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2004

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Wasting Resources: Reinventing The Scope Of Waiver Resulting From The Advice-Of-Counsel Defense To A Charge Of Willful Patent Infringement, David O. Taylor Jan 2004

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 …


Human Performance Reliability: On-Line Assessment Using Fuzzy Logic, William J. Kolarik, Jeffrey C. Woldstad, Susan Lu, Huitian Lu Jan 2004

Human Performance Reliability: On-Line Assessment Using Fuzzy Logic, William J. Kolarik, Jeffrey C. Woldstad, Susan Lu, Huitian Lu

Department of Industrial and Management Systems Engineering: Faculty Publications

This paper presents an on-line approach to monitoring human performance in terms of conditional reliability when one is performing a task. Unlike traditional human reliability analysis, this approach develops a dynamic model that is able to cope with constantly changing conditions that affect operator performance. A fuzzy knowledge-based assessment approach is developed in order to deal with uncertainty and subjectivity associated with human performance assessment. This technology includes three main parts/functions: (i) on-line performance monitoring; (ii) real-time performance forecasting; and (iii) performance reliability assessment. The technology is demonstrated in real-time and provides timely conditioned reliability information regarding task success/failure. In …


A Preferred Vision For Leading The Secondary School : A Reflective Essay, Chad David Wolf Jan 2004

A Preferred Vision For Leading The Secondary School : A Reflective Essay, Chad David Wolf

Graduate Research Papers

As I reflected on past experiences in my life, I found myself in a position of leadership. Interestingly, one ofmy earliest leadership experiences happened around the age of ten. The neighborhood I grew up in had several families with children. It was natural back then for us to play outside most of our free time. As children, it was not unusual for us to have times when no one could make a decision on what we would do that day. On many occasions, I found myself being selected to make the decision for the group. My childhood years were the …


What I Believe About Educational Leadership: A Reflective Essay, Janet Young Jan 2004

What I Believe About Educational Leadership: A Reflective Essay, Janet Young

Graduate Research Papers

Education, in my opinion, is one of the most honorable professions a person can experience. Each teacher or principal involved with educating children is someone that makes a difference in the lives of children and influences them as they become adults. It is amazing to think about the profound impact each educator has on others. No other occupation has such a responsibility. I believe that all children can learn, and I have had a passion for making that a reality since my childhood. I know that I can help children reach their potential. Parents must know that we cherish their …


Keep Your Home Healthy, Kenneth Hellevang Jan 2004

Keep Your Home Healthy, Kenneth Hellevang

AE Series – Agricultural Engineering/ABEN

No abstract provided.


Spray Equipment And Calibration, Vern Hofman, Elton Solseng Jan 2004

Spray Equipment And Calibration, Vern Hofman, Elton Solseng

AE Series – Agricultural Engineering/ABEN

No abstract provided.


Gps Applications In Crop Production, John Nowatzki, Vern Hofman, Lowell Disrud Jan 2004

Gps Applications In Crop Production, John Nowatzki, Vern Hofman, Lowell Disrud

AE Series – Agricultural Engineering/ABEN

No abstract provided.


Suggested Best Management Practices For The Coexistence Of Organic, Biotech And Conventional Crop Production Systems, Ken Bertsch, Ab Basu, Greg Daws Jan 2004

Suggested Best Management Practices For The Coexistence Of Organic, Biotech And Conventional Crop Production Systems, Ken Bertsch, Ab Basu, Greg Daws

E Series – Entomology

No abstract provided.


Instructions For Use Of Fly Ash To Stabilize Soil In Livestock Facilities, Tera Buckley, Vernon L. Anderson, Debra Pflughoeft-Hassett, Andrew Stewart Jan 2004

Instructions For Use Of Fly Ash To Stabilize Soil In Livestock Facilities, Tera Buckley, Vernon L. Anderson, Debra Pflughoeft-Hassett, Andrew Stewart

AS Series – Animal Science

No abstract provided.


Measurement Of The Electric Form Factor Of The Neutron At Q² = 0.5 And 1.0 Gev²/C², Jefferson Lab E93-026 Collaboration, G. Warren, F. Wesselmann, H. Zhu, A. Klimenko, S. E. Kuhn, L. Yuan, J. Yun, B. Zihlmann, Et Al. Jan 2004

Measurement Of The Electric Form Factor Of The Neutron At Q² = 0.5 And 1.0 Gev²/C², Jefferson Lab E93-026 Collaboration, G. Warren, F. Wesselmann, H. Zhu, A. Klimenko, S. E. Kuhn, L. Yuan, J. Yun, B. Zihlmann, Et Al.

Physics Faculty Publications

The electric form factor of the neutron was determined from measurements of the →d( →e, e'n)p reaction for quasielastic kinematics. Polarized electrons were scattered off a polarized deuterated ammonia (15ND3) target in which the deuteron polarization was perpendicular to the momentum transfer. The scattered electrons were detected in a magnetic spectrometer in coincidence with neutrons in a large solid angle detector. We find GnE =0.0526 ± 0.0033(stat) ± 0.0026(sys) and 0.0454 ± 0.0054 ± 0.0037 at Q2=0.5 and 1.0 (GeV/c)2, respectively.


Measurement Of Beam-Spin Asymmetries For Π⁺ Electroproduction Above The Baryon Resonance Region, K. V. Dharmawardane, G. E. Dodge, C. E. Hyde-Wright, S. E. Kuhn, L. M. Qin, F. Sabatié, L. B. Weinstein, J. Yun, Et Al., Clas Collaboration Jan 2004

Measurement Of Beam-Spin Asymmetries For Π⁺ Electroproduction Above The Baryon Resonance Region, K. V. Dharmawardane, G. E. Dodge, C. E. Hyde-Wright, S. E. Kuhn, L. M. Qin, F. Sabatié, L. B. Weinstein, J. Yun, Et Al., Clas Collaboration

Physics Faculty Publications

We report the first evidence for a nonzero beam-spin azimuthal asymmetry in the electroproduction of positive pions in the deep-inelastic kinematic region. Data for the reaction e→pe'π+X have been obtained using a polarized electron beam of 4.3 GeV with the CEBAF Large Acceptance Spectrometer at the Thomas Jefferson National Accelerator Facility. The amplitude of the sin ᵠ modulation increases with the momentum of the pion relative to the virtual photon, z. In the range z = 0.5-0.8 the average amplitude is 0.038 ± 0.005 ± 0.003 for a missing mass Mx > 1.1 GeV and 0.037 …


Global Legal Education And Human Rights, Claudio Grossman Jan 2004

Global Legal Education And Human Rights, Claudio Grossman

Human Rights Brief

No abstract provided.


International Response To Internal Displacement: A Revolution In The Making, Francis Deng Jan 2004

International Response To Internal Displacement: A Revolution In The Making, Francis Deng

Human Rights Brief

No abstract provided.


Spray Equipment And Calibration, Vern Hofman, Elton Solseng Jan 2004

Spray Equipment And Calibration, Vern Hofman, Elton Solseng

AE Series – Agricultural Engineering/ABEN

No abstract provided.


Effect Of Elevated-Rim Acetabular Liner And 32-Mm Femoral Head On Stability In Total Hip Arthroplasty, Duwairi M. Qassem, Karlson B. Smith Jan 2004

Effect Of Elevated-Rim Acetabular Liner And 32-Mm Femoral Head On Stability In Total Hip Arthroplasty, Duwairi M. Qassem, Karlson B. Smith

Saudi Medical Journal

OBJECTIVE: Although the theoretical attractions of the elevated rim are obvious and have been widely accepted as a mean to improve the postoperative stability, the clinical advantages have not been demonstrated. The aim of this study is to further evaluate the elevated liners contribution to stability. METHODS: Forty-six patients with 50 hips undergoing primary total hip arthroplasty (THA) were enrolled in this study, conducted in Rush Hospital, Chicago, Illinois, United State of America, between March 2001 and February 2003. We tried to determine the amount of additional stability that can be provided by elevated-rim liner compared to the non-elevated liners …


Albert Einstein, Esq., Steven Goldberg Jan 2004

Albert Einstein, Esq., Steven Goldberg

Georgetown Law Faculty Publications and Other Works

Albert Einstein’s 1905 paper setting forth the special theory of relativity is one of the most famous scientific articles ever written. Peter Galison’s influential book, Einstein’s Clocks, Poincaré’s Maps: Empires of Time (2003), demonstrates that Einstein’s paper was fundamentally shaped by his work as a patent examiner by showing that arguments previously seen as abstract thought experiments were instead derived from Einstein’s work on patent applications for devices that coordinate clocks. Moving beyond Galison’s insights, we can see portions of Einstein’s paper as reflecting the quasi-judicial role of a patent examiner. Like trial judges, patent examiners must apply settled legal …


Anomalies, Warts And All: Four Score Of Liberty, Privacy And Equality, Francisco Valdes Jan 2004

Anomalies, Warts And All: Four Score Of Liberty, Privacy And Equality, Francisco Valdes

Articles

Lawrence was decided exactly eighty years after the first liberty-privacy case, and in the midst of a fierce kulturkampf striving to roll back civil rights generally. In this Article, Professor Valdes situates Lawrence in the context formed both by these four score of liberty-privacy jurisprudence that precede it as well as by the politics of backlash that envelop it today. After canvassing the landmark rulings from Meyer in 1923 to Lawrence in 2003, in the process acknowledging both their emancipatory strengths and their traditionalist instrumentalism, Professor Valdes concludes that Lawrence is a long overdue recognition of the prior precedents and …


Lord Of The Liens: Towards Greater Efficiency In Secured Syndicated Lending, William H. Widen Jan 2004

Lord Of The Liens: Towards Greater Efficiency In Secured Syndicated Lending, William H. Widen

Articles

No abstract provided.


Changing Channels And Bridging Divides: The Failure And Redemption Of American Broadcast Television Regulation, Anthony E. Varona Jan 2004

Changing Channels And Bridging Divides: The Failure And Redemption Of American Broadcast Television Regulation, Anthony E. Varona

Articles

No abstract provided.


Aminoacyl-Trnas: Setting The Limits Of The Genetic Code, Michael Ibba, Dieter Söll Jan 2004

Aminoacyl-Trnas: Setting The Limits Of The Genetic Code, Michael Ibba, Dieter Söll

Biology, Chemistry, and Environmental Sciences Faculty Articles and Research

Aminoacyl-tRNAs (aa-tRNAs) are simple molecules with a single purpose—to serve as substrates for translation. They consist of mature tRNAs to which an amino acid has been esterified at the 3′-end. The 20 different types of aa-tRNA are made by the 20 different aminoacyl-tRNA synthetases (aaRSs, of which there are two classes), one for each amino acid of the genetic code (Ibba and Söll 2000). This would be fine if it were not for the fact that such a straightforward textbook scenario is not true in a single known living organism. aa-tRNAs lie at the heart of gene expression; they interpret …


The Anti-Emergency Constitution, Laurence H. Tribe, Patrick O. Gudridge Jan 2004

The Anti-Emergency Constitution, Laurence H. Tribe, Patrick O. Gudridge

Articles

No abstract provided.


Evaluation Of Artificial Lighting Sources For The Acquisition Of Color Infrared Imagery Under Glasshouse Conditions, Kenneth R. Summy, Christopher R. Little, Ruben A. Mazariegos, Diana Lee Hinojosa-Kettelkamp, Jeri Carter, Shireen Yousef, Robert Valdez Jan 2004

Evaluation Of Artificial Lighting Sources For The Acquisition Of Color Infrared Imagery Under Glasshouse Conditions, Kenneth R. Summy, Christopher R. Little, Ruben A. Mazariegos, Diana Lee Hinojosa-Kettelkamp, Jeri Carter, Shireen Yousef, Robert Valdez

School of Integrative Biological & Chemical Sciences (Formerly Dept. of Biology)

English: Research was conducted to evaluate the spectral properties, illumination intensities and lighting patterns of four basic categories of bulbs and lamps which could conceivably serve as sole lighting sources for the acquisition of color infrared (CIR) imagery under glasshouse conditions. Bulbs and lamps in two major categories (fluorescent tubes and sodium- and mercury-vapor glasshouse lamps) were deemed unsuitable for this purpose either because they emitted little or no nearinfrared (NIR) radiation or because they imparted an overall bluish cast that seriously degraded the quality of CIR imagery. All of the incandescent and quartz halogen lamps evaluated in these studies …


Factors Controlling Seagrass Revegetation Onto Dredged Material Deposits: A Case Study In Lower Laguna Madre, Texas, James E. Kaldy, Kenneth H. Dunton, Joseph L. Kowalski, Kun-Seop Lee Jan 2004

Factors Controlling Seagrass Revegetation Onto Dredged Material Deposits: A Case Study In Lower Laguna Madre, Texas, James E. Kaldy, Kenneth H. Dunton, Joseph L. Kowalski, Kun-Seop Lee

School of Integrative Biological & Chemical Sciences (Formerly Dept. of Biology)

Our objective was to evaluate the influence of water quality and sediment chemistry on the survival and growth of Halodule wrightii transplanted onto unconsolidated dredged materials in Lower Laguna Madre, TX. Subsequent to transplanting activities, we measured environmental conditions and seagrass parameters at transplant and natural beds over a 1-yr period. Although water quality characteristics at the transplant and comparison sites were compatible with seagrass growth, transplants failed to survive for more than a few months. Seagrasses at natural sites received high light (>6000 mols m−2 y−1) and exhibited typical patterns of annual growth, biomass and density as well …


Treaty Governance, Intellectual Property And Biodiversity, John Linarelli Jan 2004

Treaty Governance, Intellectual Property And Biodiversity, John Linarelli

Scholarly Works

When resources become valuable, various social and institutional pressures come to bear to enclose them in a property rights regime. Given the substantial progress of biotechnology and the life sciences, genetic resources found in biological diversity are experiencing such pressures. The question of how much commodification or commercialization of genetic resources is appropriate is of global concern; it affects the distribution of wealth in and among societies and countries. This article explores the emerging treaty law on intellectual property and biodiversity. It inquires What is biodiversity? and Why is biodiversity preservation important? It then focuses on the United Nations Framework …


Ecology, Morphology, And Germination Physiology Of Tree Seeds In A Tropical Semievergreen Forest In The Panama Canal Watershed, With Special Reference To Seed Dormancy Classes Along A Precipitation Gradient, Adriana Elena Sautu Jan 2004

Ecology, Morphology, And Germination Physiology Of Tree Seeds In A Tropical Semievergreen Forest In The Panama Canal Watershed, With Special Reference To Seed Dormancy Classes Along A Precipitation Gradient, Adriana Elena Sautu

University of Kentucky Master's Theses

The Panama Canal Watershed (PCW) represents a special opportunity for studies related to seed dormancy in the tropics with both applied and basic research objectives. There is a clear need for seed information for nursery planning in restoration projects that involves use of a large number of local species. Moreover, the strong rainfall gradient along the 60 km of continuous lowland forest in the PCW represents an excellent opportunity to understand dormancy and its role as an adaptive trait that evolved in response to environmental factors. This study presents useful seed information for 100 tree species native to the PCW. …


Automated Synthesis Of Virtualblocks For Interfacing System Under Test, Andrew Hai Liang She Jan 2004

Automated Synthesis Of Virtualblocks For Interfacing System Under Test, Andrew Hai Liang She

University of Kentucky Master's Theses

In this thesis, I/O signal recognizers, called VIRTUALBLOCKS, are synthesized to interface with a SYSTEM UNDER TEST (SUT). Methods for automated synthesis of virtualblocks allow us to simulate environment interfaces with SUT and also perform fault detection on SUT. Such methods must be able to recognize incoming sequences of signals from SUT, and upon the signal recognition determine the proper outgoing sequences of signals to SUT. We characterize our systems into four distinctive systems: system under test, AUXILIARY SYSTEM, controller and external environment. The auxiliary system is represented as a form of condition system Petri net (virtualblocks) and interacts with …


Finite Element Simulation Of Indentation Of Porous Materials, Aditi Saran Jan 2004

Finite Element Simulation Of Indentation Of Porous Materials, Aditi Saran

University of Kentucky Master's Theses

Finite element simulation of indentation is presented in this thesis. A rigid cylindrical indenter of flat end is used in all the cases, in which the simulation focuses on the effect of a hole on the indentation behavior of materials including elastic and elasto-plastic materials. In the simulation, the material is assumed to be a half-space. The relations between load and displacement are determined as a function of the hole size. Also indentation under cyclic loading is simulated for an elastic-perfect plastic half space. The influence of factors causing fatigue deformation like amplitude, median load and frequency is addressed. The …


Optimization Of Blowing And Suction Control On Naca0012 Airfoil Using Genetic Algorithm With Diversity Control, Liang Huang Jan 2004

Optimization Of Blowing And Suction Control On Naca0012 Airfoil Using Genetic Algorithm With Diversity Control, Liang Huang

University of Kentucky Doctoral Dissertations

Active control of the flow over an airfoil is an area of heightened interest in the aerospace community. Previous research on flow control design processes heavily depended on trial and error and the designers knowledge and intuition. Such an approach cannot always meet the growing demands of higher design quality in less time. Successful application of computational fluid dynamics (CFD) to this kind of control problem critically depends on an efficient searching algorithm for design optimization. CFD in conjunction with Genetic Algorithms (GA) potentially offers an efficient and robust optimization method and is a promising solution for current flow control …


Optimization And Simulation Of Just-In-Time Supply Pickup And Delivery Systems, Keng Hoo Chuah Jan 2004

Optimization And Simulation Of Just-In-Time Supply Pickup And Delivery Systems, Keng Hoo Chuah

University of Kentucky Doctoral Dissertations

A just-in-time supply pickup and delivery system (JSS) manages the logistic operations between a manufacturing plant and its suppliers by controlling the sequence, timing, and frequency of container pickups and parts deliveries, thereby coordinating internal conveyance, external conveyance, and the operation of cross-docking facilities. The system is important to just-in-time production lines that maintain small inventories. This research studies the logistics, supply chain, and production control of JSS. First, a new meta-heuristics approach (taboo search) is developed to solve a general frequency routing (GFR) problem that has been formulated in this dissertation with five types of constraints: flow, space, load, …


Observed Nonlinear Responses In Patterned Superconducting, Ferromagnetic, And Interacting Thin Films, Daniel Byron Watkins Jan 2004

Observed Nonlinear Responses In Patterned Superconducting, Ferromagnetic, And Interacting Thin Films, Daniel Byron Watkins

University of Kentucky Doctoral Dissertations

Many advances in technology ranging from biology and medicine through engineering and computer science to fundamental physics and chemistry depend upon the capability to control the fabrication of materials and devices at the submicron scale. Quantum mechanical effects become increasingly important to atomic and molecular interactions as the distances between neighbors decrease. These effects will provide materials and device designers with additional flexibility to establish properties of the designers choice, but the cost of this additional flexibility must be paid in the complexity of nonlinearities entering the interactions and the design process. The work presented here has provided several early …