Digital Commons Network^™

Reimposable Discounts And Medieval Contract Penalties, James P. George

Faculty Scholarship

Penalty damages in contract -- contrary to Anglo-American law since the late Middle Ages -- ironically are common as reimposed discounts in modern consumer contracts. The reimposable discount is a late-twentieth-century sales scheme that combines legal puffery with illegal penalties. These pitches are used to sell furniture, appliances, cell phones, cars, to rent apartments, and to promote elective eye surgery. The offers are tempting and often heavily marketed in the media.

The common premise is that if the buyer acts now, the seller will discount the good or service by reducing the price, or by postponing the first payment and …

The International Enclosure Movement, Peter K. Yu

Faculty Scholarship

Most of the recent intellectual property literature concerns the enclosure of the public domain or the one-way ratchet of intellectual property protection. While these concerns are significant and rightly placed, a different, and perhaps more important, enclosure movement is currently taking place at the international level. Instead of the public domain, this concurrent movement encloses the policy space of individual countries and requires them to adopt one-size-fits-all legal standards that ignore their local needs, national interests, technological capabilities, institutional capacities, and public health conditions. As a result of this enclosure, countries are forced to adopt inappropriate intellectual property systems, and …

Odious Debts Or Odious Regimes, Patrick Bolton, David Skeel

Law and Contemporary Problems

Odious regimes have always been there. That there is no silver-bullet solution that will prevent odious regimes from arising, or stymie them once they do, is evident from the plethora of responses employed by the international community once a regime's odiousness becomes clear. Current odious debt doctrine dates back to a 1927 treatise by a wandering Russian academic named Alexander Sack. The Sack definition contemplates a debt-by-debt approach to questionable borrowing. If a loan is used to benefit the population--to build a highway or water-treatment plant, for instance--the obligation would be fully enforceable, no matter how pernicious the borrower regime. …

Beyond The Sea And Spector: Reconciling Port And Flag State Control Over Cruise Ship Onboard Environ-Mental Procedures And Policies, Asia N. Wright

Duke Environmental Law & Policy Forum

No abstract provided.

Promoting And Establishing The Recovery Of Endangered Species On Private Lands: A Case Study Of The Gopher Tortoise, Blake Hudson

Duke Environmental Law & Policy Forum

No abstract provided.

The Etiology Of Mycobacterium Avium Subspecies Paratuberculosis In Crohn's Disease., Ahmed M. Alluwaimi

Saudi Medical Journal

The etiology of Crohn9s disease (CD) has drawn heated controversy in the literature. Compelling evidence in the literature has accumulated lately that could incriminate the Mycobacterium avium subspecies paratuberculosis (MAP), the well-known agent of John9s disease in cattle. The evidence is isolation of the organism or its DNA and RNA, detection of the anti-MAP antibodies in Crohn9s patients, increasing incidents of CD in areas close to the cattle pastures, and the possibility of treating the disease with the antibiotics. The group that favors the immune dysregulation theory considered this evidence circumstantial due to the variations in these reports. The treatment …

The Daughters Of Charity As Civil War Nurses, Caring Without Boundaries, Betty Ann Mcneil D.C.

Vincentian Studies

Betty Ann McNeil uses the words and experiences of five Daughters of Charity to illustrate the service of the 270 sisters who nursed wounded soldiers on both sides of the Civil War in Union and Confederate territory. According to McNeil, the sisters “crossed boundaries of locale, politics, and religion . . . for the sake of the Vincentian mission.” This included crossing army lines. They faced great personal danger and hardship and adapted their organization to meet ever changing wartime conditions in a variety of settings, including major battlefields. They also had to acclimate themselves to regional cultures. Despite the …

"Prologue To A Farce?" A Historical Perspective On The Aipac Case And The Applicability Of The Espionage Act To Journalists, Peter Shapiro

Cardozo Public Law, Policy & Ethics Journal

The note argues that the expansion of the Espionage Act of 1917 to prosecute private citizens, as seen in the AIPAC case, poses a significant threat to press freedom and democratic governance. This shift marks a dangerous precedent, as it potentially criminalizes activities protected by the First Amendment, such as journalism, and undermines the balance between national security and the public's right to know.

Utpa Stats At A Glance - Fall 2007, University Of Texas-Pan American

UTPA Archives - Stats At A Glance

No abstract provided.

The Collegian (2007-10-01), Isis Lopez

UTB/TSC Archives - The Collegian [Newspaper]

Vol. 60, No. 6

Social Mnemonics Of Style: A Comparative Study Of Günter Grass’ Novella Crabwalk And The Vietnam Veterans Memorial, Jaroslava Gajdosova

Reconstruction: Studies in Contemporary Culture

Sociological studies of collective memory have pointed out that forms, such as commemorative genres or the narrative styles, can influence how societies interpret and remember their pasts. [1] While drawing from these studies and from Hayden White's theory of the narrative tropes this essay compares the mnemonic work of style in two works of art - in Günter Grass' novella Crabwalk and in the Vietnam Veterans Memorial in Washington D.C. Both artifacts share attributes that are sociologically interesting: they are social testimonies about a difficult past, though the difficulties that German and American societies experienced are of different …

Contractual Expansion Of The Scope Of Patent Infringement Through Field-Of-Use Licensing, Mark R. Patterson

William & Mary Law Review

Patentees sometimes employ field-of-use licenses, under which they grant the right to use their inventions, but only in specified ways. Field-of-use licensing is often procompetitive, because the ability to provide different licensing terms for different users can encourage broader licensing of inventions. But in recent cases, the Court of Appeals for the Federal Circuit and several district courts have upheld field-of-use licenses that prohibited activities that would otherwise have been permitted by patent law, such as the repair and resale of patented products. By treating any violation of a license agreement as patent infringement, and by upholding license provisions that …

Growing ‘Black Diamonds’: The Role Of The Government In Small Business Development And Black Entrepreneurship, Will Houghteling

Independent Study Project (ISP) Collection

One of the most damaging and threatening legacies of the Apartheid system is the enormous wealth inequality gap that still persists today. The gulf between the ‘haves’ and the ‘have-nots’ perpetuates problems of crime, educational attainment gaps and racial isolation and therefore minimizing this inequality is central to future economic stability and national success. In an effort to reconcile past injustices and create a more even and just wealth distribution the post Apartheid government focused on aiding black small business development and spurring entrepreneurship to as a sustainable route to economic growth and job creation. However, as various reports indicate, …

A Través De Nuestros Ojos: Un Estudio Fotográfico De Niños Trabajadores En Cochabamba, Bolivia, Margaret Ann Stewart

Independent Study Project (ISP) Collection

Vivir en la calle “es como pelear por tu vida, si no la defendés, no sobrevivís. Es como una guerra diaria” (Defensa de los Niños, 1997: 40). Es cierto que la vida en la calle es una vida muy dura y pesada. Pero para personas que no han vivido en las calles, que siempre han tenido las cosas necesarias para vivir bien y cómodamente, es difícil entender verdaderamente esta vida que es la realidad para numerosos bolivianos, muchos de los que son jóvenes.

La juventud debe ser un tiempo para divertirse y aprender. Es un tiempo de vida que debe …

Real Donors, Real Consent: Testing The Theory Of Reasoned Action On Organ Donor Consent, Keith Weber, Matthew M. Martin, Michael W. Corrigan

Elementary & Secondary Education Faculty Research

In an attempt to apply the theory of reasoned action (TRA) to the process underlying organ donor consent, participants completed questionnaires concerning their affective responses to organ donation, as well as their intentions to donate. Participants were given the opportunity to sign an organ donor card. Those who chose to sign the card had more positive attitudes about donation, perceived donation as something that their reference group would encourage, and had stronger intentions to consent to signing a card. The current investigation extends the organ donor literature by using a true behavioral outcome measure indicating consent. Moreover, the pattern of …

Liberalism, Faith, And The Virtue Of Anxiety, Derek Malone-France

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

Point Allocation History For Fall Semester 2007, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Ama Symposium: Identification Of Intimate Partner Violence In Health Care Settings: What's The Evidence?, Harriet L. Macmillan

DePaul Journal of Health Care Law

No abstract provided.

Dialogue Magazine, Fall 2007

Dialogue, the magazine of the DePaul University College of Law

No abstract provided.

Bernalillo Mainstreet: Community Economic Assessment, Jeffrey Mitchell, Molly J. Bleecker, Joshua M. Akers

BBER Publications

An economic assessment of the town of Bernalillos trade area and MainStreet district. Selected demographic, housing, and economic characteristics of Bernalillo, Sandoval County, and the state of New Mexico are examined. Employment, income, consumer spending, and pull factors are analyzed. Concludes with a discussion of opportunities and challenges for the area. Illustrated with data tables, maps, and charts.'

The Free Press Vol. 39, Issue No. 5, 10-01-2007, Angelique Carson

Free Press, The

One step at a time--Strength, speed and sex appeal on skates--USMers make award-winning impacts--Obama sweeps through Portland--WMPG fights for the return of radio--Beyond the bachelor’s degree

Statement, Fall 2007, Office Of Alumni Relations. Morehead State University

Morehead State Alumni Association Publications

Statement magazine of Morehead State University for Fall of 2007.

October Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“No Refuge Here: Iraqis Flee, but Where?” by Joseph Huff-Hannon. Dissent. Summer 2007.

Found In Translation: From Hollywood Hits To Bollywood Blockbusters, Ally Ostrowski

Journal of Religion & Film

Bollywood cinema is a proverbial machine, cranking out upwards of 800 new films each year. Recently, however, Indian directors have begun looking toward Hollywood for an abundance of storylines to reform for Bollywood consumers. In most cases the original Hollywood plotline is indiscernible amidst the Bollywood panacea of singing and dancing and Indian religious references are often inserted to validate and legitimate characterizations, situations and bring an Indian cultural atmosphere that Bollywood audiences require. This paper examines the translation of several Hollywood hits into Bollywood blockbusters and explores why religion is an integral trope utilized in making sensitive plotlines derived …

Atonement, Jon Snodgrass

Journal of Religion & Film

This is a review of Atonement (2007).

The Persistence Of The Sacred In Baz Luhrmann's Romeo + Juliet, Christopher Baker

Journal of Religion & Film

Romeo + Juliet (1996) is a hip, stylish update of Shakespeare's Romeo and Juliet in a contemporary American Hispanic setting. The film's pervasive religious images have generally been seen as mere cultural trappings devoid of any genuine religious import. However, elements of the film are similar to the religious aspects of the Mexican fiesta, which mingles the sacred and the profane. Also, while most of the film's characters seem unresponsive to the religious imagery around them, this is not true for Romeo and Juliet themselves, for whom this symbolism denotes the spiritual dimension of their love.

Law School Record, Vol. 54, No. 1 (Fall 2007), Law School Record Editors

Law School Record

• Message from the Dean
• Executive Compensation: Who'da Figured?
• Declarations of Independence
• Taking Corporate Law Out of the Classroom
• The Harry A. Bigelow Legal Research and Writing Program
• Commencement Remarks to the Class of 2007 - Don't Trust Me (Except This One Time)
• Clinic News
• Faculty News
• Alumni In Memoriam
• 2007 Graduates

Knowledge And Skills Required To Provide Health Information Related Virtual Reference Services: Evidence From A Survey, Feili Tu

Faculty Publications

http://www.ncbi.nlm.nih.gov/pmc/journals/72/ ©2007 Medical Library Association

Mutations Affecting A Putative Mutla Endonuclease Motif Impact Multiple Dna Mismatch Repair Functions, Naz Erdeniz, Megan Nguyen, Suzanne M. Deschênes, R. Michael Liskay

Biology Faculty Publications

Mutations in DNA mismatch repair (MMR) lead to increased mutation rates and higher recombination between similar, but not identical sequences, as well as resistance to certain DNA methylating agents. Recently, a component of human MMR machinery, MutLα, has been shown to display a latent endonuclease activity. The endonuclease active site appears to include a conserved motif, DQHA(X)₂E(X)₄E, within the COOH-terminus of human PMS2. Substitution of the glutamic acid residue (E705) abolished the endonuclease activity and mismatch-dependent excision in vitro. Previously, we showed that the PMS2-E705K mutation and the corresponding mutation in Saccharomyces cerevisiae were …

Defining And Interpreting Professional Knowledge In An Age Of Performativity: A Scottish Case-Study, Beth Dickson

Australian Journal of Teacher Education

This paper will argue that by considering in detail the Scottish Standard for Initial Teacher Education [SITE] (Quality Assurance Agency [QAA], 2000), the foundation document of the teaching profession in Scotland, a model exists that synthesises the positions of those involved in education who support a “technical-rational” position and others who support a “values” discourse. The paper will consider how the authors of SITE were affected by the contextual factors of policy and epistemology. Literary methods of reading will be used to show that SITE defines professional knowledge as being dynamic, intellectual, personal, developmental, research-informed and achieved in synthesis and …