Digital Commons Network^™

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 …

Revising Harmless Error: Making Innocence Relevant To Direct Appeals, Helen A. Anderson

Articles

In most jurisdictions, convicted defendants have the right to an appeal at public expense, and to the assistance of counsel with that appeal. But the direct appeal is almost never concerned with actual innocence. On direct appeal, courts will look at claims of trial error, and evaluate those claims and their "harmlessness" based only on the trial record. Thus, the chances of a reversal on direct appeal bear no relation to the chances that the wrong person has been convicted.

While the current appeal system may encourage proper trial procedures, it does not provide a check against wrongful conviction. The …

The Evaluation Of Adaptive Memory In Both Words And Narratives Using Modern Situations, Adam M. Wilde

UNF Graduate Theses and Dissertations

Nairne, Thompson, and Pandeirada (2007) have focused on the evolutionary aspect of memory by showing that when participants rate words relative to their relationship to survival, their subsequent retention of those words is superior to other well-known encoding techniques. Survival processing was induced using a written scenario of being stranded in grasslands that participants read. Several other experiments have replicated their findings, and some incorporated the Deese–Roediger–McDermott (DRM) paradigm with survival-processing (Roediger, & McDermott, 1995). The use of DRM word lists has been shown to increase rates of false memories, and the same pattern held true with the original grassland …

Preserving Useful Info While Reducing Noise Of Physiological Signals By Using Wavelet Analysis, Jeffrey Lam

UNF Graduate Theses and Dissertations

Wavelet analysis is a powerful mathematical tool commonly used in signal processing applications, such as image analysis, image compression, image edge detection, and communications systems. Unlike traditional Fourier analysis, wavelet analysis allows for multiple resolutions in the time and frequency domains; it can preserve time information while decomposing a signal spectrum over a range of frequencies. Wavelet analysis is also more suitable for detecting numerous transitory characteristics, such as drift, trends, abrupt changes, and beginnings and ends of events. These characteristics are often the most important and critical part of some non-stationary signals, such as physiological signals. The thesis focuses …

An Examination Of Oral Fed Post-Trauma Patients For Calorie And Protein Consumption As A Percentage Of Estimated Needs, And How It Impacts Length Of Hospital Stay And Wound Healing, Jamie Marchio

UNF Graduate Theses and Dissertations

Due to rising costs of healthcare, clinicians are responsible for decreasing costs by providing care that moves the patient from injury, to recovery, to discharge within a matter of just a few days. The Registered Dietitian is responsible for the nutrition assessment and nutrition diagnosis, nutrition prescription and plan, and for monitoring the patient to achieve nutritional repletion within this short time frame. Concerns for patients who require nursing staff and caregivers for feeding are evident, especially when increased demands are being placed on the nursing staff. This study aims to determine whether or not “feeder patients” are at a …

E-Discovery Practice, Theory, And Precedent: Finding The Right Pond, Lure, And Lines Without Going On A Fishing Expedition, Rachel K. Alexander

South Dakota Law Review

No abstract provided.

Time Does Not Heal All Wounds: An Analysis Of The Defendant Disarming Decision In Murray V. Mansheim, Raleigh E. Hansman

South Dakota Law Review

No abstract provided.

University And Law School Personnel, South Dakota Law Review

South Dakota Law Review

No abstract provided.

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.

Appellate Practice In The South Dakota Supreme Court, Ronald A. Parsons Jr.

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.

Table Of Contents, South Dakota Law Review

South Dakota Law Review

No abstract provided.

Themes And Persuasion, Jonathan K. Van Patten

South Dakota Law Review

No abstract provided.

Advancing The Best Interests Of The Child: Why South Dakota Should Strengthen Its Rebuttable Presumption Against Awarding Custody To Abusive Parents, Rebecca S. Lamprecht

South Dakota Law Review

No abstract provided.

Title Page, South Dakota Law Review

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.

Table Of Contents, South Dakota Law Review

South Dakota Law Review

No abstract provided.

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

South Dakota Law Review

No abstract provided.

Examining The Portland Music Scene Through Neo-Localism, Tyler James Brain

Dissertations and Theses

This study explores the Portland music scene as a context in which local identity is constructed and communicated in a globalized world. Specifically, neo-localism is utilized as a theoretical lens through which the impacts of globalization were explored. Portland bands (n=8) were interviewed concerning their experiences in the local music scene. The results showed that participants conceptualized local identity as being 1) based in community, 2) culturally saturated and 3) connected to musical production. Further, results showed that participants were increasingly aware of this local identity, were aware of a global perception of this local identity and were aware of …

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.

Using Implementation Intentions Prompts To Enhance Influenza Vaccination Rates, Katherine L. Milkman, John Beshears, James J. Choi, David Laibson, Brigitte C. Madrian

Faculty Publications

We evaluate the results of a field experiment designed to measure the effect of prompts to form implementation intentions on realized behavioral outcomes. The outcome of interest is influenza vaccination receipt at free on-site clinics offered by a large firm to its employees. All employees eligible for study participation received reminder mailings that listed the times and locations of the relevant vaccination clinics. Mailings to employees randomly assigned to the treatment conditions additionally included a prompt to write down either (1) the date the employee planned to be vaccinated or (2) the date and time the employee planned to be …

Web 2.0: A Definition, Literature Review, And Directions For Future Research, David W. Wilson, Xiaolin Lin, Phil Longstreet, Saonee Sarker

Faculty Publications

The Web 2.0 paradigm has gained substantial momentum in the last decade. The influence of Web 2.0 principles and technologies has fueled an explosion of information and media content on the Web, and individual and corporate adoption of the technologies continues to rise. As the popularity and usefulness of these technologies continue to unfold, there has yet been no concise definition of the term Web 2.0, nor a clear understanding of its scope. We synthesize and analyze the extant academic and practitioner-oriented literature on the topic to 1) provide a clear, concise definition of the term Web 2.0, 2) categorize …

Conceptual-Model Programming: A Manifesto, David W. Embley, Stephen W. Liddle, Óscar Pastor

Faculty Publications

In order to promote conceptual-model programming (CMP), we present these CMP articles. We hold these articles to be the defining principles for model-complete software development.

Essentially, this CMP manifesto asserts that programming activities are to be carried out via conceptual modeling. For applications amenable to conceptual-model designs, software developers should never need to write a line of traditional code. Thus, programming is actually conceptual-model programming.

To accommodate CMP, conceptual-modeling languages must be executable. They must also be capable of completely deploying both databases and user interfaces and conceptually expressing database access and user interaction. To enable CMP, a conceptual-model compiler …

Prévention Des Risques Dans L’Aide Et Les Soins À Domicile : Expérience Croisée De Bonnes Pratiques Organisationnelles Au Québec Et En Région Wallonie-Bruxelles, Esther Cloutier, Agnès Van Daele

Guides

No abstract provided.