Digital Commons Network^™

Introduction To The Protection Of Non-Traditional Trademarks: Critical Perspectives, Irene Calboli

Faculty Scholarship

During the past decades, the domain of trademark law and the scope of trademark protection have been expanded significantly. The flexible application of prerequisites for registration has paved the way for the recognition of a wide variety of signs as subject matter eligible for trademark protection. This includes single colors, shapes, sounds, smells, video clips, holograms, and even gestures. However, this expansion of the scope of trademark protection has been accompanied only by a partial expansion of the grounds for refusal relating to these registrations and the creation of defenses that permit unauthorized use in the interest of freedom of …

Two-Tiered Trademarks, Glynn Lunney

Faculty Scholarship

Today, we have a two-tiered trademark system. In the top tier, both parties can afford to litigate. In the lower tier, only one party can. This two-tiered system has arisen over the last century because courts refused to follow the law. Faced with trademark law that led to seemingly unjust outcomes in the case before them, courts rewrote trademark law. When those initial rewrites led to different sorts of seeming injustice as cases continued to arise, courts rewrote trademark law again and again. Moreover, judges rewrote trademark law not as part of any systemic and coherent plan for trademark law, …

Bounded Rationality, Paternalism, And Trademark Law, Stacey Dogan

Faculty Scholarship

We don’t need behavioral economics to understand that trade marks can shape consumer preferences in ways that have little to do with objectively measurable differences in product quality. Scholars, judges, economists, and policymakers have long recognized the tendency of strong marks to skew consumer decisions. The concern lies not only in price effects but with the allocative effects of encouraging investment in persuasive advertising, rather than product innovation or similar “productive” pursuits. While informative advertising can benefit consumers, advertising that creates artificial brand-based differences between otherwise identical products appears not only costly to consumers but also socially wasteful.

This Essay …

The Wind: An Unruly Living, Jeremy Bendik-Keymer

Faculty Scholarship

A process begun in Pisa, Italy in April of 2016 during a workshop on political theory in the Anthropocene, The Wind ~ An Unruly Living is a philosophical exercise (askêsis, translated, following Ignatius of Loyola, as “spiritual exercise”). In his exercise, Bendik-Keymer throws to the void: the ideology of self-ownership from a society of possession. By using the Stoic kanôn, the rule of living by phûsis, he follows an element. Unhappily for the Stoic and happily for us, the wind is unruly. A swerve of currents through a social fabric, it’s full of holes, all holely. Stretch …

Mental Health Problems Of The Youngest Generation Of American Veterans (Problemy Zdrowia Psychicznego Najmłodszego Pokolenia Weteranów Amerykańskich), Jaroslaw Richard Romaniuk

Faculty Scholarship

Wartime activities determine the threats to a soldier’s life and health. To prepare soldiers for a new forms of warfare, one should know the challenges the soldier faces in the midst of battle and after returning home. From 2001 to 2015, 1.2 million American soldiers returning from Iraq and Afghanistan used the health care services of the Department of Veterans’ Affairs. An analysis of the resulting medical interventions makes possible a long term evaluation of the effects of war, some of which appear only after the soldier returns to civilian life. This study analyzes the research on the mental health …

Concurrent Atlantoaxial Septic Arthritis And Septic Thrombosis Of The Ophthalmic Vein Due To Staphylococcus Aureus: A Case Report And Review Of The Literature, Robin L.P. Jump

Faculty Scholarship

Atlantoaxial joint septic arthritis and superior ophthalmic vein thrombosis are uncommon manifestations of Staphylococcus aureus infection. A 68-year-old man presented with acute-onset neck pain and diplopia. Imaging studies revealed atlantoaxial septic arthritis and right superior ophthalmic vein thrombosis. Blood cultures grew methicillin-susceptible S. aureus. We review the literature describing these 2 uncommon manifestations of a common pathogen.

Kob-Tv Interviews Kastenberg On The Stolen Valor Act, Joshua E. Kastenberg

Faculty Scholarship

Professor Kastenberg discusses the likehood of a local teenager being tried for murder as an adult.

Green Lacewings And Water Sprays For Azalea Lace Bug Control, Jana C. Lee, Barry Finley, S. Michael Flores, Katerina Velasco Graham, J. Megan Woltz, Jessica S. Wong, Robin S. Rosetta

Faculty Scholarship

The azalea lace bug, Stephanitis pyrioides, is a serious pest of azaleas and rhododendrons which is often controlled by systemic insecticides. However, the efficacy of softer approaches such as biological control and water sprays against this pest on rhododendrons is unknown. Therefore, we tested the commercially available green lacewing predator, Chrysoperla rufilabris, and water sprays on lace bug infestation in one laboratory and four field trials. First, 2nd instar predator larvae were confirmed to consume lace bug nymphs and sometimes adults. Second, tapping predator larvae from hexcel units over dry leaves of potted rhododendrons and shaking loose eggs …

Drosophila Suzukii Fight Performance Reduced By Starvation But Not Affected By Humidity, Jessica S. Wong, Adam C. Cave, Danielle M. Lightle, Walter F. Mahaffee, Steve E. Naranjo, Nick G. Wilman, J. Megan Woltz, Jana C. Lee

Faculty Scholarship

Drosophila suzukii is widely studied because of its status as a global pest of berries and soft fruits. Environmental conditions and access to food resources impact the physiology and ftness of D. suzukii; these factors could also affect dispersal. Flight mills are a convenient tool for measuring and comparing the fight performance of insects. In this study, two experiments examined the efects of diet and humidity on D. suzukii fight performance using custom-built fight mills, and a third experiment compared the energy reserves of D. suzukii flown or not flown on fight mills. Over all fight assays, the median fight …

Seeing Bullshit Rhetorically: Human Encounters And Cultural Values, Leonard Shedletsky

Faculty Scholarship

This essay explores the idea that calling bullshit exemplifi es Mercier and Sperber”s social intuitionist theory. It discusses a range of empirical research related to bullshit, including belief in the worldviews of Individualist vs. Communitarian and Hierarchical vs. Egalitarian with regard to accepting and rejecting ideas. Calling bullshit fits well with using the heuristics of like/not like and cognitive mechanisms of debunking misinformation.

Diverse Originalism, Christina Mulligan

Faculty Scholarship

No abstract provided.

Sorting Out White-Collar Crime, Miriam Baer

Faculty Scholarship

No abstract provided.

Free Trade, Immigrant Workers, And Employment Discrimination, Angela D. Morrison

Faculty Scholarship

This article reframes the outward-looking perspective on workers’ rights provisions in free trade agreements. It argues that those provisions provide an opportunity to reinforce the workplace rights of noncitizen workers in the United States. Scholars and worker advocates have criticized recent free trade agreements for their lack of enforcement mechanisms and protections for workers in developing countries. They argue that this has encouraged a race to the bottom on the part of multi-national corporations who relocate to developing countries to take advantage of cheap labor costs, thereby costing U.S. workers’ jobs.

This article shifts the focus. Instead, it argues that …

Market Segmentation Vs. Subsidization: Clean Energy Credits And The Commerce Clause's Economic Wisdom, Felix Mormann

Faculty Scholarship

The dormant Commerce Clause has long been a thorn in the side of state policymakers. The latest battleground for the clash between federal courts and state legislatures is energy policy. In the absence of a decisive federal policy response to climate change, nearly thirty states have created a new type of securities—clean energy credits—to promote lowcarbon renewable and nuclear power. As more and more of these programs come under attack for alleged violations of the dormant Commerce Clause, this Article explores the constitutional constraints on clean energy credit policies. Careful analysis of recent and ongoing litigation reveals the need for …

Sweetheart Deals, Deferred Prosecution, And Making A Mockery Of The Criminal Justice System: U.S. Corporate Dpas Rejected On Many Fronts, Peter Reilly

Faculty Scholarship

Corporate Deferred Prosecution Agreements (DPAs) are contracts negotiated between the federal government and defendants to address allegations of corporate misconduct without going to trial. The agreements are hailed as a model of speedy and efficient law enforcement, but also derided as making a “mockery” of America’s criminal justice system stemming from lenient deals being offered to some defendants. This Article questions why corporate DPAs are not given meaningful judicial review when such protection is required for other alternative dispute resolution (ADR) tools, including plea bargains, settlement agreements, and consent decrees. The Article also analyzes several cases in which federal district …

A "Bad Rap":R. V. Skeete And The Admissibility Of Rap Lyric Evidence, Ngozi Okidegbe

Faculty Scholarship

The use of accused-authored rap lyric evidence is no longer rare in Canadian criminal proceedings. Adduced by Crown prosecutors, rap lyrics written or co-written by an accused are increasingly used in criminal trials as evidence of the accused’s intent, knowledge, motive, identity, or confession to the commission of the specific offence charged. The practice is not without controversy. The introduction of an accused’s artistic work in the form of rap lyrics at trial engages trial fairness concerns. Without a keen awareness of the social and cultural context that produces rap music, trial actors risk inflating their probative value and underestimating …

Tribute To Professor Mark J. Pettit, Jr., Jack M. Beermann

Faculty Scholarship

When the BU School of Law community lost Professor Mark Pettit, Jr. last summer, we lost a great teacher, perhaps the best law teacher in the United States. His classes sang even when he was not singing. I have an overwhelming feeling of gratitude at having been Mark’s friend and colleague for the past thirty-four years. When my friends at the Mandel Legal Aid Clinic at the University of Chicago Law School learned I would be teaching at BU Law, they urged me to seek Mark out. Mark taught there as a clinical instructor before he came to BU, and …

Understanding Environmental, Health And Economic Activity Interactions Following Transition Of Ownership In Gold Mining Areas In Tanzania: A Case Of Private To Public, Sophia Rhee, Elias Charles Nyanza, Madison Condon, Joshua Fisher, Theresia Maduka, Anja Benshaul-Tolonen

Faculty Scholarship

Mining is an important source of revenue for many developing countries, however, the social, environmental and economic impacts of mining are often poorly monitored. The recent transition of a gold mine in Western Tanzania—from large-scale gold mine under private, multinational ownership, to medium-scale public and national owned mine with limited life length offers a prime opportunity to understand the implications of changes in ownership and scale on the local economy and community well-being. We conducted 44 semi-structured interviews with community members in four villages adjacent to the mine site. We find that the local economy and public service provision contracted …

Karaoke Car Talk With Mark Pettit, Frances H. Miller

Faculty Scholarship

Mark Pettit and I played our own version of Carpool Karaoke long before it became a media favorite. Mark was the quiet one, a prisoner in my car for more than forty years of driving back and forth to the Law School on the Mass Pike. We were cooped up alone together for an hour and a half almost every day, sometimes under trying circumstances, including monumental traffic jams and weather horrendiomas. Some days we had more direct conversation with one another than either one of us had with our own spouses. So I thought I’d give you a little …

Then And Now: Mark Pettit’S Modern Unilateral Contracts In The 1980s And In The Age Of Blockchains, Daniela Caruso

Faculty Scholarship

Having read Jack Beermann and Fran Miller’s moving and insightful essays, I find myself unable to express in further words how wonderful Mark was and how much I miss him. I ask therefore that Jack and Fran allow me to join their celebration of Mark’s inimitable brilliance and generosity. What I offer today is a particular word of praise for an article by Mark which is not only my favorite, but also an extremely well regarded contribution to contract law scholarship: Modern Unilateral Contracts. 1 In this oft-cited and oft-quoted piece,2 published in this Law Review in 1983, Mark took …

The Depravity Of The 1930s And The Modern Administrative State, Steven G. Calabresi, Gary Lawson

Faculty Scholarship

Gillian Metzger’s 2017 Harvard Law Review foreword, entitled 1930s Redux: The Administrative State Under Siege, is a paean to the modern administrative state, with its massive subdelegations of legislative and judicial power to so-called “expert” bureaucrats, who are layered well out of reach of electoral accountability yet do not have the constitutional status of Article III judges. We disagree with this celebration of technocratic government on just about every level, but this Article focuses on two relatively narrow points.

First, responding more to implicit assumptions that pervade modern discourse than specifically to Professor Metzger’s analysis, we challenge the normally unchallenged …

Assessing The Impact Of The Global Compacts On Refugees And Migration In The Middle East, Susan M. Akram

Faculty Scholarship

Today, the overwhelming burden of the global refugee and migrant crisis is borne by the Middle East region, driven by protracted armed conflict and exacerbated by a deficit of applicable international legal norms. Most States in the Middle East have not adopted the international treaties that provide protection guarantees for refugees and stateless persons, the 1951 Refugee Convention and its 1967 Protocol, the 1954 Convention on the Status of Stateless Persons, and the 1961 Convention on the Reduction of Statelessness. The lack of legal status for persons displaced by conflict, many of whom are stateless refugees, leaves them in situations …

The Use Of Videoconferencing For Qualitative Interviewing: Opportunities, Challenges, And Considerations, Elliane Irani

Faculty Scholarship

No abstract provided.

Delphi Survey Of Maintenance Lithium Treatment In Older Adults With Bipolar Disorder: An Isbd Task Force Report, Martha Sajatovic

Faculty Scholarship

Objectives: Despite the growing numbers and proportion of older adults with bipolar disorder (OABD), there are very limited guidelines for the use of lithium with its double-edged potential for effectiveness and toxicity in this population. The primary aims of this Delphi survey were: (a) To determine the place of lithium among the preferred choices for maintenance treatment of OABD. (b) To provide detailed clinical guidelines for the safe and effective use of lithium in OABD. Methods: In the face of limited evidence, the Delphi survey method was used to achieve consensus by a group of 25 experts in OABD from …

Implementing Housing First With Families And Young Adults: Challenges And Progress Toward Self-Sufficiency, Rong Bai, David Crampton, Robert L. Fischer, Nina Lalich, Tsui Chan

Faculty Scholarship

The Housing First approach has shown promise in helping to combat homelessness among chronically homeless single males, but less is known about the approach when it is applied to families and young adults. This study examined data from a pilot Housing First program that served 78 families (n = 63) and single young adults (n = 15) with homeless histories and mental health and/or substance use disorders to explore program functioning and client service use patterns. Using an exploratory sequential mixed methods research design (Creswell & Plano Clark, 2011), qualitative interview data were conducted first, and quantitative administrative data and …

A Roadmap For Urban Evolutionary Ecology, Sarah E. Diamond, Ryan A. Martin

Faculty Scholarship

Urban ecosystems are rapidly expanding throughout the world, but how urban growth affects the evolutionary ecology of species living in urban areas remains largely unknown. Urban ecology has advanced our understanding of how the development of cities and towns change environmental conditions and alter ecological processes and patterns. However, despite decades of research in urban ecology, the extent to which urbanization influences evolutionary and eco-evolutionary change has received little attention. The nascent field of urban evolutionary ecology seeks to understand how urbanization affects the evolution of populations, and how those evolutionary changes in turn influence the ecological dynamics of populations, …

Constructing The First Year Experience: Improving Retention And Graduation Rates At A Hispanic-Serving Institution, Sonia M. Gipson Rankin, Tim Schroeder, Joe Suilmann, Pamela Cheek

Faculty Scholarship

In 2012, UNM teamed up with the Gardner Institute for Excellence in Undergraduate Education, to conduct a Foundations of Excellence® (FoE) First College Year Self Study addressing student success. As members of the First Year Steering Committee, we invented, coordinated, measured, and documented programs for linking students to the academic experiences and support that were best attuned to their needs.

Avoiding Pitfalls In The Determination Of Reliable Electrochemical Kinetics Parameters For The Cu2+ → Cu1+ Reduction Reaction In Deep Eutectic Solvents, Dai Shen, Katherine Steinberg, Rohan Akolkar

Faculty Scholarship

Deep eutectic solvents (DES), on account of their low-cost, non-flammability and electrochemical stability, are attracting attention for their potential use in applications such as electrodeposition and energy storage. In these applications, knowledge of the transport and electrochemical kinetics properties of DES is critically important. To date, attempts to measure the kinetics parameters of the Cu2+ +e Cu1+ reaction in ethaline DES have yielded a cathodic charge transfer coefficient (α) in the range of 0.2–0.3 suggesting an unexpected asymmetric polarization behavior. In the present work, we pursued a comprehensive study of the kinetics and transport properties of the aforementioned reaction. Using …

The Costs Of Trademarking Dolls, Jessica Silbey

Faculty Scholarship

Professor Curtin’s article, Zombie Cinderella and the Undead Public Domain, takes a recent case from the Trademark Trial and Appeal Board (TTAB) as the basis for an argument that trademark doctrine needs stronger protection against the exclusive commercial appropriation of characters that are in the public domain. In that case, a doll manufacturer sought to register the term “Zombie Cinderella” for a doll that was zombie-ish and princess-like. The examiner refused registration because the term “Zombie Cinderella” for this kind of doll was confusingly similar to the mark for Walt Disney’s Cinderella doll. Although the TTAB overturned the examiner’s …

Safety Of Creatine Supplementation In Active Adolescents And Youth: A Brief Review, Andrew R. Jagim, Richard A. Stecker, Patrick S. Harty, Jacob L. Erickson, Chad M. Kerksick

Faculty Scholarship

Creatine has been extensively researched and is well-supported as one of the most effective dietary supplements available. There is overwhelming support within the literature regarding the ability of creatine to augment performance following short term (5–7 days) and long-duration supplementation periods. There is also strong support for creatine regarding its safety profile and minimal risk for adverse events or any negative influence on markers of clinical health and safety. Recent research has also highlighted the ability of creatine to confer several health-related benefits in select clinical populations in addition to offering cognitive benefits. Creatine is also a popular supplement of …