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2007

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Synthetic Biology: The Intellectual Property Puzzle, Arti K. Rai, Sapna Kumar Jan 2007

Synthetic Biology: The Intellectual Property Puzzle, Arti K. Rai, Sapna Kumar

Faculty Scholarship

Synthetic biology, which operates at the intersection of biotechnology and information technology, has the potential to raise, in a particularly acute manner, the intellectual property problems that exist in both fields. A preliminary patent landscape reveals problematic foundational patents that could, if licensed and enforced inappropriately, impede the potential of the technology. The landscape also reveals a proliferation of patents on basic synthetic biology "parts" that could create transaction cost heavy patent thickets. Both foundational patents and patent thickets are likely to be particularly problematic to the extent they read on standards that synthetic biologists would like to establish. Synthetic …

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Law School Libraries 2007, Richard A. Danner Jan 2007

Law School Libraries 2007, Richard A. Danner

Faculty Scholarship

The primary mission of the law school library is to meet the information needs of the faculty and students of the institution it supports. In addition to their role in educating future lawyers, law schools are the major producers of scholarly literature in law and rely on academic law libraries to provide the resources and support needed for research and publication. Beyond support for the core functions of legal education and research, the specific missions of law school libraries vary depending on the size and missions of law schools of different types. Differences among law schools result in differences among …

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Testing The Testimonial Concept And Exceptions To Confrontation: “A Little Child Shall Lead Them”, Robert P. Mosteller Jan 2007

Testing The Testimonial Concept And Exceptions To Confrontation: “A Little Child Shall Lead Them”, Robert P. Mosteller

Faculty Scholarship

In Crawford v. Washington (2004), the Supreme Court radically transformed the analysis of the Confrontation Clause for hearsay, but left many specific questions unanswered. Two years later in Davis v. Washington (2006), it revisited the subject and answered a few of the unresolved issues, but again left much in doubt, apparently reorienting the focus of the testimonial definition from that of the party making the statement to that of the person receiving it. One of the areas where the new doctrine has greatest potential importance is in cases involving children, particularly cases involving physical and sexual abuse. The importance derives …

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The Duke Lacrosse Case, Innocence, And False Identifications: A Fundamental Failure To “Do Justice, Robert P. Mosteller Jan 2007

The Duke Lacrosse Case, Innocence, And False Identifications: A Fundamental Failure To “Do Justice, Robert P. Mosteller

Faculty Scholarship

The Duke lacrosse case was a disaster - a caricature. The case, which involved false rape charges against three Duke University lacrosse players, began with gang rape allegations by an exotic dancer at a team party in March 2006 and ended with the declaration of their innocence in April 2007 and the disbarment of Durham County District Attorney Mike Nifong in June of that year. Often a full examination of the facts of a notorious case reveals that events were ambiguous and the reality is not as bad as early reports suggested. This case does not fit that pattern; it …

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Applying The Access Principle In Law: The Responsibilities Of The Legal Scholar, Richard A. Danner Jan 2007

Applying The Access Principle In Law: The Responsibilities Of The Legal Scholar, Richard A. Danner

Faculty Scholarship

This article applies to legal scholarship the ideas developed and argued in John Willinsky’s 2006 book: 'The Access Principle: The Case for Open Access to Research and Scholarship' regarding the responsibilities of scholars to make their works widely available through open access mechanisms via the Internet. Willinsky’s access principle states that “A commitment to the value and quality of research carries with it a responsibility to extend the circulation of such work as far as possible and ideally to all who are in interested in it and all who might profit by it.” For Willinsky, the transformation of scholarly journals …

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Was He Guilty As Charged? An Alternative Narrative Based On The Circumstantial Evidence From 12 Angry Men, Neil Vidmar, Sara Sun Beale, Erwin Chemerinsky, James E. Coleman Jr. Jan 2007

Was He Guilty As Charged? An Alternative Narrative Based On The Circumstantial Evidence From 12 Angry Men, Neil Vidmar, Sara Sun Beale, Erwin Chemerinsky, James E. Coleman Jr.

Faculty Scholarship

No abstract provided.

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Property And Empire: The Law Of Imperialism In Johnson V. M’Intosh, Jedediah Purdy Jan 2007

Property And Empire: The Law Of Imperialism In Johnson V. M’Intosh, Jedediah Purdy

Faculty Scholarship

Chief Justice's Marshall's opinion in Johnson v. M'Intosh, 21 U.S. (8 Wheat.)543 (1823) has long been a puzzle, both in its doctrinal structure and in long, strange dicta which are both triumphal and elegiac. In this Essay, I show that the opinion becomes newly intelligible when read in the context of the law and theory of colonialism, concerned, like the case itself, with the expropriation of continents and relations between dominant and subject peoples. I examine several instances where the seeming incoherence of the opinion instead shows its debt to imperial jurisprudence, which rested on a distinction between two bodies …

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Property As Constitutional Myth: Utilities And Dangers, Laura S. Underkuffler Jan 2007

Property As Constitutional Myth: Utilities And Dangers, Laura S. Underkuffler

Faculty Scholarship

No abstract provided.

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Criminal Procedure Within The Firm, Samuel W. Buell Jan 2007

Criminal Procedure Within The Firm, Samuel W. Buell

Faculty Scholarship

It seems improbable that the theoretical and doctrinal framework of criminal procedure, developed mostly through a binary model of the individual and the state, would fit without modification in the tripartite model of the state, the firm, and the individual that characterizes the investigation and sanctioning of criminal conduct within legal entities. This intuition—which has been underexplored in spite of heated public debate about the state’s practices in this area—proves correct. I develop some components of a framework for understanding procedure for individual cases of criminal wrongdoing within firms and generating insights to guide reform. The process of pursuing individual …

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Graded Sparse Graphs And Matroids, Audrey Lee, Ileana Streinu, Louis Theran Jan 2007

Graded Sparse Graphs And Matroids, Audrey Lee, Ileana Streinu, Louis Theran

Computer Science: Faculty Publications

Sparse graphs and their associated matroids play an important role in rigidity theory, where they capture the combinatorics of some families of generic minimally rigid structures. We define a new family called graded sparse graphs, arising from generically pinned bar-and-joint frameworks, and prove that they also form matroids. We also address several algorithmic problems on graded sparse graphs: Decision, Spanning, Extraction, Components, Optimization, and Extension. We sketch variations on pebble game algorithms to solve them.

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A New Lower Bound On Guard Placement For Wireless Localization, Mirela Damian, Robin Flatland, Joseph O'Rourke, Suneeta Ramswami Jan 2007

A New Lower Bound On Guard Placement For Wireless Localization, Mirela Damian, Robin Flatland, Joseph O'Rourke, Suneeta Ramswami

Computer Science: Faculty Publications

The problem of wireless localization asks to place and orient stations in the plane, each of which broadcasts a unique key within a fixed angular range, so that each point in the plane can determine whether it is inside or outside a given polygonal region. The primary goal is to minimize the number of stations. In this paper we establish a lower bound of ⌊2n/3⌋−1 stations for polygons in general position, for the case in which the placement of stations is restricted to polygon vertices, improving upon the existing ⌈n/2⌉ lower bound.

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Immigration Law And The Regulation Of Marriage, Kerry Abrams Jan 2007

Immigration Law And The Regulation Of Marriage, Kerry Abrams

Faculty Scholarship

No abstract provided.

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On The Legal Consequences Of Sauces: Should Thomas Keller’S Recipes Be Per Se Copyrightable?, Christopher J. Buccafusco Jan 2007

On The Legal Consequences Of Sauces: Should Thomas Keller’S Recipes Be Per Se Copyrightable?, Christopher J. Buccafusco

Faculty Scholarship

No abstract provided.

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In-Between Theory And Practice: Dialogues In Design Research, Arianna Bassoli, Johanna Brewer, Karen Martin Jan 2007

In-Between Theory And Practice: Dialogues In Design Research, Arianna Bassoli, Johanna Brewer, Karen Martin

Computer Science: Faculty Publications

Why Wait? and Betwixt are two of the workshops we have recently run on the theme of in-between-ness. The approach of social computing, where researchers work to understand how the socio-cultural aspects of human life relate to the design of new technologies, was the starting point for our investigation. By observing actual instances of in-between-ness in context we explored how design activities can be used as an opportunity to discuss and take positions on a specific theme, and as a space for narrowing the gap in design research between theoretical and practical thinking.

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What Happens When Veteran And Beginner Teachers' Life Histories Intersect With High-Stakes Testing And What Does It Mean For Learners And Teaching Practice: The Making Of A Culture Of Fear, Shelly L. Counsell Jan 2007

What Happens When Veteran And Beginner Teachers' Life Histories Intersect With High-Stakes Testing And What Does It Mean For Learners And Teaching Practice: The Making Of A Culture Of Fear, Shelly L. Counsell

Dissertations and Theses @ UNI

This qualitative study explored the phenomenon of what happened as Florida's high-stakes accountability system intersected with a beginning and veteran teachers' life histories and different stocks of lifeworldly knowledge at demographically different lifeworld communities. Habermas' (1987) theory of communicative action was used as the theoretical framework to explore what the teachers' responses meant for learners and teaching practice. The research purpose of this study (emphasizing an interpretive approach) sought to gain insights and understandings regarding the phenomenon specifically. The practical purpose (according to critical theory) was to then use the insights gained (enlightenment) in order to contemplate the kinds of …

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Neo Romance: Gender Renegotiation In Harlequin Romance Novels, Amanda L. Breeden Jan 2007

Neo Romance: Gender Renegotiation In Harlequin Romance Novels, Amanda L. Breeden

Dissertations and Theses @ UNI

Mass-market romance novels remain top sellers among popular fiction and paperback in the American market; however, academic scholarship examining the popular romance novel is dated. The purpose of this thesis is to examine the gender roles of the heroine and hero characters within the novels. This thesis is a content analysis that examines seventy-two Harlequin romance novels, publication dates 1971-2006. The findings in this thesis suggest that the gender roles of the heroine and hero deviate drastically from those analyzed in the 1980's and 1990's, specifically regarding sexuality and gender performance. Neo Romance emerges, characterized by a sexually aggressive, autonomous …

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The Law And Policy Beginnings Of Ecosystem Services, James Salzman, J.B. Ruhl Jan 2007

The Law And Policy Beginnings Of Ecosystem Services, James Salzman, J.B. Ruhl

Faculty Scholarship

This article is an introduction to a symposium issue of the journal on ecosystem services. As the brief descriptions of recent developments make clear, the field has changed greatly since the late 1990s and there are a lot of exciting developments underway. With the partnership of the Journal of Land Use & Environmental Law, we thought it important to revisit the state of the field five years after the Stanford workshop. Thus we invited experts across the range of environmental law to Florida State for a two-day workshop assessing the current status of ecosystem services in environmental law. The results …

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Well-Being, Inequality And Time: The Time-Slice Problem And Its Policy Implications, Matthew D. Adler Jan 2007

Well-Being, Inequality And Time: The Time-Slice Problem And Its Policy Implications, Matthew D. Adler

Faculty Scholarship

Should equality be viewed from a lifetime or "sublifetime" perspective? In measuring the inequality of income, for example, should we measure the inequality of lifetime income or of annual income? In characterizing a tax as "progressive" or "regressive," should we look to whether the annual tax burden increases with annual income, or instead to whether the lifetime tax burden increases with lifetime income? Should the overriding aim of anti-poverty programs be to reduce chronic poverty: being badly off for many years, because of low human capital or other long-run factors? Or is the moral claim of the impoverished person a …

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Why De Minimis?, Matthew D. Adler Jan 2007

Why De Minimis?, Matthew D. Adler

Faculty Scholarship

De minimis cutoffs are a familiar feature of risk regulation. This includes the quantitative individual risk thresholds for fatality risks employed in many contexts by EPA, FDA, and other agencies, such as the 1-in-1 million lifetime cancer risk cutoff; extreme event cutoffs for addressing natural hazards, such as the 100 - year - flood or 475 - year - earthquake; de minimis failure probabilities for built structures; the exclusion of low - probability causal models; and other policymaking criteria. All these tests have a common structure, as I show in the Article. A de minimis test, broadly defined, tells the …

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Corrective Justice And Liability For Global Warming, Matthew D. Adler Jan 2007

Corrective Justice And Liability For Global Warming, Matthew D. Adler

Faculty Scholarship

No abstract provided.

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Bad Nature, Bad Nurture, And Testimony Regarding Maoa And Slc6a4 Genotyping In Murder Trials, Nita A. Farahany, William Bernet, Cindy L. Vnencak-Jones, Stephen A. Montgomery Jan 2007

Bad Nature, Bad Nurture, And Testimony Regarding Maoa And Slc6a4 Genotyping In Murder Trials, Nita A. Farahany, William Bernet, Cindy L. Vnencak-Jones, Stephen A. Montgomery

Faculty Scholarship

Recent research—in which subjects were studied longitudinally from childhood until adulthood—has started to clarify how a child’s environment and genetic makeup interact to create a violent adolescent or adult. For example, male subjects who were born with a particular allele of the monoamine oxidase A gene and also were maltreated as children had a much greater likelihood of manifesting violent antisocial behavior as adolescents and adults. Also, individuals who were born with particular alleles of the serotonin transporter gene and also experienced multiple stressful life events were more likely to manifest serious depression and suicidality. This research raises the question …

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Beware The ‘Monological Imperatives’: Scholarly Writing For The Reader, Joan A. Magat Jan 2007

Beware The ‘Monological Imperatives’: Scholarly Writing For The Reader, Joan A. Magat

Faculty Scholarship

This article describes principles of effective academic writing - offered not as edicts, but as guidelines - for legal scholars in particular. The overall focus is style, but the discussion begins with observations of format. These are followed by a few stylistic principles that govern clear and effective writing. None of these principles is a revelation to the student of method or to the accomplished writer. But for the academic writer less focused on or less familiar with such principles, being aware of and practicing them can clear the fog from syntax, illuminate the writer's thesis and its development, and …

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Hegemonic Masculinity Within Television Commercials, Jonathan A. Hutchins Jan 2007

Hegemonic Masculinity Within Television Commercials, Jonathan A. Hutchins

Dissertations and Theses @ UNI

This study examines the portrayal of masculinity and the socialization patterns that can be found within television commercials. Television commercials' depiction of social members and their roles act as guides for social members in which they desire to portray during day to day social interactions and situations. Social members are generally unaware of this social phenomenon because they take for granted their social world and the logistics within it. While television commercials aim to create and encourage consumption, the purchasing of a product, service or event, television commercials also create and encourage social members to believe that these advertised items …

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Access To Health Information And Health Care Decision-Making Of Women In A Rural Appalachian Community, Tracy L. Legrow Jan 2007

Access To Health Information And Health Care Decision-Making Of Women In A Rural Appalachian Community, Tracy L. Legrow

Theses, Dissertations and Capstones

Access to health care is a challenge in rural communities. Higher rates of chronic illness and poor use of preventive health practices combine to increase mortality rates among residents of rural areas. The health status of residents of West Virginia is among the poorest in the United States. The current study utilizes both quantitative and qualitative methodology, including the use of surveys, participant observation and ethnographic interviews, to explore the health status, beliefs and social support of women in a rural Appalachian community. Seven major themes were identified relevant to women’s experiences with health care: Definitions of Health, Barriers and …

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Foreign Direct Investment(Fdi) Inflows To Asean Member Countries: Problems And Prospects, Rosalina Palanca-Tan Jan 2007

Foreign Direct Investment(Fdi) Inflows To Asean Member Countries: Problems And Prospects, Rosalina Palanca-Tan

Economics Department Faculty Publications

FDI has played an important part in the industrialization and growth experience of ASEAN countries. The growth in Gross Domestic Product (GDP) of ASEAN as a whole is strongly correlated with inflows of FDIs in the region. The share of ASEAN in global FDI inflows is disproportionately larger than its share in global GDP. About 5% of total world FDI went to ASEAN member countries during the period 1980-2005 while the region accounted for less than 2% of world GDP. This reflects the perceived attractiveness of ASEAN member countries as FDI hosts. Global firms were initially attracted by favorable conditions …

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Art, Perception And Indeterminacy, Robert Pepperell Jan 2007

Art, Perception And Indeterminacy, Robert Pepperell

Contemporary Aesthetics (Journal Archive)

This article considers the phenomenon of visual indeterminacy, which occurs when the sensory data gathered from the visual system cannot be integrated with semantic knowledge. A number of examples are given, including from the author's own art work, and some results presented from a scientific study based on them. The implications for the operation of the mind and, in particular, the nature of aesthetic experience are addressed, and the distinction between the perception of visual forms and their cognitive interpretation is discussed. Arguments about the nature of aesthetic experience are then considered from some historical sources and interpreted in light …

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Poetics And Maieutics: Literature And Tacit Knowledge Of Emotions, Stefán Snaevarr Jan 2007

Poetics And Maieutics: Literature And Tacit Knowledge Of Emotions, Stefán Snaevarr

Contemporary Aesthetics (Journal Archive)

The theme of this paper is the idea that imaginative literature can disclose our tacit knowledge of emotions. It this does with the aid of such devices as metaphors and similes. The kind of insight we get thanks to the disclosive power of literature is akin to that which Kjell S. Johannessen has called 'knowledge by familiarity,' Frank Palmer 'knowing what' and Charles Taylor implicitly 'the result of articulation.' I defend the theory that at least some important emotions cannot be understood (or even exist) outside of behavioral contexts and that this understanding is mainly tacit. I try to show …

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A Handle On What's Going On: Combining Tangible Interfaces And Ambient Displays For Collaborative Groups, Johanna Brewer, Amanda Williams, Paul Dourish Jan 2007

A Handle On What's Going On: Combining Tangible Interfaces And Ambient Displays For Collaborative Groups, Johanna Brewer, Amanda Williams, Paul Dourish

Computer Science: Faculty Publications

While tangible interfaces open up new possibilities for in- put and interaction, they are also interesting because of the ways in which they occupy the physical world just as we do. We have been working at the intersection of three research areas – tangible interfaces, ambient displays, and collaboration awareness. Our system, Nimio, uses engaging physical objects as both input devices (capturing aspects of individual activity) and output devices (expressing aspects of group activity). We present our design and experiences, focusing in particular on the tension between legibility and ambiguity and its relevance in collaborative settings.

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Predictors Of Middle School Girls' Engagement In Suspendable School Offenses., Barbara Harlow Cavanaugh Jan 2007

Predictors Of Middle School Girls' Engagement In Suspendable School Offenses., Barbara Harlow Cavanaugh

Walden Dissertations and Doctoral Studies

Despite research evidence that social context and personal characteristics are related to girls' violent behavior, little is known about the relative contribution of such antecedents. Therefore, the purpose of this study was to assess the relative strength of predictors of school violence among a sample of middle school girls. Of special interest were the intervening variables, because knowledge of their relative strength could enable schools to design targeted interventions to reduce school violence. Social learning theory formed the theoretical foundation for the study. A four-part survey consisting of sociodemographic items, the Rosenberg Self-Esteem Scale, an amended version of the Attitudes …

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Criminal Justice And The Challenge Of Family Ties, Dan Markel, Ethan J. Leib Jan 2007

Criminal Justice And The Challenge Of Family Ties, Dan Markel, Ethan J. Leib

Faculty Scholarship

This Article asks two basic questions: When does, and when should, the state use the criminal justice apparatus to accommodate family ties, responsibilities, and interests? We address these questions by first revealing a variety of laws that together form a string of family ties subsidies and benefits pervading the criminal justice system. Notwithstanding our recognition of the important role family plays in securing the conditions for human flourishing, we then explain the basis for erecting a Spartan presumption against these family ties subsidies and benefits within the criminal justice system. We delineate the scope and rationale for the presumption and …

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