Digital Commons Network^™

The Doctrine Of Equivalents In Various Patent Regimes: Does Anybody Have It Right?, Martin J. Adelman

GW Law Faculty Publications & Other Works

The doctrine of equivalents is arguably one of the most important aspects of patent law. The protection a patent confers is meaningless if its scope is determined to be so narrow that trivial changes to a device bring it out of the bounds of the patent. One of the greatest challenges courts and legislatures therefore face in patent law is to create rules for determining patent scope that maintain the protection a patent is meant to confer while still keeping the patent monopoly within reasonable bounds. Despite the general unity in patent laws among developed countries, the difficulty of this …

Living Originalism, Peter J. Smith, Thomas Colby

GW Law Faculty Publications & Other Works

Originalists routinely argue that originalism is the only coherent and legitimate theory of constitutional interpretation. This Article endeavors to undermine those claims by demonstrating that, despite the suggestion of originalist rhetoric, originalism is not a single, coherent, unified theory of constitutional interpretation, but is rather a disparate collection of distinct constitutional theories that share little more than a misleading reliance on a common label. Originalists generally agree only on certain very broad precepts that serve as the fundamental underlying principles of constitutional interpretation: specifically, that the “writtenness” of the Constitution necessitates a fixed constitutional meaning, and that courts that see …

Ego Eimi Formula And A Sense Of Continuity In John’S Gospel Chapter Sixth (Jn 6: V.20, Vss.35-58), John Changjin Bai

School of Theology and Seminary Graduate Papers/Theses

This paper examines John’s Gospel chapter six (vs.20, vss.35-58) in light of the formula “ego eimi” (“I am”) that occurs four times within it. The formula shapes the content of chapter six and gives continuity to the two sections (vss.35-50 and vss.51-58) that have generated theological disagreements. My goal is to demonstrate that the sacramental perspective implicit in the first section is made explicit in the second with ego eimi being the hinge in vs.51. Ego eimi will be shown as revelatory and as developing the eucharistic and sapiential themes of chapter six (vs. 20, vss. 35-58).

Building A Better Baby Business, Debora Spar, Anna M. Harrington

Minnesota Journal of Law, Science & Technology

No abstract provided.

Cognition, Law, Stories, Lorie M. Graham, Stephen M. Mcjohn

Minnesota Journal of Law, Science & Technology

No abstract provided.

Which Original Meaning Of The Constitution Matters To Justice Thomas?, Gregory E. Maggs

GW Law Faculty Publications & Other Works

This essay was published as part of a symposium hosted by the New York University Journal of Law and Liberty in March 2009. The journal citation is: Gregory E. Maggs, Which Original Meaning Matters to Justice Thomas?, 4 N.Y.U. J. L. & Liberty 494 (2009).

The essay addresses a basic question about Justice Clarence Thomas’s originalist jurisprudence. When Justice Thomas looks for the original meaning of the Constitution, does he seek (a) the meaning intended by the Framers at the Constitutional Convention in Philadelphia (“original intent”), (b) the meaning as understood by the delegates to the thirteen state ratifying conventions …

Military And Civilian Speech-Language Pathologists' Attitudes Towards Evidence-Based Practice: A Pilot Study, Lauren Nicole Furr

Honors Theses

The renewal of military combat in Iraq and Afganistan (2001-) and the subsequent influx of soliders with traumatic brain injury (TBI) revealed shortcomings in the military’s healthcare relative to patients with TBI. To address these concerns, the military drastically reformed TBIrelated healthcare policy and services. Military healthcare policy reform claims to address the shortcomings of previous military heathcare policy, which include insufficient TBI training for healthcare providers , a problem that policy reform alone cannot remedey. Questions remain relative to the status of TBI-related military healthcare; specifically, were the shortcomings in TBI-related miltiary healthcare a function of inefficient systemic healthcare …

Ralph D. Winter, 1924-2009: Innovative And Inspiring Missions Leader, R. L. Staples

Journal of Applied Christian Leadership

No abstract provided.

Investigating The Presuppositional Realm Of Biblical-Theological Methodology: Part 1: Dooyeweerd On Reason, Oliver Glanz

Faculty Publications

No abstract provided.

Beetles, Frogs, And Lawyers: The Scientific Demarcation Problem In The Gilson Theory Of Value Creation, Jeffrey M. Lipshaw

Suffolk University Law School Faculty Works

Recently, Ronald Gilson described a transactional lawyer turned law professor as someone who was a beetle, but became an entomologist. This is not the first non-mammalian metaphor used by an economically inclined legal academic to demarcate those who study and those who are studied. As Richard Posner so colorfully explained rational actors as they appear to economists studying them objectively: "it would not be a solecism to speak of a rational frog." In this short essay, I suggest that both say something about the prevailing view of theorizing that is entitled to privileged epistemic status in the legal academy. Some …

Hermeneutics And Culture, Lael Caesar

Perspective Digest

No abstract provided.

Ethics As Self-Transcendence: Legal Education, Faith, And An Ethos Of Justice, Patrick Brown

Seattle University Law Review

Ethics is fundamentally about ethos, attitude, one's grounded stance or existential orientation, not the extrinsicism of concepts or the formalism of rules. Ethics concerns not just any orientation, but that intimate and demanding form of personal development manifested in the experience and practice of self-transcendence. Conversely, the neglect of ethics as self-transcendence introduces deep distortions into the way we socialize students into notions of ethics and professionalism. It introduces subsequent distortions into the conditions of legal practice. It encourages a superficial and extrinsic minimalism. It encourages, in effect, the disastrous conception of legal ethics as ethical legalism. I begin by …

Backlog 2009, Lipscomb University

Backlogs and Other Yearbooks

The 2009 Lipscomb University Backlog yearbook.

Communicating Worry: An Intrapersonal Perspective, Linda Vangelis

Iowa Journal of Communication

Existing social science research on worry generally takes a psychological slant, focusing on categories and characteristics of worry, and the reasons people worry. Some of the current literature also provides strategies on how to cope with worry. This essay extends the current research by offering the reader insights into the intrapersonal communication of this emotion. This article is an autoethnographic, layered account of the author's lived experience as a worrier. Through the use of episodic vignettes, the author explores her thoughts and feelings while in the throes of a cycle of worry, offering the readers a glimpse into the everyday, …

The Well-Pleaded Complaint Rule And Jurisdiction Over Patent Law Counterclaims: An Empirical Assessment Of Holmes Group And Proposals For Improvement, Jiwen Chen

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Linguistic Moments: Language, Teaching, And Teacher Education In The U.S., Brandon Lavada, Denise Marie Baszile, Theodorea Berry

Faculty Publications

No abstract provided.

Cognition And Consensus In The Natural Law Tradition And In Neuroscience: Jacques Maritain And The Universal Declaration Of Human Rights, C.M.A. Mccauliff

Villanova Law Review (1956 - )

No abstract provided.

Ot 615 Minor Prophets, David Loren Thompson

Syllabi

1. A standard contemporary English translation. Revised Standard Version of the Bible, or some other contemporary, standard (non-paraphrasing) version such as The New Revised Standard Version of the Bible, New American Standard Bible, with minimal editorial clutter in the layout. 2. A Masoretic text of the Hebrew Bible. Either Biblia Hebraica Stuttgartensia. 4th ed. Stuttgart: Deutsche Bibelgesellschaft, 1990, or The NIV Interlinear Hebrew-English Old Testament. John Kohlenberger III, editor. Zondervan, 1993, or its equivalent. 3. Bible Study That Works. Revised edition. Evangel Press, 1994. David L. Thompson. Do not use the 1982 edition for class! 4. An Annotated List of …

Ot 710 Exegetical Studies: Pentateuch, Brian D. Russell

Syllabi

Walter Kaiser, Toward an Exegetical Theology: Biblical Exegesis for Teaching and Preaching (Baker Academic, 1998) Paul D. Wegner, A Student's Guide to Textual Criticism of the Bible: Its History, Methods and Results (InterVarsity, 2006)

“The Web Of The World”: Untenable Binaries Of Chaos And Control In The Novels Of Vladimir Nabokov, Sally Culpepper

All ETDs from UAB

No abstract provided.

Una Aproximación A La Didáctica De La Ortografía En La Clase De Ele, David Sánchez-Jiménez

Publications and Research

No abstract provided.

La Expresión Escrita En La Clase De Ele, David Sánchez-Jiménez

Publications and Research

En esta ponencia se presentará una definición de la expresión escrita y se tratará de reflexionar sobre los objetivos que persigue su uso y la valoración social de esta destreza, así como sobre la evolución de su tratamiento en la metodología de la enseñanza de lenguas. Se discutirán conceptos fundamentales en la composición del discurso escrito, tales como la planificación, textualización y revisión, a partir de los parámetros formales de cohesión, coherencia, adecuación y corrección gramatical. En su vertiente práctica, se presentará una tipología de actividades de expresión escrita y de estrategias que se ponen en práctica en esta destreza, …

From The Enlightenment To Crawford To Holmes, Ronald J. Allen

Seton Hall Law Review

No abstract provided.

The Role And Future Of Customary Tort Law In Ghana: A Cross-Cultural Perspective, Julie A. Davies, Dominic N. Dagbanja

McGeorge School of Law Scholarly Articles

No abstract provided.

International Students' Communication Effectiveness With U.S. Faculty Members: A Further Exploration Of Anxiety/Uncertainty Management (Aum) Theory, Yixin Chen

Open Access Theses & Dissertations

This study established a theoretical model based on anxiety/uncertainty management (AUM) theory with English proficiency and knowledge of U.S. culture as indirect factors. A total of 180 international students at a mid-sized Southwestern university participated in surveys regarding the communication process with U.S. faculty. The results revealed that uncertainty and anxiety are positively related, and anxiety negatively predicts communication effectiveness while uncertainty does not. English proficiency is a negative predictor of both uncertainty and anxiety, while knowledge of U.S. culture is not a predictor of either uncertainty or anxiety. The results also indicated that English proficiency and knowledge of U.S. …

Detection Of Gas/Odor Based On Quartz Crystal Microbalance Sensors And Fuzzy Similarity Measure, Yi-Chen Lo

Open Access Theses & Dissertations

In this research, an array of six Quartz Crystal Microbalance sensors (QCM) using fuzzy similar measurement is proposed to recognize different gases and the percentage of those gases in a mixed gas. The experiment suggests three different gases, oxygen, helium, and argon as test gases and the nitrogen as the reference gas. Six QCMs in this array are coated respectively with six different specific polymers that are selected based on Linear Solvation Energy Relationship (LSER) method, in order to absorb gas molecules so as to recognize responses of resonant frequency changes from QCMs. Testing with different gases results in different …

Carlos De Sigüenza Y Góngora: Figuras Del Letrado En “Alboroto Y Motín De Los Indios De México”, Daniel Orizaga Doguim

Open Access Theses & Dissertations

Estudio sobre el Alboroto y motín de los indios de México de Carlos de Sigüenza y Góngora

Three Intra-Departmental Ncate Reviews: A Case Study, Sharon Boylan Hahnlen

Doctoral Dissertations and Projects

This Action Research case study examined the relationship of the specialty professional association accreditation process to curricular revisions in content concentrations which service both teacher licensure degree candidates and non-licensure degree candidates at a particular liberal arts institution of higher education. It sought to answer the question, "Does the SPA/NCATE accreditation process, as experienced by the content faculty at a particular liberal arts institution of higher education in three licensure programs, contribute to the NCLB Highly Qualified Teachers mandate through curricular change?" through the examination of the NCATE review process, as experienced during the preparation of and subsequent responses to …

Chevron’S Mistake, Lisa Schultz Bressman

Duke Law Journal

Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. asks courts to determine whether Congress has delegated to administrative agencies the authority to resolve questions about the meaning of statutes that those agencies implement, but the decision does not give courts the tools for providing a proper answer. Chevron directs courts to construe statutory text by applying the traditional theories of statutory interpretation-whether intentionalism, purposivism, or textualism-and to infer a delegation of agency interpretive authority only if they fail to find a relatively specific meaning. But the traditional theories, despite their differences, all invite courts to construe statutory text as …

Empirical Development Of An Instructional Product And Its Impact On Mastery Of Geometry Concepts, Donaldson Williams

Dissertations

Problem

Relatively poor levels of mathematical thinking among American school children have been identified as a major issue over the past half century. Many efforts have been made to increase the mathematics performance of children in schools. Additionally, out-of-school-time programs have attempted to address this issue as well. Holistic development is one of the distinguishing features of Seventh-day Adventist instructional programs. Yet, as of 2007, the Pathfinder program, an informal educational program operated by the world-wide Seventh-day Adventist church, had no instructional product designed to foster participants’ cognitive development in mathematics. This study focused on the empirical development of an …