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2008

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Are Storylines Patentable? Testing The Boundaries Of Patentable Subject Matter, Anu R. Sawkar Jan 2008

Are Storylines Patentable? Testing The Boundaries Of Patentable Subject Matter, Anu R. Sawkar

Fordham Law Review

This Note examines doctrinal issues relating to the patentability of nonphysical inventions by assessing a proposal to patent storylines for use in books and movies. Analyzing recent and historical case law regarding the limits of patentable subject matter, this Note identifies four points of doctrinal tension whose resolution will determine the extent to which nonphysical inventions, such as the storyline proposal, are patentable. This Note suggests how the U.S. Court of Appeals for the Federal Circuit should resolve these tensions in upcoming cases and proposes boundaries for the patentability of nonphysical inventions.


Trying Cases Related To Allegations Of Terrorism: Judges' Roundtable, Hon. Marcia G. Cooke, Hon. Gerald Ellis Rosen, Hon. Leonard Burke Sand, Hon. Shira A. Scheindlin Jan 2008

Trying Cases Related To Allegations Of Terrorism: Judges' Roundtable, Hon. Marcia G. Cooke, Hon. Gerald Ellis Rosen, Hon. Leonard Burke Sand, Hon. Shira A. Scheindlin

Fordham Law Review

No abstract provided.


Reconciling Morse With Brandenburg, Steven Penaro Jan 2008

Reconciling Morse With Brandenburg, Steven Penaro

Fordham Law Review

This Note examines Morse v. Frederick in connection with the Brandenburg v. Ohio test governing speech that advocates unlawful acts. In Morse, the U.S. Supreme Court devised a new test that gives school officials the power to restrict student speech promoting the use of illegal drugs. However, in Brandenburg, the Supreme Court held that speech must be struck down if the speaker intends to incite imminent lawless action and that speech is likely to produce such action. This Note argues that a relaxed application of the Brandenburg standard would be useful in prohibiting student drug speech within a school setting.


Revisiting The Legal Standards That Govern Requests To Sterilize Profoundly Incompetent Children: In Light Of The "Ashley Treatment," Is A New Standard Appropriate?, Christine Ryan Jan 2008

Revisiting The Legal Standards That Govern Requests To Sterilize Profoundly Incompetent Children: In Light Of The "Ashley Treatment," Is A New Standard Appropriate?, Christine Ryan

Fordham Law Review

This Note discusses the recent controversy surrounding a six-year-old girl named Ashley, whose parents chose to purposefully stunt her growth and remove her reproductive organs for nonmedical reasons. A federal investigation determined that Ashley’s rights had been violated because doctors performed the procedure, now referred to as the “Ashley Treatment,” without first obtaining a court order. However, the investigation did not make any conclusions regarding whether the “Ashley Treatment” could present a legally permissible treatment option in the future. After discussing the constitutional rights that the “Ashley Treatment” implicates and the current legal standards in place, this Note examines how …


American Ideals & Human Rights: Findings From New Public Opinion Research By The Opportunity Agenda, Alan Jenkins, Kevin Shawn Hsu Jan 2008

American Ideals & Human Rights: Findings From New Public Opinion Research By The Opportunity Agenda, Alan Jenkins, Kevin Shawn Hsu

Fordham Law Review

No abstract provided.


Social And Cultural Diversity In Distance Education, Charlotte Nirmalani Gunawardena, Deborah Lapointe Jan 2008

Social And Cultural Diversity In Distance Education, Charlotte Nirmalani Gunawardena, Deborah Lapointe

University Libraries & Learning Sciences Faculty and Staff Publications

With the expansion of global telecommunication networks and the worldwide demand for higher education, distance education has the potential to reach out internationally to enhance learning for diverse learners and increase intercultural awareness and communication. By definition, distance education is borderless (Latchem, 2005), although differences in sociocultural contexts, values and expectations of diverse educational systems and learners may prove to be its greatest challenge (Hanna, 2000). While distance education programs proclaim an international focus with international content and learners, instructional design and methods frequently carry Eurocentric Western bias. Distance educators need to be sensitive to social, cultural and educational differences, …


Health, Climate Change And Energy Vulnerability: A Retrospective Assessment Of Strategic Health Authority Policy And Practice In England., J Richardson, F Kagawa, A Nichols Jan 2008

Health, Climate Change And Energy Vulnerability: A Retrospective Assessment Of Strategic Health Authority Policy And Practice In England., J Richardson, F Kagawa, A Nichols

School of Nursing and Midwifery

No abstract provided.


The Two Homologous Chaperonin 60 Proteins Of Mycobacterium Tuberculosis Have Distinct Effects On Monocyte Differentiation Into Osteoclasts, Vr Winrow, J Mesher, S Meghji, Cj Morris, M Maguire, S Fox, Arm Coates, P Tormay, Dr Blake, B Henderson Jan 2008

The Two Homologous Chaperonin 60 Proteins Of Mycobacterium Tuberculosis Have Distinct Effects On Monocyte Differentiation Into Osteoclasts, Vr Winrow, J Mesher, S Meghji, Cj Morris, M Maguire, S Fox, Arm Coates, P Tormay, Dr Blake, B Henderson

School of Biomedical Sciences

No abstract provided.


Systems Biology Meets Stress Ecology: Linking Molecular And Organismal Stress Responses In Daphnia Magna, L-H Heckmann, Rm Sibly, R Connon, Hl Hooper, Et Al Jan 2008

Systems Biology Meets Stress Ecology: Linking Molecular And Organismal Stress Responses In Daphnia Magna, L-H Heckmann, Rm Sibly, R Connon, Hl Hooper, Et Al

School of Biomedical Sciences

BACKGROUND: Ibuprofen and other nonsteroidal anti-inflammatory drugs have been designed to interrupt eicosanoid metabolism in mammals, but little is known of how they affect nontarget organisms. Here we report a systems biology study that simultaneously describes the transcriptomic and phenotypic stress responses of the model crustacean Daphnia magna after exposure to ibuprofen. RESULTS: Our findings reveal intriguing similarities in the mode of action of ibuprofen between vertebrates and invertebrates, and they suggest that ibuprofen has a targeted impact on reproduction at the molecular, organismal, and population level in daphnids. Microarray expression and temporal real-time quantitative PCR profiles of key genes …


Firm Diversification And Earnings Management: Evidence From Seasoned Equity Offerings, Chee Yeow Lim, Tiong Yang Thong, David K. Ding Jan 2008

Firm Diversification And Earnings Management: Evidence From Seasoned Equity Offerings, Chee Yeow Lim, Tiong Yang Thong, David K. Ding

Research Collection Lee Kong Chian School Of Business

Popular press suggests that diversified firms are more aggressive in managing earnings than non-diversified firms. We examine this claim in the seasoned equity offering (SEO) setting, where firms have been shown to have the incentive to manage earnings upwards. Using the cross-sectional modified Jones [(1991) J Accounting Res 29:193–228] model to measure discretionary current accruals, we find that discretionary current accruals are higher among diversified firms than in non-diversified ones. Our evidence is consistent with the view that the extent of firm diversification is directly related to the degree of earnings management. We further show that diversified issuers with high …


Too White To Be Regarded As Aborigines: An Historical Analysis Of Policies For The Protection Of Aborigines And The Assimilation Of Aborigines Of Mixed Descent, And The Role Of Chief Protectors Of Aborigines In The Formulation And Implementation Of Those Policies, In Western Australia From 1898 To 1940, Derrick Tomlinson Jan 2008

Too White To Be Regarded As Aborigines: An Historical Analysis Of Policies For The Protection Of Aborigines And The Assimilation Of Aborigines Of Mixed Descent, And The Role Of Chief Protectors Of Aborigines In The Formulation And Implementation Of Those Policies, In Western Australia From 1898 To 1940, Derrick Tomlinson

Theses

For much of the nineteenth and the first half of the twentieth centuries, public policies for Western Australia’s Indigenous peoples were guided by beliefs that they were remnants of a race in terminal decline and that a public duty existed to protect and preserve them. If their extinction was unavoidable, the public duty was to ease their passing. The Aborigines Act 1905 vested the Chief Protector of Aborigines (after 1936 the Commissioner for Native Affairs), with lawful responsibility for the pursuit of that duty. All Aborigines caught by the terms of the Act, in particular Aboriginal children under the age …


Implementing A Forensic Educational Package For Registered Nurses In Two Emergency Departments In Western Australia, Christine M. Michel Jan 2008

Implementing A Forensic Educational Package For Registered Nurses In Two Emergency Departments In Western Australia, Christine M. Michel

Theses

The results of violence are a major public health problem that infiltrates hospital emergency departments (ED) daily. Often, ED nurses are the first healthcare professionals to see patients, speak with family members, handle personal property and collect laboratory specimens. Such actions can be of extreme importance to the 27 different categories of forensic patients. To adequately address forensic patient issues, ED nurses need exposure to forensic education. The aim of this research was to develop and evaluate the effectiveness of a clinical forensic education package on ED nurses’ perceptions, knowledge and care of forensic patients. To accomplish this aim, this …


Socialisation Of The Islamic Terrorist: The Case Of Indonesia, Joshua Snider Jan 2008

Socialisation Of The Islamic Terrorist: The Case Of Indonesia, Joshua Snider

Theses

As the world's largest Muslim country, the resurgence of Islamist religiosity in Indonesia over the past 10 years has been a source of great concern for security and terrorism analysts. In an effort to shift away from the sort of discourse the explains violent Islamist religiosity in Indonesia as an offshoot of Middle East politics and the policy demands of the Global War on Terror, my specific field of interest in this thesis surrounds processes of political socialization and what exactly drives the transformation process from those nominally influenced by various kinds of revisionist conservative theology to those that become …


The Progress Of Women Lawyers At Big Firms: Steadied Or Simply Studied?, Judith S. Kaye, Anne C. Reddy Jan 2008

The Progress Of Women Lawyers At Big Firms: Steadied Or Simply Studied?, Judith S. Kaye, Anne C. Reddy

Fordham Law Review

In the twenty years since now-Chief Judge Judith S. Kaye published her essay on women lawyers in big firms, interest in the subject has mushroomed, as the profession continues to grapple with issues of gender equity. This update reflects voluminous new literature and looks behind the statistics to find fresh efforts and pathways to solutions that can benefit women as well as the profession generally.


Preparation And Characterization Of (Gesbte)) Semiconductors For Phase-Change Optical Storage, Hessa Ali Humeid Al-Shamisi Jan 2008

Preparation And Characterization Of (Gesbte)) Semiconductors For Phase-Change Optical Storage, Hessa Ali Humeid Al-Shamisi

Theses

In the last decade, the phase change optical recording based upon chalcogenide glasses has advanced remarkably at full-scale commercial applications in the form of rewritable compact disks (CD-RWs). The principle of phase-change optical recording is based on a thermally induced reversible transformation between amorphous and crystalline phases. The search for recording materials possessing fast crystallization rate and long data retention has been pursued. Research results have revealed that Ge-Sb-Te compounds exhibit fast crystallization, which has been explained in terms of their single-phase structure.

In the present work, electrical properties of Ge-Sb-Te thin films using Impedance Spectroscopy, Current-Voltage, and Capacitance-Voltage techniques …


Biological Control Of Fusarium Oxysporum Wilt Disease Of Tomato By Antagonistic And Plant Growth Promoting Actinomycetes, Nada Mohammed Ibrahim Al-Shugairan Jan 2008

Biological Control Of Fusarium Oxysporum Wilt Disease Of Tomato By Antagonistic And Plant Growth Promoting Actinomycetes, Nada Mohammed Ibrahim Al-Shugairan

Theses

Soil-borne fungal plant pathogens cause some of the most widespread and serious plant diseases. Root diseases caused by these pathogens such as wilt, root rot, collar rot, foot rot, seedling pre- and post-emergence damping-off are the foremost of problems which are gaining importance from day to day in the world and for which no direct control measures have been evolved so far. Fusarium spp. is a widespread soil-borne plant pathogen and is the causal agents of wilt disease of many economically important crops. Fusarium spp. is a limiting factor in the plant productivity in most agricultural soils. Wilt disease of …


Flow In Porous Media And Environmental Impact, Noujoud M Jawhar Jan 2008

Flow In Porous Media And Environmental Impact, Noujoud M Jawhar

Theses

No abstract provided.


Analysis Of Adenovirus And Bovine Coronavirus., Kevin Lane Jan 2008

Analysis Of Adenovirus And Bovine Coronavirus., Kevin Lane

Theses

This investigation involved the analysis of selected gastroenteritis viruses, adenovirus and bovine coronavirus, obtained from faecal samples, collected from hospital and diagnostic laboratories respectively in Cork city, Ireland. The viruses isolated from these samples were subjected to analysis using cell culture and nucleic acid extraction. In addition adenovirus was analysed using PCR and PCR followed by restriction endonuclease digest. Many samples contained more than one gastroenteritis virus, the virus of interest and a natural co-infection with rotavirus species. Rotavirus infections in Ireland have been extensively studied and we were interested in studying singly and doubly infect samples.

Bovine enteric coronavirus …


Epidemiology And Drug Resistant Profiles Of Candida Species, In Cork Hospitals., Emma Mccurtin Jan 2008

Epidemiology And Drug Resistant Profiles Of Candida Species, In Cork Hospitals., Emma Mccurtin

Theses

Candida causes superficial infections in healthy individuals; however in the immunocompromised host Candida can cause invasive, systemic infections and is a significant cause of morbidity and mortality. This is not due to a more virulent phenotype but to a weakened immune system unable to fight this opportunistic pathogen. The immunocompromised population is ever increasing, due to medical advancements and more aggressive treatments, and hence is the need for epidemiological data of these potentially life threatening infections. The aim of this study was to provide an epidemiological snapshot, of Candida infections from the immunocompromised population in Cork hospitals. Surveillance programmes from …


Design Of A Multiplex Pcr Assay For The Detection Of Neisseria Gonorrhoeae., Elizabeth J. O'Callaghan Jan 2008

Design Of A Multiplex Pcr Assay For The Detection Of Neisseria Gonorrhoeae., Elizabeth J. O'Callaghan

Theses

The incidence of N. gonorrhoeae infections in Ireland has been steadily increasing since 2003. Culture is currently the preferred method of diagnosis, however the sensitivity of culture can be low. In recent years there has been increased interest in non-culture techniques such as polymerase chain reaction (PCR). Many of the PCR assays available have been shown to cross-react with commensal organisms, producing false positive results. This study aimed to improve the detection of N. gonorrhoeae by designing a multiplex PCR assay that used two N. gonorrhoeae genes as targets, thereby providing dual detection and confirmation of a positive result. PCR …


Gender Bias Of Cardiovascular Risk In Caucasian Type Ii Diabetics: A Haemostatic Explanation?, William Quirke Jan 2008

Gender Bias Of Cardiovascular Risk In Caucasian Type Ii Diabetics: A Haemostatic Explanation?, William Quirke

Theses

People with type II diabetes are disproportionately affected by cardiovascular disease compared to those without diabetes. The relative risk of cardiovascular disease caused by type II diabetes is higher in females than in males. This risk has not been fully explained by traditional risk factors and attention has turned to the possible role of haemostatic abnormalities in explaining the excess cardiovascular morbidity and mortality among diabetic females. We examined specific parameters of the coagulation (factor VII, factor VIII, von Willebrand factor, fibrinogen) and fibrinolytic (plasminogen activator inhibitor- 1, thrombin-activatable fibrinolysis inhibitor) system in 113 Irish Caucasian type II diabetics to …


Mesh Mac Enabling Mesh Networking Over Ieee 802.15.4 Mac Layer, Panneer Selvan Muthukumaran Jan 2008

Mesh Mac Enabling Mesh Networking Over Ieee 802.15.4 Mac Layer, Panneer Selvan Muthukumaran

Theses

Wireless sensor network is a network of sensor nodes that function in a cooperative manner to monitor the changes in the physical environment. Wireless sensor networks are used in environment and habitat monitoring, healthcare applications, building automation, and traffic control to name a few. Typically, wireless sensor node is a low power embedded device which consists of a microcontroller, sensors, wireless transceiver and a battery. These devices are usually distributed in a physical environment which makes it difficult to maintain the network manually.

The IEEE 802.15.4 and Zigbee are considered as standard protocols for wireless sensor networks. The IEEE 802.15.4 …


Optimization In Multi-Agent Systems : Structures And Procedures, Ingo Stengel Jan 2008

Optimization In Multi-Agent Systems : Structures And Procedures, Ingo Stengel

Theses

The main advantage for the use of agent technology is in the capacity of agents to represent the interests of individual entities and to act autonomously on their behalf. In multi-agent systems this involves communication, coordination and negotiation.

The focus of this dissertation is to find ways to optimize multi-agent systems at different levels by taking into consideration their structure and the procedures used. As optimization depends to a large extent on the problem to be solved, group forming scenarios, in which self-interested agents compete to form and join groups, have been selected here for consideration. Optimization issues are discussed …


Clostridium Difficile: Comparative Evaluation Of Two Detection Techniques And Characterisation Of Clinical Isolates., Rebecca Dennehy Jan 2008

Clostridium Difficile: Comparative Evaluation Of Two Detection Techniques And Characterisation Of Clinical Isolates., Rebecca Dennehy

Theses

Clostridium difficile is one of the most common causes of antibiotic associated diarrhoea. The presence of C difficile in stool samples may be detected by a variety of means including enzyme immunoassays and culture. Enzyme immunoassays detect the presence of the toxins produced by the organism, toxin A and/or toxin B, but are known to lack sensitivity. The aim of this study was to compare the commercial ELISA assay currently used for the detection of C difficile toxins in Waterford Regional Hospital to culture for the organism to selective media. To compare the sensitivity of the two methods serial dilutions …


"J.J. Morrison" And His Right Of Publicity Lawsuit Against The Ncaa (National Collegiate Athletic Association), Ray Yasser, Sean Hanlon Jan 2008

"J.J. Morrison" And His Right Of Publicity Lawsuit Against The Ncaa (National Collegiate Athletic Association), Ray Yasser, Sean Hanlon

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.