Digital Commons Network^™

Novartis Ag V. Union Of India: "Evergreening," Trips, And "Enhanced Efficacy" Under Section 3(D), Dorothy Du

Journal of Intellectual Property Law

No abstract provided.

Table Of Contents, Vol. 21:2, Journal Of Intellectual Property Law

Journal of Intellectual Property Law

No abstract provided.

Explicitly Explicit: The Rogers Test And The Ninth Circuit, Daniel Jacob Wright

Journal of Intellectual Property Law

No abstract provided.

The Rise And Fall Of Patent Reexamination Under The America Invents Act: The Burdens And Unconstitutional Aspects Of Congress' Latest Attempt At Patent Reform, Ron Andrew Sassano

Journal of Intellectual Property Law

No abstract provided.

Fighting Piracy With Censorship: The Operation In Our Sites Domain Seizures V. Free Speech, Michael Joseph Harrell

Journal of Intellectual Property Law

No abstract provided.

Diametrically Opposing Viewpoints: Why Polar Opposites Should Not Attract The Parody Label Under The Fair Use Exception To Copyright Infringement, Robyn M. Flegal

Journal of Intellectual Property Law

No abstract provided.

The 'Four Cs' Of Joint Inventorship: A Practical Framework For Determining Joint Inventorship, Bradley M. Krul

Journal of Intellectual Property Law

No abstract provided.

Unraveling The Uspto's Tangled Web: An Empirical Analysis Of The Complex World Of Post-Issuance Patent Proceedings, Mark Consilvio, Jonathan R.K. Stroud

Journal of Intellectual Property Law

No abstract provided.

Why Copyright Law Lacks Taste And Scents, Leon Calleja

Journal of Intellectual Property Law

No abstract provided.

Table Of Contents, Vol. 21:1, Journal Of Intellectual Property Law

Journal of Intellectual Property Law

No abstract provided.

Dedication (Of Issue 17:3 To Dean Ralph Beaird), Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Table Of Contents 17:3, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Unfair Trade Practices In Imports - Section 337 Of The Tariff Act Of 1930 And The Meaning Of "Domestic Industry", Kathy Bond

Georgia Journal of International & Comparative Law

No abstract provided.

Why It Is Not Unreasonable For The Police To Refuse To Provide A Copy Of The Search Warrant At The Outset Of The Search, M. Jackson Jones M.S.

ConLawNOW

This article presents numerous reasons why it would not be unreasonable for the police to refuse to provide an occupant of the premises a copy of the search warrant at the outset of the search when an occupant of the premises is present and poses no threat to the officers’ safe and effective performance of their mission. First, neither the plain text of the Fourth Amendment nor the plain text of Federal Rule 41 requires it. Second, there are numerous constitutional and statutory protections that ensure the executing official does not wrongfully execute the warrant.

In essence, requiring the police …

The Potential Tension Between A "Free Marketplace Of Ideas" And The Fundamental Purpose Of Free Speech, M. Neil Browne, Justin Rex, David L. Herrera

ConLawNOW

The authors argue that the marketplace of ideas is not competitive in the economic sense. Yet the Court often rules as if it is. What are the implications?

By assuming often that the idea market is competitive, Justices are committing the reification fallacy. They are treating an abstract belief or hypothetical construct as if it represented a concrete event or physical entity. In this instance, the Justices assume that existing markets are structured the same way idealized competitive markets are. In doing so, they treat the marketplace of ideas as inherently good, when in fact one must first determine what …

A Short Comment On Current Detainee Policy: One Step Forward And Two Steps Back, Kyndra Miller Rotunda

ConLawNOW

During the Presidential Campaign, President Obama promised to close Guantanamo Bay and to abandon Military Commissions. Shortly after taking office, he halted Military Commissions that were then underway, in order to explore other alternatives. Nearly three years later, Guantanamo Bay remains opens, and President Obama has recently resumed Military Commissions.

With the exception of a lone amendment to the Military Commissions Act, the procedures governing Military Commissions under President Obama and those under President Bush are virtually indistinguishable.

What is distinguishable is that now, under President Obama, many detainees will receive no procedural protections under the Military Commissions Act, but …

When The Chief Justice Serves In The Legislative Branch, Roy E. Brownell Ii

ConLawNOW

This article argues that the Chief Justice is considered part of the legislative branch during presidential impeachment trials. In so arguing, this article first argues, as a matter of constitutional text, that the Chief Justice during presidential impeachment trials steps into the shoes of the president of the Senate. The Chief Justice’s authority in this vein is granted by Article I, which predominantly governs the legislative branch, and not Article III, which does the same for the federal judiciary.

Indeed, the only reference to the Chief Justice in the entirety of the Constitution occurs in this context in Article I. …

Preliminary Injunctions, Excessive Entanglement, And Prior Restraints: Should Courts Treat Potential Pretrial Religious Infringement The Same As Potential Pretrial Speech Infringement?, Conor Reilly

ConLawNOW

The virtually absolute ban on prior restraints against speech is, of course, cemented in the Supreme Court’s Free Speech jurisprudence. But the doctrine may potentially apply to another important First Amendment Clause: Establishment. In free speech cases, courts almost always refuse to restrict expression prior to a determination that it is protected. This Article argues that the courts should apply the same principle in cases implicating religious liberty.

First, this Article examines a case in which a district court granted a preliminary injunction in favor of a religious group, but also imposed severe restrictions on the group’s ability to practice …

Using Technology To Improve The Interview As A Selection Tool, Brad A. Chambers, John D. Arnold

Personnel Assessment and Decisions

Using the extant literature on best practices in the selection interview, this paper describes a technology-based selection interview system. The process includes interviewer training and certification, and the construction of standardized interview guides. Linked to a common set of human abilities and skills, answers to the questions and probes are evaluated using behaviorally anchored rating scales for each of a number of competency elements. The process described can be used to help ensure quality interviewing practices following these principles are used in organizations conducting multiple interviewers at different sites. How to use this process to address various research objectives is …

Assessment Of Personality Through Behavioral Observations In Work Simulations, Andrew B. Speer, Neil Christiansen, Christopher Honts

Personnel Assessment and Decisions

This study outlines the development of a rating scale designed to measure personality-related behavior in the context of work simulations. The tool, labeled the Work Simulation Personality Rating Scale (WSPRS), was validated in an assessment center by rating the personality of 123 assessment center participants. Scores from the WSPRS were correlated with corresponding traits from a self-reported personality inventory, and a Trait Activation Potential (TAP) framework was adopted to predict which traits would display best convergence based on assessment center observations. Correlations between the WSPRS dimensions and self-report trait scales ranged from .11 (Neuroticism) to .31 (Extraversion), with the rank-order …

Identifying The Strongest Or The Weakest Link: Effects On Subsequent Ratings, William S. Weyhrauch, Satoris S. Culbertson

Personnel Assessment and Decisions

The current study investigated the effect of a negative designation performance rating purpose in contrast to a positive designation purpose or a deservedness purpose on a) the ability of raters to differentiate amongst ratees at a later time and b) raters' tendencies to provide subsequently more severe or lenient ratings. Results from a laboratory study involving 102 participants indicated that positive designations tend to result in subsequently lenient ratings, while negative designations result in severe ratings. However, the nature of a rater’s previous decision had no discernable effect on the ability to differentiate levels of performance. Implications of these findings …

The Interactive Influence Of Ambition And Sociability On Performance In A Behavior Description Interview, Allen I. Huffcutt, Satoris S. Culbertson, Allen P. Goebl

Personnel Assessment and Decisions

The purpose of this study was to present and empirically test the potential influence on ratings in a behavior description interview (BDI) of the personality traits ambition and sociability, two facets of extraversion. Results suggest a relatively strong role for ambition in the administration and outcomes of BDIs in organizational selection, particularly when its interaction with sociability is taken into consideration. In a sample of 85 participants working in entry-level positions, the correlation with BDI ratings was .22 for ambition alone, which increased to .44 when sociability and its interaction with ambition were added. Adding sociability by itself to ambition …

The Validity Of Individual Psychological Assessments For Entry-Level Police And Firefighter Positions, Ilianna H. Kwaske, Scott B. Morris

Personnel Assessment and Decisions

Although individual psychological assessment is widely used in employee selection, the empirical research on the validity of individual assessments is sparse. A multi-stage, multi-site study examined the validity of individual assessments for police officer and firefighter positions. Results showed that assessor judgments were largely unrelated to standardized test results, and that both assessor judgments and standardized tests were only weakly related to job performance ratings. Differences in validity across assessors were also found, with some assessors providing better predictions than others.

Cloud-Based Meta-Analysis To Bridge Science And Practice: Welcome To Metabus, Frank A. Bosco, Piers Steel, Frederick L. Oswald, Krista Uggerslev, James G. Field

Personnel Assessment and Decisions

Although volumes have been written on spanning the science-practice gap in applied psychology, surprisingly few tangible components of that bridge have actually been constructed. We describe the metaBUS platform that addresses three challenges of one gap contributor: information overload. In particular, we describe challenges stemming from: (1) lack of access to research findings, (2) lack of an organizing map of topics studied, and (3) lack of interpretation guidelines for research findings. For each challenge, we show how metaBUS, which provides an advanced search and synthesis engine of currently more than 780,000 findings from 9,000 studies, can provide the building blocks …

Editorial: Why A New Journal?, Scott Edward Highhouse

Personnel Assessment and Decisions

No abstract provided.

The Ticker, December 7, 2015

The Ticker

The Ticker is the student newspaper of Baruch College. It has been published continuously since 1932, when the Baruch College campus was the School of Business and Civic Administration of the City College of New York.

Imagery, Prayer, And Mind Wandering: Kataphatic Prayer, Martha M. O. Duah

Honors Theses

Mind wandering—reduced attention to external events—during prayer could pose a problem for Christians. However, different types of prayer make different cognitive demands. Kataphatic prayer, a common type of evangelical Christian prayer, makes use of mental imagery in hopes of experiencing God in a richer sense. Because both mind wandering and kataphatic prayer require imagery, tying up imagery resources in kataphatic prayer should block mind wandering thereby improving focus. Participants in this study prayed as they normally do, viewed a visual task, or engaged in kataphatic prayer while self-monitoring for mind wandering.

Lanthorn, Vol. 50, No. 29, December 7, 2015, Grand Valley State University

Volume 50, July 13, 2015 - June 6, 2016

Lanthorn is Grand Valley State's student newspaper, published from 1968 to the present.

The Failure Of The Canadian Human Rights Regime To Provide Remedies For Indigenous Peoples: Enough Time Has Passed, Jeffery Gordon Hewitt

LLM Theses

In 2008, Canada amended the Canadian Human Rights Act to remove s.67, which in essence precluded Indigenous Peoples from bringing complaints as against Canada and Band governments. Since the amendment took effect in 2010, a multi-fold increase has occurred in the number of complaints filed with the Human Rights Commission of Canada from dozens to hundreds. The first such significant complaint to be heard by the Canadian Human Rights Tribunal was filed by the First Nation Child and Family Caring Society along with the Assembly of First Nations (the Complaint). The Complaint alleges Canada's funding with respect to First Nation …

Gsu View, 2015-12-07, Office Of Marketing And Communications

GSU View

Newsletter published by Governors State University 2007-current.