Digital Commons Network^™

Summerbridge Case For Support, Summerbridge San Diego

Fundraising and Marketing

Summerbridge seeks to close the summer learning loss gap between low and high income students and encourage talented college students to consider a career in teaching.

This is their case for support.

The Relationship Between Foundations And Principles In Ip Law, Robert P. Merges

San Diego Law Review

In my book Justifying Intellectual Property (JIP), I wrote about what I call the “foundations” of the field of intellectual property (IP) law. I tried to distinguish between a foundational level of discourse and another level, the level of basic principles. In the San Diego conference at which my book was discussed—and in several other settings as well—the most frequent and persistent line of questioning about my book centered on the relationship between these two levels. That is what this brief Article is about.

Managing The Intellectual Property Sprawl, Shubha Ghosh

San Diego Law Review

Professor Merges, despite the centrality of creative persons to his argument, organizes a set of ideas that are conducive to refocusing intellectual property law on users. I present this user-focused argument in this Article through the following five Parts. Part II explains my suggested approach to questions about the design of intellectual property law—an approach based on the new institutional economics and the work of Ronald Coase. Part II also addresses objections to this approach. Part III identifies the user in Professor Merges’s high-level principles grounded in Locke, Kant, and Rawls. Part IV follows this argument with a closer examination …

Traditional Knowledge, Cultural Expression, And The Siren’S Call Of Property, Justin Hughes

San Diego Law Review

Discussions on international legal norms for the protection of TK/TCE have, in their contemporary form, been ongoing since the late 1990s. In that time, our understanding of key issues for a workable system—subject matter, beneficiaries, rights, or protections—have advanced little, if at all. Indeed, as Michael Brown has observed, “vexing questions of origins and boundaries . . . are commonly swept under the rug in public discussions.” Yet even if all those questions were settled, we also need a clear justification or justifications for a new form of intellectual property on the world stage.

Access And The Public Domain, Randal C. Picker

San Diego Law Review

[T]his Article sketches out the emerging public domain. Part III considers three conceptual questions for structuring use of the public domain, focusing on the extent to which the public domain should be viral; on whether we should insist that the public domain be accessed only through the original artifacts embodying it; and on whether private appropriability incentives for distribution of public domain scans match overall social interests. Part IV turns to the tools for restricting use of the public domain, to copyright, contract, the DMCA, and the CFAA. Each of these matters for access to the public domain and for …

Patents As Promoters Of Competition: The Guild Origins Of Patent Law In The Venetian Republic, Ted Sichelman, Sean O'Connor

San Diego Law Review

[T]his Article describes the artisan and merchant guild systems of the Venetian Republic. Part III explores the emergence of the patent system as a means for foreigners and Venetian citizens to compete with the guilds, as well as the eventual addition of negative exclusive rights to the basic license form of positive patent privileges. In so doing, contrary to the speculation of some scholars, we reject with near certainty the contention that the first patent law statute granting exclusionary rights for—in modern parlance—technological inventions was a silk-specific directive enacted by the Venetian Grand Council in the late fourteenth or early …

Vista: November 15, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: November 8, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

The 2012 U.S.-Mexico Agreement On Transboundary Hydrocarbon Reservoirs In The Gulf Of Mexico: A Blueprint For Progress Or A Recipe For Conflict?, Jorge A. Vargas

San Diego International Law Journal

This Article is divided into four parts. Parts I and II describe each of the four previous U.S.-Mexico maritime delimitation treaties of 1970, 1976, 1978, and 2000. These treaties represent different degrees of progress in the process of completing the maritime boundaries that geographical contiguity imposes upon these contiguous countries. This was a slow and careful process that spanned almost half a century. Part III analyzes the 2012 U.S.-Mexico Agreement on Transboundary Hydrocarbon Reservoirs in the Gulf of Mexico from an international law perspective, with special reference to the interests of the United States and Mexico. Finally, Part IV advances …

"There's No Place Like Home" Doma Deportation: The Forced Expatriation Of Bi-National Same-Sex Couples From The United States To Canada, Anh "Annie" Nguyen

San Diego International Law Journal

This comment will focus on bi-national same-sex couples who are forced to expatriate from the united states to canada because of DOMA’s detrimental effects on their relationship. more specifically, part I focuses on DOMA’s constitutionality, effects on bi-national same-sex couples, and current legal challenges. Part II provides a historical analysis of the united states’ attitude towards same-sex unions before describing current legislation regarding same-sex couples. Part III describes canada’s recognition of same-sex marriage and support of immigration equality, comparing and contrasting the canadian approach with the united states’ approach. Part IV explains the current legal and financial issues that bi-national …

Vista: November 1, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Health Literacy, Cognitive Impairment, And Medication Adherence In Veterans With Heart Failure, Lee Ann Hawkins Phd

Dissertations

Background: Heart failure (HF) affects 5.8 million people in the United States, costly in terms of patient mortality and morbidity as well as healthcare dollars. One important manifestation of poor HF outcomes is the excessive admission-readmission cycle. Non-adherence to medication is responsible for the majority of HF readmissions. Identification and intervention for key factors contributing to poor medication adherence is critical to improving outcomes. Two such factors prevalent in persons with HF are cognitive impairment (CI) and poor health literacy (HL). There is a paucity of tested interventions designed to improve medication adherence by addressing underlying CI or HL. A …

Cyberterrorism In The Context Of Contemporary International Law, Yaroslav Shiryaev

San Diego International Law Journal

The present Article addressed the legal issues surrounding cyberterrorism. In the first chapter, the author explains why cyberterrorism should be described as “the use of electronic networks taking the form of a cyber-attack to commit a) a substantive act criminalized by the existing legal instruments prohibiting terrorism, or b) an act of terrorism under international customary law.” Further, with a special emphasis on existing anti-terrorism conventions and customary international law, it was demonstrated which actors are likely to engage in acts of cyberterrorism (non-state actors, corporations and individuals), as well as which targets are protected by law and which aims …

Vista: October 25, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: October 18, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: October 11, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: October 4, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Motions 2012 Volume 49 Number 3, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Walking Together For Freedom, Asma Jahangir

Joan B. Kroc Distinguished Lecture Series

Table of Contents:

Joan B. Kroc School of Peace Studies, University of San Diego Kroc Institute for Peace and Justice – p. 3
Joan B. Kroc Distinguished Lecture Series – p. 4
Biography of Asma Jahangir – p. 7
Interview with Dee Aker, PhD, and Bahar Davary, PhD – p. 8
Meeting with Students – p. 17
Welcome to Lecture – Neela Tschirgi, PhD – p. 28
Introduction of Speaker – Edward C. Luck, PhD – p. 29
Lecture – Walking Together for Freedom – p. 31
Questions and Answers – p. 42
Related Resources – p. 47

Vista: September 27, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: September 20, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: September 13, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Usd Magazine Fall 2012, University Of San Diego

University of San Diego Magazine (1992- )

Point of View; Contents; Around the Park; Torero Athletics; Welcome Back; Show me the Bunny; Two Plus Two; Alumni Update; Torero Notes; Changemaker

Vista: August 31, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Obstructive Sleep Apnea And The Effects Of Co-Existing Factors On Pacu Stay Time, Shari F. Jones Phd, Crna

Dissertations

Significance/Background: Obstructive Sleep Apnea (OSA) is the most common disturbance during sleep affecting 30% of the population. The occurrence of moderate/severe OSA is 11.4% in men and 4.7% in women. OSA is caused by repetitive partial or complete obstruction of the upper airway with apnea episodes. OSA is prevalent in western society, yet is frequently undiagnosed due to lack of knowledge of the disorder. This population presents a challenge during the peri-operative period due to increased risk for several complications. Of particular interest to Nurse Anesthetists, are respiratory complications that result in delayed emergence from anesthesia, delayed post-operative recovery, increased …

Patronage Employment: Limiting Litigation, Susan Lorde Martin

San Diego Law Review

First, this Article describes the development of the patronage and civil service systems with a reflection on how they work in tandem. Then, the trio of cases, Elrod v. Burns, Branti v. Finkel, and Rutan v. Republican Party of Illinois, is reviewed. How the federal circuit courts have responded to these three cases is examined both in their immediate aftermath and in decisions in more recent cases. Finally, the Article discusses some specific examples of how the current law creating First Amendment rights against negative employment decisions for patronage appointees is not working and how it should be changed.

Adolescent Identity Versus The First Amendment: Sexuality And Speech Rights In The Public Schools, Steven J. Macias

San Diego Law Review

This Article examines the legal tensions that currently exist between public schools' attempts to protect gay students from bullying and harassment and antigay students' First Amendment rights to engage in allegedly harassing speech. First, it looks at the popular conception of the relationship between childhood or adolescence and sexuality by considering the political and legal fallout of the same-sex marriage debate. Then this Article turns to a conception of public schooling that would allow for the constitutionally permissible regulation of antigay-identity speech. Next, through the use of critical theory, this Article explains why First Amendment defenses to gay harassment have …

Case Study Of Parents Caring For A Child Having Type-1 Diabetes With Optimal Hga1c, Elizabeth Ciaccio Phd

Dissertations

Type 1 diabetes in school age children is a complex condition requiring continuous physical, nutritional, and therapeutic monitoring to prevent lifelong complications and maintain quality of life. In 2011, one in 400 children in the United States were affected by it. The purpose of this research study was to understand how parents achieve optimal HgA1c for their school age children with type-1 diabetes. Currently, there is very little research documenting how parents achieve this goal. Understanding this phenomenon more clearly can be used to inform future research, improve practice and provide information for development of effective health policy. Management of …

Usd Magazine Summer 2012, University Of San Diego

University of San Diego Magazine (1992- )

Point of View; Contents; Around the Park; Torero Athletics; Giving Back; Creativity 101; Geek Becomes Her; Compassion without Borders; Alumni Update; Class Notes; Changemaker

Sexual Liberty And Same-Sex Marriage: An Argument From Bisexuality, Michael Boucai

San Diego Law Review

This article proposes that same-sex marriage bans channel individuals, particularly bisexuals, into heterosexual relationship and relationships, impermissibly burdening sexual liberty interests protected under Lawrence v. Texas. A claim from sexual liberty departs dramatically from the legal paradigms and advocacy strategies that currently dictate the terms of constitutional debate on this issue. This article proceeds in four parts. Part II develops the legal argument that same-sex marriage bans are unconstitutional under Lawrence because they substantially burden the right to choose homosexual relations and relationships. Part III posits bisexuality, understood as dual-sex desire, as an illuminating perspective on the coerced heterosexuality of …