Digital Commons Network^™

The Early History Of The Colorado Court Of Appeals, Robert M. Linz, Claire E. Munger

Publications

No abstract provided.

Common Ground: The Case For Collaboration Between Anti-Poverty Advocates And Public Interest Intellectual Property Advocates, Deborah J. Cantrell

Publications

This article examines the previously unappreciated common ground between scholars and advocates who work to eliminate poverty, and scholars and advocates who work on intellectual property issues in the public interest. The article first illustrates how scholars and advocates working on poverty and on public interest intellectual property have relied on rights talk to frame their social movements. Under the conventional narrative, the framing has accentuated differences between the movements. As the Article explains, the two movements share core principles and should recognize shared interests and goals. By developing a new model of how to view public interest movements, the …

The Next Frontier For Network Neutrality, Philip J. Weiser

Publications

The challenge for policymakers evaluating calls to institute some form of network neutrality regulation is to bring reasoned analysis to bear on a topic that continues to generate more heat than light and that many telecommunications companies appear to believe will just fade away. Over the fall of 2007, the hopes of broadband providers that broadband networks could escape any form of regulatory oversight were dealt a blow when it was revealed that Comcast had degraded the experience of some users of Bittorent (a peer-to-peer application) and engaged in an undisclosed form of network management. This incident, as well as …

Abbott, Aids, And The Ada: Why A Per Se Disability Rule For Hiv/Aids Is Both Just And A Must, Scott Thompson

Publications

HIV/AIDS should be classified as a per se disability under the Americans with Disablities Act. Such a ruling is justified by the plain language of the act itself, legislative history, administrative regulations, and court precedent. Absent such a ruling, individuals with HIV must demonstrate that they have (1) an mental or physical impairment, (2) that substantially limits (3) a major life activity. While most courts to address the applicability of the ADA to individuals with HIV/AIDS have found that such individuals are disabled because HIV impairs the major life activity of reproduction, such an interpretation leaves open the possibility that …

Can Might Make Right? The Use Of Force To Impose Democracy And The Arthurian Dilemma In The Modern Era, Scott Thompson

Publications

This article explains that under international law nations are not permitted to use force to impose democracy on other nations and that such an approach is also impracticable and undesirable from a policy perspective.

Government Workers And Government Speech, Helen Norton

Publications

This essay, to be published in the First Amendment Law Review's forthcoming symposium issue on Public Citizens, Public Servants: Free Speech in the Post-Garcetti Workplace, critiques the Supreme Court's decision in Garcetti v. Ceballos as reflecting a distorted understanding of government speech that overstates government's own expressive interests while undermining the public's interest in transparent government.

In Garcetti, the Court held that the First Amendment does not protect public employees' speech made "pursuant to their official duties," concluding that a government employer should remain free to exercise "employer control over what the employer itself has commissioned or created." …

Catalog Denison University 2008-2009

Denison University Catalogs

Denison University Course Catalog 2008-2009

Postcommunist Privatization And Productivity: What Have We Learned?, John S. Earle

Employment Research Newsletter

No abstract provided.

Employment Research, Vol. 15, No. 1, January 2008

Employment Research Newsletter

No abstract provided.

Mechanics Of Dump Truck Vibrations In High-Impact Shovel Loading Operations, Nassib Aouad

Doctoral Dissertations

"The deployment of large machinery for low cost, bulk surface mine production operations has resulted in high-impact shovel loading operations (HISLO). In extreme cases, shovels load large dump trucks with 100-ton (or more) passes generating high-impact forces under gravity. HISLO generates high-frequency shockwaves that cause severe truck vibrations exposing operators to whole body vibrations (WBV). This WBV levels may exceed the recommended International Standards Organization (ISO) limits resulting in longterm lower-back disorders and other health problems. There is a need for fundamental and applied research to determine HISLO vibration levels for heavy mining machinery, their comparisons to ISO 2631 limits …

Off-Label Psychopharmacologic Prescribing For Children: History Supports Close Clinical Monitoring., Julie M Zito, Albert T Derivan, Christopher J Kratochvil, Daniel J Safer, Joerg M Fegert, Laurence L Greenhill

Department of Psychiatry and Human Behavior Faculty Papers

The review presents pediatric adverse drug events from a historical perspective and focuses on selected safety issues associated with off-label use of medications for the psychiatric treatment of youth. Clinical monitoring procedures for major psychotropic drug classes are reviewed. Prior studies suggest that systematic treatment monitoring is warranted so as to both minimize risk of unexpected adverse events and exposures to ineffective treatments. Clinical trials to establish the efficacy and safety of drugs currently being used off-label in the pediatric population are needed. In the meantime, clinicians should consider the existing evidence-base for these drugs and institute close clinical monitoring.

Dimeric Heat Shock Protein 40 Binds Radial Spokes For Generating Coupled Power Strokes And Recovery Strokes Of 9 + 2 Flagella, Chun Yang, Heather A. Owen, Pinfen Yang

Biological Sciences Faculty Research and Publications

T-shape radial spokes regulate flagellar beating. However, the precise function and molecular mechanism of these spokes remain unclear. Interestingly, Chlamydomonas reinhardtii flagella lacking a dimeric heat shock protein (HSP) 40 at the spokehead–spokestalk juncture appear normal in length and composition but twitch actively while cells jiggle without procession, resembling a central pair (CP) mutant. HSP40⁻ cells begin swimming upon electroporation with recombinant HSP40. Surprisingly, the rescue doesn't require the signature DnaJ domain. Furthermore, the His-Pro-Asp tripeptide that is essential for stimulating HSP70 adenosine triphosphatase diverges in candidate orthologues, including human DnaJB13. Video microscopy reveals hesitance in bend initiation and …

Instructional Strategies And Teacher-Student Interaction In The Classrooms Of A Chinese Immersion School, Tsueylin Tracy Wang

Doctoral Dissertations

unavailable

Firing The Canon : Identity Negotiation Among Chinese American Youth Through The Mediation Of Multicultural Literature, Susan Katrina Gold

Doctoral Dissertations

unavailable

Refiguring Technology : Emerging Understandings In Adult Learning, Scott M. Rosen

Doctoral Dissertations

unavailable

African American Parent Groups As A Context For The Activation Of Social Capital : A Case Of Parent Empowerment Through Transformational Leadership, Ajamu T. Stewart

Doctoral Dissertations

unavailable

Ethnic Theme Housing At Berkeley And Cornell : A Critical Hermeneutic Understanding Of Ethnic Identity, Daniel Ocampo

Doctoral Dissertations

unavailable

The Relationship Between Corportate Social Responsibility And Shareholder Value: An Empirical Test Of The Risk Management Hypothesis, Paul C. Godfrey, Craig B. Merrill, Jared M. Hansen

Faculty Publications

Do shareholders gain when managers disperse corporate resources through activities classified as corporate social responsibility (CSR)? Strategy scholars have recently developed a theoretical model that links such activities to shareholder value when a firm suffers a negative event; we test key portions of this theory of the ‘insurance-like’ property of CSR activity. We posit that such activity leads to positive attributions from stakeholders, who then temper their negative judgments and sanctions toward firms because of this goodwill. We extend the risk management model by theorizing that some types of CSR activities will be more likely to create goodwill and offer …

Ict Perceptions And Meanings: Implications For Knowledge Transfer, Anne P. Massey, Taylor M. Wells

Faculty Publications

Driven by global competition and economic pressures, organizations are increasingly interested in transferring and leveraging local expertise at the global level. While many of the challenges of knowledge transfer (KT) have been discussed in the literature (e.g., incentives, cognitive limitations), the challenge of KT in distributed, or “virtual”, settings and the role of information and communication technologies (ICTs) have received limited attention. While any given ICT may be described in terms of one’s perceptual awareness of its capabilities (e.g., richness, interactivity), it may also be described relative to the meanings an individual attaches to it, i.e., the idea of it …

Personnel Selection, Paul R. Sackett, Filip Lievens

Research Collection Lee Kong Chian School Of Business

We review developments in personnel selection since the previous review by Hough & Oswald (2000) in the Annual Review of Psycholog. We organize the review around a taxonomic structure of possible bases for improved selection, which includes (a) better understanding of the criterion domain and criterion measurement, (b) improved measurement of existing predictor methods or constructs, (c) identification and measurement of new predictor methods or constructs, (d) improved identification of features that moderate or mediate predictor-criterion relationships, (e) clearer understanding of the relationship between predictors or between predictors and criteria (e.g., via meta-analytic synthesis), (f) identification and prediction of new …

Values, Ideologies, And Frames Of Reference In Employment Relations, John W. Budd, Devasheesh P. Bhave

Research Collection Lee Kong Chian School Of Business

Employment relations—which form most of the 20th century was called industrial relations, and what some now call human resources and industrial relations—is a multidisciplinary field studying all aspects of work and the employment relationship (Ackers and Wilkinson, 2003; Budd, 2004; Kaufm an, 2004). A multidisciplinary approach means that competing values and assumptions underlie the analyses, policies, and practices of employment relations scholars, practitioners, and policymakers. Unfortunately, these underlying beliefs are often implicit rather than explicit, or, with the longstanding focus on how industrial relations processes work, sometimes ignored altogether. But understanding the employment relationship, corporate human resource management practices, labor …

Agenda Power In The Italian Chamber Of Deputies, 1988-2000, Gary W. Cox, William B. Heller, Mathew D. Mccubbins

Faculty Scholarship

We find strong evidence that governing coalitions in Italy exercise significant negative agenda powers. First, governing parties have a roll rate that is nearly zero, and their roll rate is lower than opposition parties’ roll rates, which average about 20% on all final passage votes. Second, we find that, controlling for distance from the floor median, opposition parties have higher roll rates than government parties. These results strongly suggest that governing parties in Italy are able to control the legislative agenda to their benefit. We also document significantly higher opposition roll rates on decree-conversion bills and budget bills that on …

The Other Delegate: Judicially Administered Statutes And The Nondelegation Doctrine, Margaret H. Lemos

Faculty Scholarship

The nondelegation doctrine is the subject of a vast and everexpanding body of scholarship. But nondelegation literature, like nondelegation law, focuses almost exclusively on delegations of power to administrative agencies. It ignores Congress's other delegate-the federal judiciary.

This Article brings courts into the delegation picture. It demonstrates that, just as agencies exercise a lawmaking function when they fill in the gaps left by broad statutory delegations of power, so too do courts. The nondelegation doctrine purports to limit the amount of lawmaking authority Congress can cede to another institution without violating the separation of powers. Although typically considered only with …

Lifting The Veil: Women And Islamic Law, Christie S. Warren

Cardozo Journal of Equal Rights & Social Justice

The article explores whether Islamic law can reconcile its teachings with the rights of women, highlighting the Prophet Muhammad's respectful treatment of women while examining the current disparities in women's rights in various Muslim-majority countries. It argues that while Islamic law has the potential to support gender equality, historical and cultural interpretations have often led to discrimination against women. The article suggests that reform is possible through reinterpretation of Islamic sources and increased female participation in legal scholarship.

Creating A Proper Incentive Structure: A Case Study Of Ledbetter V. Goodyear Tire & Rubber Co., Young Eun Lee

Cardozo Journal of Equal Rights & Social Justice

The note examines the Ledbetter v. Goodyear Tire & Rubber Co. case, highlighting the tension between procedural rules and fairness in employment discrimination claims. The Supreme Court's decision, which dismissed Lilly Ledbetter's pay discrimination claim as time-barred, underscores the challenges of balancing procedural timelines with the realities of identifying and addressing discrimination. The ruling, criticized for its strict interpretation of the 180-day filing period, led to legislative reforms like the Lily Ledbetter Fair Pay Act. The case emphasizes the need for clear employer policies and proactive measures to address pay disparities while ensuring employees can seek justice without undue delay.

Judicial Activism & Patent Law, P.P. Naolekar

National Law School of India Review

This article is a study of the role of the judiciary in patent protection in India. It begins with a theoretical exploration of the role of the judicial organ in any democratic society. It explains how the judiciary is not merely the arbiter of disputes but is also instrumental in delivering justice through determining and clarifying the status of law. The article then demonstrates the active nature of the Indian judiciary in patent protection through an examination of case law on the nature of patents and the legal consequences of infringement. The article moves to a brief survey of the …

Ducking Trips In India: A Saga Involving Novartis And The Legality Of Section 3(D), Shamnad Basheer, Prashant Reddy

National Law School of India Review

This paper is an evaluation of the decision in Novartis AG v. Union of India, where the Madras High Court decided on both, the constitutionality of s. 3(d) of the Indian Patents Act, 1970 and its compatibility with the TRIPS regime. The authors agree with the Court insofar as the court upheld the constitutionality of the section. They are, however, critical of the Court's decision to 'duck' out of deciding TRIPS compatibility on jurisdictional grounds. The authors disagree with the reasoning and contractual framework within which the Court found it had no jurisdiction, and posit that principles of constitutional law …

Patent Judicial Wisdom, Srividhya Raghavan

National Law School of India Review

The project of harmonisation of patent laws around the world under the aegis of the TRIPS Agreement has interacted with national policies and objectives in respect of patents in both developed and developing countries. This interaction has been mediated through the judiciary and the pervasive influence of the judiciary has been essential for the success enjoyed so far. However, the localised perspectives of the judiciary have also hindered the global project of harmonisation to a significant extent as divergent standards and approaches have come forth in spite of similar statutory foundations. This article seeks to analyse specific illustrations that highlight …

Patent Protection Through Interim Injunctions: Adding Sting To The Enforcement Of Indian Patent Law, Ashutosh Kumar

National Law School of India Review

The author argues that the standards governing the grant of an interim injunction must be reassessed in light of the growing importance of the interim injunction as a tool of resolving patent infringement litigation. He suggests that the standards applied in civil litigation generally are inappropriate because of four factors that qualitatively distinguish patent infringement litigation from civil litigation. The author proposes the acceptance of the model envisaged by Lord Diplock in American Cyanamid v. Ethicon as the appropriate model to govern injunctions in patent infringement litigation, and argues that a lower standard of prima facie case is more consistent …

Direct Price Control On Patented Drugs In India: The Probable Effects On Innovations And Access To Medicines, Ajay Prasad, Varsha Iyengar

National Law School of India Review

Addressing the growing concern stemming from the issue of access to and affordability of drugs, this article argues for the use of a direct price control mechanism to prevent the abuse of monopoly rights emerging from the patenting of pharmaceutical products. The article also demonstrates the limited utility of compulsory licensing in achieving access to medicines, and explodes the myth of direct price control necessarily hindering innovation, consequently putting forward a persuasive case for reformulating and rigorously implementing India's hitherto impotent price control regime.