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The Logic & Limits Of The "Exceptional Circumstances Test" In Magill And Ims Health, Christian Ahlborn, David S. Evans, A. Jorge Padilla

Fordham International Law Journal

In this Article, we show that, in contrast to the Commission's balancing approach in Microsoft, the ECJ's narrow construction of the obligation to license IP under Article 82 of the EC Treaty is based on sound economics and constitutes appropriate public policy. The set of “exceptional circumstances” listed in Magill and IMS Health constitutes a reasonable implementation of the optimal legal standard for the assessment of refusals to licence IP: modified per se legality. In the IP context, an obligation to make property available is a requirement for compulsory licensing. The ECJ test limits compulsory licensing to those situations in …

Legal Professional Privilege And The Privilege Against Self-Incrimination In Ec Law: Recent Developments And Current Issues, Bo Vesterdorf

Fordham International Law Journal

I will focus my contribution on two distinct limitations on the Commision's investigative rights in competition proceedings: (i)legal professional privilege ; and (ii) the privilege against self-incrimination. My intervention is divided into two sections. The first section describes the evolution of these two privileges and their current scope. The second section focuses on the issues raised by the application of legal professional privilege and the privilege against self-incrimination within the framework of Regulation No. 1/2003.

The "Friendly But Cautious" Reception Of International Law In The Jurisprudence Of The South African Constitutional Court: Some Critical Remarks, Erika De Wet

Fordham International Law Journal

As the title indicates, the purpose of this Article is to reflect on the manner in which the South African Constitutional Court has dealt with the application of international law during its first decade. It attempts to add a critical note to the overwhelmingly positive attention the Court has thus far received internationally. There is no doubt that the inspiration that the Court has thus far drawn from international (human rights) law is impressive, and in many ways exemplary. Nonetheless, there is still room for improvement, as the subsequent analysis reveals. In analyzing the Court's methodology, this article does not …

The Special Court For Sierra Leone And The Juvenile Soldier Dilemma, Joshua A. Romero

Northwestern Journal of Human Rights

No abstract provided.

Prison Reform Revisited: The Unfinished Agenda, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

Prison Reform Revisited: The Unfinished Agenda, which was held at Pace Law School from October 16-18, 2003, was a remarkable event. At this conference--a summit really--leading academics, attorneys, prison reformers, judges, prison officials and international prison reformers gathered at Pace Law School and the New York State Judicial Center in White Plains, New York to discuss how to advance the cause of prison reform in the U.S. This issue of the Pace Law Review is devoted to the papers presented in connection with that important conference.

The Death Penalty--An Obstacle To The "War On Terrorism"?, Thomas Michael Mcdonnell

Elisabeth Haub School of Law Faculty Publications

September 11 seared our collective memory perhaps even more vividly than December 7, 1941, and has evoked a natural demand both for retribution and for measures to keep us safe. Given the existing statutory and judicial authority for capital punishment, the U.S. Government has to confront the issue whether to seek the death penalty against those who are linked to the suicide attacks or to the organization that sponsored them or both. Meting out the death penalty to international terrorists involves difficult moral, legal, and policy questions. The September 11 crimes were not only domestic crimes, but also international ones. …

San Francisco Baykeeper V. California State Water Res. Control Bd., No. A08908, 2003 Wl 21235472 (Cal. Ct. App. May 28, 2003), Adriano Martinez

Water Law Review

No abstract provided.

Huls V. Thorpe, 2003 Cal. App. Unpub. Lexis 11333 (Cal. Ct. App. Dec. 4, 2003), Kyle K. Chang

Water Law Review

No abstract provided.

The Iucn Academy Of Environmental Law: Seeking Legal Underpinnings For Sustainable Development, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

An article describing a “work in progress” can provide only a sketch of the initial plans for the new IUCN Academy of Environmental Law. As the Academy establishes its administrative secretariat, builds its research program, and fashions its collaborative teaching undertakings, the details of this further work will become clear. Their analysis must await the events. Nonetheless, the precedents to date portend a promising future, as illustrated by the launch in Shanghai, and the Academy's initial research into the environmental sustainability of contemporary energy law.

The Law Of Words: Standing, Environment, And Other Contested Terms, David N. Cassuto

Elisabeth Haub School of Law Faculty Publications

Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167 (2000), exposes fundamental incoherencies within environmental standing doctrine, even while it ostensibly makes standing easier to prove for plaintiffs in environmental citizen suits. According to Laidlaw, an environmental plaintiff needs only to show personal injury to satisfy Article III's standing requirement; she need not show that the alleged statutory violation actually harms the environment. This Article argues that Laidlaw's distinction between injury to the plaintiff and harm to the environment is nonsensical. Both the majority and dissent in Laidlaw incorrectly assume that there exists an objective …

Over-Preemption Of State Vacatur Law: State Courts And The Faa, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

This Article will examine the state courts' approach to FAA preemption on a vacatur motion since the most recent Supreme Court FAA preemption decisions. This Article will demonstrate that, with little or no analysis, state courts over-apply the FAA to commercial arbitration awards, particularly the "manifest disregard" prong, causing what I call "over-preemption" and frustrating their own state's interests in the application of its arbitration law. Part II of this Article will briefly review Supreme Court FAA preemption jurisprudence. Part III of this Article will use illustrative state court decisions to demonstrate that the state courts are applying FAA preemption …

Homosexuality And The Black Community, A Church Minister’S Perspective: Interview With Rev. Irene Monroe, Anne W. Gathuo

Trotter Review

In this interview, Rev. Irene Monroe points out that the issue of “Black homophobia” is a complicated one that can only be explained by examining racism and all the pertinent economic, social and cultural dynamics that emanate from the discrimination of the Black race in the United States. According to Monroe, the failure of Black communities to embrace their gay and lesbian sons and daughters stems partly from their lack of understanding of the racial dynamics affecting Black Gay and Lesbian people, as well as the rhetoric of the Black Evangelist right which is heavily influenced by White racist thought.

Trotter Review Abstracts – 1990‐2003 (From Trotter Review, Vol. 16, Issue 1)

Trotter Review

Trotter Review Abstracts from 1990 to 2003.

The “Who,“ “What,” “Where” And “How” Of The “Down Low”: A Personally‐Inspired Book Review Of Keith Boykin’S Beyond The Down Low: Sex, Lies And Denial In Black America, William H. Alexander

Trotter Review

In this review of Keith Boykin’s book on the Down Low, William H. Alexander draws generously from his own personal experience. According to Alexander, Boykin’s book is a wake up call and challenge to the Black community to stop wasting their time blaming and developing strategies that reject, exclude and oppress, but instead focus on their spirituality and humanity so that lives can be saved.

Homosexual And Racial Identity Conflicts And Depression Among African‐American Gay Males, William H. Alexander

Trotter Review

What does it mean to be male, Black and homosexual in the United States? In this study of 191 such men, William H. Alexander examines whether racial identity conflict and homosexual identity conflict contribute to depression in Black gay men. Alexander reports that being Black, a Black male, and a homosexual puts one in a vulnerable position that requires that he cope with a variety of stereotypes from every society with which he interacts. This pressure contributes to depression in this population.

A World Court For Human Rights?, Stefan Trechsel

Northwestern Journal of Human Rights

No abstract provided.

Facts About Footrot - A Special Booklet For Neighbours Of Properties Which Have Been Quarantine For Footrot, Or Farmers Wanting To Know More About Footrot, Department Of Agriculture, Western Australia

Animal production and livestock published reports

Footrot is a contagious disease of sheep and goats caused by a mix of different bacteria, with the essential one being Dichelobacter nodosus. The bacterial infection can cause varying degrees of damage to the horn of the foot, leading to lameness, and significant loss of body weight and wool production.

There are two main forms of footrot - virulent and benign. Both are caused by D. nodosus. Footrot is diagnosed using two methods; inspecting sheep's feet, and testing skin scrapings in the laboratory

Adaptive Intelligent User Interfaces With Emotion Recognition, Fatma Nasoz

Electronic Theses and Dissertations

The focus of this dissertation is on creating Adaptive Intelligent User Interfaces to facilitate enhanced natural communication during the Human-Computer Interaction by recognizing users' affective states (i.e., emotions experienced by the users) and responding to those emotions by adapting to the current situation via an affective user model created for each user. Controlled experiments were designed and conducted in a laboratory environment and in a Virtual Reality environment to collect physiological data signals from participants experiencing specific emotions. Algorithms (k-Nearest Neighbor [KNN], Discriminant Function Analysis [DFA], Marquardt-Backpropagation [MBP], and Resilient Backpropagation [RBP]) were implemented to analyze the collected data signals …

Versatility And Customization Of Portable Cmm In Reverse Engineering A, Amar Raja Thiraviam

Electronic Theses and Dissertations

Reverse engineering is the technique of gathering scientific knowledge about a part by physically examining it. In the computer aided manufacturing world this is referred to as Part to CAD conversion, where the geometry of physical objects are being captured as Digital 3-D CAD Data. This is vital not only to produce drawing of parts for which no CAD data exists, but also is frequently being used to produce better designs. The industry professionals to achieve this are frequently using Coordinate Measuring Machine [CMM] among other tools. The purpose of this thesis is to demonstrate the versatility of portable CMM …

Small Business Case Studies: Application Of Safety & Health Management Systems, Jennifer Schneider

Articles

No abstract provided.

Angling For Repose: Wallace Stegner And The De-Mythologizing Of The American West, Jennie A. Harrop

Faculty Publications - George Fox Digital

When Wallace Stegner published his first book in 1937, a stereotypical Western novel invariably included a gun-slinging cowboy hero, a near-mythical gunfight at dusk, and a formulaic, predictable plot that rarely left readers unsure of who would prevail in the end. Stegner recognized the limitations of such archetypal assumptions and sought to achieve something different with his work. In this paper, I argue that Wallace Stegner asked the nuanced questions necessary to further this nation’s understanding of western archetypes and, as a result, to begin to debunk the misleading mythologies of the American West.

In this study, I look first …

Integrated Sustainability In The Pharmaceutical Industry, Jennifer Schneider, Thea Leonard

Articles

The main goal of pharmaceutical companies is to create and deliver medicines designed to extend or enhance life. However—also being in the business of business—pharmaceutical companies need to grow their bottom lines by investing in business value drivers. This article shows sustainability performance as one of those drivers by demonstrating that: 1) the concept of integrated sustainability is generally understood; and 2) pharmaceutical companies taking action to integrate sustainability are reaping significant business value added. Since there are currently no standardized methods of integrating, measuring, or communicating sustainability, pharmaceutical companies are relying on self-interpretations of voluntary initiatives to successfully integrate …

Benchmark Report Of The Occupational Safety And Health Administration (Osha) Voluntary Protection Program (Vpp) And The Safety And Health Achievement Recognition Program (Sharp), Jennifer Schneider, Kitren Vanstrander, Joseph Brandine

Articles

Small businesses are faced with barriers when it comes to safety and health management. Unlike larger companies, they may not have the expertise or resources necessary to build effective programs. The goal of this study is to gather information about what motivates small businesses to implement safety & health management systems and identify any issues/barriers that are unique to small-sized companies. Members of the Voluntary Protection Program Participants Association (VPPPA) and the Safety and Health Achievement Recognition Program (SHARP) were selected for the survey because they have already been through the process of implementing safety & health management systems and …

Gumbo Yearbook, Class Of 2004, Louisiana State University And Agricultural And Mechanical College

Gumbo Yearbook

The Gumbo yearbook chronicles the entire academic year at LSU. In words and especially photos, the Gumbo shows the people, places, and events that make each year unique. In addition to formal portraits of schools and departments, the book contains hundreds of snapshots of students with their friends and dozens of pages showcasing organizations.

Potential For Transport Of Boll Weevils (Coleoptera: Curculionidae) To The Cotton Gin Within Cotton Modules, Thomas W. Sappington, Alan D. Brashears, Megha N. Parajulee, Stanley C. Carroll, Mark D. Arnold, John W. Norman Jr., Allen E. Knutson

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

There is concern that cotton gins located in boll weevil, Anthonomus grandis grandis Boheman, eradication zones serving customers in adjacent infested zones may serve as a site for boll weevil reintroductions if weevils are transported alive inside cotton modules. We surveyed fields in three distinct areas of Texas and found that weevils can be present in large numbers in cotton fields that have been defoliated and desiccated in preparation for harvest, both as free adults and as immatures inside unopened bolls. Harvested cotton taken from module builders indicated that ∞100-3,700 adult boll weevils were packed inside modules constructed at the …

Escherichia Coli O157:H7 In The Gallbladders Of Experimentally Infected Calves, William C. Stoffregen, Joachim F. L. Pohlenz, Evelyn A. Dean-Nystrom

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Fifteen weaned calves (age 89–141 days) were treated with dexamethasone (0.25 mg/kg, IV) for 3 days before, the day of, and the day after inoculation with 10 colony-forming units of either Escherichia coli O157:H7 (strain 86-24, which produces Shiga toxin 2 and intimin; n=13) or nonpathogenic E. coli (strain 123, which does not produce Shiga toxin or intimin; n=2). All calves were necropsied 4 days after inoculation. Histologic lesions of attaching and effacing bacteria were observed in the large intestine (12/13) and in the gallbladder mucosa (5/13) of calves inoculated with E. coli 86-24. Cholecystitis was present in 12 of …

Analysis Of Demographic Variables And Levels Of Stress In Law Enforcement Officers, Kathleen M. Jansen

PCOM Psychology Dissertations

Employment in a law enforcement profession exposes an individual to potential stressors not experienced in most other professions. Sporadic efforts have been made to design stress management programs to assist officers in coping with the demands of their jobs. Much of the previous research on law enforcement stress has focused on examining the effectiveness of various coping skills; however, the training has focused on teaching a healthy lifestyle. This study seeks to add to the existing research by examining what elements of the job are perceived as the most stressful and what demographic variables, if any, may influence an individual's …

Psychologists' Skepticism And Knowledge About Dissociative Identity Disorders In Adolescents, Nancy E. Madden

PCOM Psychology Dissertations

Professional skepticism about DID and lack of knowledge about DID has been documented in the adult literature on dissociative pathology (Hayes and Mitchell, 1994). Although 100% of adult DID cases are thought to have originated in childhood as sequelae of trauma, to date no studies about professional skepticism of and knowledge about DID have been done with psychologists who specialize in assessing children and adolescents. This study was designed to investigate the beliefs about DID and knowledge of DID that has been garnered by psychologists who specialize in assessing and treating adolescents. This study consisted of a convenience sample of …

Relationship Between Cognitive Distortions And Psychological Disorders Across Diagnostic Axes, Bradley Michael Rosenfield

PCOM Psychology Dissertations

The purpose of this study was twofold: First, the study sought to determine whether or not cognitive distortions correlated with the number and severity of psychological disorders across diagnostic axes. Second, the study endeavored to assess further the validity and reliability of a promising new self-report measure, The Inventory of Cognitive Distortions (ICD), by correlating this instrument with clinical diagnoses as determined by the Millon Clinical Multiaxial Inventory-III. The sample was selected from a heterogeneous adult outpatient population. Participants meeting inclusion criteria presented for psychological treatment or assessment. Excluded were participants who had less than an eighth grade education, or …

Determination Of Dimethylselenide And Dimethyldiselenide By Gas Chromatography–Photoionization Detection, William J. Hunter, L. David Kuykendall

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

A simple method for the determination of volatile selenium compounds employing a gas chromatograph equipped with a photoionization detector is described. The method involves the direct injection of dimethylselenide (DMS) or dimethyldiselenide (DMDS) into the gas chromatograph; no derivatization of the sample was required. The photoionization detector was capable of detecting 60 pg (0.55 pmol) of DMS and 150 pg (0.80 pmol) DMDS. Sensitivity was 10–50 times greater with DMS and 4–20 times greater with DMDS when the photoionization detector was employed than when the flame ionization detector was employed.