Digital Commons Network^™

Modernizing Patent Law's Inequitable Conduct Doctrine, Christopher A. Cotropia

Law Faculty Publications

This Article's main finding is that the inequitable conduct doctrine has the ability to improve patent quality as long as the inherent tendency to overcomply with the doctrine by overloading the USPTO with information is kept in check. The Article reaches this conclusion by proceeding in five parts. Part II describes the current thinking on the inequitable conduct doctrine, with particular focus on the major critiques of the doctrine and proposed legislative and administrative responses. Part III of the Article begins the construction of a fundamental, conceptual framework for the doctrine by explaining how it impacts both patent quality and …

Biblical Interpretation, Constitutional Interpretation And Ignoring Text, Henry L. Chambers, Jr.

Law Faculty Publications

Much is made of how to interpret the Constitution. The Constitution is foundational and its law is the highest law in the land. Consequently, interpreting the Constitution correctly is important, not only so that the Constitution's words are honored but so that its ideals are honored. Similar desires accompany the interpretation of other important documents. Indeed, how a sacred text like the Bible is or can be interpreted may shed light upon how the Constitution could be or should be interpreted. This brief Essay considers how a particular vision of Christian biblical interpretation can inform constitutional interpretation. This Essay does …

Recent Developments In Patent Law, Kristen Jakobsen Osenga

Law Faculty Publications

In the last year, the landscape of patent law was altered by court opinions from the Supreme Court and U.S. Court of Appeals for the Federal Circuit, as well as in opinions rendered by the Board of Patent Appeals and Interferences (hereafter BP AI) at the United States Patent and Trademark Office. In addition, patent reform legislation was introduced that could have shaken up patent practice even further. Although none of the reform proposals were passed, revised versions of these legislative initiatives have already been introduced in 2009. This brief write-up summarizes many (but by no means all) of the …

Filling Federal Appellate Vacancies, Carl W. Tobias

Law Faculty Publications

Judicial selection for the United States Courts of Appeals has rarely been so controversial. Delay in nominating and analyzing candidates as well as fractious accusations, recriminations, and "paybacks" between Democrats and Republicans have vexed circuit appointments over two decades. Many judgeships remain empty for long periods, while one position has been vacant since 1994. Certain appellate tribunals have confronted acute difficulties. The U.S. Court of Appeals for the Sixth Circuit recently operated absent half its judicial complement across eight months, and numerous courts labored without one in three members at various junctures.

The Senate, which furnishes advice and consent, has …

Superposition Formulas For Darboux Integrable Exterior Differential Sys-Tems, Ian M. Anderson, Mark E. Fels, Peter J. Vassiliou

Mathematics and Statistics Faculty Publications

In this article we solve an inverse problem in the theory of quotients for differential equations. We characterize a family of exterior differential systems that can be written as a quotient of a direct sum of two associated systems that are constructed from the original. The fact that a system can be written as a quotient can be used to find the general solution to these equations. Some examples are given to demonstrate the theory.

A Brief Version Of The Family Background Questionnaire, Timothy P. Melchert, Augustine Kalemeera

College of Education Faculty Research and Publications

Although it is lengthy. the Family Background Questionnaire provides reliable behaviorally specific family history information. Results from reliability and validity analyses suggest that a brief version of this instrument that assesses parental responsiveness, child maltreatment, and parental substance abuse would provide a useful screening instrument for obtaining family history information.

The Unmerry Widow: Spousal Disinheritance And Life Insurance In North Carolina, Jeffrey S. Kinsler

Law Faculty Scholarship

In spite of our nation’s long-held public policy of protecting surviving spouses, some people purposely disinherit their spouses. For centuries, North Carolina more or less tolerated intentional spousal disinheritance. In 1959, in an effort to protect surviving spouses from deliberate disinheritance, North Carolina adopted a “right of dissent” statute that authorized a surviving spouse to renounce the decedent spouse’s will and receive a statutorily prescribed share (ranging from one-sixth to one-half) of the decedent spouse’s probate estate. Because the dissent statute was limited to the decedent spouse’s probate estate, it was easily circumvented through the use of non-probate transfers. In …

Lost In The Maze Of Appeals: The Eleventh Circuit's Review Of Decisions By The Board Of Immigration Appeals, Amy L. Moore

Law Faculty Scholarship

The Eleventh Circuit reviews decisions made by the Board of Immigration Appeals with a very lenient substantial evidence test that incorporates the idea of compulsion. In other words, the record must compel an opposite conclusion for a decision to be overturned as opposed to merely being unsupported by substantial evidence. This article details the job of the Board of Immigration Appeals, the types of claims it hears, and the types of review applied to it by the Eleventh Circuit. A study of 251 cases from 1990 through 2008 suggests that the Eleventh Circuit hardly ever overturns the Board of Immigration …

Validity And Reliability Of The Lesbian, Gay, Bisexual Working Alliance Self-Efficacy Scales, Alan W. Burkard, Nathan Pruitt, Barbara R. Medler, Ann M. Stark-Booth

College of Education Faculty Research and Publications

In this paper, the authors report on the development and initial psychometric evaluation of the Lesbian, Gay, and Bisexual Working Alliance Self-Efficacy Scales (LGB-WASES) with data collected from two studies and 534 counseling trainees. Exploratory factor analysis results yielded a 32-item scale with a three-factor model (a) Emotional Bond, (b) Establishing Tasks, and (c) Setting Goals. LGB-WASES scores were internally consistent and remained stable over a 3-week period. Construct validity evidence suggests the LGB-WASES scores were (a) positively related to general perceptions of counseling self-efficacy and multicultural counseling competency, (b) negatively related to attitudes toward lesbians and gay men, and …

Toddlers With Developmental Delays And Challenging Behaviors, Kathryn M. Keller, Robert A. Fox

College of Education Faculty Research and Publications

Behavior problems and parental expectations and practices were studied in a sample of 58 toddlers with developmental disabilities who were consecutively referred to a mental health clinic. The majority of children (70.7%) exceeded the clinical cut-off score for significant behavior problems including tantrums, aggression, defiance, and hyperactivity, and 77.6% met the DSM-IV criteria for a psychiatric diagnosis with oppositional defiant disorder being the most common. Consistent with previous research, child behavior problems were related to parental use of verbal and corporal punishment and were detrimental to the quality of the parent-child relationship. A new finding was that parental expectations also …

Exploring Students' Perceptions Of Academically Based Living-Learning Communities, Matthew R. Wawrzynski, Jody E. Jessup-Anger, Katherine Stolz, Cynthia Helman, Jacqueline Beaulieu

College of Education Faculty Research and Publications

This qualitative study employed focus group interviews to explore students' perceptions of three well established academically based living-learning communities at a large, land-grant university in the Midwest. Three themes emerged that illustrated students' perceptions of a culture that promoted seamless learning, a scholarly environment, and an ethos of relatedness among faculty, staff, and peers. Implications for practice and future research are discussed.

The Constitutional Future Of Race-Neutral Efforts To Promote Diversity And Avoid Racial Isolation In Our Elementary And Secondary Schools, Kimberly J. Robinson

Law Faculty Publications

In 2007, the U.S. Supreme Court ruled in Parents Involved in Community Schools v. Seattle School District No. 1 that the racial classifications used by school districts in Seattle and Louisville to create diverse schools were unconstitutional. Justice Kennedy provided the deciding vote but also noted that school districts could pursue diversity and avoid racial isolation through race-neutral alternatives. He asserted that it was unlikely that race-neutral alternatives would be subject to strict scrutiny but articulated no rationale for this assertion. This Article argues that, after Parents Involved, school districts will focus on race-neutral efforts to create diverse schools …

Confronting The State Budget And Establishing Quality-Of-Life Benchmarks In Illinois: Results And Analysis Of The Paul Simon Public Policy Institute 2008 Statewide Poll, Charles W. Leonard

The Simon Review (Occasional Papers of the Paul Simon Public Policy Institute)

In Fall 2008, The Paul Simon Public Policy Institute at Southern Illinois University Carbondale conducted its first statewide public opinion survey since 2004. Topics included the general direction of the country, the state, and respondents’ respective areas of the state; benchmark quality of life measures for education, public safety, the environment, and the economy; opinions on important public issues, such as a proposal to amend the Illinois Constitution to allow recall of statewide elected officials and the proposed Constitutional Convention; and opinions on judicial selection issues in the state. By far the most newsworthy section of the survey, released October …

Catalog 2009-2010, University Of North Florida

UNF Course Catalogs

No abstract provided.

Horseshoe Crab Spawning Survey Protocol, Jennifer Mattei

Biology Faculty Publications

The protocol lists supplies and clothing needed for the survey, as well as which data is to be collected and when and how it should be entered for the census of horseshoe crabs on the Recapture Data Sheet for 2009. Adopted from Cape Cod and Delaware Bay survey protocols.

Choosing The Right Path: Enhancement Of Biologically Relevant Sets Of Genes Or Proteins Using Pathway Structure, Reuben Thomas, Julia M. Gohlke, Geffrey F. Stopper, Frederick M. Parham, Christopher J. Portier

Biology Faculty Publications

A method is proposed that finds enriched pathways relevant to a studied condition using the measured molecular data and also the structural information of the pathway viewed as a network of nodes and edges. Tests are performed using simulated data and genomic data sets and the method is compared to two existing approaches. The analysis provided demonstrates the method proposed is very competitive with the current approaches and also provides biologically relevant results.

Resolving Amicus Curiae Motions In The Third Circuit And Beyond, Carl W. Tobias

Law Faculty Publications

Amicus curiae briefs are deeply woven into the fabric of modern federal appellate practice. Indeed, amici curiae submit briefs in approximately ninety percent of the cases that the United States Supreme Court entertains, and the Justices deny a minuscule number of amicus requests to participate. Amicus practice is less ubiquitous in the United States Courts of Appeals. Amici seek to file comparatively few briefs, nearly all of which the appellate courts permit, while many tribunals have not developed a comprehensive jurisprudence for resolving amicus motions. Nonetheless, the United States Court of Appeals for the Seventh Circuit has articulated rather stringent …

Displacement, Kelly Manning

School of Art, Art History, and Design: Theses and Student Creative Work

Displacement is the act by which fluid is forced to move by an object floating or submerged in it. During the course of a bath, the bather continuously affects the water he/she displaces, creating water distortions that visually contort and fragment the bather. Our human senses cannot fully digest all these nuances made from one simple splash. We are essentially blind to these beautiful milliseconds save through the use of a camera. In studying my photographic references, I have been able to discern different types of water formations. The complexity of rendering water is its own struggle. More than a …

College Students And Service: A Mixed Methods Exploration Of Motivations, Choices, And Learning Outcomes, Ronald Chesbrough

Department of Educational Administration: Dissertations, Theses, and Student Research

Advisor: James V. Griesen
The purpose of this two-phase exploratory mixed methods research was to add to an understanding of the motivations toward service among college students, to get a clearer sense of how students choose their particular service involvements, and to better understand the learning outcomes from service involvement during college. Underlying philosophical assumptions of the study were that service involvement during college contributes in several positive ways to student development, and that student descriptions of their motivations, choices, and learning from service will vary based on gender, year in college, and amount of service performed.

Findings indicated that …

National Student Advertising Competition: Century Council Binge Drinking Campaign, Volation (Team), Ruth Brown, Bettina Burklund, Stacy James, Zach Janky, Phyllis Larsen, Bruce Mitchell, Chuck Piper, Adam Wagler

College of Journalism and Mass Communications: Student Advertising Projects

April 28, 2009 — Advertising students from the University of Nebraska-Lincoln College of Journalism and Mass Communications took home first place in the District 9 American Advertising Federation's National Student Advertising Competition April 24. A first for the program, this win places the team among an elite group of 15 from across the country that will compete for the national title in Washington, D.C., June 4-5. UNL will represent District 9, which includes Nebraska, Iowa, Missouri and Kansas. Judges were unanimous in their decision that the team, Volation, stood far above the other seven teams competing, with a "risky" concept …

Interpixel Capacitive Coupling, Linpeng Cheng

Theses

Interpixel coupling (IPC) is an electronic crosstalk where a pixel couples signal charges to its neighbors capacitively. It is a deterministic process, whereas diffusion crosstalk is stochastic. It will smooth normal image signal as well as Poisson noise. As a result, the conversion gain will be underestimated by the photon transfer method. However, the capacitive coupling has not received much attention until Andrew Moore and Gert Finger recently studied its potential effect on the measurement of responsive detective efficiency of image detector arrays in both theory and observation. This thesis continues to investigate this electronic effect. The potential impact of …

Front, North American Bird Bander

North American Bird Bander

No abstract provided.

Front, North American Bird Bander

North American Bird Bander

No abstract provided.

Back, North American Bird Bander

North American Bird Bander

No abstract provided.

Front, North American Bird Bander

North American Bird Bander

No abstract provided.

Back, North American Bird Bander

North American Bird Bander

No abstract provided.

Front 34-4.Pdf, North American Bird Bander

North American Bird Bander

No abstract provided.

Back 34-4.Pdf, North American Bird Bander

North American Bird Bander

No abstract provided.

Development And Evaluation Of New Mask Protocols For Gene Expression Profiling In Humans And Chimpanzees, Donna M. Toleno, Gabriel Renaud, Tyra G. Wolfsberg, Munirul Islam, Derek E. Wildman, Kimberly D. Siegmund, Joseph G. Hacia

Wayne State University Associated BioMed Central Scholarship

Abstract

Background

Cross-species gene expression analyses using oligonucleotide microarrays designed to evaluate a single species can provide spurious results due to mismatches between the interrogated transcriptome and arrayed probes. Based on the most recent human and chimpanzee genome assemblies, we developed updated and accessible probe masking methods that allow human Affymetrix oligonucleotide microarrays to be used for robust genome-wide expression analyses in both species. In this process, only data from oligonucleotide probes predicted to have robust hybridization sensitivity and specificity for both transcriptomes are retained for analysis.

Results

To characterize the utility of this resource, we applied our mask protocols …

A Three-Year-Old Boy With X-Linked Adrenoleukodystrophy And Congenital Pulmonary Adenomatoid Malformation: A Case Report, Ibrahim Abdulhamid, Sermin Saadeh, Nedim Cakan

Wayne State University Associated BioMed Central Scholarship

Abstract

Introduction

X-linked adrenoleukodystrophy leads to demyelination of the nervous system, adrenal insufficiency, and accumulation of long-chain fatty acids. Most young patients with X-linked adrenoleukodystrophy develop seizures and progressive neurologic deficits, and die within the first two decades of life. Congenital or acquired disorders of the respiratory system have not been previously described in patients with X-linked adrenoleukodystrophy.

Case presentation

A 3-year-old Arabic boy from Yemen presented with discoloration of the mucous membranes and nail beds, which were considered cyanoses due to methemoglobinemia. He also had shortness of breath, fatigue, emesis and dehydration episodes for which he was admitted to …