Digital Commons Network^™

Medimmune, Inc. V. Genentech, Inc.: A Patent Licensee Does Not Need To Terminate Or Breach A License Agreement In Order To Challenge Its Validity Or Enforceability, C. Tyler Ohanian

Duke Journal of Constitutional Law & Public Policy Sidebar

MedImmune, Inc. v. Genentech, Inc. asks whether Article III's restriction on the jurisdiction of the federal courts only to "cases" and "controversies," as required by the "actual controversy" limitation of the Declaratory Judgment Act, necessitates that a patent licensee terminate or breach its license agreement before seeking a declaratory judgment to hold the underlying patent invalid, unenforceable, or not infringed. Breaking with the Court of Appeals for the Federal Circuit, the MedImmune majority clearly establishes a patent licensee's legal right to challenge the validity and enforceability of a patent without actually breaching or terminating the underlying licensing agreement for the …

Planned Parenthood Federation Of America, Inc. V. Gonzales, Blake Mason

Duke Journal of Constitutional Law & Public Policy Sidebar

In one of the most pivotal cases of the Fall 2006 Term, the United States Supreme Court upheld the Partial-Birth Abortion Ban Act of 2003 by a vote of 5-4. The Court found the Act to be facially valid, despite the absence of an exception for cases in which an abortion is necessary to preserve the health of the mother, stating that the Act was not "void for vagueness" and that it did not impose "an undue burden on a woman's right to abortion based on its overbreadth or lack of a health exception." The case signaled a departure from …

Safeco Ins. Co. Of America V. Burr: Defining Notification Requirements And Willfulness Under The Fair Credit Reporting Act, Travis S. Souza

Duke Journal of Constitutional Law & Public Policy Sidebar

In a recent decision, the United States Supreme Court resolved a critical dispute regarding the interpretation of the Fair Credit Reporting Act ("FCRA") and its notice requirement. In Safeco Ins. Co. of America v. Burr, the Court settled the definition of "willful" violation, a determination that will have enormous effects for insurance companies. Specifically, the Court held that willfulness not only includes knowing violations, but also includes a violation committed in reckless disregard of statutory obligations. While both of the insurance companies in Burr were technically victorious -- both were held not to have willfully violated the FCRA -- the …

United Haulers Ass’N V. Oneida-Herkimer Solid Waste Mgmt. Auth., Joshua J. Faber

Duke Journal of Constitutional Law & Public Policy Sidebar

The Supreme Court, in a 6-3 decision, upheld two counties' flow control ordinances that require trash haulers to deliver waste to government-owned processing facilities. The Court determined that the Commerce Clause is not violated by laws which favor state or local government entities but treat all private entities equal.

Scott V. Harris, Uchenna Evans

Duke Journal of Constitutional Law & Public Policy Sidebar

In an 8-1 decision, the Supreme Court reversed an 11th Circuit ruling denying qualified immunity to a police officer sued by a fleeing motorist who was rendered quadriplegic when his car was pushed over an embankment by the officer's vehicle. . The Court ruled that the officer did not violate the motorist's Fourth Amendment right to be free from unreasonable seizure and that the officer was entitled to summary judgment. Both the federal district court and the 11th Circuit had ruled in favor of the respondent, denying the officer's summary judgment motion based on qualified immunity after finding a Fourth …

The Free Press Vol. 39, Issue No. 9, 11-12-2007, Angelique Carson

Free Press, The

In search of academic freedom--Voters say yes to bonds--Living and learning in a new way--Year-old office aims to retain, nurture students

November 12, 2007

The Gavel Gazette

No abstract provided.

Associations Between The Built Environment And Physical Activity In Public Housing Residents, Katie Heinrich, Rebecca Lee, Richard Suminski, Gail R. Regan, Jacqueline Y. Reese-Smith, Hugh H. Howard, C. Keith Haddock, Walker Poston, Jasjit S. Ahluwalia

Faculty and Staff Publications

Background: Environmental factors may influence the particularly low rates of physical activity in African American and low-income adults. This cross-sectional study investigated how measured environmental factors were related to self-reported walking and vigorous physical activity for residents of low-income public housing developments.

Methods: Physical activity data from 452 adult residents residing in 12 low-income housing developments were combined with measured environmental data that examined the neighborhood (800 m radius buffer) around each housing development. Aggregated ecological and multilevel regression models were used for analysis.

Results: Participants were predominately female (72.8%), African American (79.6%) and had a high school education or …

Anderson School Of Management Weekly Bulletin, November 12, 2007., Anderson School Of Management

Anderson School of Management Bulletins

Anderson School of Management weekly bulletins for the week of November 12th, 2007.

Population-Based Fish Consumption Survey And Probabilistic Methylmercury Risk Assessment, John J. Johnston, Jamie L. Snow

United States Department of Agriculture Wildlife Services: Staff Publications

A fish consumption survey was developed and administered by telephone to 820 Wyoming fishing license holders. Survey respondents provided the frequency, species, and quantity of Wyoming-caught and store-bought fish consumed for license holder and household members. Deterministic and probabilistic methylmercury exposure distributions were estimated by multiplying fish consumption by species-specific mercury concentrations for each household member. Risk assessments were conducted for children, women of childbearing age, and the rest of the population by comparing methylmercury exposure distributions to levels of concern. The results indicate that probabilistic risk assessment likely provides a more realistic view of the risk to the study …

Board Of Directors Meeting Minutes (November 12, 2007), Dmacc

Board of Directors Meeting Minutes

This file contains the minutes from the Des Moines Area Community College Board meeting held on November 12, 2007.

Prefrontal Cortex Asymmetry And The Regulation Of Communication: A Meta-Analytic Study, Michelle Elaine Pence

Theses

A rapidly growing body of research indicates that individual differences in the ability to regulate emotions depends on symmetric functioning in the prefrontal cortex. When prefrontal functioning is asymmetrical- especially when the right side is more active than the left- a lack of emotional control is more likely. This lack of emotional regulation has consequences for affective social interaction and, therefore, communication. Although a great deal of theoretical speculation abounds regarding the research literature, conclusions have been based on narrative literature reviews. In the present study, a psychometric meta-analysis of studies that examined the relationship between prefrontal asymmetry and variables …

Post Resistance: Cyberspace And Women's Voices In The Arab World, Hanin Hassan Hanafi

Archived Theses and Dissertations

No abstract provided.

Aicpa Comment Letter To Securities And Exchange Commission (Sec) Concept Release On Allowing U.S. Issuers To Prepare Financial Statements In Accordance With International Financial Reporting Standards (November 12, 2007)., Randy G. Fletchall, American Institute Of Certified Public Accountants (Aicpa)

Exposure Drafts, Comment Letters, and Statements of Position

No abstract provided.

Encouraging Corporate Innovation For Our Homeland During The Best Of Times For The Worst Of Times: Extending Safety Act Protections To Natural Disasters’, Ava A. Harter

Duke Law & Technology Review

This article first analyzes the innovative tort reform of the SAFETY Act and then argues for expansion of SAFETY Act type risk protection to natural disasters such as hurricanes, earthquakes and wildfires. The SAFETY Act was drafted to stimulate the development and deployment of technologies that combat terrorism by providing liability protection. Applying the same type of legislation to natural disasters will provide a commensurate benefit of encouraging preparedness and development of technologies that could mitigate harms resulting from natural disasters. The Department of Homeland Security voiced a desire to increase the use of the SAFETY Act by private industry. …

Jazz Combos, November 12, 2007, School Of Music

School of Music Programs

Kemp Recital Hall
Monday Evening
November 12, 2007
8:00 p.m.

Lawyers And Great Expectations In Pakistan, Shubhankar Dam

Research Collection Yong Pung How School Of Law

No abstract provided.

Presidents And War, Gleaves Whitney

Ask Gleaves

No abstract provided.

Cougar Basketball Home Games Are Webcast, University Relations

Campus News Archive

For the second consecutive year, the University of Minnesota, Morris is Webcasting Cougar men’s and women’s basketball home games via the official UMM Cougar Sports Network.

November 12, 2007, The Daily Mississippian

Daily Mississippian (all digitized issues)

No abstract provided.

Effects Of Nutrients From The Water Column On The Growth Of Benthic Microalgae In Permeable Sediments, Brian P. Darrow

USF Tampa Graduate Theses and Dissertations

In some continental shelf sediments integrated benthic microalgal biomass is greater than the integrated phytoplankton biomass in the overlying water column. In addition, benthic microalgae may account for up to 10% of the primary production responsible for the coastal fishery yield of the eastern United States.

A three-dimensional model of the eastern Gulf of Mexico examines the effects of water-column nutrient sources on the growth of benthic microalgae. To parameterize the exchange of nutrients across the sediment/water interface in these permeable sediments, a non-local exchange submodel was constructed and tested within the framework of the model's grid.

Based on the …

The Eastern Echo, November 12, 2007, Eastern Michigan University

EMU Student Newspaper: The Normal News & The Eastern Echo

No abstract provided.

Pioneer Bachelor Degree: Citation Analysis Of Covenant University Students' Research Projects, Christopher Nkiko, Niran Adetoro

Library Philosophy and Practice (e-journal)

The paper reports a citation analysis of the pioneer Covenant University bachelor degree students' research project reports of 2006, accepted by the university academic departments and submitted to the university library. The analysis was performed to help the library determine which materials that are most sought after and used by students. 557 research reports were analyzed, which generated a total of 14,655 citations, an average of 26.3 citations per research report. The type of material cited, number of Internet/electronic resource citations, and recency of citations were analyzed. The result corroborated the findings of citation analyses from the literature. Books (53.3%) …

Privacy Policy Assessment For The Livingston Lord Library At Minnesota State University Moorhead, Stacy Voeller

Library Philosophy and Practice (e-journal)

Libraries are not doing all they should to protect users' privacy. Several sections of the USA PATRIOT Act potentially encroach on this privacy. To preserve intellectual freedom and the flow of information in a democratic society, libraries must adopt privacy policies that tell library users their rights and demonstrate the library's willingness to be held accountable for such protections. The current privacy policy at the Livingston Lord Library at Minnesota State University Moorhead does not take into consideration the various ramifications of the PATRIOT Act because the policy predated the Act by more than 20 years. An updated policy is …

Eulie Wigfall

African American Funeral Programs

No abstract provided.

Is Dick Cheney Unconstitutional?, Glenn Harlan Reynolds

NULR Online

No abstract provided.

Newsroom, Georgia Southern University

Newsroom (2006-2023)

• Symphonic Winds offer concert on Nov. 30
• Smith Banks Southern Folk Art Collection to be dedicated Nov. 30
• Confirmed Bacterial Meningitis Media Statement
• Georgia Southern University students will celebrate GIS Day Savannah 2007
• Movie Night at Georgia Southern University
• Continuing Education Center seeking innovative instructors
• Eagle Entertainment hosts Finals Feast Dec. 3
• Former drug addict to share experiences with students Nov. 26

Lue Jean "Liz" Cooks-Phillips

African American Funeral Programs

No abstract provided.

Loss-Based Estimation With Evolutionary Algorithms And Cross-Validation, David Shilane, Richard H. Liang, Sandrine Dudoit

U.C. Berkeley Division of Biostatistics Working Paper Series

Many statistical inference methods rely upon selection procedures to estimate a parameter of the joint distribution of explanatory and outcome data, such as the regression function. Within the general framework for loss-based estimation of Dudoit and van der Laan, this project proposes an evolutionary algorithm (EA) as a procedure for risk optimization. We also analyze the size of the parameter space for polynomial regression under an interaction constraints along with constraints on either the polynomial or variable degree.

Faculty Recital, Robert Becker, Jeff Cogan, David Cahueque, David Kossoff, Roger Lebow, Mary Palchak, Lea Steffens

Printed Performance Programs (PDF Format)

No abstract provided.