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2000

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Patent Rights And Licensing, Michael S. Baram, Ashley Stevens, Thomas Meyers, Michael J. Meurer Jan 2000

Patent Rights And Licensing, Michael S. Baram, Ashley Stevens, Thomas Meyers, Michael J. Meurer

Faculty Scholarship

This panel will discuss intellectual property - the patent incentive, patentability issues, licensing, and litigation-related matters. It will be moderated by Dr. Ashley Stevens, the Director of the Office of Technology Transfer at Boston University. Ashley has multiple degrees, including a doctorate in physical chemistry from Oxford University. He has worked in the biotech industry for a number of years, mostly with startup companies and academic research organizations such as the Dana Farber Cancer Institute, where he was also Director of Technology Transfer. Ashley was instrumental in the startup and operations of firms such as Biotechnica International, and started his …

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Symposium: Regulatory And Liability Considerations, Michael S. Baram, Ellen Flannery, Patricia Davis, Gary Marchant Jan 2000

Symposium: Regulatory And Liability Considerations, Michael S. Baram, Ellen Flannery, Patricia Davis, Gary Marchant

Faculty Scholarship

You can tell from remarks by prior speakers that regulatory approvals and liability prevention are of critical importance to progress in biomaterials. Gene therapy trials and the tragic outcomes of some of those trials have raised the specter of government suspension of clinical studies, termination of funding, and potential liability for personal injury under malpractice or products liability doctrines. Regulatory requirements and the terms of research grants and contracts have to be very carefully addressed by organizations testing, developing, making, selling and using biomaterials, biotechnology, and medical devices. However, many regulatory requirements are incomplete, ambiguous and confusing because the agencies …

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Limited Liability And Creditors' Rights: The Limits Of Risk Shifting To Creditors, Frederick Tung Jan 2000

Limited Liability And Creditors' Rights: The Limits Of Risk Shifting To Creditors, Frederick Tung

Faculty Scholarship

In this Symposium, we were asked to identify and articulate the nature of our passion for teaching corporate law. My passion-a bit odd in this context, perhaps-is bankruptcy. In addition to teaching the basic Corporations course, I also teach Corporate Reorganization and Bankruptcy, and my research has focused primarily on corporate reorganization issues. As I say, my particular passion may seem out of place in the context of this Symposium. The corporation is an engine for maximizing wealth. Yet we bankruptcy types obsess about financial ruin. We pray for the next recession. We sell short. Our chips sit on the …

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The Future Claims Representative In Mass Tort Bankruptcy: A Preliminary Inquiry, Frederick Tung Jan 2000

The Future Claims Representative In Mass Tort Bankruptcy: A Preliminary Inquiry, Frederick Tung

Faculty Scholarship

Mass torts have becomemoved center stage in the courts, the academy, and the popular press. The plight of mass tort victims—asbestos victims, Dalkon shield users, breast implant recipients, among others—has become standard fare in the media., and cCourts and commentators have struggled for several decades attempting to craft just and workable solutionsresolutions of mass tort liabilities. The challenge is to save the business, restructuring its debts, while providing fair treatment to future claimants and achieving a final resolution of their rights against the business.

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Copyright, Wendy J. Gordon, Robert G. Bone Jan 2000

Copyright, Wendy J. Gordon, Robert G. Bone

Faculty Scholarship

Copyright is the branch of Intellectual Property Law that governs works of expression such as books, paintings and songs, and the expressive aspects of computer programs. Intellectual products such as these have a partially public goods character: they are largely inexhaustible and nonexcludable. Intellectual Property Law responds to inexcludability by giving producers legal rights to exclude nonpayers from certain usages of their intellectual products. The goal is to provide incentives for new production at fairly low transaction costs. However, the copyright owner will charge a price above marginal cost and this, coupled with the inexhaustibility of most copyrighted products, creates …

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Fine-Tuning Tasini: Privileges Of Electronic Distribution And Reproduction, Wendy J. Gordon Jan 2000

Fine-Tuning Tasini: Privileges Of Electronic Distribution And Reproduction, Wendy J. Gordon

Faculty Scholarship

The United States Court of Appeals for the Second Circuit is arguably the soundest copyright court in the nation. In Tasini v. New York Times, it handled a challenge brought by a group of freelance writers against publishers and database proprietors. The controversy, now pending in the United States Supreme Court, has wide importance because it will determine what entitlements attach to a publisher who purchases a privilege to include a freelancer's story in the publisher's magazine or newspaper. Essentially, the issue is whether a publisher, who has not purchased the story's copyright and has not obtained an explicit …

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The Constitutionality Of Copyright Term Extension: How Long Is Too Long?, Jane C. Ginsburg, Wendy J. Gordon, Arthur R. Miller, William F. Patry Jan 2000

The Constitutionality Of Copyright Term Extension: How Long Is Too Long?, Jane C. Ginsburg, Wendy J. Gordon, Arthur R. Miller, William F. Patry

Faculty Scholarship

I am Professor William Patry of the Benjamin N. Cardozo School of Law. I will be the moderator of this star-studded debate on the Sonny Bono Copyright Term Extension Act.

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A Proposal For A New Massachusetts Notoriety For Profit Law: The Grandson Of Sam, Sean J. Kealy Jan 2000

A Proposal For A New Massachusetts Notoriety For Profit Law: The Grandson Of Sam, Sean J. Kealy

Faculty Scholarship

In recent years, two women stood convicted of highly publicized major crimes in Massachusetts. Katherine Ann Power ("Power") was a fugitive who committed felony-murder in 1970. She led a life on the run as a fugitive until 1993 when she revealed her true identity and surrendered to authorities to face the consequences of her crimes. Louise Woodward ("Woodward"), an au pair originally from England, gained notoriety on both sides of the Atlantic Ocean when she was convicted of killing the baby entrusted to her care. Both women captured the attention of the national media for months and reportedly had opportunities …

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When Fathers' Rights Are Mothers' Duties: The Failure Of Equal Protection In Miller V. Albright, Kristin Collins Jan 2000

When Fathers' Rights Are Mothers' Duties: The Failure Of Equal Protection In Miller V. Albright, Kristin Collins

Faculty Scholarship

The history of coverture and the transmission of American citizenship brings an elementary point into focus: The allocation of parental rights is always correlated with the allocation of parental responsibility. This basic legal truism, and its numerous implications for citizenship law, suggests that the principal gender injustice caused by § 1409 is not its truncation of fathers' rights, but its creation and perpetuation of a legal regime in which mothers assume full responsibility for foreign-born nonmarital children. Once we recognize this gendered operation of § 1409, broader failures of equal protection analysis come into relief. First, while the jurisprudential understanding …

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Improvement Of Reconciliation For Quantum Key Distribution, Keath Chen Jan 2000

Improvement Of Reconciliation For Quantum Key Distribution, Keath Chen

Theses

Quantum Key Distribution is meant to be an ultimate computer security system that will not need upgrade/overhaul from time to time. QKD allows the generation of long key length on demand. QKD, coupled with the unconditional secure "one-time pad" encryption system, will be unbreakable for eavesdropper with infinite resources. Numerous experimental QKD prototypes have demonstrated that QKD is likely to be a reality before quantum computer. One of the steps in a Quantum Key Distribution protocol is to remove the transmission errors from quantum communication, which typically has a high error rate (one percent or higher). An interactive error control …

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Education Virtual Communities, Stanley Andersen Jan 2000

Education Virtual Communities, Stanley Andersen

Theses

Distance Learning is a prime area for expansion of a new internet business/community model since there is currently no broad-based application servicing this function. The goal of this project is to investigate and prepare the basis for a proposal to a financial backer such as AT&T or one of the large internet service providers. A major part of the paper will investigate the current state of the distance learning internet environment and how to improve it. One of the main improvements concerns the need for a standard interface, which should include a learning tool such as RIT's colloquy software. Continuing/lifelong …

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A Study Discussing The Future Outlook Of Reits After The Reit Modernization Act, Amit Verma Jan 2000

A Study Discussing The Future Outlook Of Reits After The Reit Modernization Act, Amit Verma

Theses

Real Estate Investment Trust, which originated in 1960, gained popularity since 1991, when a large number of real estate companies went public. Paired Share structure, has been underscored throughout this thesis, as the whole research was limited to few companies named Starwood, Patriot American, Meditrust, and First Union who used this structure aggressively to acquire corporations. Paired Share REIT Structure refers to the REIT and a C-corporation being traded together under one symbol in the stock market. So, the investors get the combined profits from both the companies, which makes this structure extremely popular among the shareholders. Paired Share REIT …

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Patient Satisfacation At Visiting Nurse Service, Richard Williams Jan 2000

Patient Satisfacation At Visiting Nurse Service, Richard Williams

Theses

Home Health Care is one of the fastest growing industries in the health field. The potential customers are the largest growing new population - the elderly. Quality service and patient satisfaction will be a big issue with the baby boomers as they move into the senior citizen arena. The purpose of this thesis is to describe the relationship between patient satisfaction and employee satisfaction at Visiting Nurse Service using the elements of the Service Profit Chain.

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The Evolution Of Internet Interconnections, Sean Butler Jan 2000

The Evolution Of Internet Interconnections, Sean Butler

Theses

In 1995, the NSF officially shut down the NSFNet backbone, thereby ending the nascent Internets early architecture as a single backbone network. Today, the Internet is a group of loosely interconnected networks run by many diverse companies. These interconnections are in no way controlled by any industry or government agency, and are therefore held together only by the market demands of the Internet community. Although the FCC has traditionally maintained a stance of "unregulation" of all information and computer networks, they have increasingly show interest in ensuring the rapid deployment of Internet access. In addition, as more and more critical …

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Traditional Classroom Versus Distance Learning Approaches In Providing Eduactaion For Students At The College Of Applied Science And Technology At Rit, Ryan Griske Jan 2000

Traditional Classroom Versus Distance Learning Approaches In Providing Eduactaion For Students At The College Of Applied Science And Technology At Rit, Ryan Griske

Theses

This thesis discusses the current controversial issue of traditional classroom vs. distance learning approaches in higher education institutions using a case study in the College of Applied Science and Technology at RIT. The most important question addressed in the thesis is, "Are distance learning methods effective for addressing university-level learning goals?" (Kathleen Davey, 1999, p. 45). There are currently many disputes between educational researchers on this issue. The first four chapters cover details of the proposal stage as previously approved by the Thesis Committee. Chapter One briefly introduces this issue and several important terms used throughout the thesis (e.g., distance …

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Nonlinear Ultrasound Image Modeling: Development Of A Complete End-To-End Model For Qualitative And Quantitative Analysis Of Medical Ultrasound, Kevin Ayer Jan 2000

Nonlinear Ultrasound Image Modeling: Development Of A Complete End-To-End Model For Qualitative And Quantitative Analysis Of Medical Ultrasound, Kevin Ayer

Theses

Finite amplitude sound propagation undergoes nonlinear distortion due to continuous path interaction with the propagation medium. This distortion tends to defocus the beam causing significant lateral and contrast resolution degradation. Fundamental understanding of this interaction requires development of computational models that accurately predict the nonlinear interaction - development of media-borne harmonics - as well as produce an ultrasound image - introduction of transducer effects, interface transitions, and innovative image processing to extract harmonics. Most computational models of ultrasound propagation assume axial symmetry for computational expediency. Two notable exceptions are the K-Z-K and NLP models. A new endto- end model, NUPROP, …

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Who Shall We Admit To Our Club?, Lawrence Raful Jan 2000

Who Shall We Admit To Our Club?, Lawrence Raful

Scholarly Works

No abstract provided.

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Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin Jan 2000

Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin

Scholarly Works

No abstract provided.

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The Causes And Effects Of Job Dissatisfacation Among Emergency Room Nurses, Karen Shuptar Jan 2000

The Causes And Effects Of Job Dissatisfacation Among Emergency Room Nurses, Karen Shuptar

Theses

Statistics point to the fact that there is a nursing shortage. The number of people entering the field of nursing is declining and the number of nurses leaving the field is increasing. According to past studies, one of the reasons nurses are leaving the field is due to job dissatisfaction. This paper focuses on emergency room nurses at Strong Memorial Hospital, in Rochester, New York. The causes of their job dissatisfaction are studied as well as the effect their dissatisfaction has on their nursing careers. The results of this study indicate that emergency department nurses at Strong do not want …

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A Comparative Pricing Analysis Of Sabre Versus Travelocity, Kathleen Muldermans Jan 2000

A Comparative Pricing Analysis Of Sabre Versus Travelocity, Kathleen Muldermans

Theses

The scope of the problem [presented in this thesis] is a comparative study on costs for the traveling public using an Internet travel site versus the traditional computer reservation system...this study will strictly look at price differences between one CRS and one Internet travel site.

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Design Of A Wristwatch Pda, Kun-Chi Wu Jan 2000

Design Of A Wristwatch Pda, Kun-Chi Wu

Theses

This thesis concerns the design of a Wrist Device for assisting a person in one's daily tasks. Wouldn't it be nice if we could fit all the communication and data management tools we ever needed on our wrist? I personally like the idea. It is not because I am a watch collector that I chose to design a wrist style PDA.1 I think to put a PDA on your wrist is not only a very cool idea, but also the best way of carrying a really personal device with you. Since we are already used to putting a watch on …

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Hepatitis C: Knowledge, Attitudes And Practices Among Orthopedic Trainee Surgeons In Pakistan, J S. Rana, A R. Khan, A A. Haleem, F N. Khan, A Gul, A R. Sarwari Jan 2000

Hepatitis C: Knowledge, Attitudes And Practices Among Orthopedic Trainee Surgeons In Pakistan, J S. Rana, A R. Khan, A A. Haleem, F N. Khan, A Gul, A R. Sarwari

Section of Gastroenterology

No abstract provided.

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Table Of Contents - Issue 1 Jan 2000

Table Of Contents - Issue 1

Journal of Dispute Resolution

No abstract provided.

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Variations In Mediation: How - And Why - Legal Mediators Change Styles In The Course Of A Case, Dwight Golann Jan 2000

Variations In Mediation: How - And Why - Legal Mediators Change Styles In The Course Of A Case, Dwight Golann

Journal of Dispute Resolution

I will seek to show in this article that professional legal mediators in fact use a variety of styles, and that they change their approach constantly during a single mediation, even within a single meeting with a disputant. I will argue that these stylistic changes are the norm rather than the exception in the mediation of civil legal disputes and that the use of evaluative techniques is also frequent, even among those mediators who favor a broad, facilitative approach. Finally, I will describe the contrasting styles that the filmed mediators used in the same dispute and argue that these variations …

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Some Reflections On Adr, James F. Henry Jan 2000

Some Reflections On Adr, James F. Henry

Journal of Dispute Resolution

It may be time for practitioners and theorists who have contributed quality and innovation to the ADR movement to declare victory. It also may be time to "cut and run," because ADR must address some difficult issues if it is to realize its full potential. So far, we have assembled an excellent state-of-the-art in a relatively short period, but we have paid relatively little attention to the ADR infrastructure required to fulfill the quality and promises of ADR. It is that delivery system of ADR which will determine the degree of economy, accessability, expedience, innovation and party control that are …

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Turning The Ship Of State, Jeffrey M. Senger Jan 2000

Turning The Ship Of State, Jeffrey M. Senger

Journal of Dispute Resolution

In his thoughtful article on the future of ADR, Professor Frank Sander notes, "On Monday, Wednesday and Friday, I think we've made amazing progress. On Tuesday, Thursday and Saturday, ADR seems more like a grain of sand on the adversary system beach."' In the federal government, I believe things are somewhat better than that. Perhaps five days out of seven I am impressed with the progress of the government in implementing ADR, particularly in the last ten years, which I will describe below. The other two days, like Professor Sander, I become more discouraged as we run into one of …

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Is Binding Arbitration A Form Of Adr: An Argument That The Term Adr Has Begun To Outlive Its Usefulness, Jean R. Sternlight Jan 2000

Is Binding Arbitration A Form Of Adr: An Argument That The Term Adr Has Begun To Outlive Its Usefulness, Jean R. Sternlight

Journal of Dispute Resolution

While the semantic question may be uninteresting, I suggest that it is useful to ask the normative question of how we should categorize binding arbitration.'7 Again, there may be no clear "right" answer. Nevertheless, addressing the question of the appropriate categorization of binding arbitration provides a good means for rethinking the nature of binding arbitration, what we mean by ADR, and how the variety of dispute resolution techniques typically grouped together as ADR relate to litigation. Artificially grouping these disparate processes together under the "ADR" umbrella is beginning to prove problematic. While we may continue to use the phrase in …

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Consensual Approaches To Resolving Public Policy Disputes, Brett A. Williams Jan 2000

Consensual Approaches To Resolving Public Policy Disputes, Brett A. Williams

Journal of Dispute Resolution

This Comment will explore various consensual approaches and their application to public disputes. Specifically, unassisted and assisted negotiation will be examined in detail.9 In addition, the specific application of consensual approaches will be explored in the context of public environmental disputes.'0 Finally, the issue of alternative resolution to public disputes at the federal administrative level will be examined.

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Search To Clarify An Elusive Standard: What Relationships Between Arbitrator And Party Demonstrate Evident Partiality - Anr Coal Co. V. Cogentrix Of North Carolina, Inc., The, Jennifer C. Bailey Jan 2000

Search To Clarify An Elusive Standard: What Relationships Between Arbitrator And Party Demonstrate Evident Partiality - Anr Coal Co. V. Cogentrix Of North Carolina, Inc., The, Jennifer C. Bailey

Journal of Dispute Resolution

In Commonwealth Coatings Corp. v. Continental Casualty Co.,3 the Supreme Court adopted a standard to determine and define an arbitrator's evident partiality in arbitration proceedings. Lower courts have relied on the Court's treatment of the issue, but this reliance has proved problematic, and led to both federal and state courts adopting inconsistent standards of evident partiality. This Casenote will examine the problems of Commonwealth, its impact on the standards of arbitrator partiality over the past thirty years, its continuing influence on the recent Fourth Circuit Court of Appeals decision in ANR Coal Co. v. Cogentrix of North Carolina, Inc., and …

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Role Of Federal Courts In Assisting International Arbitration - National Broadcasting Co. V. Bear Stearns & (And) Co., The, Thurston K. Cromwell Jan 2000

Role Of Federal Courts In Assisting International Arbitration - National Broadcasting Co. V. Bear Stearns & (And) Co., The, Thurston K. Cromwell

Journal of Dispute Resolution

This Note examines a Second Circuit decision that determined private, international arbitration proceedings do not qualify for the same discovery assistance as do foreign, governmental proceedings under 28 U.S.C. § 1782 ("§ 1782"). This Note will focus on the Second Circuit's controversial interpretation of § 1782 and its impact on the future of private, international arbitration.

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