Digital Commons Network^™

Harnessing And Sharing The Benefits Of State-Sponsored Research: Intellectual Property Rights And Data Sharing In California's Stem Cell Initiative, Rebecca S. Eisenberg, Arti K. Rai

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This Article discusses data sharing in California's stem cell initiative against the background of other data sharing efforts and in light of the competing interests that CIRM is directed to balance. We begin by considering how IP law affects data sharing. We then assess the strategic considerations that guide the IP and data policies and strategies of federal, state, and private research sponsors. With this background, we discuss four specific sets of issues that public sponsors of data-rich research, including CIRM, are likely to confront: (1) how to motivate researchers to contribute data; (2) who should have access to the …

Hamiltonian Formulation And Integrability Of A Complex Symmetric Nonlinear System, Rossen Ivanov

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The integrability of a complex generalisation of the ’elegant’ system, proposed by D. Fairlie and its relation to the Nahm equation and the Manakov top is discussed.

Horseradish And Soybean Peroxidases: Comparable Tools For Alternative Niches?, Barry Ryan, CiaráN Fagan, Neil Carolan

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Horseradish and soybean peroxidases (HRP and SBP, respectively) are useful biotechnological tools. HRP is often termed the classical plant heme peroxidase, and although it has been studied for decades our understanding has deepened since its cloning and subsequent expression, which has enabled numerous mutational and protein engineering studies. SBP, however, has been neglected until recently; despite offering a real alternative to HRP that actually outperforms it in terms of stability. SBP is now used in numerous biotechnological applications, including biosensors. Review of both is timely. This article summarises and discusses the main insights into the structure and mechanism of HRP, …

Getting Away With Murder: Guatemala's Failure To Protect Women And Rodi Alvarado's Quest For Safety, Angélica Cházaro

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This report examines the underlying conditions that cause women like Rodi to flee their home countries and seek protection elsewhere. The report starts with a description of the circumstances that led Rodi to leave Guatemala. It then analyzes the widespread violence against and murders of women in Guatemala, specifically focusing on the number of murders, the victims, the brutality of the crimes, the context in which they occur, and the theories behind the murders. It next looks to the aspects of the Guatemalan legal and judicial systems that render women vulnerable to violence and then fail to protect them. It …

The Weight Of The World: Consuming Traditional Masculine Ideologies, Andrew Dunne, Olivia Freeman, Roger Sherlock

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This paper explores the relationship between the body, masculinity and the consumption of body-focussed activities. It examines the meaning and importance of strength training for men.
Strength training is of interest because its increase in popularity is occurring at a particular point in time when a growing number of men are experiencing insecurities over their masculine identities as a result of recent socio-economic changes. This paper proposes that men today are facing a dilemma in terms of masculine identity. This dilemma hinges on the growing objectification of the male body in the media and its cultural messages regarding masculinity.

Isolation And Characterization Of Toxin A-Negative, Toxin B-Positive Clostridium Difficile In Dublin, Ireland, Denise Drudy, N. Harnedy, S. Fanning, R. O’Mahony, L. Kyne

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Clostridium difficile is a major cause of infectious diarrhoea in hospitalised patients. Most pathogenic C. difficile strains produce two toxins, A and B; however, clinically relevant toxin A-negative, toxin Bpositive (A– B+ ) strains of C. difficile that cause diarrhoea and colitis in humans have been isolated worldwide. The aims of this study were to isolate and characterise A– B+ strains from two university hospitals in Dublin, Ireland. Samples positive for C. difficile were identified daily by review of ELISA results and were cultured on selective media. Following culture, toxin-specific immunoassays, IMR-90 cytotoxicity assays and PCR were used to analyse …

The Man, The State And You: The Role Of The State In Regulating Gender Hierarchies, Meredith M. Render

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No abstract provided.

A Comment On Nielsen's And Albiston's Sample Selection Methodology, And Implications For The 'Have-Nots', Laura Nyantung Beny

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Professors Nielsen and Albiston revisit the 1978 article, The Public Interest Law Industry, by Joel F. Handler, Betsy Ginsberg, and Arthur Snow, which presents an empirical study of the public interest law ("PIL") industry in the mid-1970s. At that time, there were only eighty-six PIL firms or public interest law organizations ("PILOs") in existence in the United States. Then, PILOs tended to be small, had relatively small operating budgets, received most of their funds from private sources, and tended to focus most of their effort in a single substantive area, among other characteristics noted by Professors Nielsen and Albiston. However, …

Out Of State And Out Of Luck: The Treatment Of Non-Custodial Parents Under The Interstate Compact On The Placement Of Children, Vivek Sankaran

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Courts handling child abuse and neglect cases face a daunting task. Within one to three days after a child is removed from his home, a court hearing must be held to determine whether court intervention and continued removal of the child is necessary. At this hearing, the court must sort through and evaluate the state's allegations and assess the various risks posed by placing the child in foster care or returning the child to one or both of his parents. Courts must weigh the heavy emphasis the law places on preserving the family unit against the equally paramount mandate to …

Maiming The Cubs, James J. White

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In the last twenty years much has been written about the deleterious effect that law school has on the mental well-being of law students.' Many have called for "humanizing" law school. In support of their case, the advocates of humanizing cite numerous anecdotes, much scholarly writing in the psychology literature, and even a few rigorous studies of law students. A principal voice is that of Professor Krieger who has done the most careful and elaborate study, a study of students at two law schools.1 You should understand that Professor Krieger and his cohorts do not merely claim that we make …

Souter Passant, Scalia Rampant: Combat In The Marsh, Samuel R. Gross

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Kansas law provides that unless a capital sentencing jury concludes that the mitigating factors that apply to the defendant’s crime outweigh the aggravating factors, it must sentence the defendant to death. The Kansas Supreme Court held that this law violates the Eighth and Fourteenth Amendments because it “impermissibly mandates the death penalty when the jury finds that the mitigating and aggravating circumstances are in equipoise.” On June 26, in Kansas v. Marsh, the Supreme Court reversed in a 5 to 4 opinion by Justice Thomas.

Computing The Folkman Number F_V(2,2,3;4), Jonathan Coles, Stanislaw Radziszowski

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We discuss a branch of Ramsey theory concerning vertex Folkman numbers and how computer algorithms have been used to compute a new Folkman number. We write G ! (a1, . . . , ak)v if for every vertex k-coloring of an undirected simple graph G, a monochromatic Kai is forced in color i 2 {1, . . . , k}. The vertex Folkman number is defined as Fv(a1, . . . , ak; p) = min{|V (G)| : G ! (a1, . . . , ak)v ^ Kp 6 G}. Folkman showed in 1970 that this number exists for p …

The Acs Virgo Cluster Survey. Viii. The Nuclei Of Early-Type Galaxies, Patrick Côté, Slawomir Piatek, Laura Ferrarese, Andrés Jordán, David Merritt, Eric W. Peng, Monica Haşegan, John P. Blakeslee, Simona Mei, Michael J. West, Miloš Milosavljević, John L. Tonry

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The ACS Virgo Cluster Survey is a Hubble Space Telescope program to obtain high-resolution imaging, in widely separated bandpasses (F475W ≈ g and F850LP ≈ z), for 100 early-type members of the Virgo Cluster, spanning a range of ≈ 460 in blue luminosity. We use this large, homogenous dataset to examine the innermost structure of these galaxies and to characterize the properties of their compact central nuclei. We present a sharp upward revision in the frequency of nucleation in early-type galaxies brighter than MB ≈ −15 (66 . fn . 82%) and show that ground-based surveys underestimated the number of …

The Acs Virgo Cluster Survey. Vi. Isophotal Analysis And The Structure Of Early-Type Galaxies, Laura Ferrarese, Patrick Côté, Andrés Jordán, Eric W. Peng, John P. Blakeslee, Slawomir Piatek, Simona Mei, David Merritt, Miloš Milosavljević, John L. Tonry, Michael J. West

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We present a detailed analysis of the morphology, isophotal parameters and surface brightness profiles for 100 early-type members of the Virgo Cluster, from dwarfs (MB = −15.1 mag) to giants (MB = −21.8 mag). Each galaxy has been imaged in two filters, closely resembling the Sloan g and z passbands, using the Advanced Camera for Surveys on board the Hubble Space Telescope. Dust and complex morphological structures are common. Dust is detected in as many as 18, preferentially bright, galaxies. The incidence rate in the 26 galaxies brighter than BT = 12.15 mag, which form a magnitude limited sample, is …

Analysis Of Paper Gloss, Jonathan Arney, Ling Ye, Jiff Wible

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Standard techniques for the measurement of paper gloss are capable of providing highly repeatable indices of the gloss phenomenon. However, it is well known that the gloss phenomenon involves more than can be represented by a single number. A recently developed instrument called a microgoniophotometer has been applied to the characterization of paper gloss. The Bi-directional Reflectance Distribution Function (BRDF) plots generated by this device were shown to be related quantitatively and directly to Fresnel's law of specular reflection and to the surface roughness of the sample. Unlike standard gloss meter measurements, the BRDF enables the analyst to distinguish between …

De'via: Investigating Deaf Visual Art, Patricia Durr

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Deaf studies courses and programs often put a heavy emphasis on five main characteristics of Deaf culture: language, behavior/norms, values/beliefs, tradition/heritage and possessions. Within the last category, possessions, the focus is usually on material culture since Deaf culture does not have specific food, clothing, or music associated with its people. Hence things like TTYs, flashing lights, close captions, and interpreters are studied- most of these are access related. Unfortunately a critical component of Deaf cultural possessions-art-is often overlooked or uninvestigated. Betty G. Miller, the first known Deaf American to exhibit art about the Deaf experience, stated, "some Deaf artists feel …

Introduction To Shadowgraph And Schlieren Imaging, Andrew Davidhazy

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This is an illustrated narrative prepared as the guide to a slide show covering, in a simplified fashion, the optical operating principles associated with shadowgraph and schlieren imaging. This is also available as a PDF document about 3 Mb in size. Added here in August 2006.

Seminar: Art And Intentions, Caitlin O'Donnell, Jesus Aguilar

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No abstract provided.

Orientalism And Religion In The Romantic Era-Rammohan Ray’S Vedanta(S), Amit Ray

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Abstract:

This chapter examines how Raja Rammohan Ray utilized Vedanta philosophy as a strategic response to colonial critiques of Hinduism during the early nineteenth century. Ray emerged as a pivotal figure who navigated between British orientalist discourse and Indian religious reform, employing Advaita Vedanta to counter accusations of idolatry and polytheism leveled against Hindu practices. The analysis demonstrates how Ray's translations of the Upanishads and his promotion of Vedantic monotheism served dual purposes: defending indigenous civilization against missionary attacks while accommodating European notions of rational religion. Ray's approach involved significant textual interventions, including rendering the neuter brahman as masculine "God" …

Using Court Records For Research, Teaching, And Policymaking: The Civil Rights Litigation Clearinghouse, Margo Schlanger, Denise Lieberman

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The National Archives and Records Administration (NARA) is, wisely, planning the future of its enormous collection of relatively recent court records. The pertinent regulation, a “records disposition schedule” first issued in 1995 by the Judicial Conference of the United States in consultation with NARA, commits the Archives to keeping, permanently, all case files dated 1969 or earlier; all case files dated 1970 or later in which a trial was held, and “any civil case file which NARA has determined in consultation with court officials to have historical value.” Other files may be destroyed 20 years after they enter the federal …

Grados De Libertad: Democracia Y Antidemocracia En Cuby Y Luisiana, 1898-1900, Rebecca J. Scott

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This comparative study between the quest for political racial inclusivity in 1890s Louisiana and the fight against state-sanctioned racialized violence in Cuba in the early 1900s exposes similarities, tensions, and differences between the two systems. The article traces the evolving contests for citizenship and suffrage in each climate at the end of the 19th century and into the beginning of the twentieth, juxtaposing the expression of race, suffrage, and citizenship in the constitution and political climate of each locale. In 1898, the new Louisiana state constitution disenfranchised African-Americans, while in 1900 Cuba was positioning itself for a grant of universal …

Odious Debt Or Odious Payments - Using Anti-Corruption Measures To Prevent Odious Debt, Anita Ramasastry

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This article focuses on ways to stem the tide of odious payments and to stop such payments, when made, from moving offshore into foreign bank accounts. To the extent that such payments leave a country, fewer funds are available to repay sovereign debts in the event of a regime change, or to feed and shelter the population. This article focuses on emerging anti-corruption mechanisms as a means of dealing with odious payments and odious debt. It also focuses on the role of financial institutions (banks) as gatekeepers. Part I of this article focuses on the way in which banks are …

Lost In Translation? Data Mining, National Security And The Adverse Inference Problem, Anita Ramasastry

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To the extent that we permit data mining programs to proceed, they must provide adequate due process and redress mechanisms that permit individuals to clear their names. A crucial criteria for such a mechanism is to allow access to information that was used to make adverse assessments so that errors may be corrected. While some information may have to be kept secret for national security purposes, a degree of transparency is needed when individuals are trying to protect their right to travel or access government services free from suspicion.

Part II of this essay briefly outlines the government's ability to …

Liability, Regulation And Policy In Surgical Innovation: The Cutting Edge Of Research And Therapy, Anna C. Mastroianni

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This article examines the implications of the foregoing competing claims from a U.S. legal perspective, focusing particularly on how the legal system addresses patient safety concerns and autonomous decision-making of surgeons in the context of surgical innovation. The lack of oversight and the risks borne by patients during surgeons' development and subsequent refinement of a novel procedure must be balanced with the need to encourage medical progress through the development of improved techniques designed to benefit the health of current and future patients. This article argues that current reliance on the medical malpractice system and the federal regulatory system of …

Giving Intellectual Property, Xuan-Thao Nguyen, Jeffrey A. Maine

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The interdisciplinarity of intellectual property and taxation poses many challenges to the disparate existing norms in each respective field of law. This Article identifies and critiques the current tax regime governing the giving of intellectual property as a manifestation of the failure to understand the principles and policies underlying intellectual property and the firm. It proposes an economic, incentives-based system that would encourage firms to extricate part of their repository of residual rights by surrendering their monopolistic ownership of intellectual property for the benefit of charitable organizations and, in turn, the development and growth of society.

Syringes In The Sea: Why Federal Regulation Of Medical Waste Is Long Overdue, Chryssa V. Deliganis, Steve P. Calandrillo

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Medical waste is produced everywhere that people live and by almost everyone at some point in their lives. Its treatment and disposal implicates the environment, public health, the economy, human dignity, and aesthetics. With the many issues involved, the need for federal regulation of medical waste today is manifest.

This Article examines the problem of medical waste disposal and evaluates the current state-based approach to regulation. Although many states have implemented stringent medical waste programs with some success, the absence of direct federal regulation in this area is problematic. The need for national leadership is clear, especially with respect to …

The Impact Of Eu Unfair Contract Terms Law On U.S. Business-To-Consumer Internet Merchants, Jane K. Winn, Mark Webber

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This article focuses on the application of European Union unfair contract terms law to retail Internet transactions that U.S. businesses might engage in with European consumers. It compares attitudes toward consumer protection regulation in the U.S. and the EU to provide some context within which the specific provisions of unfair contract terms law can be understood.

While many lawyers and legal academics in the U.S. who study the development of online markets are aware of the profound differences in U.S. and EU information privacy laws, the magnitude of the divergence in consumer electronic contracting law is not as widely recognized. …

Characterization Of A Collection Of Enterobacter Sakazakii Isolates From Environmental And Food Sources., Denise Drudy, Michele O'Rourke, Mary Murphy, Niall Mullane, Rebecca O'Mahony, Lorainne Kelly, Matthias Fischer, Suhad Sanjag, Pauline Shannon, Patrick Wall, Micheál O'Mahony, Paul Whyte, Séamus Fanning

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No abstract provided.

Characterisation Of Cell Types In Abalone (Haliotis Spp.) Tissues Using Immunohistochemical Techniques, Leanne Harris, Nuala O'Byrne-Ring, Helen Lambkin

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The increasing popularity of abalone as a seafood delicacy has led to the rapid development of abalone aquaculture worldwide. The commercial and economic importance of this industry has resulted in an increasing interest in the biology of this particular shellfish genus. In this study we focus on the identification of structural, functional and proliferative proteins in two species of abalone shellfish, Haliotis discus hannai and Haliotis tuberculata. Monoclonal and polyclonal antibodies that react with proteins in vertebrate and invertebrate tissues were selected and applied to abalone tissues. Cross sections of whole animals were analysed using avidin–biotin immunoperoxidase staining protocols. In …

Rodrigo's Riposte: The Mismatch Theory Of Law School Admissions, Richard Delgado

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The chronicle proceeds as a dialogue between the fictional alter ego Rodrigo Crenshaw and an older professor After meeting in Rodrigos city the two friends joined later by Giannina go out to dinner Rodrigo who is on his law schools admissions committee has been thinking about affirmative action Prompted by his conservative colleague Laz Rodrigo has formulated a severalpronged attack on Sanders premise that stairstep admissions and later law firm hiring just hurts the cause of black lawyersThe professor presses Rodrigo to defend his views and the arrival of Giannina requires him to articulate them even more You will enjoy …