Digital Commons Network^™

There's A Will, But No Way--Whatever Happened To The Doctrine Of Testamentary Freedom And What Can (Should) We Do To Restore It?, Irene D. Johnson

Elisabeth Haub School of Law Faculty Publications

It is the purpose of this article to examine the current problems surrounding the issue of freedom of testation, to enumerate and evaluate various suggestions that have been proposed for the elimination of these problems, and to propose this writer's suggestion for the restoration of freedom of testation to those who wish to propound non-traditional estate plans. Part I examines, in some detail, the ways in which courts and juries have stymied the exercise of freedom of testation. Part II is devoted to the different suggestions that commentators have put forth for the protection of the non-traditional estate plan. Part …

Increasing Capacity For Innovation Through An Inquiry Approach To Instruction, Nicholas Jacob Schmitz

All Graduate Theses, Dissertations, and Other Capstone Projects

The requirements of a 21st century society are described particularly as they relate to the needs of individuals. Developmental theories are compared and reviewed in light of educational practice and goals. Assumptions regarding mankind's needs for inquiry are reflected in the processes of the human mind. The pathways are described through which cognitive processes are developed in students. This summary paints a portrait of humans as natural innovators deriving much of their meaning in life from solutions to challenges. The literature, by comparing the innovative needs of society with natural inquisitiveness in individuals, makes a compelling case necessitating reform in …

Book Reviews, Judy Halden-Sullivan, Julie J. Nichols, Mary Pettice

The Journal of the Assembly for Expanded Perspectives on Learning

Book Reviews

Judy Halden-Sullivan - Evolution and Criticism

Julie J. Nichols - Boyd, Brian. On the Origin of Stories: Evolution, Cognition, and Fiction. Cambridge: Belknap Press of the Harvard University Press, 2009.

Julie J. Nichols - Zunshine, Lisa. Why We Read Fiction: Theory of Mind and the Novel. Columbus: Ohio State University Press, 2006

Mary Pettice - Dutton, Denis. The Art Instinct: Beauty, Pleasure, and Human Evolution. 2nd edition. New York: Bloomsbury Press, 2010. Print.

Writing And Time, Time And The Essay, Douglas Hesse

The Journal of the Assembly for Expanded Perspectives on Learning

Writing requires time, thought, and most of all, discovery—despite a high-tech world that can’t be bothered with it.

Voluntarily Stopping Eating And Drinking: A Legal Treatment Option At The End Of Life, Thaddeus Mason Pope

Faculty Scholarship

Despite the growing sophistication of palliative medicine, many individuals continue to suffer at the end of life. It is well settled that patients, suffering or not, have the right to refuse life-sustaining medical treatment (such as dialysis or a ventilator) through contemporaneous instructions, through an advance directive, or through a substitute decision maker. But many ill patients, including a large and growing population with advanced dementia who are not dependent upon life-sustaining medical treatment, do not have this option. They have the same rights, but there is simply no life-sustaining medical treatment to refuse.

Nevertheless, these patients have another right, …

Synthetic Hype: A Skeptical View Of The Promise Of Synthetic Biology, Jonathan Kahn

Faculty Scholarship

This article urges a cautious approach to assessing the promises of synthetic biology based on broad political and economic concerns rather than technical ones. Specifically, I mark three related dynamics which place the current buzz around synthetic biology in a broader context. These dynamics are not necessarily distinctive to synthetic biology, but perhaps for that very reason, they may carry added weight. First, is the place of synthetic biology as the latest entry in the procession of what I call the “receding horizons of biotechnological promise.” Second, is the excitement generated by the related promise of finding seemingly direct technological …

A Parallel Graph Sampling Algorithm For Analyzing Gene Correlation Networks, Kathryn Dempsey Cooper, Kanimathi Duraisamy, Hesham Ali, Sanjukta Bhowmick

Interdisciplinary Informatics Faculty Publications

Effcient analysis of complex networks is often a challenging task due to its large size and the noise inherent in the system. One popular method of overcoming this problem is through graph sampling, that is extracting a representative subgraph from the larger network. The accuracy of the sample is validated by comparing the combinatorial properties of the subgraph and the original network. However, there has been little study in comparing networks based on the applications that they represent. Furthermore, sampling methods are generally applied agnostically, without mapping to the requirements of the underlying analysis. In this paper,we introduce a parallel …

Undergraduate And Graduate Course Descriptions, 2011 Winter, Wright State University

Course Descriptions

Wright State University undergraduate and graduate course descriptions from Winter 2011.

Ethical Issues In Global Health Education, David Barnard, T. Thuy Bui, Jack Chase, Evaleen Jones, Scott Loeliger, Anvar Velji, Mary T. White

Population and Public Health Sciences Faculty Publications

No abstract provided.

Portland State Magazine, Portland State University. Office Of University Communications

Portland State Magazine

PSU’s alumni magazine, published 2-3 times a year. In this issue: As new electric vehicles come to market, Portland State is helping pave the way; a generous new GI Bill is persuading some veterans to get their college degree; Lincoln Hall gets a new look; Oregon’s public universities are asking the state for more control over their finances and future; and more.

Racial Differences In The Association Between Socioeconomic Position And Mortality: Does Occupation Matter?, Hyeyoung Woo, Caroline Smith

Sociology Faculty Publications and Presentations

The purpose of this study is to examine the association of SEP on mortality rate differentials between non-Hispanic white and non-Hispanic black adults, in a nationally representative sample, with an emphasis on occupational factors. National Health Interview Survey (NHIS) data from 1986 through1994 was matched with death certificate data from the National Death Index (NDI), from 1986 through 2002. Occupations (using Census occupation codes) were then matched to occupational level data in the Bureau of Labor Statistics (BLS) Occupational Information Network (O*NET) database to obtain occupation level psychosocial and physical risk factors. Survival analysis is used in our study to …

Intellectual Property And Indigenous Cultural Heritage: Ongoing Research And Issues Of Reform, Catherine Bell

York Centre for Public Policy & Law

No abstract provided.

Patent Office As Biosecurity Gatekeeper: Fostering Responsible Science And Building Public Trust In Diy Science, 10 J. Marshall Rev. Intell. Prop. L. 423 (2011), Brian J. Gorman

UIC Review of Intellectual Property Law

When the fields of intellectual property law and biotechnology intersect, most analysis is driven byeconomic and ethical issues. This article examines these factors, but in relation to the emerging security threat posed by biohackers, or do-it-yourself (“DIY”) scientists, who operate free from oversight and industry norms at the fringes of the biotechnology community. Public health risks are poised to grow as these citizen-scientists race for lucrative discoveries in the new frontier of syntheticbiology. This article proposes that the existing paradigm adjust accordingly to leverage regulatory compliance from the most ambitious biohackers looking to benefit from patent protection. The U.S. government …

The Application Of Data Access Policies Designed For Genome-Wide Association Studies To Smaller Scale Databases, 10 J. Marshall Rev. Intell. Prop. L. 476 (2011), Donna M. Gitter

UIC Review of Intellectual Property Law

Scientific progress thrives with open discussion of new ideas and supporting data. To this end, researchers traditionally publish their results in scientific papers—papers that contain the new ideas and the underlying data supporting those ideas. With the advent of large-scale and high-throughput data analysis, however, the creation of scientific databases have replaced the traditional model. For such publically-funded, data-intensive projects, funding agencies typically require that all relevant data be made available on a publicly accessible website at the time of the paper’s publication. Against the backdrop of the public accessibility model used in the 1000 Genomes Project, the author recommends …

Interpreting Myriad: Acquiring Patent Law's Meaning Through Contemporary Jurisprudence And Humanistic Viewpoint Of Common Heritage Of Dna, 10 J. Marshall Rev. Intell. Prop. L. 508 (2011), Saby Ghoshray

UIC Review of Intellectual Property Law

Until Judge Sweet’s decision in Association for Molecular Pathology v. U.S. Patent & Trademark Office (Myriad), gene patentability in the United States has evaded prohibition for more than three decades since Diamond v. Chakrabarty. The Myriad decision has captured the imagination of the legal community—but not in isolation. This article examines Myriad through the lens of two contemporary European decisions related to gene patenting, Eli Lilly & Co. v Human Genome Sciences, Inc and Monsanto Technology LLC v. Cefetra BV, suggesting that Myriad is a narrative that evolves at the intersection of law’s aspiration, humanity’s common heritage, and corporate realities …

Biotech Patent Infringement In Europe: The "Functionality" Gatekeeper, 10 J. Marshall Rev. Intell. Prop. L. 540 (2011), Vid Mohan-Ram, Richard Peet, Philippe Vlaemminck

UIC Review of Intellectual Property Law

The Court of Justice of the European Union recently concluded in Monsanto Technology LLC v. Cefetra BV that a patent with claims drawn to isolated DNA, or transgenic products containing that sequence, cannot be infringed if the DNA is not functional at the time of the alleged infringement.This paper discusses how the Cefetra judgment may unintentionally inflict serious economic harm on the European biotechnology industry because countless biotechnology products may no longer be protected by what are otherwise valid and enforceable patent claims. After Cefetra, an accused infringer may deny infringement by simply asserting that the patented sequence does not …

Structuring Expert Input For A Knowledge-Based Approach To Watershed Condition Assessment For The Northwest Forest Plan, Usa, Sean N. Gordon, Kirsten Gallo

Institute for Sustainable Solutions Publications and Presentations

Assessments of watershed condition for aquatic and riparian species often have to rely on expert opinion because of the complexity of establishing statistical relationships among the many factors involved. Such expert-based assessments can be difficult to document and apply consistently over time and space. We describe and reflect on the process of developing a computer-based decision support application from expert judgments for assessing aquatic and riparian conditions over the 100,000 km2 managed by the US federal government under the Northwest Forest Plan. The decision support system helped structure and document the assessment process and provided consistency and transparency to the …

An Educational Workshop: Introducing An Evidence-Based Psychotherapy Strategy "Tool Kit" For The Treatment Of Chronic Depression, Kimberleigh Christine Cox

Doctor of Nursing Practice (DNP) Projects

No Abstract Available

Micah John Reller V. Karine Anesia Schlagel Toledo Reller V. Francis J. Argenziano : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, WEST JORDAN DEPARTMENT, SALT LAKE COUNTY, UTAH JUDGE TERRY CHRISTIANSEN.

Micah John Reller V. Karine Anesia Scholagei Reller V. Francis J. Argenziano : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, WEST JORDAN DEPARTMENT, SALT LAKE COUNTY, UTAH JUDGE TERRY CHRISTIANSEN.

Renee Spall-Goldsmith V. Willard Leroy Goldsmith Iv: Unknown, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Judgement and Findings of Fact and Conclusions of Law on Bifurcated Decree of Divorce entered June 20, 2009 by the Honorable Robert Adkins

Beyond Trust Species: The Conservation Potential Of The National Wildlife Refuge System In The Wake Of Climate Change, Robert L. Fischman, Robert S. Adamcik

Natural Resources Journal

No abstract provided.

Sustainability And The Urban Forest: An Ecosystem Services Perspective, Keith H. Hirokawa

Natural Resources Journal

No abstract provided.

Nafta, The Mining Law Of 1781, And Environmental Protection, Allan Ingelson, Lincoln Mitchell

Natural Resources Journal

No abstract provided.

The Wilderness Act, Prohibited Uses, And Exceptions: How Much Manipulation Of Wilderness Is Too Much, Gordon Steinhoff

Natural Resources Journal

No abstract provided.

Gravesend, William Boyle

Electronic Theses and Dissertations

Gravesend, a novel, is set predominantly in the Gravesend section of Brooklyn, though there are several scenes that take place in a fictional upstate town called Hawk's Nest. The novel centers around three characters: Conway D'Innocenzio, Alessandra Biagini, and Eugene Calabrese. These characters are tied together by Ray Boy Calabrese, who has recently been released from prison for his role in the brutal death of Duncan D'Innocenzio, Conway's brother, sixteen years before. Ray Boy returns and Conway, twenty-nine and working at Rite Aid, seeks revenge. Alessandra, a failed actress who has been in Los Angeles for a decade and has …

Written In Black And White: A Content Analysis Of Newspaper Coverage Of The Desegregation Of Three Flagship Public Southern Universities, Michael Alexander Patronik

Electronic Theses and Dissertations

The purpose of this study is to correlate agenda-setting effects of the press to newspaper coverage of public university desegregations in the southern United States in the early 1960s. Front-page news and editorial page content from the Atlanta Constitution, the Athens Banner-Herald and the Red & Black newspapers were analyzed for the 1961 desegregation of the University of Georgia. The Clarion-Ledger , the Oxford Eagle and The Mississippian newspapers were analyzed for the 1962 desegregation of the University of Mississippi. The Birmingham News, the Tuscaloosa News and the Crimson White newspapers were analyzed for the 1963 desegregation of the University …

Three Lies And A Truth: Adjudicating Maternity In Surrogacy Disputes, Browne C. Lewis

Law Faculty Articles and Essays

Historically, courts were called on to answer the following question: What makes a man a legal father? Courts applied different presumptions to arrive at the answer. For example, if the case involved a married couple, the woman's husband was presumed to be the legal father.1 In situations involving an unmarried woman, the man who helped to conceive the child was the legal father. While paternity was being litigated, maternity was resolved-the woman who gave birth to the child was the child's legal mother. The phrase “momma's baby, papa's maybe” reflected society's attitude towards maternity. Since the woman who gave birth …

The Statutory Pet Trust: Recommendations For A New Uniform Law Based On The Past Twenty-One Years, Shidon Aflatooni

Animal Law Review

Nearly three-fourths of American households include pets. Often, these pets are considered to be members of the family and are cared for as such. When a pet owner dies, however, questions often arise as to who will be responsible for continuing to care for the animals. Previously, probate and trust laws did not allow pet owners to provide for the care of their pets after death. In 1990, the National Conference of Commissioners on Uniform State Laws (NCCUSL) enacted the first pet trust statute in the Uniform Probate Code. Since then, the NCCUSL passed the Uniform Trust Code, which included …

A Shot In The Arm: What A Modern Approach To Jacobson V. Massachusetts Means For Mandatory Vaccinations During A Public Health Emergency , Ben Horowitz

American University Law Review

No abstract provided.