Digital Commons Network^™

Begging Underground? The Constitutionality Of Regulations Banning Panhandling In The New York City Subway System, Jordana Schreiber

Cardozo Law Review

No abstract provided.

Rocket And Radar Investigation Of Background Electrodynamics And Bottom-Type Scattering Layers At The Onset Of Equatorial Spread F, D. L. Hysell, M. F. Larsen, C. M. Swenson, A. Barjatya, T. F. Wheeler, T. W. Bullett, Et. Al.

Publications

Sounding rocket experiments were conducted during the NASA EQUIS II campaign on Kwajalein Atoll designed to elucidate the electrodynamics and layer structure of the postsunset equatorial F region ionosphere prior to the onset of equatorial spread F (ESF). Experiments took place on 7 and 15 August 2004, each comprised of the launch of an instrumented and two chemical release sounding rockets. The instrumented rockets measured plasma number density, vector electric fields, and other parameters to an apogee of about 450 km. The chemical release rockets deployed trails of trimethyl aluminum (TMA) which yielded wind profile measurements. The Altair radar was …

A Quantitative Method For Iso 17799 Gap Analysis, Bilge Karabacak, Ibrahim Sogukpinar

All Faculty and Staff Scholarship

ISO/IEC 17799:2005 is one of the leading standards of information security. It is the code of practice including 133 controls in 11 different domains. There are a number of tools and software that are used by organizations to check whether they comply with this standard. The task of checking compliance helps organizations to determine their conformity to the controls listed in the standard and deliver useful outputs to the certification process. In this paper, a quantitative survey method is proposed for evaluating ISO 17799 compliance. Our case study has shown that the survey method gives accurate compliance results in a …

Analysis Of The Mouse And Human Acyl-Coa Thioesterase (Acot) Gene Clusters Shows That Convergent, Functional Evolution Results In A Reduced Number Of Human Peroxisomal Acots., Mary Hunt, Anna Rautanen, Maria Westin, Thomas Svensson, Stefan Alexson

Articles

The maintenance of cellular levels of free fatty acids and acyl-CoAs, the activated form of free fatty acids, is extremely important as imbalances in lipid metabolism have serious consequences for human health. Acyl-CoA thioesterases (ACOTs) hydrolyze acyl-CoAs to the free fatty acid and CoASH, and thereby have the potential to regulate intracellular levels of these compounds. We have previously identified and characterized a mouse ACOT gene cluster, comprised of six genes that apparently arose by gene duplications, encoding acyl- CoA thioesterases with localizations in cytosol (ACOT1), mitochondria (ACOT2) and peroxisomes (ACOT3-6). However, the corresponding human gene cluster contains only three …

Newaygo County Advantage Initiative: 2005 Survey Results, Community Research Institute-Johnson Center

Research, Reports, and Publications

No abstract provided.

Nonprofits And Data: A How-To Series #3 - Using Data To Disseminate Information To Engage Community And Policymakers, 2006, Community Research Institute-Johnson Center

Research, Reports, and Publications

No abstract provided.

Nonprofits And Data: A How-To Series #4: Using Data To Evaluate Progress In Meeting Goals, 2006, Community Research Institute-Johnson Center

Research, Reports, and Publications

No abstract provided.

Redefining Physicians' Duties: An Argument For Eliminating The Physician-Patient Relationship Requirement In Actions For Medical Malpractice, Patrick D. Blake

Georgia Law Review

Nearly every state requires a patient to prove the existence of a formal physician-patient relationship in order to proceed with a claim for medical malpractice. In the absence of such a relationship, a physician's actions are measured by an ordinary negligence standard instead of the professional standard of care. Because courts have traditionally held that independent medical examinations, such as pre-employment health screenings, do not give rise to formal physician-patient relationships, individuals undergoing these examinations have been prevented from bringing malpractice claims against physicians who fail to disclose important health information detected during the examination. Recently, a small number of …

A Tragedy Of The Common: The Common Interest Rule, Its Common Misuses, And An Uncommon Solution, Nicole Garsombke

Georgia Law Review

Almost every state allows some form of the common interest rule, which protects communications and documents exchanged between attorney, client, and certain third parties from waiver of the attorney-client privilege. This Note is a critique of two important exceptions to privilege waiver, the common interest and coclient rules, and discusses the rationales and justifications for the exceptions, scenarios to which the exceptions apply, and other confusing elements of courts' applications and interpretations.An examination of the common interest and coclient rules in Georgia is provided to give a particular case study of the development and use of these two exceptions. Finally, …

Small Emergencies, Kim L. Scheppele

Georgia Law Review

In this Comment, I argue that the "normal" American constitutional order can be seen as thoroughly shot through with emergency law and that this constant sense of emergency has fundamentally shaped the possibilities of American constitutionalism. America is now-and has been since the First World War-virtually always in a state of emergency, one way or another. Sometimes these states of emergency have been local, other times they have been federal, and still other times they have been international. Sometimes these states of emergency have been political; other times they have been economic or social. Sometimes these states of emergency have …

Time To Look Abroad? The Legal Regulation Of Emergency Powers, William E. Scheuerman

Georgia Law Review

The starting point for Professor Levinson's thought-provoking ruminations on emergency power and constitutionalism is his deep skepticism about the Bush Administration's legal response to 9/11.1 In the context of the "war on terror," Professor Levinson accurately recounts, the Administration has claimed the right to override both longstanding domestic and international legal commitments.2 Even strict prohibitions on torture, it seems, are not exempt from the President's constitutionally based prerogative as "Commander in Chief to keep the nation out of harm's way, and only he apparently possesses the rightful authority to determine the fate of accused terrorists. Although many constitutional lawyers will …

The Future Of The Lemon Test: A Sweeter Alternative For Establishment Clause Analysis, Marcia S. Alembik

Georgia Law Review

For over three decades the Supreme Court has applied the three-pronged Lemon test to determine whether state actions violate the Establishment Clause. While the Lemon test remains the most widely accepted test for Establishment Clause analysis,the recent Supreme Court decisions of Van Orden v. Perry and McCreary County v. ACLU of Kentucky have highlighted the Court's ongoing unrest with its application. Although attempts at total replacement of the test have thus far proved unsuccessful, modifications and alternatives to the test and its individual prongs are continually introduced and applied. The Court's lack of a consistent, definite test for Establishment Clause …

Chicken Little Revisited: Nafta Regulatory Expropriations After Methanex, Jessica C. Lawrence

Georgia Law Review

In August, 2005, a NAFTA dispute-resolution panel handed down its decision in Methanex Corp. v. United States, holding that, inter alia, California's regulatory ban on the gasoline additive MTBE was not a regulatory expropriation under NAFTA's Article 1110. Many of NAFTA's supporters reacted jubilantly to the decision, claiming that it proved--contrary to the "doomsday predictions" of anti-NAFTA "Chicken Littles"--that the agreement's investment chapter does not interfere with states' ability to enact regulations designed to protect the public interest. Such elation, however, is premature. This Note explains how, far from having "consigned to the garbage heap" the idea that the regulatory …

Textualism In Gatt/Wto Jurisprudence: Lessons For The Constitutionalization Debate, Dongsheng Zang

Articles

Today, the World Trade Organization (WTO) jurisprudence is subject to tremendous controversy, the WTO panels' or Appellate Body's interpretation of a WTO text is often heatedly debated; and yet, there seems not much attention paid to the general methodology of interpretation in the practice of the General Agreement on Tariff and Trade (GATT) and WTO jurisprudence, even in a recent debate over constitutionalization between Petersmann and his critics. In rejecting his human rights approach to constitutionalization, Petersmann's critics, rightfully, warn him that he has failed to appreciate the complex relations between human rights and free trade in the history of …

Giving Intellectual Property, Xuan-Thao Nguyen, Jeffrey A. Maine

Articles

The interdisciplinarity of intellectual property and taxation poses many challenges to the disparate existing norms in each respective field of law. This Article identifies and critiques the current tax regime governing the giving of intellectual property as a manifestation of the failure to understand the principles and policies underlying intellectual property and the firm. It proposes an economic, incentives-based system that would encourage firms to extricate part of their repository of residual rights by surrendering their monopolistic ownership of intellectual property for the benefit of charitable organizations and, in turn, the development and growth of society.

Documenting The Impact Of Measure 37: Selected Case Studies, Sheila A. Martin, Katie Shriver

Institute of Metropolitan Studies Publications

Oregon has long been known for progressive planning policies and visionary government. The passage of Senate Bill 100 in 1973 ushered in Oregon’s modern era of land use planning and reflected a commitment by Oregonians to the protection of farm land and other natural resources while planning for substantial urban growth. Many other states have envied Oregon’s framework as they struggle with the pressures of urban sprawl. While other states were quickly converting farmland to residential uses, Oregon converted just over one percent of its farmland to other uses between 1982 and 1997.

On November 2, voters in Oregon chose …

Community Partner Indicators Of Engagement: An Action Research Study On Campus-Community Partnership, Sean J. Creighton

Antioch University Dissertations & Theses

The central purpose of this research study was to develop common indicators of engagement for civic initiatives between institutions of higher education and their community organization partners. The unique aspect of this study was that the indicators were generated by the community organizations participating as stakeholders in campus-community partnerships. Using an action research methodology that involved eleven community organization participants from the health and wellness sector, the study advocated for research that provided a deeper understanding of the perspectives of community organizations. Findings suggested that significant divides existed in core civic areas dealing with service-learning, relevance of academic research, and …

Podcasting And Copyright: The Impact Of Regulation On New Communication Technologies, Edward L. Carter, Scott Lunt

Santa Clara High Technology Law Journal

No abstract provided.

Calibrating Patent Lifetimes, Eric E. Johnson

Santa Clara High Technology Law Journal

No abstract provided.

Territorial Impact Factors: An Argument For Determining Patent Infringement Based Upon Impact On The U.S. Market, Elizabeth M. N. Morris

Santa Clara High Technology Law Journal

No abstract provided.

Geographical Indications Of Origin: Should They Be Protected And Why? An Analysis Of The Issue From The U.S. And Eu Perspectives, Lina Monten

Santa Clara High Technology Law Journal

No abstract provided.

The Right Of Integrity In Software: An Economic Analysis, Yonatan Even

Santa Clara High Technology Law Journal

No abstract provided.

The Intent Element Of Induced Infringement, Timothy R. Holbrook

Santa Clara High Technology Law Journal

No abstract provided.

Common-Sense (Federal) Common Law Adrift In A Statutory Sea, Or Why Grokster Was A Unanimous Decision, Jay R. Dratler

Santa Clara High Technology Law Journal

No abstract provided.

A Brief History Of Indirect Liability For Patent Infringement, Charles W. Adams

Santa Clara High Technology Law Journal

No abstract provided.

Secondary Liability For Trade Secret Misappropriation: A Comment, Robert G. Bone

Santa Clara High Technology Law Journal

No abstract provided.

Rebalancing Section 512 To Protect Fair Users From Herds Of Mice - Trampling Elephants, Or A Little Due Process Is Not Such A Dangerous Thing, Malla Pollack

Santa Clara High Technology Law Journal

No abstract provided.

Importing Kazaa - Exporting Grokster, Graeme W. Austin

Santa Clara High Technology Law Journal

No abstract provided.

The Negligent Enablement Of Trade Secret Misappropriation, Michael L. Rustad

Santa Clara High Technology Law Journal

No abstract provided.

Efficient Process Or Chilling Effects - Takedown Notices Under Section 512 Of The Digital Millennium Copyright Act, Jennifer M. Urban, Laura Quilter

Santa Clara High Technology Law Journal

No abstract provided.