Digital Commons Network^™

What Does The Public Get? Experimental Use And The Patent Bargain, Katherine J. Strandburg

Faculty Articles

This article deals with the increasing tension between the tradition of protecting commercially valuable inventions through patenting and the need for a robust public domain of freely available technical information as a springboard for further research. The "experimental use exemption," permitting some unauthorized research uses of patented inventions, might be used to relieve some of this tension. However, the scope of the research exemption has been shrunk so far by recent Federal Circuit opinions that even basic university research is not excused from infringement liability. This article returns to the first principles of patent law - the incentives to invent …

Reflections On The Historical Origins Of Economic Structure Of The Law Merchant, Richard A. Epstein

Faculty Articles

The purpose of this short essay is to make some introductory remarks to frame the debate about the historical evolution and economic structure of the Law Merchant. For these purposes the capitalization of the phrase should not mislead, for by the Law Merchant I mean nothing more pretentious than the commercial law rules-contractual, customary, and statutory-that govern transactions among merchants. It includes the rules governing sale, credit, insurance, transportation, and, probably, partnership. In approaching so salient a topic, it comes as something of a shock to realize that the first order of business in this venerable area is the extensive …

The Semiotic Analysis Of Trademark Law, Barton C. Beebe

Faculty Articles

Current thinking about trademark law is dominated by economic analysis, which views the law as a system of rules designed to promote informational efficiencies. Yet the economic analysis has failed to explain, because it is unequipped to do so, a number of concepts of fundamental importance in the law, most notably the concepts of trademark "distinctiveness" and trademark "dilution." This article proposes that a more robust understanding of trademark law may be achieved by viewing the law through the lens of semiotics, a systems-theoretical field of knowledge, of which structural linguistics forms a part, dedicated to the study of signs …

Towards A Theory Of Adequacy: The Continuing Saga Of Equal Educational Opportunity In The Context Of State Constitutional Challenges To School Finance Systems, Deborah A. Verstegen

Saint Louis University Public Law Review

No abstract provided.

All For One And One For All: Designing Web-Based Courses For Students Based Upon Individual Learning Styles, Michael K. Barbour, Morris Cooze

Education Faculty Publications

As e-learning begins to proliferate into secondary schools and is opened up to learners of all abilities, it is important that the effects different learning styles have upon how online instruction is provided are taken into consideration. In this study, students from a secondary-level business education class completed a learning styles inventory to determine their strengths in the traditional learning styles and in Gardner’s intelligences. A variety of web-based instructional methods were utilized throughout the school year and the students’ overall performance in the course was monitored.

Determination Of Site Use As Inferred From The Lithics Data Of The Post Adandonment Occupation Of Housepit 7 At The Keatley Creek Site: Comparing Winter Village And Short-Term Camp Models, Andreì B. Jendresen

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Is Money No Object: Can The Government Rely On Financial Considerations Under Charter Section 1, Robert E. Charney, Daniel Guttman

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

Government programs have increasingly been challenged under the Charter on the grounds that they are provided inappropriately to a limited number of beneficiaries and that the benefits provided are set at insufficient levels. Courts have thus been asked to determine how governments should allocate finite resources in a world of infinite need. In this paper, the authors explore the question of the place of financial considerations for the purposes of section 1 of the Charter. In Martin (2003), the government of Nova Scotia attempted to rely on financial considerations in order to justify the exclusion of chronic pain sufferers from …

Institutional Boundaries And Judicial Review: Some Thoughts On How The Court Is Going About Its Business: Desperately Seeking Coherence, Danielle Pinard

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This paper addresses the issue of the legitimacy of judicial review from a methodological perspective. It argues that unpredictability of approach is a very serious and dangerous form of judicial activism. It analyses an ambivalent judicial attitude to facts, and the confusion that exists between rules and provisions on the one hand, and interpretation and remedies on the other. It pleads in favour of greater conceptual consistency in the way the Supreme Court of Canada handles methodological issues.

Reflections Of A Pulse, John Wayne Bercier

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

A Natural Language Approach To Information Management: Tracking Scientific Advances Through The Structure Of Words, Andrew R. Hippisley, Chara Karavasili

Linguistics Faculty Publications

In scientific texts specialist words, or terms, express conceptual knowledge. We show that by looking at the use of a term and its family of derivatives over time we can have a tangible picture of how an underlying concept has evolved in scientific advances. This is because the structure of a word encases a core idea and how that idea has been extended in a particular direction. This paper is an outline of a research programme with some preliminary results from an analysis the term nucleus in a nine million word corpus of nuclear physics articles written over thirty-six years, …

Community Design Of A Light-Rail Transit Oriented Development Using Casewise Visual Evaluation (Cave), Keiron Bailey, Ted H. Grossardt

Kentucky Transportation Center Faculty and Researcher Publications

The Transit Authority of River City (TARC) is in the preliminary engineering phases of developing a light-rail transit system running from downtown Louisville, Kentucky to the city’s southern suburbs, a distance of approximately 15 miles. In collaboration with the research team, TARC wished to test an innovative methodology for improving community participation in the design of a light rail transit-oriented development for the Smoketown/Shelby Park area. The Smoketown/Shelby Park neighborhood is a low-income area located to the south of the University of Louisville Medical Center. A suitable site for the station has been identified by TARC and its design partners, …

The Biopsychosocial Model Of Medicine: Implications For The Future Of Healthcare, Abby M. Luensmann

Presidential Scholars Theses (1990 – 2006)

The science of medicine is changing at an incredible rate. New treatments, technologies, and biologically-based discoveries seem to occur almost daily. In fact, the health care business has evolved into the largest service industry in the United States, grossing more than $1 trillion annually (Taylor, 2003). Despite the obvious attention paid to health-related issues in this country, is our health care system actually providing American citizens with the most efficient and effective care treatments possible? Do current medical practices have the best interests of the American public in mind, or are outdated philosophies being used to treat illnesses and diseases …

Understanding Foreign Language Education At Bfsu, Zhou Yan

Manusya, Journal of Humanities

The paper shows that the students at Beijing Foreign studies University (BFSU) are from various parts of the country with uneven exposure to and different training in English. They have to go through a period of adjustment: learning new materials, new ways of language learning as well as of unlearning certain learning habits gotten from their high schools. It is pointed out that language learning does not only mean mastering linguistic rules or structures but also understanding culture of the target language. In order to do this many things are required: motivation, willingness to do rote learning and monotonous drills …

The Voice Of The Unheard: An Evaluation Of And Proposed Solution To The Special Educational Needs Of Hearing Children Of Deaf Parents, Julie Ruschin

UC Law SF Journal on Gender and Justice

Spoken language acquisition depends on aural exposure to the language. A child must hear a language spoken. But more than this, the child must have the language directed at her in conversational context. Because spoken language acquisition requires something that may be beyond the capabilities of the State, and because language acquisition is an educational issue, the responsibility for providing a program to ensure that hearing children of deaf parents master spoken English rests on the State. The State should create programs to ensure that these children are properly exposed to spoken English during the brief period in life in …

Pilgrimage Or Exodus?: Responding To Faculty Faith Diversity At Religious Law Schools, Marie Failinger

Faculty Scholarship

Religiously affiliated law schools have, for the most part, given little thought to the integration of faculty members who are from faith communities other than their own. The article will consider the question of how religiously affiliated law schools truly include faculty members of all religious faiths in the development of mission and community in such law schools, using the lens of the religious metaphors of pilgrimage and Exodus. After presenting this typology for critiquing law school practices, the author deconstructs the very premises of the question through the metaphors of pilgrimage and Exodus. The author argues that a proper …

Kick It Up A Notch: First Amendment Protection For Commercial Speech, Deborah J. La Fetra

Case Western Reserve Law Review

No abstract provided.

"Children Are Not Second Class Citizens": Can Parents Stop Public Schools From Treating Their Children Like Guinea Pigs?, Beth Garrison

Valparaiso University Law Review

No abstract provided.

Intercountry Adoption As Child Trafficking, David M. Smolin

Valparaiso University Law Review

No abstract provided.

Wittgenstein And The Recovery Of Virtue, G. Scott Davis

Religious Studies Faculty Publications

Modern, scientific, man doesn't see miracles, only odd phenomena that call out for more thorough study. Ethics, like the miraculous, doesn't defy scientific explanation; it just doesn't exist. In what follows I hope to do two things., On the one hand, I want to embrace Wittgenstein's rejection of ethics as theory, in the sense of a systematic body of knowledge about the world. On the other, I hope to suggest that this rejection opens up conceptual space for understanding ethics as a critical human enterprise.

Creating A Video Device Application, Kevin Septor

Honors Theses

A video device, such as a webcam, has the capability to be used in many ways, including recording video and behaving like a security camera. A TV tuner card can also record video, and in addition be used for watching television. However, the video hardware and device driver the operating system uses to access it are only capable of delivering raw frames of video. A user space application is necessary for exploiting the capabilities of such a device beyond reading sequential frames of video. This research explores the desiderata in a powerful video device application, and introduces a program that …

Building Morocco Through Literacy: Women's Participation In Development, Elizabeth L. Holmes

Honors Theses

This thesis examines what factors are important for successful literacy provision in the case of urban Moroccan women. Literacy programs should teach participants not only to decipher symbols on paper, but should provide information relevant to the everyday context of learners' lives. As a result, newly literate individuals should perceive changes in their levels of self-esteem, empowerment, economic status, and health conditions. In Morocco, the government launched a large-scale literacy campaign in May 2003 to lower illiteracy, which currently affects about half of the population. In conjunction with this campaign, the Moroccan government is increasingly cooperating with NGOs, the principal …

The Battle For The University: The Vietnam-Era Student Movement At Universities In Central Illinois, David Bell

Masters Theses

America in the 1960s ran the gamut of social, economic, and political changes, from the assassination of political leaders to the apocalyptic potential of the Cuban Missile Crisis; from President Lyndon B. Johnson's promises of a Great Society, to the paralyzing effects of the Vietnam War. At the center of these domestic and international battles lay the "baby boomers," the largest-ever generation of Americans, and, not coincidentally, the largest generation of college students to enter the "ivory towers" of higher education. Raised in an era defined by cries for civil rights and "participatory democracy," these youths entered higher education determined …

Do Caucasian And African American Students Have Different Learning Styles?, Robin J. Black-Vannoy

Masters Theses

This study explored whether African American and Caucasian students have different learning styles. It specifically examined differences in preferred modes of information processing and instruction. Participants in the study completed the Dunn and Dunn Learning Style Inventory and the Kolb Learning Style Inventory. Subsequent analyses revealed that there were no significant differences in how African American and Caucasian students choose to process information for learning. However, there were some significant differences in preferred modes of instruction. African American students were more likely to prefer noisier and warmer learning environments, to snack while learning, and to learn in the late morning. …

A Similarity Based Concordance Approach To Word Sense Disambiguation, Ramakrishnan B. Guru

Masters Theses

This study attempts to solve the problem of Word Sense Disambiguation using a combination of statistical, probabilistic and word matching algorithms. These algorithms consider that words and sentences have some hidden similarities and that the polysemous words in any context should be assigned to a sense after each execution of the algorithm. The algorithm was tested with sufficient sample data and the efficiency of the disambiguation performance has proven to increase significantly after the inclusion of the concordance methodology.

Saudi Women's Society : Perceptions Of Saudi Arabian Women Living In The Upper Midwest, Philline M. Deraney

Theses and Dissertations

No abstract provided.

Phonological Processing Proficiency In Bilingual And Monolingual Children, Jill Mitchler

Theses and Dissertations

No abstract provided.

Critical Geography And The Real World In First-Year Writing Classrooms, Matthew I. Feinberg

The Journal of the Assembly for Expanded Perspectives on Learning

By helping students confront the ideologies that shape their physical and cultural experiences, critical geography in first year writing classrooms may be one means of collapsing the perceived distance between the classroom and the "real world."

Analyzing Dominant Cultural Narratives Of Religious Pluralism: A Study Of Oprah.Com, Patricia Webb, Zach Waggoner

The Journal of the Assembly for Expanded Perspectives on Learning

This essay analyzes Oprah.com, the website for multimedia mogul Oprah Winfrey, to examine the tensions between dominate religious ideologies and pluralism in America.

Connecting, Helen Walker, Joanne Katzmarek, Steven L. Vanderstaay, Irwin Ramirez Leopando, Christopher Sweet, Howard Wolf

The Journal of the Assembly for Expanded Perspectives on Learning

JoAnne Katzmarek—Thoughts Like Flying Grouse

Steven L. VanderStaay—I'm With You, Huck

Irwin Ramirez Leopando—A Moment of Connections

Christopher Sweet—The Brightening Glance

Howard Wolf—Personal Teaching

Reply To Joshua Meltzer, Joost Pauwelyn

Michigan Journal of International Law

A reply to Joshua Meltzer's comment on the author's paper Bridging Fragmentation and Unity: International Law as a Universe of Inter-Connected Islands