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2009

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Eighth Amendment Gaps: Can Conditions Of Confinement Litigation Benefit From Proportionality Theory, Alexander A. Reinert Jan 2009

Eighth Amendment Gaps: Can Conditions Of Confinement Litigation Benefit From Proportionality Theory, Alexander A. Reinert

Articles

No abstract provided.

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Dying To Dine: A Story Of The Suicidal Indian Farmers, Srividhya Ragavan Jan 2009

Dying To Dine: A Story Of The Suicidal Indian Farmers, Srividhya Ragavan

Faculty Scholarship

The realities of the food crisis form the background to the discussion of India’s endeavor to tackle the issues relating to agriculture with special emphasis on the nation’s efforts to promote farmers’ rights under the Protection of Plant Varieties and Farmers’ Rights Act, 2004 (PPVFA). The story of the PPVFA is interesting because the legislation represents India’s fulfillment of its international obligations by introducing breeders’ rights while simultaneously recognizing farmers’ traditional rights. Thus, Part I of this article outlines the steps India took to promote farmers’ rights as part of enacting a legislation to protect breeders’ rights to fulfill its …

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Copyright And Its Rewards, Foreseen And Unforeseen, Justin Hughes Jan 2009

Copyright And Its Rewards, Foreseen And Unforeseen, Justin Hughes

Articles

Responding to Shyamkrishna Balganesh, Foreseeability and Copyright Incentives, 122 Harv. L. Rev. 1569 (2009)

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Patent Exhaustion And Implied Patent License In Connection With Free And Open Source Software, Anna Haapanen Jan 2009

Patent Exhaustion And Implied Patent License In Connection With Free And Open Source Software, Anna Haapanen

LL.M. Essays & Theses

This study examines the patent law doctrines of patent exhaustion and implied patent license, and their application to the commercial use of free and open source software (FOSS), an area not thoroughly examined despite the doctrines' otherwise well-established preconditions. The analysis first clarifies the preconditions, scope and key differences of the two doctrines, then applies them to the sale and licensing of FOSS components under the BSD, MIT and GPLv2 licenses. The study addresses the risk that technology companies distributing patented FOSS components may inadvertently dilute their own patent portfolios through exhaustion or implied licensing. It concludes that the patent-related …

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Police And National Security: American Local Law Enforcement And Counter-Terrorism After 9/11, Matthew C. Waxman Jan 2009

Police And National Security: American Local Law Enforcement And Counter-Terrorism After 9/11, Matthew C. Waxman

Faculty Scholarship

This article examines three national security law challenges resulting from greater involvement of state and local police agencies in protecting national security, especially in combating terrorism: organizational challenges, accountability challenges, and institutional tensions with traditional local police functions. Each threatens the balance of security and civil liberties.

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Ethics In Criminal Advocacy, Bruce A. Green, Ellen Yaroshefsky Jan 2009

Ethics In Criminal Advocacy, Bruce A. Green, Ellen Yaroshefsky

Hofstra Law Faculty Scholarship

No abstract provided.

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Prosecutorial Discretion And Post-Conviction Evidence Of Innocence, Bruce A. Green, Ellen Yaroshefsky Jan 2009

Prosecutorial Discretion And Post-Conviction Evidence Of Innocence, Bruce A. Green, Ellen Yaroshefsky

Hofstra Law Faculty Scholarship

Traditionally, discussions of prosecutorial discretion focus on charging and plea bargaining decisions. But on occasions when new evidence casts doubt on a convicted defendant’s guilt, questions of prosecutorial discretion take on comparatively greater importance. When there is an inadequate factual basis for criminal charges, a criminal trial will often (though not invariably) act as a corrective. In contrast, the legal process holds out little hope for wrongfully convicted defendants, especially in the absence of help from prosecutors. Commentators have written about psychological reasons why prosecutors might be unduly skeptical of post-conviction challenges, have identified institutional impediments to a fair response, …

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Who's Your Daddy? A Psychoanalytic Exegesis Of The Supreme Court's Recent Patent Jurisprudence, Gretchen S. Sween Jan 2009

Who's Your Daddy? A Psychoanalytic Exegesis Of The Supreme Court's Recent Patent Jurisprudence, Gretchen S. Sween

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

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Debate On In Re Bilski, Lauren Katzenellenbogen, Bob Irvine, David Donoghue Jan 2009

Debate On In Re Bilski, Lauren Katzenellenbogen, Bob Irvine, David Donoghue

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

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Discussion Of Employer Assignment Agreements After Ddb Technologies V. Mlb Advanced Media, Mike Baniak, Todd Dawson Jan 2009

Discussion Of Employer Assignment Agreements After Ddb Technologies V. Mlb Advanced Media, Mike Baniak, Todd Dawson

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

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Scary Patents, Stephen Mcjohn Jan 2009

Scary Patents, Stephen Mcjohn

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

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Violence Attribution Errors Among Low-Risk And High-Risk Offenders, Vicki Waytowich Jan 2009

Violence Attribution Errors Among Low-Risk And High-Risk Offenders, Vicki Waytowich

UNF Graduate Theses and Dissertations

Juvenile offenders have numerous factors that contribute to their delinquency, including family dysfunction, drug and alcohol abuse, negative peer influences, and social cognitive development. One area of social cognitive development linked to deviant behavior is attributional biases. Based on the prior research of Daley and Onwuegbuzie (2004), the purpose of the present concurrent mixed methods study was to explore the differences in the frequency of violence attribution errors among juvenile delinquents; the extent that peer-victimization, self-esteem, and demographic variables predict violence attribution errors among juveniles; and the differences in the types of violence attribution errors between incarcerated (high-risk) and probation …

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Effects Of An Educational Intervention On Hospital Acquired Urinary Tract Infection Rates, Sharon Lanier Smith Jan 2009

Effects Of An Educational Intervention On Hospital Acquired Urinary Tract Infection Rates, Sharon Lanier Smith

UNF Graduate Theses and Dissertations

In today's hospital environment, good care has become synonymous with positive patient outcomes. Marring this landscape is the alarming rate of hospital acquired (nosocomial) infections. Urinary tract infection (UTI) is one of the most common hospital acquired infections. The major cause associated with these infections is the use of indwelling urinary catheters. Bacteria invade the lower urinary tract by ascending through or around the catheter. Morbidity associated with urinary catheter-associated UTI can be minimized by prudent decisions concerning catheter usage and good catheter care. The principle route of dispersal of nosocomial infections is likely from patient-to-patient via transiently contaminated hands …

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Vegetation Response To Restoration Treatments In A Former Pine Plantation In North Florida, Ryan C. Meyer Jan 2009

Vegetation Response To Restoration Treatments In A Former Pine Plantation In North Florida, Ryan C. Meyer

UNF Graduate Theses and Dissertations

As the human population in Florida continues to expand, development follows, and tree farms give way to homes and businesses. As parks are established, restoration of these semi-natural plantations may provide critical habitat for species conservation. This study evaluates vegetation response to restoration treatments at two study sites, formerly tree farms, now preserves in NE Florida. Treatments included thinning, clearing, or control (no treatment) within 10m^2 plots. Thinning reduced tree canopy to 20% (2-3 pines/plot) and removed all other vegetation; clearing treatments removed all biomass to bare soil; no herbicides were used. Within these plots richness and abundance was assessed …

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Nobody Reads Your Privacy Policy Or Online Contract? Lessons Learned And Questions Raised By The Ftc's Action Against Sears, Susan E. Gindin Jan 2009

Nobody Reads Your Privacy Policy Or Online Contract? Lessons Learned And Questions Raised By The Ftc's Action Against Sears, Susan E. Gindin

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

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The Effect: Tougher Standards But Courts Return To The Prior Practice Of Granting Injunctions For Patent Infringement, Stacy Streur Jan 2009

The Effect: Tougher Standards But Courts Return To The Prior Practice Of Granting Injunctions For Patent Infringement, Stacy Streur

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

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Attitudes Of K-12 School Administrators Toward Speech-Language Programs In Public Schools, Carmen L. Jones Jan 2009

Attitudes Of K-12 School Administrators Toward Speech-Language Programs In Public Schools, Carmen L. Jones

UNF Graduate Theses and Dissertations

This study examined K-12 school administrators' attitudes toward speech language pathology services in public schools. Elementary, middle, and secondary school based administrators, employed in 63 school districts throughout Florida, were solicited to participate in the study in a letter of invitation generated by a web-based design program, Enterprise Feedback Management (EFM) Community. Administrators volunteering in the study were given an assurance of confidentiality and fair treatment concerning their participation. A survey instrument, the Scale of Educators 'Attitudes toward Speech Pathology (SEASP) consisting of 10 demographic items and 34 positive and negative statements about speech and language programs in schools was …

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Betting On Prohibition: The Federal Government's Approach To Internet Gambling, Kraig P. Grahmann Jan 2009

Betting On Prohibition: The Federal Government's Approach To Internet Gambling, Kraig P. Grahmann

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

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Reexamination And Improving Patent Quality, Roger Shang Jan 2009

Reexamination And Improving Patent Quality, Roger Shang

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

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Protection And Enforcement Of Well-Known Mark Rights In China: History, Theory And Future, Jing "Brad" Luo, Shubha Ghosh Jan 2009

Protection And Enforcement Of Well-Known Mark Rights In China: History, Theory And Future, Jing "Brad" Luo, Shubha Ghosh

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

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Youtube—The Next Generation Of Infringing On Creative Works: What Can Be Done To Protect The Screenwriters?, Ashlee M. Knuckey Jan 2009

Youtube—The Next Generation Of Infringing On Creative Works: What Can Be Done To Protect The Screenwriters?, Ashlee M. Knuckey

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

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The Observer And The Observed: Re-Imagining Privacy Dichotomies In Information Privacy Law, Marcy Peek Jan 2009

The Observer And The Observed: Re-Imagining Privacy Dichotomies In Information Privacy Law, Marcy Peek

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

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Egyptian Goddess V. Swisa: What Is The 'Point'?, A.C. Dike Jan 2009

Egyptian Goddess V. Swisa: What Is The 'Point'?, A.C. Dike

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

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A Discussion On The Patentability Of Signals: Examining In Re Nuijten, Damien Howard Jan 2009

A Discussion On The Patentability Of Signals: Examining In Re Nuijten, Damien Howard

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

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The Well-Pleaded Complaint Rule And Jurisdiction Over Patent Law Counterclaims: An Empirical Assessment Of Holmes Group And Proposals For Improvement, Jiwen Chen Jan 2009

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.

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Controlled Evaluation Of Bactec Peds Plus/F And Bactec Lytic/10 Anaerobic/F Media For Isolation Of Salmonella Enterica Serovars Typhi And Paratyphi A From Blood, Megan E. Reller, Anita K. M. Zaidi, Shazia Sultana, Shazia Azeem, Beenish Hanif, Shahida Qureshi, Rumina Hasan, Zulfiqar Ahmed Bhutta, Rehana Akhter, Donald A. Goldmann Jan 2009

Controlled Evaluation Of Bactec Peds Plus/F And Bactec Lytic/10 Anaerobic/F Media For Isolation Of Salmonella Enterica Serovars Typhi And Paratyphi A From Blood, Megan E. Reller, Anita K. M. Zaidi, Shazia Sultana, Shazia Azeem, Beenish Hanif, Shahida Qureshi, Rumina Hasan, Zulfiqar Ahmed Bhutta, Rehana Akhter, Donald A. Goldmann

Department of Paediatrics and Child Health

We compared anaerobic lytic (AL) and pediatric aerobic resin-containing (Peds Plus/F) blood culture media for the isolation of Salmonella enterica serotype Typhi or Paratyphi A from children. The yields from AL and Peds Plus/F media were the same with equal volumes of blood, but recovery was faster from AL medium than Peds Plus/F medium (10.7 and 16.4 h, respectively) (P < 0.001).

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Introduction, Montira Rato Jan 2009

Introduction, Montira Rato

Asian Review

No abstract provided.

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The Sao Hpa Administration Of Baan/Mong In Mong Tai Or The Shan States, Sao Noan Oo Jan 2009

The Sao Hpa Administration Of Baan/Mong In Mong Tai Or The Shan States, Sao Noan Oo

Asian Review

This paper traces the history of administration in the Shan States from ancient times to 1962. The Tais are descendents of an ancient race that existed thousands of years ago in China. During the early turbulent periods in China the Tais migrated into several parts of Southeast Asia, settling along the river valleys to cultivate wet rice for their livelihood. They also brought with them their sociopolitical organization of baan/mong with the Sao Hpas as their leader. In 1886 the Shan States were annexed by Britain but were autonomous. In 1922, they became the Federated Shan States, with established law, …

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Negotiating Cooperation: Shan Politics And Burma, 1946-1962, Samara Yatunghwe Jan 2009

Negotiating Cooperation: Shan Politics And Burma, 1946-1962, Samara Yatunghwe

Asian Review

This article examines what is required for ethnic unity in Burma/Myanmar by examining the early stages of independence in Burma through the lens of Shan political negotiation. This is to provide insight into what the Shan sought to achieve and why they insisted on constitutional reform in the early 1960s. Juxtaposing the attitudes of the ethnic leadership, prominent Burman politicians and military strongmen of that period can lead to concrete conclusions about how certain points of view encourage debate and cooperation, while other stifle it and result in fragmentation.

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Shan Printing And Publication In Thailand, Paphatsaun Thianpanya Jan 2009

Shan Printing And Publication In Thailand, Paphatsaun Thianpanya

Asian Review

This paper is a survey and preliminary analysis of Shan printing and publication in Thailand. The survey was conducted in Bangkok, Chiang Mai, and Chiang Rai where there are active Shan communities. The Shan publications found include eight magazines and several books classified as textbook, dictionary, religious literature, traditional knowledge, history, manual, and report. The problems of Shan printing and publication are: many writing systems; no standard character set; no standard vocabulary; lack of literary language skill; limited promotion and support for book printing; limited distribution; and limited educational content.

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