Digital Commons Network^™

Fame Law: Requiring Proof Of National Fame In Trademark Law, Xuan-Thao Nguyen

Articles

The public has always been infatuated with fame. Trademark law likewise has a long history of infatuation with fame. Protecting the fame embodied in a trademark against dilutive use by others has not been easy. The difficulty stems from the wording of the statute and judicial failure to understand the “fame” requirement. The fundamental question centers on what level of fame is required for the property-like protection against subsequent uses that dilute the famous trademark. This Article argues for national fame to be the requisite requirement for property-like anti-dilution protection under trademark law. The Article recommends that the proof of …

The Lavender Letter: Applying The Law Of Adultery To Same-Sex Couples And Same-Sex Conduct, Peter Nicolas

Articles

In this Article, I explore the division in the courts over the question of whether same-sex sexual conduct constitutes adultery in four contexts: (1) criminal adultery prosecutions, (2) fault-based divorce actions, (3) civil tort actions for interference with the marital relationship, and (4) murder cases raising a provocation defense based on a spouse's act of adultery.

In so doing, I arrive at the following conclusions. First, as illustrated in Part I, there is a significant overlap between states that recognize same-sex marriage and states where adulterous conduct is legally relevant, making this more than an interesting theoretical exercise. Second, Part …

Tax Lawyers, Tax Defiance, And The Ethics Of Casual Conversation,, Michael Hatfield

Articles

This essay is to help tax lawyers decide how to handle casual conversations centered on denying, defying, or destroying the tax system. One option is to walk away, ending the conversation and silencing the dialogue. The next option is to engage. I want to persuade tax lawyers that they should usually engage in the conversation. I try to do this in Part III.

There are two kinds of legal ethics essays, and one must choose which kind to write, and it is useful to the reader to know upfront which kind the author chose to write. One kind begins with …

The Boundaries Of Privacy Harm, M. Ryan Calo

Articles

Just as a burn is an injury caused by heat, so is privacy harm a unique injury with specific boundaries and characteristics. This Essay describes privacy harm as falling into two related categories. The subjective category of privacy harm is the perception of unwanted observation. This category describes unwelcome mental states—anxiety, embarrassment, fear—that stem from the belief that one is being watched or monitored. Examples of subjective privacy harms include everything from a landlord eavesdropping on his tenants to generalized government surveillance.

The objective category of privacy harm is the unanticipated or coerced use of information concerning a person against …

Post-Racial Proxies: Resurgent State And Local Anti-"Alien" Laws And Unity-Rebuilding Frames For Antidiscrimination Values, Mary D. Fan

Articles

Though unauthorized migration into the United States has diminished substantially since 2007, anti-“illegal alien” state and local laws and furor are flaring again. While one of the biggest worries regarding such “anti-alien” laws is the risk of racialized harm, courts invalidating overreaching statutes are relying on structural or procedural grounds, such as preemption and due process doctrines. [PARA] This Article examines how these political and legal trends point to how proxies are used in a post-racial era to dance around race, in constructive, national unity-rebuilding as well as divisive, inflammatory ways. Anti-alien legislation is a proxy way to vent resurgent …

The Aftermath Of Stanford V. Roche: Which Law Of Assignments Governs?, Sean M. O'Connor

Articles

The discovery and commercialization of biotechnology innovations often rely on collaborations between universities and for-profit firms. In the United States, the federal government funds much of university life sciences research and, under the Bayh-Dole Act, has some rights to research arising from that funding.

Two important strands of invention ownership issues in this web of collaboration arose under litigation that culminated in the recent United States Supreme Court decision Board of Trustees of Leland Stanford Junior University v. Roche Molecular Systems, Inc. (“Stanford v. Roche” or “Stanford”). The first is the question of whether Bayh-Dole …

Stranger Than Fiction: An "Inside" Look At Environmental Liability And Defense Strategy In The Deepwater Horizon Aftermath, William H. Rodgers, Jr., Jason Derosa, Sarah Reyneveld

Articles

The Deepwater Horizon oil spill of April 20, 2010 initiated an environmental disaster that presented attorneys on both sides of the legal action with monumental challenges. Using the satirical format of a memo written by the corporate defense counsel to BP America four days after the spill began, this article investigates BP’s potential liability and strategic defense positions available in criminal and civil proceedings. Major federal environmental laws, including the Oil Pollution Act, the Clean Water Act and major wildlife protection statutes, are implicated by the Spill. The memo provides a clear picture of the existing opportunities for a responsible …

The Environmental Laws Of The 1970s: They Looked Good On Paper, William H. Rodgers, Jr.

Articles

This article looks at the "top ten" environmental laws enacted in the 1970s, including the Clean Air Act, the Endangered Species Act, the National Environmental Policy Act, and the Resource Conservation and Recovery Act. It asks: What were the pin-up qualities that made these laws look good on paper? What were the features sponsors bragged about or critics deplored? How were they understood and described at the time of legislative birth? What was thought to be new, different, and better?

We know some of these things about all of these laws. I’ll exercise editorial judgment and declare four common features …

Defenseless Children: Achieving Competent Representation For Children In Abuse And Neglect Proceedings Through Statutory Reform In South Dakota, Kasey L. Wassenaar

South Dakota Law Review

No abstract provided.

Reading Between The Lines: The South Dakota Supreme Court's Interpretation Of S.D.C.L. Section 20-9-4.1 In Gronseth V. Chester Rural Fire Protection District & Chester Fire Department, Holly R. Farris

South Dakota Law Review

No abstract provided.

Themes And Persuasion, Jonathan K. Van Patten

South Dakota Law Review

No abstract provided.

An Assessment Of New Appeals And External Review Process - Erisa Claimants Get Some Kind Of A Hearing, Roy F. Harmon

South Dakota Law Review

No abstract provided.

Exorcising Discretion: The Death Of Caprice In Erisa Claims Handling, John Morrison, Jonathan Mcdonald

South Dakota Law Review

No abstract provided.

Ask And You Shall Receive: Erisa's Remedies For Non-Disclosure, Amy Thompson

South Dakota Law Review

No abstract provided.

Hardt V. Reliance Standard Life Insurance Co.: Breathing New Life Into Claimants' Ability To Obtain Attorney's Fees Under Erisa's Civil Enforcement Provision, Tiffany R. Timmerman

South Dakota Law Review

No abstract provided.

Equitable Estoppel As A Remedy Under Erisa, Robert E. Hoskins

South Dakota Law Review

No abstract provided.

An Approach To Theory-Based Youth Programming, Mat D. Duerden, Ann Gillard

Faculty Publications

A key but often overlooked aspect of intentional, out-of-school-time programming is the integration of a guiding theoretical framework. The incorporation of theory in programming can provide practitioners valuable insights into essential processes and principles of successful programs. While numerous theories exist that relate to youth development practice, they often remain inaccessible to practitioners. Therefore, the goal of this article is to synthesize two theoretical perspectives, the social development model and self-determination theory, into a practitioner-friendly programming framework. The resulting social development programming model outlines specific components, processes, and outcomes of effective and intentional youth development programs.

Assessing The Need For The Development Of Standardized Life Skills Measures, Mat D. Duerden, Peter A. Witt

Faculty Publications

Youth practitioners often select life skills as intentionally targeted program outcomes. While research findings suggest the efficacy of program experiences to positively influence a variety of life skills, it remains difficult to compare these findings due to measurement incongruities. Individual life skills (e.g., leadership, decision making, etc.) often lack standardized conceptualizations and measurement approaches. The purpose of the study reported here was to gather data about practitioners' perceptions of those life skill domains most in need of measurement development. Based on the results of the study, 10 life skill sub-domains are recommended for future measurement development efforts.

Developing A Master Data Sharing Agreement: Seeking Student-Level Evidence To Support A Collaborative Community Effort In Education, Neil E. Carlson, Edwin Hernández, Chaná Edmond-Verley, Gustavo Rotondaro

University Faculty Publications and Creative Works

The authors, who represent a family foundation, a college, a university, and a public school system, describe the process of developing an agreement that allows student-level data to be shared for research and evaluation purposes. Keys to reaching the agreement included clear distinctions among roles and access to data, strict adherence to consent and confidentiality agreements, and a shared commitment to using data to improve student outcomes.

Understanding The Processes That Regulate Positive Emotional Experience: Unsolved Problems And Future Directions For Theory And Research On Savoring, Fred B. Bryant, Erica D. Chadwick, Katharina Kluwe

Psychology: Faculty Publications and Other Works

In this paper, we focus on unanswered questions and future directions in positive psychology, with a special emphasis on savoring processes that regulate positive emotions. To advance our understanding of the savoring processes underlying positive experience, we highlight three unresolved issues that must be addressed: (1) discriminating the distinctive neuropsychological profiles associated with different savoring processes; (2) developing viable methods of measuring and analyzing the mediational mechanisms involved in real-time savoring; and (3) clarifying the developmental processes through which people acquire different strategies to savor positive experiences across the life span. We propose several potentially fruitful lines of attack aimed …

The Moderating Effects Of Organized Activities On The Relations Between Body Mass And Social Adjustment In Adolescents, Christopher T. Stanley, Amy M. Bohnert

Psychology: Faculty Publications and Other Works

Overweight and obese children and adolescents often experience social adjusment difficulties, including higher rates of peer victimization and loneliness. Our primary goal was to examine the moderating influences of various aspects of organized activity involvement (i.e., intensity, duration, amount of physical activity, perceived importance, liking, and quality of adult- and peer relationships) on body mass index (BMI) and social adjustment relations. Results suggested that activity involvement moderated BMI-adjustment relations in certain instances. Specifically, fewer hours and less physical activity was associated with less loneliness among heavier adolescents. This study affirms the need for further research to address the impact that …

Milk Composition And Yield Changes With Advancing Pregnancy In Dairy Buffaloes (Bubalus Bubalis), Sarzamin Khan, Muhammad Subhan Qureshi, Ifthiar Ahmed, Syed Mirajullah Shah

Turkish Journal of Veterinary & Animal Sciences

The changes in the composition of milk with advancing pregnancy were investigated in Nili-Ravi dairy buffaloes. Forty lactating buffaloes were used, within 2-3 months postpartum. The animals were grouped as high, moderate, and low yielders; synchronized for estrus; and inseminated artificially. Milk yield was recorded daily and sampled fortnightly for analysis. The data were analyzed using the univariate weighted mean and general linear model. Decline in milk yield became significant after the 8th week post-conception. The high yielders had the lowest fat contents. Milk fat increased significantly during succeeding weeks post-conception. The highest fat level (8.5%) was observed in week …

In Vitro Maturation And Fertilization Of Buffalo Oocytes: The Effect Of Recovery And Maturation Methods, Abid Mehmood, Muhammad Anwar, Sayed Murtaza Hassan Andrabi, Muhammad Afzal, Syed Muhammad Saqlan Naqvi

Turkish Journal of Veterinary & Animal Sciences

Conditions for in vitro maturation (IVM) of primary oocytes without conventionally used fetal calf serum and hormones were optimized in order to reduce the cost of laboratory produced buffalo embryos. Comparisons were made between oocyte recovery methods (aspiration vs. slicing) and IVM in medium 199 (static culture method vs. flux culture method) supplemented with 4-5 × 106 granulosa cells mL-1 that contained either estrus buffalo serum (EBS) or fetal calf serum (FCS). Recovery methods were compared according to yield, i.e. cumulus oocyte complexes per ovary (COCs/ovary), the expansion rate (% of COCs that expanded), and nuclear maturation rate (% of …

Preliminary Bacterial Study On Subclinical Mastitis And Teat Condition In Dairy Herds Around Shiraz, Masoud Haghkhah, Mohammad Rahim Ahmadi, Hamid Reza Gheisari, Ali Kadivar

Turkish Journal of Veterinary & Animal Sciences

Mastitis is a widely occurring and costly disease in the dairy industry. The aim of this study was to isolate bacterial causes of subclinical mastitis and investigate the relationship between subclinical mastitis and teat condition in dairy herds located around Shiraz, Fars province, Iran. From 7 commercial dairy herds around Shiraz 354 lactating cows were selected randomly. Subclinical mastitis was evaluated by the California Mastitis Test (CMT), electrical conductivity (EC), and somatic cell count (SCC). Teat condition was evaluated by measuring teat width and length. In the 68 samples of bacterial cultures identified, 14 different bacterial species were found. Staphylococcus …

Computational Comparison Of Β-Mannosidases Of Animals, Humans, Microbes, And Plants, Zahoor Qadir Samra, Muhammad Amin Athar

Turkish Journal of Veterinary & Animal Sciences

The \beta-mannosidase (MANB) enzyme is involved in removing mannose residue from the nonreducing end, and its impaired activity leads to \beta-mannosidosis. MANB amino acid sequences of humans, other mammals, plants, fungi, and bacteria were compared to determine their similarities, differences, and predicted 3D structures. Our cloned MANB DNA sequence showed a 99% similarity to a previously reported human MANB DNA sequence but 16 nucleotide differences were observed, showing the polymorphic nature of the enzyme. The 9 changed codons coded the different amino acids Ile, Lys, Ile, Thr, Arg, Leu, Leu, Gly, and Asp, while 7 changed codons coded the same …

Repeat Breeder Syndrome In Dairy Cows: Influence Of Breed And Age On Its Prevalence And The Success Of A Hormone Therapy*, Robert Zobel, Suzana Tkalcic, Vlatka Buic, Ivana Pipal, Darko Geres, Marko Samardzija

Turkish Journal of Veterinary & Animal Sciences

The aim of this study was to establish the prevalence of repeat breeder syndrome (RBS) in different breeds and reproductive ages of cattle in central Croatia and to assess the effectiveness of hormone therapy as a treatment option. A total of 1088 dairy cows were observed, 218 heifers and 870 multiparous cows. After the third unsuccessful artificial insemination (n = 164) and a thorough clinical and gynecological examination, the cows were tested for sexually transmitted diseases. An RBS diagnosis was based on failure to conceive, negative laboratory tests for sexually transmitted diseases, and the absence of other reproductive disorders. The …

The Effect Of Sex And Feed Supplementation With Organic Selenium And Vitamin E On The Growth Rate And Zoometrical Body Measurements Of Oat-Fattened White Kołuda® Geese*, Ewa Lukaszewicz, Artur Kowalczyk, Anna Jerysz

Turkish Journal of Veterinary & Animal Sciences

This experiment was carried out on 200 White Koluda geese, 1 day old, randomly divided into 2 groups with 50 males and 50 females in each group. From the first day until week 13, birds from the control groups were fed basic feeds; in the experimental groups, feed was supplemented with 0.3 mg/kg of selenium and 100 mg/kg of vitamin E. Later on, all birds were fed for 1 week with 160 g of oat grain and 250 g of ground cereals per day, then with oat grain ad libitum. The body weight of each bird was measured individually on …

Serological Study Of Leptospirosis Among Dairy Cattle In Bosnia And Herzegovina, Maid Rifatbegovic, Zinka Maksimovic

Turkish Journal of Veterinary & Animal Sciences

A total of 75,206 blood serum samples from dairy cattle and quarantined heifers was collected between 2001 and 2007 and analyzed for bovine leptospirosis by the microscopic agglutination test (MAT). Serovar Hardjo was used for testing of all sera, with the addition of 2 or 3 randomly chosen other serovars (Grippotyphosa, Icterohaemorrhagiae, Pomona, Bataviae, Canicola, and/or Saxcoebing). From the total number of sera tested, 1197 (1.59%) were serologically positive, with a decreasing tendency over the years of research. The most prevalent serovar was Pomona (1.32%), followed by Hardjo (0.52%) and Grippotyphosa (0.37%). The differences among the studied regions in terms …

Molecular And Serological Evidence For Anaplasma Infection In Yaks, Miling Ma, Zhijie Liu, Guiquan Guan, Youquan Li, Jianxun Luo, Hong Yin

Turkish Journal of Veterinary & Animal Sciences

Bovine anaplasmosis caused by Anaplasma marginale is considered to be an important disease in China; large-scale investigations have not been carried out since the 1990s, however, and whether or not yaks can be infected by A. marginale has never been investigated. In this study, 2 yaks were successfully infected by the inoculation of blood infected with A. marginale under experimental conditions. Furthermore, an investigation of 482 field serum samples from yaks using an enzyme-linked immunosorbent assay (ELISA) with the recombinant major surface protein 5 (MSP5) showed that 84.4% of the results were positive. In consideration of previously determined ecological and …

Congenital Cardiac Defect In A Pygmy Goat (Capra Hircus), Fulvio Laus, Ilenia Copponi, Matteo Cerquetella, Alessandro Fruganti

Turkish Journal of Veterinary & Animal Sciences

Congenital cardiac defects are anatomic conditions present at birth. Few references to such conditions in goats are available in the current scientific literature. This report describes, for the first time, a congenital cardiac disease clinically characterized by polypnea from birth and exercise intolerance in a 2-month-old pygmy goat. An atrioventricular dysplasia known as Ebstein's anomaly, an atrial septal defect, and a mild subaortic stenosis were ultrasonographically diagnosed.