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2010

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Confusing Bundling With Tying Under Article 82 Ec: Batteries Included Or It Only Comes With Fries, Robert M. Schwartz Jan 2010

Confusing Bundling With Tying Under Article 82 Ec: Batteries Included Or It Only Comes With Fries, Robert M. Schwartz

UC Law Business Journal

"Bundling" and "tying" are terms commonly used to describe business practices engaged in by undertakings at every level of economic power. In nine separate instances the Court of First Instance in its Microsoft Decision held that the Commission had established Microsoft Corporation's practice of "abusive bundling"(the first time a Community Court had used the term). The CFI also upheld the Commission's findings by indiscriminately referring to them as either "tying" or "bundling" and justifying the result because it "can be deduced both from the very concept of bundling and from the case-law...". Shortly after the Commission issued its Guidance on …

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Beckett's "Happy Days": Rewinding And Revolving Histories, Katherine Weiss Jan 2010

Beckett's "Happy Days": Rewinding And Revolving Histories, Katherine Weiss

ETSU Faculty Works

Excerpt: Beckett is keenly interested in ways individuals unsuccesfully atempt to disown their past. His explorations into this reflect his awareness of being a survivor of the Second World War.

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Joseph W. Dellapenna And Joyeeta Gupta, Eds., The Evolution Of The Law And Politics Of Water, Meghana Shah Jan 2010

Joseph W. Dellapenna And Joyeeta Gupta, Eds., The Evolution Of The Law And Politics Of Water, Meghana Shah

Water Law Review

No abstract provided.

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Prosper Team V. Workforce Appeals Board : Brief Of Respondent, Utah Court Of Appeals Jan 2010

Prosper Team V. Workforce Appeals Board : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF RESPONDENT

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Hostile Takeover Bids In Japan? Understanding Convergence Using The Layered Approach, Michael Cody Jan 2010

Hostile Takeover Bids In Japan? Understanding Convergence Using The Layered Approach, Michael Cody

Richmond Journal of Global Law & Business

No abstract provided.

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Realizing Ledbetter's Dream With Diy Sensitivity, Jessi Leigh Swensen Jan 2010

Realizing Ledbetter's Dream With Diy Sensitivity, Jessi Leigh Swensen

UC Law SF Journal on Gender and Justice

While passage of the Lilly Ledbetter Fair Pay Act is a triumph for American women, it highlights that pay disparity between men and women is a persistent problem. According to U.S. Bureau of Labor Statistics reports, women currently earn eighty-one percent of the average weekly wages for men. The restoration of this cause of action could prove an important deterrent to employers, but the relief and remedy is ex post facto rather than prophylactic. This note recounts Lilly Ledbetter's personal journey through the workplace, courts, legislature, and White House. It goes on to expand on systemic factors that perpetuate wage …

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Not So Hip - The Expanded Burdens On And Consequences To Law Firms As Business Associates Under Hitech Modifications To Hipaa, Megan Bradshaw, Benjamin K. Hoover Jan 2010

Not So Hip - The Expanded Burdens On And Consequences To Law Firms As Business Associates Under Hitech Modifications To Hipaa, Megan Bradshaw, Benjamin K. Hoover

Richmond Journal of Law and the Public Interest

The Health Insurance Portability and Accountability Act of 1996 ("HIPAA ") governs the management of protected health information by covered entities (e.g., health care providers) and their business associates. However, the Health Information Technology for Economic and Clinical Health Act ("HITECH"), contained within the American Recovery and Reinvestment Act of 2009 ("ARRA"), drastically alters the scope of HIPAA regulations with regard to business associates, including law firms that routinely handle the protected health information ("PHI") governed by HIPAA. Under the HITECH Act, the definition of "business associate" is expanded, and these entities are treated as "covered" for purposes of the …

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What Scribner Wrought: How The Invention Of Modern Dialysis Shaped Health Law And Policy, Sallie Thieme Sanford Jan 2010

What Scribner Wrought: How The Invention Of Modern Dialysis Shaped Health Law And Policy, Sallie Thieme Sanford

Richmond Journal of Law and the Public Interest

In March 1960, Clyde Shields, a machinist dying from incurable kidney disease, was connected to an "artificial kidney" by means of a Ushaped Teflon tube that came to be known as the Scribner shunt. By facilitating long-term dialysis, Dr. Belding Scriber's invention changed chronic kidney failure from a fatal illness to a treatable condition. A half-century after this milestone, there are now more than 1.6 million people throughout the world on maintenance dialysis. This medical advancement has, in turn, had a profound impact on key areas of health law and policy. This paper focuses on the historical roots and current …

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Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb Jan 2010

Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb

Richmond Journal of Law and the Public Interest

Proponents of MHCs assert that alternative court systems will provide efficient jail diversion programs and reduce the number of individuals with mental illness in the criminal justice system by directing them to appropriate community treatment facilities. At the same time, MHCs must serve as only one branch of a larger, cohesive community effort to deter individuals with mental illness from incarceration, if not from conviction. Both advocates and adversaries of MHCs remain wary of the potential misuse of mental health courts, which may subject people with mental illness to greater criminalization or lead to greater fragmentation of the mental health …

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There Is Always A Better Way: Proposed Legislative Improvements For The Federal Procurement System, Jim Moye Jan 2010

There Is Always A Better Way: Proposed Legislative Improvements For The Federal Procurement System, Jim Moye

Richmond Journal of Law and the Public Interest

This Article examines whether legislative and policy changes in the federal procurement system will result in major financial and integrity changes. Note that while government procurement activities undertaken by individual states are a substantive part of the Nation's economy, this Article is restricted to federal procurement law and policy. Part I discusses Title 41 of the United States Code, which provides the statutory authority for all federal procurement activities. Part I also briefly covers the supporting regulations known as the Federal Acquisition Rules ("FAR"). Part II examines the roles, membership and obligations of the Office of Federal Procurement Policy, the …

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Mistrial In 140 Characters Or Less? How The Internet And Social Networking Are Undermining The American Jury System And What Can Be Done To Fix It, Timothy J. Fallon Jan 2010

Mistrial In 140 Characters Or Less? How The Internet And Social Networking Are Undermining The American Jury System And What Can Be Done To Fix It, Timothy J. Fallon

Hofstra Law Review

No abstract provided.

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Kilgore Pavement Maintenance, Llc, A Utah Limited Liability Company V. City Of West Jordan : Brief Of Appellee, Utah Court Of Appeals Jan 2010

Kilgore Pavement Maintenance, Llc, A Utah Limited Liability Company V. City Of West Jordan : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third District Court, Salt Lake County, Judge Sandra Peuler

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Stone Flood And Fire Restoration, Inc., James K. Stone And Patrice Stone V. Safeco Insurance Company Of America : Brief Of Appellant, Utah Court Of Appeals Jan 2010

Stone Flood And Fire Restoration, Inc., James K. Stone And Patrice Stone V. Safeco Insurance Company Of America : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT CASE NO. 070907640 - JUDGE ANTHONY QUINN DECISION DATED FEBRUARY 5, 2010

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Carolina Bless V. Luis Aguilera : Brief Of Appellee, Utah Court Of Appeals Jan 2010

Carolina Bless V. Luis Aguilera : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

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Utah V. Jamie Lynn Greenwood : Brief Of Appellant, Utah Court Of Appeals Jan 2010

Utah V. Jamie Lynn Greenwood : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellant Appeal from an interlocutory order granting defendant's motion to waive jury trial, entered in the Third Judicial District Court of Utah, Salt Lake County, the Honorable Robert Adkins presiding.

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5th Lone Star Regional Native Plant Conference, Jeff Adkins, David Creech, Greg Grant, Josephine Taylor Jan 2010

5th Lone Star Regional Native Plant Conference, Jeff Adkins, David Creech, Greg Grant, Josephine Taylor

Lone Star Regional Native Plant Conference

No abstract provided.

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Grassy Meadows Sky Ranch Landowners Association V. Grassy Meadows Airport; Sky Ranch Development; And Michael O. Longley : Reply Brief, Utah Court Of Appeals Jan 2010

Grassy Meadows Sky Ranch Landowners Association V. Grassy Meadows Airport; Sky Ranch Development; And Michael O. Longley : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a Final Judgment of the Fifth Judicial District Court in and for Washington County, The Honorable G. Rand Beacham Presiding

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Jeffrey S Record, Emilie A. Tanner V. Workforce Appeals Board : Brief Of Respondent, Utah Court Of Appeals Jan 2010

Jeffrey S Record, Emilie A. Tanner V. Workforce Appeals Board : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Petition for Review of Decisions of the Workforce Appeals Board of the Department of Workforce Services, State of Utah

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Columbia Hca And Zurich American Insurance V. Stewart Seely And Utah Labor Commission : Brief Of Appellee, Utah Court Of Appeals Jan 2010

Columbia Hca And Zurich American Insurance V. Stewart Seely And Utah Labor Commission : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLEE STEWART SEELY'S BRIEF.

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Columbia Hca And Zurich American Insurance V. Stewart Seely And Utah Labor Commission : Reply Brief, Utah Court Of Appeals Jan 2010

Columbia Hca And Zurich American Insurance V. Stewart Seely And Utah Labor Commission : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANTS.

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Exit Strategy: An Exploration Of Late-Stage Police Crime, Philip M. Stinson, John Liederbach, Tina L. Freiburger Jan 2010

Exit Strategy: An Exploration Of Late-Stage Police Crime, Philip M. Stinson, John Liederbach, Tina L. Freiburger

Criminal Justice Faculty Publications

There are no exhaustive statistics available on the crimes committed by law enforcement officers, and only a small number of studies provide specific data on police crimes. The purpose of the current study is to examine the character of police arrests known to the media. Cases were identified through a content analysis of news coverage using the internet-based GoogleTM News search engine and its Google News Alerts search tool. The study focuses on the crimes committed by experienced officers who are approaching retirement. The occurrence of these late-stage crimes presents a challenge to existing assumptions regarding the relationship between …

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Balancing Fear: Why Counter-Terror Legislation Was Blocked After The Oklahoma City And London Bombings, Gabriel Rubin Jan 2010

Balancing Fear: Why Counter-Terror Legislation Was Blocked After The Oklahoma City And London Bombings, Gabriel Rubin

Department of Justice Studies Faculty Scholarship and Creative Works

This article scrutinizes the legislative reactions to the Oklahoma City Bombing and the 2005 London Bombings to try to decipher why counter-terror legislation was substantially blocked after these attacks. It finds that the partisan composition of the government and executive approval ratings are critical to the passage of counter-terror laws. In light of the recent slew of counter-terror legislation passed worldwide, cases, where counter-terror legislation has been blocked, have become critically important. To this end, this article asks, “Why does counter-terror legislation get blocked when it does?” To answer the question, three variables are tested: partisan composition of the government, …

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Old Principles, New Technology, And The Future Of Notice In Newspapers, Lauren A. Rieders Jan 2010

Old Principles, New Technology, And The Future Of Notice In Newspapers, Lauren A. Rieders

Hofstra Law Review

No abstract provided.

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Music Mashups: Testing The Limits Of Copyright Law As Remix Culture Takes Society By Storm, Emily Harper Jan 2010

Music Mashups: Testing The Limits Of Copyright Law As Remix Culture Takes Society By Storm, Emily Harper

Hofstra Law Review

No abstract provided.

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Free-Standing And Reactive Thin Films Fabricated By Covalent Layer-By-Layer Assembly And Subsequent Lift-Off Of Azlactone-Containing Polymer Multilayers, Maren E. Buck, David M. Lynn Jan 2010

Free-Standing And Reactive Thin Films Fabricated By Covalent Layer-By-Layer Assembly And Subsequent Lift-Off Of Azlactone-Containing Polymer Multilayers, Maren E. Buck, David M. Lynn

Chemistry: Faculty Publications

We report an approach to the fabrication of free-standing and amine-reactive thin films that is based on the reactive layer-by-layer assembly and subsequent lift-off of azlactone-containing polymer multilayers. We demonstrate that covalently cross-linked multilayers fabricated using the azlactone-functionalized polymer poly(2-vinyl-4,4-dimethylazlactone) (PVDMA) and a primary amine-containing polymer [poly(ethyleneimine) (PEI)] can be delaminated from planar glass and silicon surfaces by immersion in mildly acidic aqueous environments to yield flexible freestanding membranes. These free-standing membranes are robust and can withstand exposure to strong acid, strong base, or incubation in high ionic strength solutions that typically lead to the disruption and erosion of polymer …

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Pregnancy Intentions Among Women Who Do Not Try: Focusing On Women Who Are Okay Either Way, Julia Mcquillan, Arthur L. Greil, Karina M. Shreffler Jan 2010

Pregnancy Intentions Among Women Who Do Not Try: Focusing On Women Who Are Okay Either Way, Julia Mcquillan, Arthur L. Greil, Karina M. Shreffler

Department of Sociology: Faculty Publications

Objectives: Are women who are intentional about pregnancy (trying to or trying not to get pregnant) systematically different from women who are “okay either way” about getting pregnant?
Methods. We use a currently sexually active subsample (n = 3,771) of the National Survey of Fertility Barriers, a random digit dialing telephone survey of reproductive-aged women (ages 25–45) in the United States. We compare women who are trying to, trying not to, or okay either way about getting pregnant on attitudes, social pressures, life course and status characteristics using bivariate analyses (chi-square tests for categorical and ANOVA tests for continuous variables). …

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The New Homelessness Revisited, Barrett A. Lee, Kimberly A. Tyler, James D. Wright Jan 2010

The New Homelessness Revisited, Barrett A. Lee, Kimberly A. Tyler, James D. Wright

Department of Sociology: Faculty Publications

The new homelessness has drawn sustained attention from scholars over the past three decades. Definitional inconsistencies and data limitations rendered early work during this period largely speculative in nature. Thanks to conceptual, theoretical, and methodological progress, however, the research literature now provides a fuller understanding of homelessness. Contributions by sociologists and other social scientists since the mid-1990s differentiate among types of homelessness, provide credible demographic estimates, and show how being homeless affects a person’s life chances and coping strategies. Agreement also exists about the main macro- and micro-level causes of homelessness. Active lines of inquiry examine public, media, and governmental …

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Foot-And-Mouth Disease In Feral Swine: Susceptibility And Transmission, F. Mohamed, S. Swafford, H. Petrowski, A. Bracht, B. S. Schmit, A. Fabian, J. M. Pacheco, E. Hartwig, M. Berninger, C. Carrillo, G. Mayr, K. Moran, D. Kavanaugh, H. Leibrecht, W. White, S. Metwally Jan 2010

Foot-And-Mouth Disease In Feral Swine: Susceptibility And Transmission, F. Mohamed, S. Swafford, H. Petrowski, A. Bracht, B. S. Schmit, A. Fabian, J. M. Pacheco, E. Hartwig, M. Berninger, C. Carrillo, G. Mayr, K. Moran, D. Kavanaugh, H. Leibrecht, W. White, S. Metwally

United States Department of Agriculture Wildlife Services: Staff Publications

Experimental studies of foot-and-mouth disease (FMD) in feral swine are limited, and data for clinical manifestations and disease transmissibility are lacking. In this report, feral and domestic swine were experimentally infected with FMDV (A24-Cruzeiro), and susceptibility and virus transmission were studied. Feral swine were proved to be highly susceptible to A-24 Cruzeiro FMD virus by intradermal inoculation and by contact with infected domestic and feral swine. Typical clinical signs in feral swine included transient fever, lameness and vesicular lesions in the coronary bands, heel bulbs, tip of the tongue and snout. Domestic swine exhibited clinical signs of the disease within …

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Generativity: The New Frontier For Information And Communication Technology Literacy, Jorge Pérez, Meg C. Murray Jan 2010

Generativity: The New Frontier For Information And Communication Technology Literacy, Jorge Pérez, Meg C. Murray

Faculty Articles

Information and communication technology literacy is increasingly referred to as the fourth literacy. However, it is neither as well understood nor as readily assessed as reading, writing, and arithmetic. This paper argues that better understanding and more effective measurement of ICT literacy are needed to gauge readiness to both pursue higher education and enter the workforce. The paper builds on existing definitions of ICT literacy by introducing a model that extends the dimensionality of the construct. The model posits that skills and knowledge, along with attitudes toward IT, coalesce in the context of reflective self-awareness and purposeful intent to allow …

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The Other Side Of The Cafa Effect: An Empirical Analysis Of Class Action Activity In The Oklahoma State Courts, Steven S. Gensler Jan 2010

The Other Side Of The Cafa Effect: An Empirical Analysis Of Class Action Activity In The Oklahoma State Courts, Steven S. Gensler

Faculty Articles

No abstract provided.

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