Digital Commons Network^™

The Ftc As Internet Privacy Norm Entrepreneur, Steven Hetcher

Vanderbilt Law Review

This symposium explores the economic approach to intellectual property law. This Article concerns a particular type of intellectual good-personal data. Personal data is an increasingly important topic because of its connection to the issue of Internet privacy, which has recently taken center stage in the public policy arena.

Boiled down to its core, the Internet privacy debate is a debate about who should control personal data-Internet users (data subjects) or websites. The scope of website data collection practices is expanding dramatically, due in large part to technological advances such as cookies, Web-crawlers, and Web-cams. If Internet users are unable to …

Constitutional Change And International Government, Chantal Thomas

UC Law Journal

This Article argues that the rise of economic regulation by international organizations is transforming federal government in much the same way as the rise of administrative agencies transformed it at the beginning of the twentieth century. Just as administrative agencies came to be recognized as a de facto "fourth branch" of federal government, United States participation in international economic organizations has generated a de facto "international branch" of federal government.

There are striking similarities between this international branch and the administrative branch; the differences that exist suggest the rise of international government may be even more revolutionary. The construction of …

Copyright And The Perfect Curve, Julie E. Cohen

Vanderbilt Law Review

Everyone agrees that the purpose of the copyright system is to promote progress.' At the same time, though, skepticism about the law's ability to define the substance of progress runs deep within copyright case law and theory. Legal decisionmakers and scholars have quite properly doubted their own ability to evaluate artistic or literary merit, and have worried that efforts to do so would result in an inappropriately elitist and conservative standard. In addition, there is room for substantial debate about whether the metaphor of forward motion leaves out other important measures of what "progress" is or might be. This agnosticism …

Games Economists Play, Rochelle C. Dreyfuss

Vanderbilt Law Review

When Professor Reichman called me about this symposium, I was intrigued. With the successive introduction of the photocopy machine, the videotape, computerization, digitization, the Internet, as well as a host of biotechnological discoveries, the problems facing the creative industries have changed dramatically. This accumulation of developments has altered the economic foundations on which intellectual property law is based and has pushed those of us in the field into a period of reconceptualization in which economic analysis is particularly fruitful. Thus, I was quite taken with the idea of bringing intellectual property and economics scholars together to promulgate a research agenda …

Analyze This: A Law And Economics Agenda For The Patent System, Rebecca S. Eisenberg

Vanderbilt Law Review

Patent law as a field of academic study has benefited enormously from the attention of economists. Indeed, law professors are relative newcomers to the academic patent field, trickling in behind the economists in small but growing numbers as patent law evolves from an arcane, practitioner-taught specialty to a less marginal role in law school curriculums.' Yet considering the prominence of economists in academic discourse about the patent system, they have had relatively little impact on patent law and policy. One reason for this disparity between the role of economists in the academy and in policy arenas may be the indeterminacy …

The Pharmaceutical Industry And World Intellectual Property Standards, F. M. Scherer

Vanderbilt Law Review

When I was a high school student during the late 1940s, the first so-called "wonder drugs"-initially penicillin and then the broad-spectrum antibiotics such as tetracycline-were entering the U.S. market. From their profitable experience developing the broad- spectrum antibiotics, the leading pharmaceutical companies of America and Europe acquired a strong research orientation that led to a cascade of new therapeutic entities, including additional anti-infectives, vaccines, diuretics, and then other agents to reduce heart attack risks, tranquilizers, antidepressants, birth control pills, anti-fungal agents, immuno suppressants, corticosteroids, AIDS inhibitors, powerful pain relief agents, and many other agents effective against specific diseases. Thanks to …

An Unhurried View Of Private Ordering In Information Transactions, Yochai Benkler

Vanderbilt Law Review

We stand at an unprecedented moment in the history of exclusive private rights in information ("EPRIs").' Technology has made it possible, it seems, to eliminate to a large extent one aspect of what makes information a public good-its nonexcludability. A series of laws-most explicitly the Digital Millennium Copyright Act ("DMCA") and the Uniform Computers Information Transactions Act ("UCITA")-are building on new technologies for controlling individual uses of information goods to facilitate a perfect enclosure of the information environment.

The purpose of this Essay is to explain why economic justifications interposed in favor of this aspect of the enclosure movement are, …

Who's Patenting What? An Empirical Exploration Of Patent Prosecution, John R. Allison, Mark A. Lemley

Vanderbilt Law Review

Patents are big business. Individuals and companies are obtaining far more patents today than ever before. Some simple calculations make it clear that companies are spending over $5 billion a year obtaining patents in the U.S.- to say nothing of the costs of obtaining patents elsewhere, and of licensing and enforcing the patents. There are a number of reasons why patenting is on the rise; primary among them are a booming economy and a shift away from manufacturing and capital-intensive industries towards companies with primarily intellectual assets. But whatever the reason, it is evident that many companies consider patents important. …

Position Of Γ-Chain Carboxy-Terminal Regions In Fibrinogen/Fibrin Cross-Linking Mixtures, Kevin R. Siebenlist, David A. Meh, Michael W. Mosesson

Biomedical Sciences Faculty Research and Publications

There are conflicting ideas regarding the location of the carboxyl-terminal regions of cross-linked γ-chain dimers in double-stranded fibrin fibrils. Some investigators believe that the chains are always oriented longitudinally along each fibril strand and traverse the contacting ends of abutting fibrin D domains (“DD-long” cross-linking). Other investigations have indicated instead that the chains are situated transversely between adjacent D domains in opposing fibril strands (transverse cross-linking). To distinguish between these two possibilities, the γ dimer composition of factor XIIIa-cross-linked fibrin/fibrinogen complexes that had been formed through noncovalent D/E interactions between fibrinogen D domains and fibrin E domains was examined. Two …

From Hopeful Monsters To Homeotic Effects: Richard Goldschmidt's Integration Of Development, Evolution, And Genetics, Michael Dietrich

Dartmouth Scholarship

Richard Goldschmidts research on homeotic mutants from 1940 until his death in 1958 represents one of the first serious efforts to integrate genetics, development, and evolution. Using two different models, Goldschmidt tried to show how different views of genetic structure and gene action could provide a mechanism for rapid speciation. Developmental systems were emphasized in one model and a hierarchy of genetic structures in the other. While Goldschmidt tried to find a balance between development and genetics, critics, such as Sewall Wright, urged him and eventually helped him incorporate population dynamics into his models as well. As such, the history …

Proactive Legislation And The First Amendment, Stuart Minor Benjamin

Michigan Law Review

It is a commonplace that the world is changing rapidly, with whole sectors of the economy being transformed. New forms of communication, like the World Wide Web, e-mail, and satellite television, have risen from obscurity to ubiquity in less than a decade. The speed of these changes has led some to express concern about the ability of governments to respond. The fear is that governments cannot keep up with developments as they occur and thus get hopelessly behind. The solution, according to some, is for the government to act proactively - before a harm has arisen, so that the government …

Judges, Juries, And Patent Cases - An Emprical Peek Inside The Black Box, Kimberly A. Moore

Michigan Law Review

The frequency with which juries participate in patent litigation has skyrocketed recently. At the same time, there is a popular perception that the increasing complexity of technology being patented (especially in the electronic, computer software, biological and chemical fields) has made patent trials extremely difficult for lay juries to understand. These developments have sparked extensive scholarly debate and increasing skepticism regarding the role of juries in patent cases. Juries have participated in some aspects of patent litigation since the enactment of the first patent statute in 1790, which provided for "such damages as shall be assessed by a jury." The …

The Exclusion Of Hiv-Positive Immigrants Under The Nicaraguan Adjustment And Central American Relief Act And The Haitian Refugee Immigration Fairness Act, Statutory Interpretation, Communicable Disease, Public Health, Legislative Intent, Shayna S. Cook

Michigan Law Review

The United States has turned away immigrants infected with the human immunodeficiency virus ("HIV") under the public health exclusion of the Immigration and Nationality Act ("INA") since the mid-1980's. Since Congress codified the HIV exclusion in 1993, any alien applying for an immigrant or nonimmigrant visa, adjustment of status to lawful permanent resident, or refugee status must first have a blood test for HIV. The HIV exclusion is not absolute, however. Each HIV-positive alien can apply for one of two waivers of the HIV exclusion that are available in the INA. When an alien applies for immigrant or permanent resident …

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

Straight From The Heart, Volume 2, Number 3, Sacred Heart University

News, Magazines and Reports

Highlights: CCJU receives record $1 million gift --SHU Forum explores Catholicism's role in higher education --Theatre launches renovation project --Lombardi leads WSHU's rise --Coaches Corner: Tara Jelley --Dr. Rose's election night analysis aired by WSHU.

Rhizosphere Competitiveness Of Trichloroethylene-Degrading, Poplar-Colonizing Recombinant Bacteria, Hojae Shim, Sadhana Chauhan, Doohyun Ryoo, Kally Bowers, Stuart M. Thomas, Keith A. Canada, Thomas K. Wood, Joel Gerard Burken

Civil, Architectural and Environmental Engineering Faculty Research & Creative Works

Indigenous bacteria from poplar tree (Populus canadensis var. eugenei `Imperial Carolina') and southern California shrub rhizospheres, as well as two tree-colonizing Rhizobium strains (ATCC 10320 and ATCC 35645), were engineered to express constitutively and stably toluene o-monooxygenase (TOM) from Burkholderia cepacia G4 by integrating the tom locus into the chromosome. The poplar and Rhizobium recombinant bacteria degraded trichloroethylene at a rate of 0.8 to 2.1 nmol/min/mg of protein and were competitive against the unengineered hosts in wheat and barley rhizospheres for 1 month (colonization occurred at a level of 1.0 × 10⁵ to 23 × 10^{5 …}

Second-Harmonic And Sum-Frequency Imaging Of Organic Nanocrystals With Photon Scanning Tunneling Microscope, Yuzhen Shen, Jacek Swiatkiewicz, Jeffrey G. Winiarz, Przemyslaw P. Markowicz, Paras N. Prasad

Chemistry Faculty Research & Creative Works

Second-harmonic generation and sum-frequency generation with photon scanning tunneling microscopy and shear-force detection are used to map the nonlinear optical response and the surface topograph of N-(4-nitrophenyl)-(L)-prolinol crystals with a subdiffraction-limited resolution. The domain-size dependence of the spatial feature is obtained, which shows the local orientational distribution of the optical near field radiated by nonlinear nanocrystals and reveals the difference between nanoscopic and macroscopic second-order optical nonlinearities of molecular crystals.

Taking Pierce Seriously: The Family, Religious Education, And Harm To Children, Richard W. Garnett

Journal Articles

Many States exempt religious parents from prosecution, or limit their exposure to criminal liability, when their failure to seek medical care for their sick or injured children is motivated by religious belief. This paper explores the question what, if anything, the debate about these exemptions says about the state's authority to override parents' decisions about education, particularly religious education. If we accept, for example, that the state may in some cases require medical treatment for a child, over her parents' objections, to avoid serious injury or death, should it follow that it may regulate, or even forbid, a child's religious …

Review Of The Cold War: A History In Documents, David Lindsey Snead

Faculty Publications and Presentations

No abstract provided.

Central Florida Future, November 1, 2000

Central Florida Future

High tide for UCF; Cultural Awareness provided by annual International Fair; Students take part in debate held at UCF.

Women And Christianity: The First Thousand Years V 1, Oscar Cole-Arnal

Consensus

No abstract provided.

Adult Student Satisfaction With Overall Learning Experiences At East Tennessee State University., Linda Gale Wyatt

Electronic Theses and Dissertations

This study examined adult students' perceptions of satisifaction levels within specific areas of the ETSU campus. The population surveyed included 106 undergraduate adult learners aged 25 years and older. The Noel Levitz Student Satisfaction Inventory, 4-year College and University Version was the survey instrument used to share feedback about the adult learners' collegiate experiences thus far. Responses received would give campus leadership feedback about the satisfaction levels of adult learners at ETSU.

The purpose of this study was to determine if the adult learner at ETSU is satisfied with his/her overall learning experience. Adult students were asked to rank programs …

Organizing For National Security, Douglas Stuart Dr.

Books, Monographs & Collaborative Studies

Over the last decade the United States has been confronted with not just the collapse of the Soviet empire but also with revolutionary scientific breakthroughs, the transformation of the global economy, and the erosion of many of the basic premises of the Westphalian system of international order. The U.S. policy community has attempted to make sense of these and other changes by recourse to bodies such as the National Defense Panel and the U.S. Commission on National Security/21st Century (USNCS/21). The USNCS/21 is currently in the third phase of its mandated activities. At the end of phase three, the members …

Permeabilization Of Cochliomyia Hominivorax (Diptera: Calliphoridae) Embryos, Dennis Berkebile, Jan Chirico, Roger A. Leopold

Department of Entomology: Faculty Publications

Embryos of the primary screwworm, Cochliomyia hominivorax (Coquerel), were successfully permeabilized for use in subsequent cryopreservation studies. Mortality was greater for eggs incubated for<5 h before treatment. The mean survival of embryos to first instars was 55.7, 61.1, and 62.6% when the embryos were incubated for 5, 5.5, and 6 h before treatment, respectively. The survival to the pupal and adult stages was low. An improved media for culturing the embryos during and immediately after treatment needs to be devised and the procedure for rearing the larval stages also needs to be altered to improve survival for emerging adults.

Diabetic Autonomic Neuropathy, Awad M. Ahmed, Abbashar Hussein, Nada H. Ahmed

Saudi Medical Journal

OBJECTIVE: The diabetic autonomic neuropathy is a poorly studied subject in our medical literature. This study is aimed at investigating the presence of diabetic autonomic neuropathy in a group of Sudanese diabetic patients and its relationship to factors like glycemic control, duration of diabetes and presence of peripheral neuropathy. METHODS: During one year we examined 120 diabetic patients and an age-matched control group of 42 by applying a battery of 5 cardiovascular autonomic tests, beside a full history and clinical examination. The patients were also tested for glycemic control and presence of peripheral neuropathy. RESULTS: Diabetic autonomic neuropathy was diagnosed …

Bronchoscopy, Indications, Safety And Complications, Omer S. Alamoudi, Susan M. Attar, Tawfik M. Ghabrah, Mohammed A. Kassimi

Saudi Medical Journal

OBJECTIVE: To review the safety, indications, complications of flexible fiberoptic bronchoscopies performed at university teaching hospital, and to correlate the bronchoscopic findings with radiology, histology, and history of smoking. METHODS: A total of 124 consecutive flexible fiberoptic bronchoscopies were reviewed in the last 3 years. A special form that contains personal data, indications, premedications, route of insertion, bronchoscopic findings, and complications in subjects-undergone bronchoscopy was completed. RESULTS: A suspicion of pulmonary tuberculosis (31%), lung mass (19%) and hemoptysis (18%) were the most common indications. Hypoxemia (14%) during procedure and pneumothorax post procedure were the most common complications. Mortality rate was …

Screening For Asthma And Associated Risk Factors Among Urban School Boys In Abha City, Mohammed A. Alshehri, Mostafa A. Abolfotouh, Ali Sadeg, Youssef M. Al-Najjar, Asindi A. Asindi, Hassan Al-Trabulsi, Suleiman Al Fifi, Abdulrahman Al Frayh

Saudi Medical Journal

OBJECTIVE: The objective of the present study was to measure the prevalence of asthma and asthma-related symptoms among male school children in Abha City and to determine some of the possible risk factors influencing its occurrence. METHODS: A randomly selected sample of 4300 male school children aged 7 to 15 years in Abha were subjected to a previously validated questionnaire for asthma to be completed by parents. Asthma was identified based on the Rush Medical College and International Study of Asthma and Allergies in Children questionnaire. Information of asthma family history, asthma related symptoms, and other atopic conditions, smokers in …

Can The Rate Of Cesarean Section Be Reduced?, Ratib A. Mesleh, Ahmad M. Kurdi, Hisham S. Ayoub

Saudi Medical Journal

OBJECTIVE: To look into all cases with previous one cesarean section who were cared for and delivered at Armed Forces Hospital, Riyadh, between January 1990 and December 1998, to determine its prevalence, final method of delivery, and outline measures of reducing its incidence. METHODS: Retrospective analysis of hospital records of all women with previous one cesarean section who had either a repeat cesarean section or delivered vaginally after cesarean section. RESULTS: Between 1990 and 1998, 61,060 mothers were delivered. Two thousand five hundred and seventy eight patients had one previous cesarean section. They represented 3.5% of the total number of …

Prognostic Significance Of Endometrial Evaluation By Ultrasonography In Ovulation Induced Cycles, Walid K. Idriss, Mohamed A. Mohiuddin, Mini Zachariah, K. Sambasivarao

Saudi Medical Journal

OBJECTIVE: To find out prognostic significance of pre-ovulatory endometrial evaluation by ultrasound scanning after exposure to the drugs during different protocols of ovulation induction with particular reference to clomiphene citrate and to correlate with pregnancy rate. METHODS: The thickness and texture of endometrium were the two biophysical parameters considered to be evaluated by ultrasonography. The cycles of 47 women of primary infertility were studied after ovulation induction by 4 types of protocols with or without clomiphene citrate. RESULTS: The pregnancy rate was recorded highest (36%, 5/14) in the exclusive treatment group of clomiphene citrate protocol. Most of the women in …

To Ligate Or Not To Ligate The Hernial Sac In Adults?, Kamal I. Gharaibeh, Yousef Y. Matani

Saudi Medical Journal

OBJECTIVE: Prospective evaluation of the long term effect of leaving the hernial sac open without ligation on the recurrence rate of indirect inguinal hernia repair. METHODS: During the period from July 1987 to July 1990, a total of 60 consecutive patients with 64 indirect inguinal hernia were entered into this prospective study. The indirect inguinal hernia was repaired using Maloney technique with excision of the hernial sac proximally as deep as possible without any attempt to ligate or transfix the sac. All patients were followed up at regular intervals. RESULTS: During the 3-year period, a total of 64 indirect inguinal …