Digital Commons Network^™

Nighttime Symptoms, Excess Daytime Sleepiness, Nocturia, Physical Function Quality Of Life And Lower Leg Volume In Male Veterans With Obstructive Sleep Apnea., Judy A. Wells

All ETDs from UAB

No abstract provided.

Initiation Of Sexual Intercourse: A Test Of Interactional Theory., Annice Dale Yarber

All ETDs from UAB

No abstract provided.

Wasting Resources: Reinventing The Scope Of Waiver Resulting From The Advice-Of-Counsel Defense To A Charge Of Willful Patent Infringement, David O. Taylor

Faculty Journal Articles and Book Chapters

Patent infringement cases may be the very definition of “high-stakes litigation.” In addition to issuance of permanent injunctions and high-dollar damage awards, judges have discretion to award treble damages and attorney’s fees in patent cases. Judges may exercise this discretion when infringement is found to be willful. One way for an alleged willful infringer to rebut an allegation of willfulness is to introduce an opinion of counsel evidencing the alleged willful infringer’s good faith effort to investigate the patent at issue after receiving notice of potential infringement. Disclosure of such an opinion, however, waives attorney-client privilege and work-product immunity. District …

Is Lawrence Libertarian?, Dale Carpenter

Faculty Journal Articles and Book Chapters

The Supreme Court’s decision in Lawrence v. Texas is no doubt a shock to those pursuing an antihomosexual agenda. To most Americans, however, the decision is less an ipse dixit announcing radical social change than it is a belated recognition of what they had already learned about the humanity and dignity of gay people. Rather than radically changing constitutional principle, the Court has corrected its own erroneous understanding of the facts that underlay its application of constitutional principle in the past. Rather than leading the nation, the Court has caught up to it.

Part I of this essay lays out …

Grutter And Gratz: A Critical Analysis, Lackland H. Bloom Jr.

Faculty Journal Articles and Book Chapters

This Article will analyze the Grutter and Gratz opinions, especially Justice O'Connor's important opinion for the majority in Grutter, and will consider the significance of these decisions in terms of university admissions policy, justifications for racial preferences, and equal protection doctrine. The article will conclude that the Court's defense of the use of racial preferences does not square well with the Powell opinion in Bakke on which it relied so heavily. It will suggest that the Court could have offered a more persuasive explanation for the result it reached but probably felt precluded by precedent from doing so.

The Security Council As "Global Legislator": Ultra Vires Or Ultra Innovative?, Eric Rosand

Fordham International Law Journal

This Article begins by taking a closer look at the two Security Council resolutions at the center of this debate: Resolution 1373 and Resolution 1540. It argues that they make pragmatic sense as necessary responses by the Security Council to address urgent, global threats. Further, it explains how they serve to fill the existing gaps in international law, which, if not addressed, would hinder the international community's ability to tackle these twenty-first century threats. Part II, after providing a brief summary of the Council's powers under the U.N. Charter, focuses on whether this activity falls within the Security Council's mandate. …

The Fraying Shoestring: Rethinking Hybrid War Crimes Tribunals, James Cockayne

Fordham International Law Journal

This Article looks in detail at whether the Special Court is, at present, succeeding or failing, drawing lessons along the way both for the system of international criminal justice generally, and more specifically for U.N. enforcement of the law of war. In Section II, this Article suggests a method for measuring success and failure in an international criminal tribunal. It suggests that there are a number of identifiable performance standards which should guide our assessment, each linked to a stakeholder group: the international community, the affected population, and the defendants. In Sections III-V, this Article assesses the Special Court's early …

Hostile Protected Persons Or "Extra-Conventional Persons:" How Unlawful Combatants In The War On Terrorism Posed Extraordinary Challenges For Military Attorneys And Commanders, Paul E. Kantwill, Sean Watts

Fordham International Law Journal

First, this Article reviews policymakers' and commentators' categorization of participants in Operation Enduring Freedom, the armed conflict in Afghanistan against al Qaeda and Taliban fighters. This Article concentrate specifically on the status of participants operating at the fringes of the categories of persons protected by the Geneva Conventions. It shows, for example, how al Qaeda and the Taliban fighters tested the bounds of the Conventions by employing methods of “warfare” which rendered them non-distinct and therefore made a determination of their status unclear. This Article demonstrates how policymakers and ultimately the U.S. President created a class of persons--so-called extra-conventional persons--who …

The Just War Tradition And Natural Law, Jean Bethke Elshtain

Fordham International Law Journal

This Essay is divided into three parts. First, it briefly discusses Augustine on the notion of a "naturalistic morality" implanted in human minds and hearts. Second, it traces the ways in which such notions as human nature figure in Augustinian and post-Augustinian arguments concerning war and peace. Third, it takes the measure of our current international crises and challenges from the perspective of human dignity the "naturalistic morality" Augustine addresses when he insists that there is, in fact, a nature we share, trails in its wake far-reaching ethical complications.

Article 82: Remedies In Search Of Theories?, Ian S. Forrester

Fordham International Law Journal

I submit that over the last two or three years, we may observe troubling signs that Article 82 of the EC Treaty is being used more as an adjunct to industrial policy than as a pure competition law tool. This is especially evident in refusal to deal cases. The intervention of antitrust in a situation of refusal to deal is a critical pointer of how an antitrust enforcer perceives itself and of what kind of competition law is in force. At a time when ten new agencies have joined the family, it is especially desirable to approach controversies in a …

An Interdisciplinary Approach To Improving Competition Policy And Intellectual Property Policy, William E. Kovacic, Andreas P. Reindl

Fordham International Law Journal

This Paper suggests that interdisciplinary cooperation and coordination should focus on IP policy issues as well. This Paper discusses whether greater emphasis on interdisciplinary cooperation and coordination could contribute to more effective international convergence. We address the topic as follows. Part 2 describes the interdependency between the CP and IP regimes and potential benefits of expanded cooperation between the two fields on a domestic level. Part 3 sketches the existing collection of domestic and international institutions that make up the CP and IP communities and examines the consequences of institutional multiplicity for efforts to achieve better harmony between the two …

The Treaty Establishing A Constitution For Europe, Jeremy Lever

Fordham International Law Journal

This Article contains some reflections concerning the Draft Treaty establishing a Constitution for Europe (“the Draft Treaty”), which was approved by the European Council on September 28, 2004 and formally signed in Rome on October 29, 2004. At the time of writing in early 2005, it is presently in the process of ratification by the twenty-five Member States of the European Union (“EU”). The Article is primarily concerned with the extent to which the Treaty is a constitution, and its merits and demerits as such. It does not go in any depth into the political desirability of some of the …

Article 82: The Last Frontier – Fighting Fire With Fire?, James S. Venit

Fordham International Law Journal

Since the entry into force of the European Union (“EU”) merger regulation in September 1990, there has been progress toward the acceptance of the need for rigorous economic analysis as the basis for the application of Community competition law. Although the path toward sound economic analysis has been uneven and recognition of the principle has sometimes exceeded its correct application, the increased willingness to acknowledge economic analysis as the basis for rational enforcement action should not be underestimated. The most noticeable and obvious success has been in the field of merger control. But even a statute as venerable as Article …

The Impact Of Consumer Protection On Banking Legislation In The European Community And The Effect Of The Recent Consumer Protection Proposals, Thomas F. Taylor

Fordham International Law Journal

In this article, I will examine the means by which European Community institutions have used consumer protection, and their impact. I will also examine the new proposals concerning consumer protection, and their impact. Finally, I will look at what the likely outcome of these proposals may be, if implemented.

Russia's 'Dictatorship Of Law' And The European Court Of Human Rights, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

This article is an adaptation of a lecture given at St. Antony's College, Oxford on 5 July 2003 in honor of the fiftieth anniversary of the Centre for Russian and East European Studies at Oxford University. The author evaluates the effect of the European Convention on Human Rights on Russian law and politics. Russia has been a signatory to the Convention for five years. The author argues that the full power of the Convention as a force for reform in Russia was unanticipated at the time of Russia's accession. Nevertheless, the Convention has been the catalyst for substantial reforms, especially …

Standards Of Conduct And Standards Of Review In Corporate Law: The Need For Closer Alignment, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

This article examines the arguments in support of maintaining a divergence in duty of care law between the articulated negligence standard of conduct and the gross negligence standard of review, with particular emphasis on their application to the corporate fiduciary duty of care context. The author provides a detailed discussion of the arguments presented by Meir Dan-Cohen, while also focusing on articles by Richard Singer, David Phillips, and Melvin Eisenberg. After assessing the existing scholarship justifying divergent standards in the context of corporate law, the author concludes that a single, clearly articulated standard which both defines the scope of permissible …

Raised Intracranial Pressure Presenting With Spontaneous Periorbital Bruising: Two Case Reports, S Hadjikoutis, Cb Carroll, Gtp Plant

Peninsula Medical School

The venous drainage of the orbit is known to be via the ophthalmic and vortex veins which communicate with the cavernous sinus. We describe two patients with raised intracranial pressure presenting with periorbital bruising. In one patient dural venous sinus thrombosis was demonstrated and it is suspected that the cause of the raised intracranial pressure may have been the same in the second. We suggest that the abrupt rise of pressure in the cerebral venous system was transmitted via the cavernous sinus to the orbital venous system.

Multiple Experts: Scientific, Medical, Media And Lay Discourses On 'New Genetics', Clare Elizabeth Wilkinson

Other Faculty of Health Theses

The significance of public relationships with scientific and medical expertise has increasingly been highlighted as an area of importance in governmental policy formulation and scientific activities. Central to this relationship has been the role of the media, frequently depicted as increasing the strained communications between science, medicine and the public in the present UK 'crisis' of expertise. Sociological research has contributed to our understandings of science, medicine, the media and lay knowledge. The research presented in this thesis correlates these contributions. It focuses on 'new genetics' to elicit the views towards communication and understanding expressed by three groups; media professionals, …

Cell Cycle Of Emiliania Huxleyi And Its Effects On Host: Virus Interactions, Rebecca Louise Jefferson

Other Faculty of Health Theses

Emiliania huxleyi is an ecologically important marine phytoplankton and it is regularly forms large blooms. Viruses are an important agent of mortality in blooms, however, little is known about the host:virus interactions in this system. This project investigated how infection at different stages of the host cell cycle influenced: virus adsorption, infection and production and host lysis and cell cycle. Cultures were infected during the G1 , S or G2 + M phase and monitored for 2 hours for adsorption and infection or monitored for 48 hours for virus production, host lysis and host cell cycle. A three fold increase …

Not All Stereotypic Biases Are Created Equal: Evidence For A Stereotype-Disconfirming Bias, Na Wyer

School of Psychology

Stereotype-confirming biases are well documented in the social psychological literature. However, motivations to disconfirm social stereotypes may be more influential for unprejudiced individuals. Three experiments are presented that test the hypothesis that extremely unprejudiced people exhibit a bias toward stereotype disconfirmation. Experiment 1 investigates stereotype disconfirmation in information-seeking preferences. Experiments 2 and 3 explore attributional strategies for stereotype disconfirmation. In all experiments, unprejudiced participants respond in ways reflecting a motivation to disconfirm social stereotypes. Implications for stereotype change and stereotypic influences on judgment and behavior are discussed.

Trade, Democracy, And The Ftaa Public Access To The Process Of Constructing A Free Trade Area Of The Americas, Eric Dannenmair

Fordham International Law Journal

No abstract provided.

The Impact Of Monetary Union And The Euro On European Capital Markets: What May Be Achieved In Capital Market Integration, Rosa Giovanna Barresi

Fordham International Law Journal

Up to now, the Euro has been successful in replacing the traditional European currencies and in altering the landscape of European Capital Markets. Domestic users of the Euro are almost the same in number as the population of the United STates, although the Gross Domestic Products of the two economies are clearly not comparable. Still, if the Member States within the Euro-area truly want to be recognized as an integrated capital market, some work must be done. This Article will estimate, from current economic thought, what remains to be done and what can be achieved in the short term. Some …

The Dichotomy Between Judicial Economy And Equality Of Arms Within International And Internationalized Criminal Trials: A Defense Perspective, Geert-Jan Alexander Knoops

Fordham International Law Journal

This Article considers the trend to effectuate judicial economy within international criminal trials juxtaposed with the principle of equality of arms from the standpoint of the defense. It focuses on this juxtaposition as exemplified in contemporary case law of the ICTY. In addressing this issue, the analysis in this Article will build on the assumption that the interrelationship between these two notions must be interpreted in light of two cardinal parameters: first, the protection of the interests of the defense, and second, the principle of independence and non-political use of the notion of judicial economy.

Reason Without Borders: How Transnational Values Cannot Be Contained, Shane B. Kelbley

Fordham International Law Journal

Part I of this Note will review the influence of international law in early U.S. history as well as the current practice of the U.S. Supreme Court in citing international law, and will briefly explain how principles of international law are imported into U.S. courtrooms. Part II will examine competing legal theories on the proper role for international law in U.S. constitutional interpretation. Part III will argue that although it is proper for U.S. courts to reference international sources in their decisions, the U.S. Supreme Court's current articulation of how courts should do so is deeply flawed. Part III will …

Meeting The Literacy Development Needs Of Adolescent English Language Learners Through Content Area Learning - Part One: Focus On Motivation And Engagement, Julie Meltzer, Edmund T. Hamann

Department of Teaching, Learning, and Teacher Education: Faculty Publications

This paper highlights the substantial overlap in recommended practices from two emerging areas of educational research: research on the academic literacy development of adolescents and research on English language learners (ELLs) in secondary schools. Specifically, this paper examines instructional principles related to the connection between students’ motivation and engagement and their literacy development as supported by both bodies of literature. These principles include making connections to students’ lives, creating responsive classrooms, and having students interact with each other and with text. This paper is the first of two papers based on the same reviews of the adolescent literacy and adolescent …

Uses Of Technology By Science Education Professors: Comparisons With Teachers’ Uses And The Current Versus Desired Technology Knowledge Gap, John Settlage, A. Louis Odom, Jon E. Pedersen

Department of Teaching, Learning, and Teacher Education: Faculty Publications

A survey of the AETS membership was conducted to examine potential gaps in their current versus desired knowledge about technology uses relative to science teacher education.

Preparing Tomorrow's Teachers To Teach With Technology: Getting Past Go In Science And Mathematics, Julie Thomas, Sandi Cooper

Department of Teaching, Learning, and Teacher Education: Faculty Publications

We are teacher educators (in elementary science and mathematics) who are enthusiastic about technology as a teaching tool—though it is as new to us as it is to our university colleagues. We recently led a United States Department of Education Preparing Tomorrow’s Teachers to Use Technology (PT3) grant project entitled TechLinks. In an effort to encourage peer faculty members to connect methods instruction with current technology initiatives (namely the International Society for Technology Education [ISTE], 2000, and the National Council on Accreditation of Teacher Education [NCATE], 1997), TechLinks provided faculty fellowships–$1,000 for equipment and materials and a technology assistant who …

The Local Framing Of Latino Educational Policy, Edmund T. Hamann

Department of Teaching, Learning, and Teacher Education: Faculty Publications

In many parts of the country, Latino newcomers are encountering educational policies that were framed by non-Latino local leaders. This study, an ethnography of educational policy, depicts an unorthodox assemblage of policy framers from both the United States and Mexico who shaped the local education policies aimed at Latino newcomers in Dalton, GA, in the 1990s. The study considers the evolving underlying understandings of these framers and the strategies that resulted, considering also why a temporary consensus that launched an impressive initiative—the Georgia Project—ultimately

Perceived Professional Needs Of Korean Science Teachers Majoring In Chemical Education And Their Preferences For Online And On-Site Training, Taehee Noh, Jeongho Cha, Sukjin Kang, Lawrence C. Scharmann

Department of Teaching, Learning, and Teacher Education: Faculty Publications

In this study, we investigated the perceived professional needs of Korean science teachers majoring in chemical education, and examined their preferences for online and on-site inservice teacher training programs. The results were also compared with those of preservice teachers. Participants were 120 secondary school teachers and 67 preservice teachers, whose majors were either chemical education or science education with emphasis in chemistry. A questionnaire consisting of a modified Science Teacher Inventory of Need and a section concerning respondents’ demographic information and their use of the Internet was administered. In contrast to previous studies, the perceived needs of Korean inservice and …

Foucault, Enlightenment And The Aesthetics Of The Self, Anita Seppä

Contemporary Aesthetics (Journal Archive)

Mona Hatoum's video installation Corps étranger is an example of an artwork that critically comments on particular aspects of contemporary visual culture, such as the colonization of the body's interior by medical image technologies. It has indeed been interpreted in those terms by several authors from within the new academic field of Visual Culture. Here it is argued that the critical cultural impact of the installation might be more fully described when one grants art a relative autonomy within the cultural field and, moreover, draws on concepts from more traditional academic disciplines and approaches, such as aesthetics and phenomenology. Art …