Digital Commons Network^™

Jack And The Beanstalk: Property Rights In Genetically Modified Plants, Nathan A. Busch

Minnesota Journal of Law, Science & Technology

No abstract provided.

To Use Or Not To Use: Reforming Patent Infringement, The Public Use Bar, And The Experimental Use Doctrine As Applied To Clinical Testing Of Pharmaceutical And Medical Device Invention, Shashank Upadhye

Minnesota Journal of Law, Science & Technology

No abstract provided.

The Postmodern Written Description Requirement: An Analysis Of The Application Of The Heightened Written Description Requirement To Original Claims, Shraddha A. Upadhyaya

Minnesota Journal of Law, Science & Technology

No abstract provided.

Narrowing Claim Amendment Or Just Redefining The Invention: Prosecution History Estoppel And The Doctrine Of Equivalents Under Turbocare V. General Electric, Paul C. Onderick

Minnesota Journal of Law, Science & Technology

No abstract provided.

Why Can't The Poor Access Lifesaving Medicines? An Exploration Of Solving The Patent Issue, Samantha Shoell

Minnesota Journal of Law, Science & Technology

No abstract provided.

The Effects Of Administrative Factors On Police Officer Job Performance, Irick Anthony Geary Jr.

Theses and Dissertations

The topic of police management and its effect on officer arrest rates is an important issue that has not received the level of attention it deserves. There is an abundance of available training and a push for better trained police executives. In the present study the relationship between police administrative factors and officer arrest rates are addressed using data from a national probability sample of police departments.

The study uses ordinary least squares regression to analyze the independent relationship between police administrative factors, as measured by the Law Enforcement Management and Administrative Statistics, and officer arrest rates, as measured by …

Annual Report Of The Town Officers Of The Town Of Columbia, New Hampshire, For The Year Ending December 31, 2001, Including Report Of The School Directors., Columbia Town Representatives

Columbia, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Attitudes Toward Spanish Language Maintenance Or Shift (Lmls) In The Lower Rio Grande Valley Of South Texas, Hugo A. Macias, Pamela L. Anderson, Ralph Carlson

Writing and Language Studies Faculty Publications

This article considers attitudes among Spanish/English bilinguals of the Lower Rio Grande Valley of Texas toward Spanish language maintenance or language shift to English. The investigation was undertaken to replicate and compare results with similar data collected in 1982. Since the area has changed socially in the intervening years and is now the third-fastest-growing metropolitan-suburban area in the United States. it seems prudent to reconsider the sociolinguistic attitude changes that may also have occurred. Data collection. sampling. the indices. and the analysis of the 1982 study were replicated as nearly as possible for the present study. Results of the analysis …

235rd Annual Report Of The Selectmen And Other Town Officers, Cornish, New Hampshire, Year Ending December 31, 2001., Cornish Town Representatives

Cornish, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Masthead

Richmond Journal of Law & Technology

No abstract provided.

Bloom V. Commonwealth: Identifying The Face Behind The Instant Message, Jessica Clair Cobaugh

Richmond Journal of Law & Technology

"You have an instant message from Naturalbornkiller2000. Would you like to accept it?" A similar message to this one flashes on computers throughout the United States and the world, inviting computer users to "chat" or "IM" with friends, family and perfect strangers alike. While the opportunity to engage in real-time conversation over the Internet provides an interesting and often less expensive way to keep in touch with friends or to meet new people, instant messages and other Internet communications increasingly appear as a means for adults to interact inappropriately with young children. The use of Internet communication for the solicitation …

The Legislative Response To The Evolution Of Computer Viruses, Mark R. Colombell

Richmond Journal of Law & Technology

On July 19, 2001, and again on July 31, 2001, the United States Government was attacked by a worm. The Code Red worm, a malevolent computer program, spread across the Internet impacting thousands of computers globally. The initial target of the Code Red worm was the White House website. Just days after the terrorist attacks in New York, Washington D.C., and Pennsylvania on September 11, the Nimda virus was unleashed on the Internet. By consuming up to ten percent of the Internet's capacity, Nimda quickly received the distinction as the worst computer infestation to date.

Masthead

Richmond Journal of Law & Technology

No abstract provided.

Case Analysis - In Re Buspirone Patent And Antitrust Litigation, Tim Meade

Richmond Journal of Law & Technology

Section 1 of the Sherman Act criminalizes any conspiracy to restrain trade or commerce within the United States or with foreign nations. Section 2 of the Sherman Act criminalizes any attempt to monopolize any part of trade or commerce within the Unites Stated or with foreign nations.

(En)Raged Or (En)Gaged: The Implications Of Racial Context To The Canadian Provocation Defense, Camille A. Nelson

University of Richmond Law Review

Ice hockey is Canada's national pastime, much like baseball is for many Americans. This fact makes the case of Regina v. Smithers all the more interesting.

Treating Persons As Ends In Themselves: The Legal Implications Of A Kantian Principle, R. George Wright

University of Richmond Law Review

In one of the most stirring passages in modern ethics, Immanuel Kant famously enjoins: "act that you use humanity, whether in your own person or in the person of any other, always at the same time as an end, never merely as a means." Precisely what Kant means here, however, is not entirely clear. More than one interpretation of this formula is possible. But the importance of Kant's "formula of ends" in modern moral philosophy is impossi- ble to deny.

Signaling, Legitimacy, And Compliance: A Comment On Posner's Law And Social Norms And Criminal Law Policy, Tracey L. Meares

University of Richmond Law Review

Although criminal law can be justified with respect to non-utilitarian goals such as retribution, no one can deny that one way to justify criminal law is with respect to the instrumental ends of deterrence. So, one question of interest to scholars in the field has been how to think about the kinds of criminal law policy that encourage compliance. My own work has focused on this important question. Specifically, I have been concerned with the ways in which different kinds of criminal proscriptions, along with certain methods of law enforcement, could affect crime rates in disadvantaged, urban neighborhoods. In undertaking …

Predicting Defection, Elmer J. Shaefer

University of Richmond Law Review

Eric Posner's cooperation theory of social norms develops from rational choice theory an austere and powerful explanation of why people comply with social norms. He illustrates his theory with subtle analysis of a number of legal issues. The book will help anyone influenced by law and economics to incorporate into her thinking the work in sociology, psychology, and ethics that bears on human behavior. Most readers will find applications for Posner's theory.

The Blurry Line Between "Mad" And "Bad": Is "Lack-Of-Control" A Workable Standard For Sexually Violent Predators?, Georgia Smith Hamilton

University of Richmond Law Review

In January 1993, thirty-one-year-old Michael Crane entered a tanning salon in Johnson County, Kansas and exposed himself to the nineteen-year-old female attendant. Thirty minutes later, he entered a nearby video store and waited for all of the customers to leave. Once the store was empty, Crane exposed himself to the twenty-year-old female clerk, threatened to rape her, grabbed her by the back of the neck, and demanded that she perform oral sex on him. He then suddenly and abruptly stopped the attack and ran out ofthe store.

The Strategic Alternative: How State Takings Statutes May Resolve The Unanswered Questions Of Palazzolo, Michael A. Culpepper

University of Richmond Law Review

In a world of "Hobbesian stick[s]" and "Lockean bundle[s]," analytical confusion should be expected. Indeed, critics describe the world of federal takings jurisprudence as "an unworkable muddle," as "a jumble of confusing holdings," and as a body of law existing in "doctrinal and conceptual disarray." Since the United States Supreme Court first considered the regulatory takings issue in Mugler v. Kansas, the Court's inconsistent application of the doctrine has largely conformed to criticism. Governed by abstruse metaphors' and ad hoc analysis, the Court acknowledges its imprecision 9 and often relies upon it.

I'Ll Take My Sin Taxes Unwrapped And Maximized, With A Side Of Inelasticity, Please, David J. Depippo

University of Richmond Law Review

Why tax? Are taxes truly "what we pay for [a] civilized society?" Or, are taxes merely collected "to pay for the responsibilities we have assigned to our [g]overnment?" Despite the debate that might erupt over whether the implementation of responsible government is synonymous with the promotion of civilized society, all entities need money to operate. The government is no different. So, while the initial answer to the opening question is simple, it only begs the more serious of inquiries; the government having the power to tax, so, what shall be taxed?

Religion Department—Biot 1133 Old Testament Survey, Steelman Library, Steven M. Fettke

Syllabus Repository

No abstract provided.

The Effects Of An Aquatic Intervention Program On The Discomforts Of Pregnancy, Sheila Anne O'Hanlon Smith

Theses and Dissertations

Approximately 50% to 80% of pregnant women complain of low back pain, edema, and other discomforts. Although exercise programs have been recommended to decrease the discomforts of pregnancy and improve body image. There is a paucity of research in this area. There is very little research on exercise in water, despite theoretical and empirical advantages of such activity.

This study’s aims were to determine the impact of an aquatic exercise intervention program on pregnant women’s body image, self-efficacy, perception of barriers to health-promoting behaviors, health-promoting behaviors, mobility, and discomforts. Pender’s Health Promotion Model (1996) served as the framework for the …

Clarence Thomas: The First Ten Years Looking For Consistency, Mark C. Niles

Faculty Publications

(Excerpt)

Ten years ago, when George Herbert Walker Bush nominated Clarence Thomas to replace Thurgood Marshall as an Associate Justice of the United States Supreme Court, I, like many Americans and most lawyers, waited with interest to hear information about this soon-to-be-powerful man. I had a vague recollection from my recent law school days of hearing about a young, conservative, black federal judge who might be inline for a nomination to the Court. This vague reference was all that I had heard of Clarence Thomas prior to the Fall of 1991.

When stories about Thomas began to appear in the …

On The Hijacking Of Airplanes (And Agencies): The Faa, "Agency Capture," And Airline Security, Mark C. Niles

Faculty Publications

(Excerpt)

On September 11, 2001, millions of Americans watched in awe and horror as over a period of less than two hours, a succession of commercial airliners crashed first into the two World Trade Center towers in New York City, and then into the Pentagon in suburban Virginia. As government officials and news organizations scrambled in the first hours after the events to gather information, possible explanations for the crashes were offered. One theory was the obvious assumption that the planes had all been hijacked by "terrorists" using some kind of weapons (guns, bombs) that had presumably been smuggled onto …

A Jackson Portrait For Jamestown, "A Magnet In The Room", John Q. Barrett

Faculty Publications

As Robert H. Jackson gained prominence in law practice and national government, he had particularly close ties to the city of Buffalo and to its University and School of Law. Jackson briefly practiced law in Buffalo for a year near the start of his career. He continued thereafter to handle Buffalo cases and represent Buffalo clients even though his practice was based in Jamestown. In 1946, Jackson received an honorary degree from the University of Buffalo at its centennial commemoration and spoke then about his just-completed Nuremberg experiences, including the evidence on German persecution of minorities. In 1951, Justice Jackson's …

Teacher, Student, Ticket: John Frank, Leon Higginbotham, And One Afternoon At The Supreme Court--Not A Trifling Thing, John Q. Barrett

Faculty Publications

A path to greatness often begins with a special teacher, and this is such a story. In the fall of 1949, John P. Frank was a new associate professor at the Yale Law School. This story also involves a young student. In autumn 1949, A. Leon Higginbotham, Jr., was a first year law student at Yale. Higginbotham, a 21-year-old black man from Trenton, New Jersey, had attended Purdue University and, after transferring, graduated from Antioch College in 1949. Leon Higginbotham was one of three black students who entered Yale Law School in fall 1949. Higginbotham met John Frank when he …

Enron's Legislative Aftermath: Some Reflections On The Deterrence Aspects Of The Sarbanes-Oxley Act Of 2002, Michael A. Perino

Faculty Publications

Since Enron's implosion, an astounding string of accounting scandals have stunned the securities markets. Global Crossing, WorldCom, Adelphia, and a host of other companies have seen plummeting share prices and SEC and criminal investigations. Congress's reaction has been equally stunning and surprisingly swift. It passed with near unanimity the Sarbanes-Oxley Act of 2002 (the "SOA" or the "Act"), and President Bush quickly signed it into law. The President billed the Act as one of the "the most far-reaching reforms of American business practices since the time of Franklin Delano Roosevelt." While the SOA is certainly lengthy, with eleven titles and …

Current Status Of Federal Law Concerning Violent Crimes Against Women And Children: Implications For Cult Victims, Robin Boyle

Faculty Publications

The author presents key provisions of The Victims of Trafficking and Violence Protection Act of 2000, which is federal legislation divided into two Acts. In Parts I and II of this article, the author describes how The Violence Against Women Act of 2000 reauthorized critical grant programs created by the Violence Against Women Act of 1994, established new programs, and strengthened federal laws. In Part III of this article, the author explains that The Trafficking Victims Protection Act of 2000 prevents the trafficking of women and children. In Part IV the author suggests how both Acts have implications for cult …

Past Violence, Future Danger?: Rethinking Diminished Capacity Departures Under Federal Sentencing Guidelines Section 5k2.13, Eva E. Subotnik

Faculty Publications

Under section 5K2.13 of the Federal Sentencing Guidelines, a judge is permitted to reduce a defendant's sentence on the grounds of diminished capacity. Most courts construing this provision have ruled that defendants whose offenses involved violence or the threat of violence are ineligible for a reduction in sentence. This Note argues that such an interpretation, which makes past violence a proxy for predicting future dangerousness, is problematic. Medically or psychologically treated, defendants may no longer pose a danger to society. This Note urges that, in accordance with section 5K2.13's language and history, courts should focus more broadly on whether the …