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Testing Modern Trademark Law's Theory Of Harm, Mark P. Mckenna

Journal Articles

Modern scholarship takes a decidedly negative view of trademark law. Commentators rail against doctrinal innovations like dilution and initial interest confusion. They clamor for clearer and broader defenses. And they plead for greater First Amendment scrutiny of various applications of trademark law. But beneath all of this criticism lies overwhelming agreement that consumer confusion is harmful. This easy acceptance of the harmfulness of confusion is a problem because it operates at too high a level of generality, ignoring important differences between types of relationships about which consumers might be confused. Failure to differentiate between these different relationships has enabled trademark …

Stem Cell Research In California: The Intersection Of Science, Politics, Culture, And Law, Zach W. Hall

Minnesota Journal of Law, Science & Technology

No abstract provided.

The Legacy Of The Nuremberg Doctors' Trial To American Bioethics And Human Rights, George J. Annas

Minnesota Journal of Law, Science & Technology

No abstract provided.

Privacy And Public Health In The Information Age: Electronic Health Records And The Minnesota Health Records Act, Kari Bomash

Minnesota Journal of Law, Science & Technology

No abstract provided.

Smokers: Nuisances In Belmont City, California—In Their Homes, But Not In Public, Georges Tippens

Minnesota Journal of Law, Science & Technology

No abstract provided.

Has Non-U.S. Case Law Recognized A Legally Protected Autonomy Right?, Nili Karako-Eyal

Minnesota Journal of Law, Science & Technology

No abstract provided.

Toward The Reaffirmation Of The Antitrust Rule Of Per Se Illegality As A Law Of Rules For Horizontal Price Fixing And Territorial Allocation Agreements: A Reflection On The Palmer Case In A Renewed Era Of Economic Regulation, James F. Ponsoldt

SMU Law Review

No abstract provided.

Title Vii - Eighth Circuit Holds That Reasonable Accommodation Language Does Not Require Employers To Eliminate Conflict Between Work And Religious Beliefs, Arrissa Meyer

SMU Law Review

No abstract provided.

Standing, Spending, And Separation: How The No-Establishment Rule Does (And Does Not) Protect Conscience, Richard W. Garnett

Journal Articles

The First Amendment’s “Establishment Clause” is widely thought to protect “conscience.” Does it? If so, how? It is proposed in this paper that the no-establishment rule does indeed promote and protect religious liberty, and does safeguard conscience, but not (or, at least, not only) in the way most people think it does, namely, by sparing those who object from the asserted injury to their conscience caused by public funding of religious activity.

The Supreme Court’s decision in Hein v. Freedom from Religion Foundation - a case in which the Justices limited taxpayer standing to bring Establishment Clause claims - reminds …

Contextualizing Environmental Human Rights: A Relativist Perspective, Roda Mushkat

Pace Environmental Law Review

No abstract provided.

In Search Of A Cause: Addressing The Confusion In Proving Causation Of A Public Nuisance, Steven Sarno

Pace Environmental Law Review

No abstract provided.

The European Directive On The Protection Of Groundwater: A Model For The United States, Richard Thomas

Pace Environmental Law Review

No abstract provided.

How States And Municipalities Can Retain The Power To Regulate Rail Carrier-Owned Solid Waste Transfer Facilities In The Context Of The Metro Enviro Transfer, Llc V. Village Of Croton-On-Hudson And Buffalo Southern Railroad, Inc. V. Village Of Croton-On-Hudson Decisions, Christina Hawkins

Pace Environmental Law Review

No abstract provided.

The Literature Of Difference In Cultures Of Science, Scout Calvert

University of Nebraska-Lincoln Libraries: Faculty Publications

Review of The Nature of Difference: Sciences of Race in the United States from Jefferson to Genomics, edited by Evelynn M. Hammonds and Rebecca M. Herzig.

The Nature of Difference is a timely addition to conversations about race and genomics, organized so as to allow readers to make new connections between contemporary discourses and the histories of science and race. The text’s selections and the organization of the selections with introductory material are especially helpful, serving as navigational aids to the sometimes astounding statements of racial fact that could otherwise be conversation stoppers. The book would be useful either as …

Does Fair Trade Deliver On Its Core Value Proposition? Effects On Income, Educational Attainment, And Health In Three Countries, Eric J. Arnould, Alejandro Plastina, Dwanye Ball

Department of Marketing: Faculty Publications

Alternative trade organizations (ATOs) based on philosophies of social justice and/or environmental well-being are establishing new channels of trade and marketing. Partisans promote ATOs as systems to transfer benefits from consumers in the wealthy northern hemisphere to producers in the poor southern hemisphere. The central public policy question is whether the well-being of poor agricultural producers in the southern hemisphere is actually being improved by fair-trade practices, or are consumers who buy products on this premise deceived? The research reported here partially answers the question whether participation in a fair-trade coffee marketing channel delivers benefits to smallscale producers in Latin …

Inquiry Unplugged: Building On Hackman’S Potential Perils Of Pob, Fred Luthans, Bruce Avolio

Department of Management: Faculty Publications

In this rejoinder to Hackman’s counterpoint piece on positive organizational behavior (POB), we again take a positive, inquiry approach. We address and build out each of his identified potential perils with the aim of accelerating the journey of POB understanding, research, and application.

Team Level Positivity: Investigating Positive Psychological Capacities And Team Level Outcomes, Bradley J. West, Jaime L. Patera, Melissa K. Carsten

Department of Management: Faculty Publications

The movement toward positive psychology has uncovered the important role that positivity plays in both individual and organizational success. Given that work teams are becoming increasingly embedded in organizational structures, it is surprising that few researchers have investigated positivity at the team level. The present study examines the emergence of team level positive psychological capacities and their relationship with team outcomes (e.g., cohesion, cooperation, coordination, and conflict and team satisfaction) during two team sessions. Results from 101 teams suggest that team optimism is an important predictor of team outcomes when teams are newly formed, whereas team resilience and team efficacy …

Religious Discrimination And Racial Harassment: What Ever Happened To Marshawn Demur? -- Instructor’S Manual, Gwendolyn Combs

Department of Management: Faculty Publications

Case Learning Objectives:
Establish the basis for and recognition of potential d nn isparate treatment and disparate impact situations in the workplace.
Analyze the legal requirements for employers in considering and/or accommodating employee religious beliefs and preferences in the workplace.
Examine the interface of judicial precedent, legislative intent, Title VII and organizational policy/managerial decision-making.
Recognize the roles and responsibilities of human resource (HR) professionals in addressing these issues.

Target Audience: Undergraduate and graduate level students who have a basic background in HR management and equal employment/diversity issues.

This case works best in conjunction with the study of equal employment opportunity, …

Ancient Leishmaniasis In A Highland Desert Of Northern Chile, Maria Antonietta Costa, Carney Matheson, Lucia Iachetta, Otto Appenzeller

Harold W. Manter Laboratory of Parasitology: Library Materials

Background

Leishmaniasis is an infectious disease endemic today in many areas of South America.

Methodology

We discovered morphologic and molecular evidence of ancient infections in four female skulls in the archaeological cemetery of Coyo Oriente, in the desert of San Pedro de Atacama, northern Chile. The boney facial lesions visible in the skulls could have been caused by a number of chronic infections including chronic Leishmaniasis. This diagnosis was confirmed using PCR-sequenced analyses of bone fragments from the skulls of the affected individuals. Leishmaniasis is not normally found in the high-altitude desert of northern Chile; where the harsh climate does …

Lyophilization Of Spodoptera Frugiperda (Lepidoptera: Noctuidae) Larvae Yields High-Quality Dna For Use In Aflp Genetic Studies, Pete L. Clark, David J. Isenhour, Steven R. Skoda, Jaime Molina-Ochoa, Claudia Gianni, John E. Foster

Department of Entomology: Faculty Publications

Agricultural research in the 21st century has become a collaborative effort. Research on crop pests like Spodoptera frugiperda (J.E. Smith), commonly known as the fall armyworm (FAW), can involve international collaboration because it is a pest not only in the southern United States, but also in Latin and South America. Our interest to study the genetic variation of 24 subpopulations of FAW from the southern United States, Mexico, Puerto Rico, Brazil and Argentina required insect collection procedures that preserve the integrity of DNA for molecular genetic analysis. The samples were collected primarily from maize (Zea mays L.), but also …

Degree-Day Requirements For Eight Economically Important Grasshoppers (Orthoptera: Acrididae) In Nebraska Using Field Data, Mathew L. Brust, William Wyatt Hoback, Robert J. Wright

Department of Entomology: Faculty Publications

The timing of application for the management of rangeland grasshoppers (Orthoptera: Acrididae) is critical, especially as insecticides become more specialized and the use of Insect Growth Regulators becomes more widespread. The general seasonal occurrence of adults of many grasshopper species has been well documented; however, their appearance varies widely between years. We analyzed sweep samples collected over the western two thirds of Nebraska from a 3-yr period and noted the occurrence of adults by region for eight species of rangeland grasshoppers. We analyzed occurrence based on degree-day accumulations for the region and developed estimates of degree-day requirements for these species. …

Using The World Wide Web To Educate And Inform The Public About Risk And Agricultural Biotechnology, Douglas A. Golick, Robert D. Peterson, Leon G. Higley

Department of Entomology: Faculty Publications

The University of Nebraska and AgBios, Inc. launched the AgBiosafety website (http://agbiosaftzy.unl.edu) with the purpose of educating the public about agricultural biotechnology risk and safezy issues through science-based content. This article discusses the creation ofthe website, its components, and data gathered from usage statistics and a web-delivered survey. Also included is a discussion of the results ofdata gathered and recommendations for future web-based educational efforts in biotechnology safety and risk assessment.

Pilot Study: The Nature And Thickness Of The Unsaturated Zone And Delineation Of Confined Aquifers, Sue Olafsen Lackey, Les Howard

Conservation and Survey Division: Faculty and Staff Publications

No abstract provided.

Smart Templates For Peak Pattern Matching With Comprehensive Two-Dimensional Liquid Chromatography, Stephen E. Reichenbach, Peter W. Carr, Dwight R. Stoll, Qingping Tao

School of Computing: Faculty Publications

Comprehensive two-dimensional liquid chromatography (LC × LC) generates information-rich but complex peak patterns that require automated processing for rapid chemical identification and classification. This paper describes a powerful approach and specific methods for peak pattern matching to identify and classify constituent peaks in data from LC × LC and other multidimensional chemical separations. The approach records a prototypical pattern of peaks with retention times and associated metadata, such as chemical identities and classes, in a template. Then, the template pattern is matched to the detected peaks in subsequent data and the metadata are copied from the template to identify and …

Holocene Carbon Burial By Lakes In Sw Greenland, N. J. Anderson, W. D'Andrea, Sherilyn C. Fritz

Department of Earth and Atmospheric Sciences: Faculty Publications

The role of the Arctic in future global change processes is predicted to be important because of the large carbon (C) stocks contained in frozen soils and peatlands. Lakes are an important component of arctic landscapes although their role in storing C is not well prescribed. The area around Kangerlussuaq, SW Greenland (66–68°N, 49–54°W) has ex¬tremely high lake density, with ~20 000 lakes that cover about 14% of the land area. C accumulation rates and standing stock (kg C m⁻²), representing late- to mid-Holocene C burial, were calculated from AMS ¹⁴C-dated sediment cores from 11 lakes. Lake …

Towards The Standardization Of Sequence Stratigraphy, Octavian Catuneanu, V. Abreu, J. P. Bhattacharya, M. D. Blum, R. W. Dalrymple, P. G. Eriksson, Christopher R. Fielding, W. L. Fisher, W. E. Galloway, M. R. Gibling, K. A. Giles, J. M. Holbrook, R. Jordan, C. G. St.C. Kendall, B. Macurda, O. J. Martinsen, A. D. Miall, J. E. Neal, D. Nummedal, L. Pomar, H. W. Posamentier, B. R. Pratt, J. F. Sarg, K. W. Shanley, R. J. Steel, A. Strasser, M. E. Tucker, C. Winker

Department of Earth and Atmospheric Sciences: Faculty Publications

Sequence stratigraphy emphasizes facies relationships and stratal architecture within a chronological framework. Despite its wide use, sequence stratigraphy has yet to be included in any stratigraphic code or guide. This lack of standardization reflects the existence of competing approaches (or models) and confusing or even conflicting terminology. Standardization of sequence stratigraphy requires the definition of the fundamental model-independent concepts, units, bounding surfaces and workflow that outline the foundation of the method. A standardized scheme needs to be sufficiently broad to encompass all possible choices of approach, rather than being limited to a single approach or model.

A sequence stratigraphic framework …

Sequencing, Analysis, And Annotation Of Expressed Sequence Tags For Camelus Dromedarius, Abdulaziz M. Al-Swailem, Maher M. Shehata, Faisel M. Abu-Duhier, Essam J. Al-Yamani, Khalid A. Al-Busadah, Mohammed S. Al-Arawi, Ali Y. Al-Khider, Abdullah N. Al-Muhaimeed, Fahad H. Al-Qahtani, Manee M. Manee, Badr M. Al-Shomrani, Saad M. Al-Qhtani, Amer S. Al-Harthi, Kadir C. Akdemir, Mehmet S. Inan, Hasan H. Otu

Department of Electrical and Computer Engineering: Faculty Publications

Despite its economical, cultural, and biological importance, there has not been a large scale sequencing project to date for Camelus dromedarius. With the goal of sequencing complete DNA of the organism, we first established and sequenced camel EST libraries, generating 70,272 reads. Following trimming, chimera check, repeat masking, cluster and assembly, we obtained 23,602 putative gene sequences, out of which over 4,500 potentially novel or fast evolving gene sequences do not carry any homology to other available genomes. Functional annotation of sequences with similarities in nucleotide and protein databases has been obtained using Gene Ontology classification. Comparison to available …

Genes Differentially Expressed By Cumulus Cells And Assays Using Same To Identify Pregnancy Competent Oocytes, Jose B. Cibelli, Amy E. Iager, Hasan H. Otu

Department of Electrical and Computer Engineering: Faculty Publications

A genetic means of identifying "pregnancy competent" oocytes is provided. The means comprises detecting the level of expression of one or more genes that are expressed at characteristic levels (upregulated or downregulated) in cumulus cells derived from pregnancy competent oocytes. This characteristic gene expression level, or pattern referred to herein as the "pregnancy signature", also can be used to identify subjects with underlying conditions that impair or prevent the development of a viable pregnancy, e.g., pre-menopausal condition, other hormonal dysfunction, ovarian dysfunction, ovarian cyst, cancer or other cell proliferation disorder, autoimmune disease and the like. In preferred embodiments the …

Genomic Regions Conserved In Lineage Ii Escherichia Coli O157:H7 Strains, Marina Steele, Kim Ziebell, Yongxiang Zhang, Andrew K. Benson, Roger Johnson, Chad Laing, Eduardo Taboada, Victor Gannon

Department of Food Science and Technology: Faculty Publications

Populations of the food- and waterborne pathogen Escherichia coli O157:H7 are comprised of two major lineages. Recent studies have shown that specific genotypes within these lineages differ substantially in the frequencies with which they are associated with human clinical disease. While the nucleotide sequences of the genomes of lineage I strains E. coli O157 Sakai and EDL9333 have been determined, much less is known about the genomes of lineage II strains. In this study, suppression subtractive hybridization (SSH) was used to identify genomic features that define lineage II populations. Three SSH experiments were performed, yielding 1,085 genomic fragments consisting of …

Genomic Instability In Regions Adjacent To A Highly Conserved Pch Prophage In Escherichia Coli O157:H7 Generates Diversity In Expression Patterns Of The Lee Pathogenicity Island, Zhijie Yang, Jaehyoung Kim, Chaomei Zhang, Min Zhang, Joeseph Nietfeldt, Carolyn M. Southward, Michael G. Surette, Stephen D. Kachman, Andrew K. Benson

Department of Food Science and Technology: Faculty Publications

The LEE pathogenicity island has been acquired on multiple occasions within the different lineages of

enteropathogenic and enterohemorrhagic Escherichia coli. In each lineage, LEE expression is regulated by complex networks of pathways, including core pathways shared by all lineages and lineage-specific pathways. Within the O157:H7 lineage of enterohemorrhagic E. coli, strain-to-strain variation in LEE expression has been observed, implying that expression patterns can diversify even within highly related subpopulations. Using comparative genomics of E. coli O157:H7 subpopulations, we have identified one source of strain-level variation affecting LEE expression. The variation occurs in prophage-dense regions of the genome that …