Digital Commons Network^™

Collateralizing Intellectual Property, Xuan-Thao Nguyen

Articles

This Article identifies and critiques the collateralization of intellectual property, revealing the complexity of intersecting secured transaction law, namely Article 9 of the Uniform Commercial Code, and doctrinal intellectual property laws such as patent law, copyright law, and trademark law. The inquiry challenges the silence surrounding the pervasive use of intellectual property as collateral in secured financing and suggests changes to the existing framework on secured financing law.

The Article proceeds as follows: Part II discusses the normative intellectual property rights for patents, copyrights, and trademarks and how such rights are utilized as corporate assets. Part III describes different forms …

The Immigration-Terrorism Illusory Correlation And Heuristic Mistake, Mary De Ming Fan

Articles

The national broil over immigration reform is fermenting an illusory correlation and mistaken heuristic. Two events illustrate the involvement of legislators in the manufacture and mplification of this heuristic mistake. A controversial bill passed by the House of Representatives in December 2005 explicitly and extensively packaged immigration control with antiterrorism.' During his term as a congressman, J. D. Hayworth published a book claiming that inflows of people over the U.S.-Mexico border pose a "terrorist threat," that the nation has witnessed an "illegal alien crime spree," and that high immigration rates from Mexico threaten social instability.[para] Such pronouncements by legislators generate …

The Limits Of Intelligence In Maritime Counterproliferation Operations, Craig Allen

Articles

This article begins with an examination of the intelligence needs of those engaged in maritime counterproliferation efforts. It then turns to risk-management decision making under conditions of uncertainty, focusing on decisions at the operational level and exploring the question of whether decision strategies in the WMD context should seek to minimize false-negative or false-positive errors. It concludes that even vastly improved maritime intelligence will not obviate the need for national and operational commanders to make decisions under conditions of uncertainty and that such decisions should be made on the basis of established risk-assessment and management principles. At the same time, …

Public Interest Research, Collaboration, And The Promise Of Wikis, Tom Cobb

Articles

One of my central goals in teaching law is to help students find ways to apply their emerging analytical powers and professional skills to promote the public interest.A related goal is to create an engaging learning experience in which students see each other—and other members of the legal community—as key resources in their education.

To help accomplish these goals, I have been formally and informally collaborating with clinics—the traditional home of public interest law and collaborative learning in most law schools— to find ways to infuse my legal writing classes with clinical methods and values. This article describes a class …

Be Careful What You Ask For: Educacion Para Todas/Os, The Perils And The Power, Jessica Solyom, Jeremiah Chin, Kristi Ryujin

Articles

Demonstrations supporting human and civil rights, while often romanticized as a phenomenon of the past, are becoming more pervasive today, reflecting the continued forms of discrimination and oppression undocumented workers, individuals, and families experience. In the past few years, Utah residents have been engaged in their own battle to determine the level of support the state is willing to extend students of color interested in attending institutions of higher education. On the "frontstage" many of the state's universities echo a rhetoric of support for diversity. Some even go as far as to outline their commitment to diversity as part of …

Extending And Measuring The Quality Of Fresh-Cut Fruit And Vegetables: A Review, Ana Belen Martin-Diana, Daniel Rico, Gary Henehan, Jesus Maria Frias, J. Barat

Articles

The market sales of ready - to - use vegetables have grown rapidly in recent decades as a result of changes in consumer attitudes especially consumption of fresh-cut lettuce and carrot due to their use in prepared salads. Chlorine solutions have been widely used to sanitise fruit and vegetables in the fresh-cut industry. However, the association of chlorine with the possible formation of carcinogenic chlorinated compounds in water has called into question the use of chlorine in food processing. There is a real need to find alternatives for preservation of fresh-cut fruit and vegetables in order to improve the efficacy …

Can Lawyers Find Happiness Symposium: Perspectives On Lawyer Happiness, Richard Delgado, Jean Stefancic

Articles

No abstract provided.

Famous Trademarks And The Rational Basis For Protecting Irrational Beliefs, J. Shahar Dillbary

Articles

Contrary to the traditional view, this article argues that mega-brands are neither economic evils nor limited to imparting information about the products they adom. It also rejects the view that famous marks persuade "snobs" to "irrationally" pay more for the same physical product they could have purchased for less. Rather, it adopts the view that in purchasing a branded good, the consumer is actually purchasing a bundle of three prod- ucts: a physical product, information about the physical product, and an intangible product, such as fame, prestige, peace of mind, or a pleasant feel- ing. This article explores the demand …

Is This Your Bedroom?: Reconsidering Third-Party Consent Searches Under Modern Living Arrangements Note, Russell M. Gold

Articles

No abstract provided.

Law Enforcement In Subordinated Communities: Innovation And Response 2008 Survey Of Books Related To The Law - Policing And Race, Richard Delgado

Articles

No abstract provided.

Rodrigo's Corrido: Race, Postcolonial Theory, And U.S. Civil Rights, Richard Delgado

Articles

No abstract provided.

The Return Of Seditious Libel, Ronald J. Krotoszynski Jr., Clint A. Carpenter

Articles

No abstract provided.

What If John Calmore Had A Latino/A Sibling A Tribute To John O. Calmore's Work, Richard Delgado, Jean Stefancic

Articles

No abstract provided.

Using Comparative Torts Materials To Teach First-Year Torts, Anthony J. Sebok

Articles

The article argues that incorporating comparative torts materials, particularly from European jurisdictions such as Germany and Italy, can effectively enhance the teaching of tort damages in first-year law courses. This approach is not about adopting a comparative curriculum but using these materials to provide deeper insights into American tort law.

"Unchain The Children": Gault, Therapeutic Jurisprudence, And Shackling, Bernard P. Perlmutter

Articles

No abstract provided.

'How's My Driving?' For Everyone (And Everything?), Lior Strahilevitz

Articles

This is an Article about using reputation-tracking technologies to displace criminal law enforcement and improve the tort system. The Article contains an extended application of this idea to the regulation of motorist behavior and examines the broader case for using technologies that aggregate dispersed information in various settings where reputational concerns do not adequately deter uncooperative behavior. The Article proposes a compulsory "How's My Driving?" program for all motor vehicles. Although more rigorous study is warranted, the initial data from voluntary "How's My Driving?" programs is quite promising, suggesting that the use of "How's My Driving?" placards on commercial trucks …

The Law Of Other States, Eric A. Posner, Cass R. Sunstein

Articles

The question of whether courts should consult the laws of "other states" has produced intense controversy. But in some ways, this practice is entirely routine; within the United States, state courts regularly consult the decisions of other state courts in deciding on the common law, the interpretation of statutory law, and even the meaning of state constitutions. A formal argument in defense of such consultation stems from the Condorcet Jury Theorem, which says that under certain conditions, a widespread belief accepted by a number of independent actors, is highly likely to be correct. It follows that if a large majority …

Allocution And The Purposes Of Victim Participation Under The Cvra, Richard A. Bierschbach

Articles

The article examines the interpretive challenges surrounding Section 3771(a)(4) of the Crime Victims' Rights Act (CVRA) of 2004, which grants victims the right to be "reasonably heard" in certain court proceedings. The CVRA aims to integrate victims into the criminal justice system, but its ambiguous language has led to conflicting court interpretations, particularly regarding whether victims have an absolute right to speak at sentencing. The article explores the legislative intent, purposes behind the provision, and the effectiveness of victim participation mechanisms, ultimately advocating for clearer policy guidance to address these ambiguities.

Information Asymmetries And The Rights To Exclude, Lior Strahilevitz

Articles

No abstract provided.

Implications Of Mass Education On Chemistry Higher Education, Christine O'Connor

Articles

The following paper discusses the implications of government policy for widening access and participation in third level institutes. The increase in ‘non-traditional’ students has been widely recognised on an international scale; however, some issues of inequality still exist. The ‘struggles’ associated with widening participation and the creation of a ‘new’ student type are discussed, with particular reference to chemistry education. A change is needed with regard to the pedagogical approach taken by staff in order to cater for a diverse student body comprising a broad range of learner types, and this must be supported both at departmental and institutional levels. …

What Light Do Professional Doctorates Throw On The Question Of What Counts As Knowledge In The Academy At The Start Of The Twenty-First Century?, Sandra Fisher

Articles

In their article, ‘Professional Doctorates in England’, Bourner et al. (2001: 81) pose the question ‘What light do professional doctorates throw on the question of what counts as knowledge in the academy at the start of the twenty-first century?’ This article attempts to address this question. The article provides some background to the development of professional doctorates. It looks at forces, such as the rise of the knowledge society, economic drivers, and the demands of lifelong learning, that are shaping knowledge in the academy in the twenty-first century. I attempt to interpret these forces in the context of the development …

The Law Of Implicit Bias, Cass R. Sunstein, Christine Jolls

Articles

Considerable attention has been given to the Implicit Association Test (IA T), which finds that most people have an implicit and unconscious bias against members of traditionally disadvantaged groups. Implicit bias poses a special challenge for antidiscrimination law because it suggests the possibility that people are treating others differently even when they are unaware that they are doing so. Some aspects of current law operate, whether intentionally or not, as controls on implicit bias; it is possible to imagine other efforts in that vein. An underlying suggestion is that implicit bias might be controlled through a general strategy of "debiasing …

Equality And The Dialectic Between Identity And Difference, Michel Rosenfeld

Articles

Modern equality as derived from the Enlightenment has always had problems with difference. Whereas feudalism set inequality as the baseline, modern society sets equality as the baseline, but allows for unequal treatment based on differences. Thus, differences among the sexes have been invoked to treat women as inferiors and racial differences to deprive racial minorities of equal treatment. Liberalism has countered these moves by promoting a conception of equality as identity according to which race or gender-based differences are irrelevant for purposes of political participation or employment. More recent claims for equality based on identity politics which callfor a type …

Liberalism, Normative Expectations, And The Mechanics Of Fault, Kyron J. Huigens

Articles

No abstract provided.

The Making Of A "New" Multipurpose Stereo Camera, Andrew Davidhazy

Articles

How a stereo camera using 4x5 film and based on surplus Wollensak stereo camera lens boards was constructed and the reasons why.

Mapping The Literature Of Medical-Surgical Nursing, Mary K. Taylor

Articles

Background: Medical-surgical or adult health nursing is a complex specialty that requires a wide-ranging literature to inform its research and practice. Several excellent qualitative aids exist for collection development for this field, but quantitative studies are few. While one bibliometric study of journals exists, no recent work had been done in this area.

Method: The Mapping the Literature of Nursing Project protocol was used. Four source journals were selected, and a citation analysis of articles from 1996 to 1998 was conducted.

Results: A list of the most frequently cited journals was created, using Bradford’s Law of Scattering. The list demonstrates …

After Autonomy, Carl E. Schneider

Articles

Bioethicists today are like Bolsheviks on the death of Lenin. They have, rather to their surprise, won the day. Their principle of autonomy is dogma. Their era of charismatic leadership is over. Their work of Weberian rationalization, of institutionalizing principle and party, has begun. The liturgy is reverently recited, but the vitality of Lenin's "What Is To Be Done?" has yielded to the vacuity of Stalin's "The Foundations of Leninism." Effort once lavished on expounding ideology is now devoted to establishing associations, organizing degree programs, installing bioethicist commissars in every hospital, and staffing IRB soviets. Not-so-secret police prowl the libraries …

Misfearing: A Reply, Cass R. Sunstein

Articles

No abstract provided.

Life's Golden Tree: Empirical Scholarship And American Law, Carl E. Schneider, Lee E. Teitelbaum

Articles

What follows is a simplified introduction to legal argument. It is concerned with the scheme of argument and with certain primary definitions and assumptions commonly used in legal opinions and analysis. This discussion is not exhaustive of all the forms of legal argument nor of the techniques of argument you will see and use this year. It is merely an attempt to introduce some commonly used tools in legal argument. It starts, as do most of your first-year courses, with the techniques of the common-law method and then proceeds to build statutory, regulatory, and constitutional sources of law into the …

Competing Discourses On Journalism Education, Nora French

Articles

This paper is concerned with the lack of an agreed framework for the curriculum for journalism education. The paper reports on research into the beliefs and values underlying the two main undergraduate degree programmes in journalism in Ireland, with the aim of gaining a better understanding of the concepts of journalism and journalism education on which the curricula were based. Critical discourse analysis was used in the research. The discrepancies found in the two concepts within and between different texts make clear that the problems within journalism education reflect the wider problems of lack of closure in the discourses of …