of the European institutions’ agenda since 2006 within the final report of the European Research Advisory Board. The Lisbon Treaty (2007) explicitly confirmed the European Union’s commitment to free circulation of scientific knowledge (Article 179 TFEU) and the dissemination of research results (Article 183 TFEU). In this regard, the Horizon 2020 program illustrates the importance of open access policy towards further dissemination of scientific information. The European Commission also introduced in July 2012 a scientific information package to …

Binding Effects Of The European General Data Protection Regulation (Gdpr) On U.S. Companies, Manuel Klar

UC Law Science and Technology Journal

No abstract provided.

What Role Can Regulations Play? A South African Public Law Perspective On The Potential Response Through Regulations To Constitutional Reservations About The Copyright Amendment Bill, B-13b Of 2017, Jonathan Klaaren

Joint PIJIP/TLS Research Paper Series

This working paper addresses several issues in South African law relevant to determining whether and to what extent regulations may address genuine problems in the Copyright Amendment Bill [CAB]. Regulations are of course not yet drafted for this Bill and the Bill remains a Bill and is not yet an Act. Indeed, as discussed further below, the Bill is currently under consideration in Parliament as part of a section 79 process. In addition to its focus on the CAB, this paper identifies a set of emerging South African public law issues associated with similarly situated legislation.

After a background section …

A Logistic Regression Analysis Of Life Satisfaction Amongst African Immigrants In Hamilton, Canada, Boadi Agyekum

Societies Without Borders

Many minority immigrants currently face severe human rights violation through discrimination and racism, influencing how they rate their life satisfaction in their host destinations. This paper examines the factors that affect African immigrants’ life satisfaction in a mid-sized Canadian city. Using a combination of descriptive and multivariate methods applied on a sample survey (n=236) conducted in Hamilton, Ontario, this article investigates socio-demographic and health-related factors that predict life satisfaction amongst African immigrants, specifically, Ghanaians and Somalis. Findings suggest that Ghanaian immigrants reported greater life satisfaction than their Somali counterparts. People with residency in Canada over 10 years are more likely …

Making The Case For School-And-Neighborhood Desegregation Approach To Deconstructing The School-To-Prison Pipeline, Deborah Fowler, Madison Sloan, Ellen Stone

University of Arkansas at Little Rock Law Review

No abstract provided.

Surveillance Technology Toward A Dystopian Future, Sandy Hernandez

University Honors Program Senior Projects

There is a continual debate between individuals who attempt to measure the individual’s right to privacy against the government’s right to know as an exchange to provide for the security of all citizens. Questions that demand an answer are whether the individual’s right to privacy outweighs the government’s duty to provide security; and if security is considered more important, can there even be a right to privacy. When questioning the right to privacy and state surveillance, there are three key goals. First, to investigate whether the human right to privacy should exist, considering the continued threat of terrorist attacks and …

Chevron As Construction, Lawrence B. Solum, Cass R. Sunstein

Cornell Law Review

In 1984, the Supreme Court declared that courts should uphold agency interpretations of ambiguous statutory provisions, so long as those interpretations are reasonable. The Chevron framework, as it is called, is now under serious pressure. Current debates can be both illuminated and softened with reference to an old distinction between interpretation on the one hand and construction on the other. In cases of interpretation, judges (or agencies) must ascertain the meaning of a statutory term. In cases of construction, judges (or agencies) must develop implementing principles or specify a statutory term. Chevron as construction is supported by powerful arguments; it …

Recruiting For The Future: A Realistic Road To A Points-Tested Visa Program In The United States, Stephen W. Yale-Loehr, Mackenzie Eason

Cornell Law Faculty Publications

For over 40 years, lawmakers and academics have been debating whether the United States should adopt a merit-or skills-based approach to labor immigration and a points-based program for selecting foreign workers. Despite having bipartisan support, efforts to adopt such a program thus far have been unsuccessful.

This idea is now back at the center of public debate, having been given new life by President Trump. He has called for “merit-based” immigration reforms that would make the United States more effective at attracting the world’s “best and brightest” and make it more competitive in the global marketplace for highly skilled foreign …

Commentary

The Journal of Law and Education

No abstract provided.

International Arbitration As Comparative Law In Action, Joshua Karton

Journal of Dispute Resolution

No abstract provided.

Law, Race, And The Epistemology Of Ignorance, George A. MartíNez

UC Law Journal of Race and Economic Justice

Philosophers and other theorists have developed the field of epistemology which is the study of human knowledge. Critical race theorists have begun to explore how epistemological theory and insights may illuminate the study of race, including the analysis of race and the law. Such use of epistemology is appropriate because theoretical work on knowledge can be used to advance one of the key goals of critical race theory which is to understand how a regime of white supremacy and its subordination of people of color have been created and maintained in America. In this regard, philosophers and other theorists have …

Chevron As Construction, Lawrence B. Solum, Cass R. Sunstein

Faculty Scholarship

In 1984, the Supreme Court declared that courts should uphold agency interpretations of ambiguous statutory provisions, so long as those interpretations are reasonable. The Chevron framework, as it is called, is now under serious pressure. Current debates can be both illuminated and softened with reference to an old distinction between interpretation on the one hand and construction on the other. In cases of interpretation, judges (or agencies) must ascertain the meaning of a statutory term. In cases of construction, judges (or agencies) must develop implementing principles or specify a statutory term. In cases that involve statutory construction, the argument on …

The Health And Legal Implications Of Early Screening For Developmental Disabilities, Jennifer Safstrom, Jacqueline Safstrom

Vanderbilt Law School Faculty Publications

Child development is a multifaceted process and there are certain milestones to reach that are imperative for healthy, timely growth and development.' Developmental monitoring, screening, and testing can aid in the identification, examination, and follow-up of a child's progress. However, there are a plethora of barriers which inhibit a child's ability to access and receive adequate, quality care. These broader factors, or social determinants of health, can lead to an underutilization of preventive health services, causing a delay in early identification and intervention for children. This can have serious, adverse repercussions, because targeting interventions among children from birth to five …

Chevron As Construction, Lawrence B. Solum, Cass R. Sunstein

Georgetown Law Faculty Publications and Other Works

In 1984, the Supreme Court declared that courts should uphold agency interpretations of ambiguous statutory provisions, so long as those interpretations are reasonable. The Chevron framework, as it is called, is now under serious pressure. Current debates can be both illuminated and softened with reference to an old distinction between interpretation on the one hand and construction on the other. In cases of interpretation, judges (or agencies) must ascertain the meaning of a statutory term. In cases of construction, judges (or agencies) must develop implementing principles or specify a statutory term. Chevron as construction is supported by powerful arguments; it …

Latent Securitisation Of Illegal, Unreported And Unregulated (Iuu) Fishing In Indonesia, Rage Taufika

Global: Jurnal Politik Internasional

This paper aims to explore and explain to what extent and in what ways the Indonesian Government has securitised the Illegal, Unreported and Unregulated (IUU) fishing in Indonesia since 2009, by utilising critical discourse analysis. Using the Securitisation theory from the Copenhagen School, this paper explains the analysis of the speech act and extraordinary measures from SBY’s administration, Jokowi’s first term and second term administration. While IUU fishing has been a severe global issue, 30 percent of the cases take place in Indonesia and it becomes a serious threat for the economy and maritime resources. In 2009, Indonesia amended the …

Democratic Legitimacy Under Conditions Of Severely Depressed Voter Turnout, James A. Gardner

Journal Articles

Due to the present pandemic, it seems increasingly likely that the 2020 general election in November will be held under conditions of unprecedented downward pressure on voter turnout. The possibility of severely depressed turnout for a highly consequentialpresidential election raises troubling questions of democratic legitimacy. Although voter turnout in the United States has historically been poor, low turnout is not usually thought to threaten the legitimacy of electoral processes when it results from voluntary abstention and is distributed unsystematically. Conversely, electoral legitimacy is often considered at risk when nonvoting is involuntary, especially when obstacles to voting fall systematically on specific …

Against Progress: Interventions About Equality In Supreme Court Cases About Copyright Law, Jessica Silbey

Chicago-Kent Journal of Intellectual Property

Despite expanding scope and the rise of “more” intellectual property, Against Progress demonstrates that turn-of-the century intellectual property practice challenges the “progress as more” paradigm. Through various methodological interventions – close reading of cases, doctrinal analysis, and various qualitative empirical methods – Against Progress demonstrates how contemporary accounts of intellectual property are not primarily anchored by claims of “more” or in economic growth terms. Instead, creative and innovative practices (and disputes concerning them) revolve around adjacent values and principles central to our constitutional system such as equality, privacy, and community or general welfare.

Faculty List

Tulsa Law Review

No abstract provided.