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Enforcement Of Eu Competition Rules In Estonia: Substantive Convergence And Procedural Divergence, Alexandr Svetlicinii

Yearbook of Antitrust and Regulatory Studies

A decade of decentralized enforcement of EU competition rules under the procedural framework of Regulation 1/2003 has produced a diverse enforcement record that varies among Member States. While the numbers of notified investigations and infringement decisions based on Articles 101 & 102 TFEU are impressive, some EU jurisdictions have demonstrated an only negligible participation in the direct enforcement of EU competition rules. After joining the EU in 2004, Estonia has harmonized its competition legislation with EU standards and pursued active criminal enforcement of antitrust rules. At the same time, EU competition rules are absent from the enforcement practice of the …

A Summary Of Three Antibiotic Resistant Bacteria Studies Of Plaster Creek, Yeaeun Lee, David P. Warners

Faculty and Professional Research

No abstract provided.

Intrasexual Competition And Other Theories Of Eating Restriction, Norman P. Li, April R. Smith, Jose C. Yong, Tiffany A. Brown

Research Collection School of Social Sciences

Various forms of disordered eating and unhealthy eating practices, including excessive dieting, vomiting, binging and purging, and diet-motivated drug use, negatively affect and are potentially fatal to millions of individuals. We describe the etiology of disordered eating as well as various hypotheses on this phenomenon, both from traditional, non-evolutionary perspectives and from evolutionary perspectives. In particular, we explore in detail the intrasexual competition hypothesis, which draws on a broad evolutionary theory: intrasexual selection. From this perspective, women are thought to have evolved to compete intrasexually on thinness, which would have indicated youth and nubility in the ancestral past (Abed, 1998). …

Library Instruction Case Wiki, Andy Spackman

Faculty Publications

We hope you find the guides and case studies collected here helpful, and we invite you to contribute by discussing your experiences on the discussion page for each case study, and by submitting case studies you have developed and used in your own instructional efforts.

Cases for Advanced Business Students

• Building a Company List - Trucking in Texas
• Company and Market Research - Big Sweety and the Chocolate Manufacturing Industry
• Determining Market Size - Infant Formula
• Entrepreneurial Marketing - The Comic Book Guy
• Global Trade and Economics - Manufacturing Medical Instruments
• International Business - Launching the Wii
• International Marketing - …

An Evaluation Of The U.S. Policy Of "Targeted Killing" Under International Law: The Case Of Anwar Al-Aulaqi (Part Ii), Jake William Rylatt

California Western International Law Journal

No abstract provided.

Stepping Up The Mérida Initiative: Community Policing As A Foundation For Building Resilient Communities And Reforming The Rule Of Law In Mexico, Rosa Acevedo

California Western International Law Journal

No abstract provided.

Saving The Federal Circuit, Paul Gugliuzza

Faculty Scholarship

In a recent, attention-grabbing speech, the Chief Judge of the Seventh Circuit, Diane Wood, argued that Congress should abolish the Federal Circuit’s exclusive jurisdiction over patent cases. Exclusive jurisdiction, she said, provides too much legal uniformity, which harms the patent system. In this response to Judge Wood’s thoughtful speech, I seek to highlight two important premises underlying her argument, neither of which is indisputably true.

The first premise is that the Federal Circuit actually provides legal uniformity. Judge Wood suggests that, due to the Federal Circuit’s exclusive jurisdiction, patent doctrine is insufficiently “percolated,” meaning that it lacks mechanisms through which …

The Direct Costs From Npe Disputes, Michael J. Meurer, James Bessen

Faculty Scholarship

In the past, “non-practicing entities” (NPEs), popularly known as “patent trolls,” have helped small inventors profit from their inventions. Is this true today or, given the unprecedented levels of NPE litigation, do NPEs reduce innovation incentives? Using a survey of defendants and a database of litigation, this paper estimates the direct costs to defendants arising from NPE patent assertions. We estimate that firms accrued $29 billion of direct costs in 2011. Although large firms accrued over half of direct costs, most of the defendants were small or medium-sized firms. Moreover, an examination of publicly listed NPEs indicates that little of …

Flowback: Federal Regulation Of Wastewater From Hydraulic Fracturing, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

Natural gas produced through hydraulic fracturing remains a critical, and controversial, component of U.S. energy production. A key environmental issue associated with fracking is the management and disposal of the enormous quantities of wastewater generated in the process.

Substantial federal authority exists to regulate fracking wastewater under the Resource Conservation and Recovery Act and the Clean Water Act. Regulation under RCRA, however, depends on classification of the wastewater as a RCRA “hazardous waste.” Although EPA has generally exempted oil and gas wastes, including fracking wastewater, from classification as a RCRA hazardous waste, it appears that fracking wastewater would not generally …

Choosing To Be Involved, Alan W. Burkard

College of Education Faculty Research and Publications

No abstract provided.

Resilience To Discrimination Stress Across Ethnic Identity Stages Of Development, Andrea J. Romero, Lisa M. Edwards, Stephanie A. Fryberg, Michele Orduña

College of Education Faculty Research and Publications

Ethnic identity development may increase resilience to discrimination and prejudice, which are often common and stressful for ethnic minority adolescents. Based on ethnic identity development theory and resilience theory, we hypothesize that under high discrimination stress, ethnic affirmation and ethnic identity stage will have protective moderating effects on self-esteem and depressive symptoms. A cross-sectional self-report study with 125 ethnic minority adolescents (13–18 years) found that ethnic affirmation (p < .05) had protective effects on depressive symptoms (p < .05) and protective-enhancing effects on self-esteem at high levels of discrimination stress. Achieved ethnic identity stage (p < .05) had protective-stabilizing effects on self-esteem at high discrimination stress. Our findings demonstrate that the protective elements of ethnic identity are feeling positive about one's ethnic group, having learned about one's history, and having resolved conflicts about one's ethnic group.

A Fork In The Stream: The Unjustified Failure Of The Concurrence In J. Mcintyre Machinery Ltd. V. Nicastro To Clarify The Stream Of Commerce Doctrine, Cody Jacobs

Faculty Scholarship

A foreign manufacturer sells a product to an American distributor in State A, who then resells the product to an American consumer in State B. The consumer is injured by the product and attempts to sue the foreign manufacturer in State B. Can State B exercise personal jurisdiction over the manufacturer? This deceptively simple and seemingly common question, and related questions involving the socalled "stream of commerce," has fractured the United States Supreme Court for over twenty years, leaving consumers, manufacturers, and distributors unsure of their rights and potential liabilities. This Article focuses on a recent missed opportunity the Court …

A Model Litigation Finance Contract, Maya Steinitz, Abigail C. Field

Faculty Scholarship

Litigation financing is nonrecourse funding of litigation by a non-party for a profit. It is a burgeoning and controversial phenomenon that has penetrated the Unites States in recent years. Since "most of the important phenomena of modern litigation are best understood as results of changes in the financing and capitalization of the bar," it is not surprising that litigation financing has been dubbed by RAND as one of the "biggest and most influential trends in civil justice" and by the Chamber of Commerce "a clear and present danger to the impartial and efficient administration of civil justice in the United …

Patents At Issue: The Data Behind The Patent Troll Debate, Jonathan H. Ashtor, Michael J. Mazzeo, Samantha Zyontz

Faculty Scholarship

The debate over "patent trolls"' is raging at full tilt and its fury is stoked by fundamental questions about patent assertion. Both sides are struggling to understand which patent assertion practices are consistent with the purpose of patent rights and which are abusive and result in net social costs. This Article addresses patent assertion concretely through empirical analysis of actual infringement awards. In particular, this Article studies all awards granted for findings of patent infringement in U.S. district courts between 1995 and 2011, and, with targeted analyses, focuses on cases involving patent assertion entities ("PAEs"). This Article specifically investigates certain …

When Bank Examiners Get It Wrong: Financial Institution Appeals Of Material Supervisory Determinations, Julie Andersen Hill

Articles

Banks and credit unions sometimes complain that the examination process regulators use to police banking practices is oppressive. These financial institutions complain that regulators reach unduly negative examination conclusions known as "material supervisory determinations." Institutions are wary because negative determinations can subject an institution to further regulatory scrutiny or enforcement actions. To guard against erroneous determinations, Congress, in 1994, enacted a statute requiring federal financial institution regulators to provide an appeals process. Each of the four regulators (the Office of the Comptroller of the Currency, the Federal Reserve, the Federal Deposit Insurance Corporation, and the National Credit Union Administration) adopted …

Banks, Marijuana, And Federalism Symposium: Marijuana, Federal Power, And The States, Julie Andersen Hill

Articles

Although marijuana is illegal under federal law, twenty-three states have legalized some marijuana use. The state-legal marijuana industry is flourishing, but marijuana-related businesses report diffi- culty accessing banking services. Because financial institutions will not allow marijuana-related businesses to open accounts, the mari- juana industry largely operates on a cash-only basis-a situation that attracts thieves and tax cheats. This Article explores the root of the marijuana banking problem as well as possible solutions. It explains that although the United States' dual banking system comprises both federal- and state- chartered institutions, when it comes to marijuana banking, federal regulation is pervasive and …

Monitoring, Reporting, And Fact-Finding: Does The Human Rights Council Report On Human Rights In North Korea Provide A Template For The Sri Lankan Investigation?, Chris Jenks

Faculty Journal Articles and Book Chapters

2014 has already heralded two significant developments related to monitoring, reporting, and fact-finding (MRF) mechanisms for collecting information on alleged international law violations. First, the Human Rights Council (HRC) published their “Report of the detailed findings of the commission of inquiry on human rights in the Democratic People’s Republic of Korea” in February. This report may provide a roadmap for the second important development, the HRC’s decision in March to investigate alleged international law violations during the final phase of the armed conflict in Sri Lanka. More broadly, both these efforts offer lessons for any group or body participating in …

Endogenous Ros Levels In C. Elegans Under Exogenous Stress Support Revision Of Oxidative Stress Theory Of Life-History Tradeoffs, Samson W. Smith, Leigh C. Latta Iv, Dee R. Denver, Suzanne Estes

Biology Faculty Publications and Presentations

Background: The oxidative stress theory of life-history tradeoffs states that oxidative stress caused by damaging free radicals directly underpins tradeoffs between reproduction and longevity by altering the allocation of energetic resources between these tasks. We test this theory by characterizing the effects of exogenous oxidative insult and its interaction with thermal stress and diet quality on a suite of life-history traits and correlations in Caenorhabditis elegans nematodes. We also quantify demographic aging rates and endogenous reactive oxygen species (ROS) levels in live animals.

Results: Our findings indicate a tradeoff between investment in reproduction and antioxidant defense (somatic maintenance) consistent with …

The Semiotics Of Film In Us Supreme Court Cases, Jessica Silbey, Meghan Hayes Slack

Faculty Scholarship

This chapter explores the treatment of film as a cultural object among varied legal subject matter in US Supreme Court jurisprudence. Film is significant as an object or industry well beyond its incarnation as popular media. Its role in law – even the highest level of US appellate law – is similarly varied and goes well beyond the subject of a copyright case (as a moving picture) or as an evidentiary proffer (as a video of a criminal confession). This chapter traces the discussion of film in US Supreme Court cases in order to map the wide-ranging and diverse ­relations …

Core Professional Nursing Values As Experienced By Baccalaureate Nursing Students Who Are Men, Bonnie Schmidt

Student Theses, Dissertations and Capstones

Experts have called for greater diversity in the nursing workforce; however, men remain underrepresented in the nursing profession. The presence of cultural dissonance among male nursing students has been documented in prior research but little is known about their values that are culturally influenced. The purpose of this study was to understand and interpret the meaning of core professional nursing values to male baccalaureate nursing students. The research question was: what is the meaning of core professional nursing values to nursing students who are men.

The study setting was an undergraduate baccalaureate school of nursing in the Midwest. Using a …

Ndsu Magazine : Summer 2014

NDSU Magazine

No abstract provided.

Ndsu Magazine : Winter 2014

NDSU Magazine

No abstract provided.

Introduction: Still Learning From New York Times V. Sullivan, Paul Horwitz

Articles

No abstract provided.

The Ftc And The New Common Law Of Privacy, Daniel J. Solove, Woodrow Hartzog

Faculty Scholarship

One of the great ironies about information privacy law is that the primary regulation of privacy in the United States has barely been studied in a scholarly way. Since the late 1990s, the Federal Trade Commission (FTC) has been enforcing companies’ privacy policies through its authority to police unfair and deceptive trade practices. Despite over fifteen years of FTC enforcement, there is no meaningful body of judicial decisions to show for it. The cases have nearly all resulted in settlement agreements. Nevertheless, companies look to these agreements to guide their privacy practices. Thus, in practice, FTC privacy jurisprudence has become …

Reviving Implied Confidentiality, Woodrow Hartzog

Faculty Scholarship

The law of online relationships has a significant flaw-it regularly fails to account for the possibility of an implied confidence. The established doctrine of implied confidentiality is, without explanation, almost entirely absent from online jurisprudence in environments where it has traditionally been applied offline, such as with sensitive data sets and intimate social interactions.

Courts' abandonment of implied confidentiality in online environments should have been foreseen. The concept has not been developed enough to be consistently applied in environments such as the Internet that lack obvious physical or contextual cues of confidence. This absence is significant because implied confidentiality could …

The Value Of Modest Privacy Protections In A Hyper Social World, Woodrow Hartzog

Faculty Scholarship

Two of the greatest modem challenges to protecting personal information are determining how to protect information that is already known by many and how to create an adequate remedy for privacy harms that are opaque, remote, or cumulative. Both of these challenges are front and center for those who seek to protect socially shared information. Social media and wearable communication technologies like Google Glass present vexing questions about whether information that is known by many can ever be "private," what the privacy harm might be from this information's misuse, and how to remedy such harms in balance with competing values …

Rethinking Online Privacy In Canada: Commentary On Voltage Pictures V. John And Jane Doe, Ngozi Okidegbe

Faculty Scholarship

This article problematizes the use of the bona fide case standard as the legal standard for a court to order a third party Internet Service Provider ("ISP") to disclose subscriber information to a copyright owner in online piracy cases. It argues that ISP account holders have a reasonable expectation of privacy in their subscriber information. It contends that the current bona fide case standard affords a relatively low threshold of protection for Internet users’ subscriber information. The reason for which the article takes this position is that the bona fide case standard can be met solely by IP address evidence, …

What Communities Want: Recognizing The Needs Of Hate Crime Targets, Barbara Perry

Journal of Hate Studies

The theme of the Third International Conference on Hate Studies, “The Pursuit of Justice: Understanding Hatred, Confronting Intolerance, Eliminating Inequality,” took me immediately to the subject matter of this article: Who is meant to be served by the subthemes of this conference, if not the targets or potential targets of hate crime? An equally important set of questions would ask: What justice looks like from the perspectives of those individuals and groups? What do hate crime victims want, and what do they need? And, what do vulnerable communities want and need?

From Thrill To Defensive Hate Crimes: The Impact Of September 11, 2001, Jack Levin

Journal of Hate Studies

For a period of time following the original usage of the term “hate crimes” in the late 1980s, there existed a gap in the literature of criminology and social science generally regarding important factors underlying the motivation of hate crime offenders. Researchers recognized that certain criminal behavior had its basis in hostility toward people who were different in socially significant ways from the perpetrator. Yet little was systematically articulated to connect various hate crimes with relevant sociological and social psychological explanatory variables. As a result, those practitioners who deal with hate crimes on a daily basis—for example, prosecu- tors and …

Baptizing Nazism: An Analysis Of The Religious Roots Of American Neo-Nazism, Alon Milwicki

Journal of Hate Studies

The years following the Second World War saw American religious leaders making fervent attempts to bridge the denominational gap and encourage peaceful cooperation among America’s three leading faiths: Protestantism, Catholicism, and Judaism. While the religious revival movement was largely successful, it was not as complete as historians have previously suggested. Scholars of the postwar religious awakening have neglected the darker, conflictual, and even violent strains of religious revival which developed alongside the optimistic, cooperative, and harmonious efforts that have taken center stage. Simply put, the development and propagation of Christian Identity, as propelled by Dr. Wesley Albert Swift, provided a …