Digital Commons Network^™

How Extra-Copyright Protection Of Databases Can Be Constitutional, Justin Hughes

Articles

Following the Supreme Court's 1991 Feist decision, intellectual property and Constitutional law scholars have debated whether extra-copyright protection of databases can be established by Congress under its Commerce Clause power. This article presents the problem as one of the gravitational zone of the Commerce Clause versus that of the Copyright and Patent Clause. The article reasons that the Supreme Court decisions in International News Service v. Associated Press, Zacchini v. Scripps-Howard, and the 19th century Trademark Cases all point to the possibility of limited protection of databases under the Commerce Clause. The Article also considers the constitutionality of extra-copyright protection …

Lord Elgin And The Ottomans: The Question Of Permission, David Rudenstine

Cardozo Law Review

No abstract provided.

Securities Regulation As Lobster Trap: A Credible Commitment Theory Of Mandatory Disclosure, Edward Rock

Cardozo Law Review

What functions does the existing mandatory disclosure system serve? In this Article, I argue that the existing SEC system can be understood as providing issuers with a mechanism for making a credible commitment to high quality, comprehensive disclosure for an indefinite period into the future. This credible commitment device is particularly useful to new domestic issuers and to foreign issuers seeking to tap the U.S. capital markets. This credible commitment justification explains the striking but little discussed practical and formal asymmetry between the ease of entry into the SEC system and the difficulty of exit from it. I then consider …

Loving And Dreaming, Ivan Davis

Faculty Publications

No abstract provided.

Ain’T Nothin’ But A Heartache? Love And Dating On Campus, Susan Murray

Faculty Publications

No abstract provided.

A Policy-Based Resource Brokering Environment For Computational Grids, Ahmed Hamdan Al-Theneyan

Computer Science Theses & Dissertations

With the advances in networking infrastructure in general, and the Internet in particular, we can build grid environments that allow users to utilize a diverse set of distributed and heterogeneous resources. Since the focus of such environments is the efficient usage of the underlying resources, a critical component is the resource brokering environment that mediates the discovery, access and usage of these resources. With the consumer's constraints, provider's rules, distributed heterogeneous resources and the large number of scheduling choices, the resource brokering environment needs to decide where to place the user's jobs and when to start their execution in a …

Too Wonderful To Understand God’S Gift Of Romantic Love, Glenn Russell

Faculty Publications

No abstract provided.

Like Fine Veggie-Wine: Dating And Marriage After 50, Annetta Gibson

Faculty Publications

No abstract provided.

Video Indexing And Retrieval Techniques Using Novel Approaches To Video Segmentation, Characterization, And Similarity Matching, Waleed Ezzat Farag

Computer Science Theses & Dissertations

Multimedia applications are rapidly spread at an ever-increasing rate introducing a number of challenging problems at the hands of the research community, The most significant and influential problem, among them, is the effective access to stored data. In spite of the popularity of keyword-based search technique in alphanumeric databases, it is inadequate for use with multimedia data due to their unstructured nature. On the other hand, a number of content-based access techniques have been developed in the context of image indexing and retrieval; meanwhile video retrieval systems start to gain wide attention, This work proposes a number of techniques constituting …

Quantifying Potential Urban Landscape Water Conservation Through Billing Data Analysis In Layton, Utah, Roger Kjelgren, Fayek A. Farag, Christopher M. U. Neale, Joanna Endter-Wada, Judith Kurtzman

Environment and Society Faculty Publications

No abstract provided.

Linking Ethiopian And Kenyan Pastoralists & Strengthening Cross-Border Collaboration, D. Layne Coppock, Solomon Desta

Environment and Society Faculty Publications

No abstract provided.

Attacks On America - Privacy Implications Of Heightened Security Measures In The United States, Europe, And Canada, Ruwantissa Abeyratne

Journal of Air Law and Commerce

No abstract provided.

Government Aviation Safety Oversight - Trust, But Verify, Anthony J. Broderick, James Loos

Journal of Air Law and Commerce

No abstract provided.

The Use Of Force In Response To Cyber-Attack On Commercial Space Systems - Reexamining Self-Defense In Outer Space In Light Of The Convergence Of U.S. Military And Commercial Space Activities, Christopher M. Petras

Journal of Air Law and Commerce

No abstract provided.

Economic Development, Competition Policy, And The World Trade Organization, Bernard Hoekman, Petros C. Mavroidis

Faculty Scholarship

At the recent WTO ministerial meeting in Doha, Qatar, WTO members called for the launch of negotiations on disciplines relating to competition, on the basis of explicit consensus on modalities to be agreed at the 5th WTO ministerial in 2003. Discussions in WTO since 1997 have revealed little support for ambitious multilateral action. Proponents of WTO antitrust disciplines currently propose an agreement that is limited to ‘core principles’ – nondiscrimination, transparency, and provisions banning ‘hard core’ cartels. We argue that an agreement along such lines will create compliance costs for developing countries while not addressing the anticompetitive behavior of firms …

Courts Or Tribunals? Federal Courts And The Common Law, Peter L. Strauss

Faculty Scholarship

Every Justice, save perhaps Justice Breyer, has recently subscribed to an opinion raising questions in one or another context about whether federal courts can appropriately exercise common law law-making functions that had, until these questions began to appear, been characteristic of all American courts. To invoke a special class of "federal tribunal" whose actions are not to be confused with those of common law courts suggests broader implications than the long-familiar debates about Erie RR. Co. v. Tompkins, or more recent contentions over when, if ever, it is appropriate to infer privately enforceable judicial remedies in aid of federal statutes; …

The Mead Doctrine: Rules And Standards, Meta-Rules And Meta-Standards, Thomas W. Merrill

Faculty Scholarship

United States v. Mead Corp. is the U.S. Supreme Court's most important pronouncement to date about the scope of the Chevron doctrine. According to Justice Scalia's dissenting opinion, Mead is "one of the most significant opinions ever rendered by the Court dealing with the judicial review of administrative action." Justice Scalia also thought that the consequences of "the Mead doctrine," as he called it, "will be enormous, and almost uniformly bad."

Justice Scalia's indictment of Mead was driven by his attachment to rules and dislike of standards. He saw Mead as shifting the practice of deference away from the …

Literature Review On The Working Poor, Community Research Institute-Johnson Center

Research, Reports, and Publications

No abstract provided.

2002 Executive Compensation In Nonprofit Organizations Of West Michigan, The Johnson Center

Research, Reports, and Publications

No abstract provided.

Giving And Volunteering In Kent County 2001, The Johnson Center

Research, Reports, and Publications

No abstract provided.

The Lawyer-Negotiator As Mood Scientist: What We Know And Don't Know About How Mood Relates To Successful Negotiation, Clark Freshman, Adele Hayes, Greg Feldman

Faculty Scholarship

No abstract provided.

Charter School Office Annual Report (2002-2003), Grand Valley State University

CSO Reports from 1998-2005

No abstract provided.

Pronunciation Of English As A Second Or Foreign Language Learners [Sic] : The Reexamination Of Teaching Pronunciation, Yukari Ryu

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

An Evaluation Of Methods For Displaying Time In Cartography, Brian W. Collins

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Surface Micromachined Force Gauges: Uncertainty And Reliability, Jonathan W. Wittwer, Troy Gomm, Larry L. Howell

Faculty Publications

Surface micromachining of micro-electro-mechanical systems (MEMS), like all other fabrication processes, has inherent variation that leads to uncertain material and dimensional parameters. By considering the effects of these variations during the design of micro force gauges, the gauge uncertainty and reliability can be estimated. Without means of calibrating micro gauges, these effects are often significant when compared to experimental repeatability. The general force gauge model described in this paper can be used to measure a wide range of forces, and simple design changes can lead to improved accuracy in measurement. A method of probabilistic design is described that is not …

Bringing Online Learning To Campus: The Hybridization Of Teaching And Learning At Brigham Young University, Gregory L. Waddoups, Scott L. Howell

Faculty Publications

The primary purpose of Brigham Young University (BYU) is to provide students with a combination of sacred and secular education often described as the BYU experience. Achieving this purpose is challenged by the rapid growth in Church membership and an enrollment cap of 30,000 students. To address these challenges, BYU sponsors the use of technology to bridge the gap between the increased Church membership and the number of students allowed under the enrollment caps. This institutional case study shows how these challenges have influenced the hybridization of teaching and learning for on campus (resident) and off campus (distance) students. It …

Judicial Review Of Icann Domain Name Dispute Decisions, David E. Sorkin

Santa Clara High Technology Law Journal

No abstract provided.

Comedy Iii Productions, Inc. V. Gary Saderup, Inc.: Finding A Balance Between The Right Of Publicity And The First Amendment Right Of Freedom Of Speech, Jennifer L. Koehler

Santa Clara High Technology Law Journal

No abstract provided.

Population-Based Genetic Studies: Informed Consent And Confidentiality, Michael J. Smith

Santa Clara High Technology Law Journal

No abstract provided.

Current Patent Protection Granted For Genetically Modified Organisms Under The European Patent Convention And The Scandal Of Ep 0695351, Karen A. Spindler

Santa Clara High Technology Law Journal

No abstract provided.