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Articles 3361 - 3390 of 5151
Full-Text Articles in Entire DC Network
The Frontier Of Eminent Domain, Alexandra Klass
The Frontier Of Eminent Domain, Alexandra Klass
Articles
The Supreme Court's 2005 decision in Kelo v. City of New London brought the issues of takings and public use into the national spotlight. A groundswell of opposition to government-initiated 'economic development takings' the Court deemed a public use under the Fifth Amendment led to eminent domain reform legislation in over 30 states. Many people are surprised to learn, however, that another type of economic development taking is alive and well in many western states that are rich in natural resources. In those states, oil, gas, and mining companies have the power of eminent domain under state constitutions or state …
Rethinking Trademark Fair Use, William Mcgeveran
Rethinking Trademark Fair Use, William Mcgeveran
Articles
The ever-expanding scope and strength of trademark rights has caused justifiable fears of a threat to free expression. Until now, however, concerned scholars generally focused on perfecting the substance of legal rules that balance free speech against other goals. This effort is misplaced because most cases raising these issues in recent years ended in judicial decisions that favored speech. The real danger arises from the procedural structure of trademark law's various fair use doctrines, which generate excessive ambiguity and prolong litigation before ever reaching such positive outcomes. Resulting administrative costs discourage speakers from using trademarks expressively in the first place, …
Fair Use And Copyright Overenforcement, Thomas F. Cotter
Fair Use And Copyright Overenforcement, Thomas F. Cotter
Articles
Economic analysis has long suggested that there are two distinct categories of cases in which the fair use defense, which permits the unauthorized reproduction and other use of copyrighted materials, should apply: first, when the transaction cost of negotiating with the copyright owner for permission to use exceeds the private value of the use to the would-be user; and second, when the individual use is thought to generate some positive externality, such that the net social value of the use exceeds the value to the copyright owner of preventing the use, which in turn may exceed the value of the …
Accelerating Time To Scientific Discovery With A Grid-Enhanced Microsoft Project, Gregor Von Laszewski, Leor Dilmanian
Accelerating Time To Scientific Discovery With A Grid-Enhanced Microsoft Project, Gregor Von Laszewski, Leor Dilmanian
Articles
The composition, execution, and monitoring of challenging scientific applications is often a complex affair. To cope with the issue of workflow management, several tools and frameworks have been designed and put into use. However, the entry barrier to using these tools productively is high, and may hinder the progress of many scientists, or nonexperts, that develop workflows infrequently. As part of our Cyberaide framework we enable workflow definition, execution and monitoring through the Microsoft Project software package. The motivation for this choice is that many scientists are already familiar with Microsoft Project, a project management software package that is perceived …
A Cumulus Project: Design And Implementation, Lizhe Wang, Gregor Von Laszewski, Marcel Kunze
A Cumulus Project: Design And Implementation, Lizhe Wang, Gregor Von Laszewski, Marcel Kunze
Articles
The Cloud computing becomes an innovative computing paradigm, which aims to provide reliable, customized and QoS guaranteed computing infrastructures for users. This paper presents our early experience of Cloud computing based on the Cumulus project for compute centers. In this paper, we introduce the Cumulus project with its various aspects, such as design pattern, infrastructure, and middleware.
Bad Timing?, Andrew Davidhazy
Bad Timing?, Andrew Davidhazy
Articles
Another "vintage" article (in Word document format) from 1969 describing several applications of photography in the Distillation Research Laboratory at Rochester Institute of Technology. Added here in June 2007.
Improvised Lens Filter Thread Ding Repair Tool And Procedure, Andrew Davidhazy
Improvised Lens Filter Thread Ding Repair Tool And Procedure, Andrew Davidhazy
Articles
Most photographers have at one time of another run into a situation where the filter thread ring on the front of the lens has been bent in some accident and now there is a need to attach a certain filter or accessory to the lens's filter threads. Here is a guide to one solution. Added here in April 2008.
Improved High-Temperature Stability And Sun-Light-Driven Photocatalytic Activity Of Sulfur-Doped Anatase Tio2, Suresh Pillai, Declan Mccormack, Pradeepan Periyat, John Colreavy, Steve Hinder
Improved High-Temperature Stability And Sun-Light-Driven Photocatalytic Activity Of Sulfur-Doped Anatase Tio2, Suresh Pillai, Declan Mccormack, Pradeepan Periyat, John Colreavy, Steve Hinder
Articles
No abstract provided.
Globalization, Internationalization, And Rankings, Ellen Hazelkorn
Globalization, Internationalization, And Rankings, Ellen Hazelkorn
Articles
Topics: Financing and Funding, Globalization and Internationalization, International and Foreign Students, Marketization and Commercialization and Academic Quality, Assessment and Accreditation.
Learning To Live With League Tables And Ranking: The Experience Of Institutional Leaders, Ellen Hazelkorn
Learning To Live With League Tables And Ranking: The Experience Of Institutional Leaders, Ellen Hazelkorn
Articles
This paper draws on the results of an international survey of HE leaders and senior managers which was supported by the OECD Programme on Institutional Management of Higher Education (IMHE) and the International Association of Universities (IAU). It focuses on how HEIs are responding to league tables and rankings (LTRS), and what impact or influence – positive or perverse – they are having on institutional behaviour, decision-making and actions. The growing body of academic research and journalist reportage is referenced to contextualise this international experience. The paper shows that while HE leaders are concerned about the impact of rankings, they …
Supply Chain Management Diffusion Among Firms In The Republic Of Ireland, Edward Sweeney, Claudia-Maria Wagner, Bernd Huber
Supply Chain Management Diffusion Among Firms In The Republic Of Ireland, Edward Sweeney, Claudia-Maria Wagner, Bernd Huber
Articles
The changing business environment has sharpened the focus on the need for robust approaches to supply chain management (SCM) and the improvement of supply chain capability and performance. This is particularly the case in Ireland, which has the natural disadvantage of a location peripheral to significant markets and sources of raw materials which results in relatively high transport and distribution costs. Therefore, in order to gain insights into current levels of diffusion of SCM, a survey was conducted among 776 firms in the Republic of Ireland. The empirical results suggest that there is a need for more widespread adoption of …
Luminescent Solar Concentrators: A Review Of Recent Results, Wilfrid G.J.H.M. Van Sark, Keith W.J. Barnham, Lenneke H. Slooff, Amanda J. Chatten, Andreas Buchtemann, Andreas Meyer, Sarah Mccormack, Rolf Koole, Daniel J. Farrell, Rahul Bose, Evert E. Bende, Antonius R. Burgers, Tristram Budel, Jana Quilitz, Manus Kennedy, Toby Meyer, C. De Mello Donega, Andries Meijerink
Luminescent Solar Concentrators: A Review Of Recent Results, Wilfrid G.J.H.M. Van Sark, Keith W.J. Barnham, Lenneke H. Slooff, Amanda J. Chatten, Andreas Buchtemann, Andreas Meyer, Sarah Mccormack, Rolf Koole, Daniel J. Farrell, Rahul Bose, Evert E. Bende, Antonius R. Burgers, Tristram Budel, Jana Quilitz, Manus Kennedy, Toby Meyer, C. De Mello Donega, Andries Meijerink
Articles
Luminescent solar concentrators (LSCs) generally consist of transparent polymer sheets doped with luminescent species. Incident sunlight is absorbed by the luminescent species and emitted with high quantum efficiency, such that emitted light is trapped in the sheet and travels to the edges where it can be collected by solar cells. LSCs offer potentially lower cost per Wp. This paper reviews results mainly obtained within the framework of the Fullspectrum project. Two modeling approaches are presented, i.e., a thermodynamic and a ray-trace one, as well as experimental results, with a focus on LSC stability.
Enabling Location-Based Services In Data Centers, Krishna Kant, Neha Udar, R. Viswanathan
Enabling Location-Based Services In Data Centers, Krishna Kant, Neha Udar, R. Viswanathan
Articles
In this article, we explore services and capabilities that can be enabled by the localization of various assets in a data center or IT environment. We also describe the underlying location estimation method and the protocol to enable localization. Finally, we present a management framework for these services and present a few case studies to assess benefits of location-based services in data centers.
Comment On Yin, Reforming The Taxation Of Foreign Direct Investment By Us Taxpayers, Reuven S. Avi-Yonah
Comment On Yin, Reforming The Taxation Of Foreign Direct Investment By Us Taxpayers, Reuven S. Avi-Yonah
Articles
In this excellent article, George Yin addresses an important proposal by the President's Advisory Panel on Federal Tax Reform. The Advisory Panel proposed that the United States should permanently switch from taxing the parent corporation of U.S. multinationals on worldwide income to a modified territorial regime under which dividends paid out of active business income would be exempt from U.S. tax.' The Joint Committee on Taxation made a similar recommendation.2
Latinos And The Law Symposium Symposium: Latinos And Latinas At The Epicenter Of Contemporary Legal Discourses: Forword, Richard Delgado, Jean Stefancic
Latinos And The Law Symposium Symposium: Latinos And Latinas At The Epicenter Of Contemporary Legal Discourses: Forword, Richard Delgado, Jean Stefancic
Articles
No abstract provided.
Billowing White Goo, Jessica D. Litman
Billowing White Goo, Jessica D. Litman
Articles
The title of this symposium is the question: "Fair Use: "Incredibly Shrinking" or Extraordinarily Expanding?" I'd argue that the answer to the question is "no." Fair use isn't doing either. The size of the fair use footprint has stayed remarkably constant over the past 30 or even 50 years. What has expanded, extraordinarily, is the size of rights granted by the copyright law. It may seem as if fair use is either expanding or shrinking, because the greater reach of copyright has made a bunch of uses potentially fair that weren't even potentially infringing 50 years ago. In order to …
Strange Bedfellows, David M. Uhlmann
Strange Bedfellows, David M. Uhlmann
Articles
Environmental protection has not been a priority for the Bush administration, but, contrary to popular perception, criminal prosecution of companies and officials accused of breaking environmental laws has flourished.
Pharma's Nonobvious Problem, Rebecca S. Eisenberg
Pharma's Nonobvious Problem, Rebecca S. Eisenberg
Articles
This Article considers the effect of the recent decision of the U.S. Supreme Court in KSR International Co. v. Teleflex, Inc. on the nonobviousness standard for patentability as applied to pharmaceutical patents. By calling for an expansive and flexible analysis and disapproving of the use of rigid formulas in evaluating an invention for obviousness, KSR may appear to make it easier for generic competitors to challenge the validity of drug patents. But an examination of the Federal Circuit's nonobviousness jurisprudence in the context of such challenges reveals that the Federal Circuit has been employing all along the sort of flexible …
Noncompliance, Nonenforcement, Nonproblem? Rethinking The Anticommons In Biomedical Research, Rebecca S. Eisenberg
Noncompliance, Nonenforcement, Nonproblem? Rethinking The Anticommons In Biomedical Research, Rebecca S. Eisenberg
Articles
A decade ago the biomedical research community was sounding alarm bells about the impact of intellectual property (IP) rights on the ability of scientists to do their work. Controversies and delays in negotiating terms of access to patented mice and genes, databases of scientific information, and tangible research materials all pointed toward the same conclusion: that IP claims were undermining traditional sharing norms to the detriment of science. Michael Heller and I highlighted one dimension of this concern: that too many IP rights in "upstream" research results could paradoxically restrict "downstream" research and product development by making it too costly …
Thinking About Civil Discovery In Alabama: Using The Federal Rules Of Civil Procedure As A Thinking Tool Essay: Alabama Legal Issues Series, Carol Rice Andrews
Thinking About Civil Discovery In Alabama: Using The Federal Rules Of Civil Procedure As A Thinking Tool Essay: Alabama Legal Issues Series, Carol Rice Andrews
Articles
No abstract provided.
When American Small Business Hot The Jackpot: Taxes, Politics And The History Of Organizational Choice In The 1950'S, Mirit Eyal-Cohen
When American Small Business Hot The Jackpot: Taxes, Politics And The History Of Organizational Choice In The 1950'S, Mirit Eyal-Cohen
Articles
No abstract provided.
Empirical Research For Public Policy: With Examples From Family Law, Richard O. Lempert
Empirical Research For Public Policy: With Examples From Family Law, Richard O. Lempert
Articles
Perhaps more than in any other field, legal scholarship has aimed directly at influencing public policy. Hence, it is not surprising that empirical scholarship on law related issues often seems to have an agenda that extends beyond the common social science goals of adding to our knowledge base and understanding of human behavior to suggesting to policy makers and practitioners legal and administrative changes that will ameliorate problems they confront and, by the researcher’s lights, make this a better world in which to live.
Do Different Iindustries Report Corporate Social Responsibility Differently?: An Investigation Through The Lens Of Stakeholder Theory, Lorraine Sweeney, Joseph Coughlan
Do Different Iindustries Report Corporate Social Responsibility Differently?: An Investigation Through The Lens Of Stakeholder Theory, Lorraine Sweeney, Joseph Coughlan
Articles
The social responsibility of business has become a major issue in recent years and the reporting of such activity is becoming more prevalent. Companies are attuning to the benefits of being seen as socially responsibly and many industries are jumping on the bandwagon of reporting CSR and using different media to communicate their activities in this arena to their stakeholders. This paper considers the content of one type of such communications, the annual report, and looks at how organisations are taking a focused stakeholder view of CSR rather than a wider view as would be expected from the ambiguity of …
The Domestic Incorporation Of Human Rights Law And The United Nations Convention On The Rights Of Persons With Disabilities, Janet E. Lord, Michael Ashley Stein
The Domestic Incorporation Of Human Rights Law And The United Nations Convention On The Rights Of Persons With Disabilities, Janet E. Lord, Michael Ashley Stein
Articles
This Article reviews the processes by which domestic-level transposition of international human rights norms may occur as a consequence of human rights treaty ratification, or other means of incorporation. Specifically, we consider the transformative vision of the Convention on the Rights of Persons with Disabilities (CRPD or Convention) as a vehicle for fostering national-level disability law and policy changes. In doing so, we outline the challenges and opportunities presented by this new phase in disability rights advocacy, and we draw conclusions that bear generally upon human rights practice and scholarship. We contend that the role of human rights in domestic …
Business As Usual: The Roberts Court's Continued Neglect Of Adequacy And Equity Concerns In American Education, Osamudia R. James
Business As Usual: The Roberts Court's Continued Neglect Of Adequacy And Equity Concerns In American Education, Osamudia R. James
Articles
No abstract provided.
Contextualising Nanotechnology In Chemistry Education, Christine O'Connor, Hugh Hayden
Contextualising Nanotechnology In Chemistry Education, Christine O'Connor, Hugh Hayden
Articles
This paper will give an example of a pedagogical approach taken in integrating nanotechnology into a chemistry degree course. In recent years nanotechnology has widely become part of the course content for undergraduate chemistry and physics degree curriculum. How contextualised the delivery of the subject matter may vary. The role of contextualisation of nanotechnology in the delivery of the content is the main focus of this paper, as to date in Ireland and many other countries nanotechnology has not been integrated into many chemistry degree courses but is slowly becoming the case. An evaluative methodology of the pedagogical approach for …
Procedural Path Dependence: Discrimination And The Civil-Criminal Divide, Julie C. Suk
Procedural Path Dependence: Discrimination And The Civil-Criminal Divide, Julie C. Suk
Articles
Procedural path dependence occurs when the particular features of the procedural system that is charged with enforcing a given legal norm determine the substantive path of that norm. This Article shows how the limits of employment discrimination law in two different national contexts can be explained by procedural dynamics. In France, as in several European countries, employment discrimination law is enforced predominantly in criminal proceedings. French criminal procedure enables the discovery of information necessary to prove the facts of discrimination, whereas the limits of French civil procedure make it impossible for such information to be revealed. As a result, the …
First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton
First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton
Articles
No abstract provided.
Sudoku: A Little Lesson In Oop, Axel-Tobias Schreiner, James Heliotis
Sudoku: A Little Lesson In Oop, Axel-Tobias Schreiner, James Heliotis
Articles
Paying only lip service to the principles of object-oriented programming rarely results in the expected benefits. This paper presents a series of designs for a Sudoku application that will lead introductory students through the allimportant process of trial and error. They will see examples of design analysis, criticism, and improvement. The paper concludes with some general pointers why and how the initial mistakes could have been avoided.
Efficient Mining Of Heterogeneous Star-Structured Data, Manjeet Rege, Qi Yu
Efficient Mining Of Heterogeneous Star-Structured Data, Manjeet Rege, Qi Yu
Articles
Many of the real world clustering problems arising in data mining applications are heterogeneous in nature. Heterogeneous co-clustering involves simultaneous clustering of objects of two or more data types. While pairwise co-clustering of two data types has been well studied in the literature, research on high-order heterogeneous co-clustering is still limited. In this paper, we propose a graph theoretical framework for addressing star- structured co-clustering problems in which a central data type is connected to all the other data types. Partitioning this graph leads to co-clustering of all the data types under the constraints of the star-structure. Although, graph partitioning …