Digital Commons Network^™

Constitutional Rhetoric, Jamal Greene

Faculty Scholarship

For close to a century, students of judicial behavior have suggested that what judges think is not altogether the same as what they say. Within the legal academy, this claim has long been associated with legal realists who have argued that the formal legal rules explicated in judicial opinions are at least partly epiphenomenal, masking the influence that the personal characteristics and dispositions of adjudicators exercise over legal outcomes. Political scientists have argued, variously, that such outcomes are determined by ideology, social background, or political, professional, or other institutional constraints.

The notion that at least some “extralegal” factors influence judicial …

Making Civilian Drones Safe: Performance Standards, Self-Certification, And Post-Sale Data Collection, Henry H. Perritt, Albert J. Plawinski

Northwestern Journal of Technology and Intellectual Property

With millions of small drones in private hands, the FAA continues its struggle to develop an effective regulatory regime to comply with Congress’s mandate to integrate them into the national airspace system. Thousands of individuals and small businesses have obtained authorization from the FAA—"section 333 exemptions"—allowing them to fly their drones commercially. Farmers, TV stations, surveyors, construction-site supervisors, real estate agents, people selling their properties, and managers seeking cheaper and safer ways to inspect their facilities, want to hire the exemption holders, but many are holding back until the FAA clarifies the groundrules.

The FAA understands that its traditional approach …

Do Not Pass Go, Do Not Stop For Summary Judgment: The U.S. District Court For The District Of Delaware’S Seemingly Disjunctive Yet Efficient Procedures In Hatch-Waxman Litigation, Katherine Rhoades

Northwestern Journal of Technology and Intellectual Property

With the multi-billion dollar generic pharmaceutical industry growing annually, litigation under the Hatch-Waxman Act—the legislation that expedited the Food & Drug Administration’s (“FDA”) approval process for generic drugs—can have substantial economic implications on American consumers. Under the Hatch-Waxman Act, a generic drug company can challenge a brand-name pharmaceutical company’s pioneer drug patent(s) in an Abbreviated New Drug Application (“ANDA”) by filing a Paragraph IV certification with the FDA, and the patentee can—and usually does—sue for infringement. The court may find the pioneer drug patent(s) invalid or not infringed by the generic drug, which results in savings to American consumers when …

The Digital Inheritance Of Mobile Apps: Where’S The App For That?, Edwin Cruz

Northwestern Journal of Technology and Intellectual Property

Digital inheritance laws relating to mobile applications are largely unsettled as courts and legislatures grapple with how to treat new types of digital property. As developers of mobile applications pass away, many revenue-producing applications may become ownerless, which would remove the benefit to both developers’ heirs and to the public user base. Moreover, successors with motives and skills not aligned with those of the original developers may prove to be harmful to the financial viability and character of an otherwise profitable app. Currently, successors view profitable mobile applications left by deceased developers as meal tickets and nothing more. This can …

Through The Alice Corp. Looking Glass: Using Pragmatic Arguments To Bring Predictability To Patent Law, Jason B. Portis

Northwestern Journal of Technology and Intellectual Property

Within the last four years, multiple institutional actors that have largely remained dormant in the scope of innovation policy and patents have undertaken a surprisingly interventionist reform of patent law. Congress, administrative agencies, and the Supreme Court have all recently shaped patent law to be more pragmatic and less overtly formalistic. Conversely, the Court of Appeals for the Federal Circuit has staunchly defended a formalist approach to patent law, advocating consistently for bright-line rules.

The Federal Circuit has been charged with bringing predictability to patent law since its creation in 1982. The Federal Circuit attempts to bring predictability and uniformity …

"Section 5 And 'Unfair Methods Of Competition': Protecting Competition Or Increasing Uncertainty?", Tim Wu

Faculty Scholarship

Since the late 1980s, Section 5 of the FTC Act has come to center on a certain kind of case, the so-called anticompetitive “scheme” featuring extraordinary and nefarious conduct – like gaming a standards process, rigging industry tests, that sort of thing. Deception, fraud, bad-faith and oppressive action are typical. This kind of self-restraint has, to its credit, yielded a focus on cases where the conduct is extraordinary, an anticompetitive intent is obvious and the harm is substantial. At this point, the self-imposed limits on Section 5 enforcement are extensive enough that a critic could fairly accuse the agency of …

Reasonable Doubt And Moral Elements, Youngjae Lee

Faculty Scholarship

The law is axiomatic. In order to convict a person of a crime, every element of the crime with which he is charged must be proven beyond a reasonable doubt. This Article argues that this fundamental proposition of American criminal law is wrong. Two types of elements are typically found in crime definitions: factual elements and moral elements. Proving factual elements involves answering questions about historical facts—that is, questions about what happened. By contrast, proving moral elements—such as “reckless,” “unjustifiable,” “without consent,” or “cruel”—involves answering questions not only about what happened but also about the evaluative significance of what happened. …

Illustrated History Of Douglas Camp Meeting, Edward Davies

Books

No abstract provided.

The Life Of Rev. C. F. Swartz, The American Tract Society

Books

No abstract provided.

A Narrative Of The Establishment And Progress Of The Mission To Ceylon And India, W. M. Harvard

Books

No abstract provided.

Dietary Antioxidants And Flight Exercise In Female Birds Affect Allocation Of Nutrients To Eggs: How Carry-Over Effects Work, Megan M. Skrip, Navindra P. Seeram, Tao Yuan, Hang Ma, Scott R. Mcwilliams

Natural Resources Science Faculty Publications

Physiological challenges during one part of the annual cycle can carry over and affect performance at a subsequent phase, and antioxidants could be one mediator of trade-offs between phases. We performed a controlled experiment with zebra finches to examine how songbirds use nutrition to manage trade-offs in antioxidant allocation between endurance flight and subsequent reproduction. Our treatment groups included (1) a non-supplemented, non-exercised group (control group) fed a standard diet with no exercise beyond that experienced during normal activity in an aviary; (2) a supplemented non-exercised group fed a water- and lipid-soluble antioxidant-supplemented diet with no exercise; (3) a non-supplemented …

Drought Risk Assessment In Central Nepal: Temporal And Spatial Analysis, Piyush Dahal, Nicky Shree Shrestha, Madan Lall Shrestha, Nir Y. Krakauer, Jeeban Panthi, Soni M. Pradhanang, Ajay Jha, Tarendra Lakhankar

Geosciences Faculty Publications

This paper presents temporal and spatial pattern of drought phenomena in central Nepal using standardized precipitation index (SPI) at multiple time scales. The study is based on 32 years of monthly precipitation data from 40 meteorological stations from 1981 to 2012. Results indicate that, while there is no distinct trend in regional precipitation, interannual variation is large. Trend analysis of drought index shows that most stations are characterized by increases in both severity and frequency of drought and trend is stronger for longer drought time scales. Over the study period, the summer season of 2004, 2005, 2006, 2009 and winters …

Evolutionary Dynamics Of Tree Invasions: Complementing The Unified Framework For Biological Invasions, Rafael D. Zenni, Ian A. Dickie, Michael J. Wingfield, Heidi Hirsch, Casparus J. Crous, Laura A. Meyerson, Treena I. Burgess, Thalita G. Zimmermann, Metha M. Klock, Evan Siemann, Alexandra Erfmeier, Roxana Aragon, Lia Montti, Johannes J. Le Roux

Natural Resources Science Faculty Publications

Evolutionary processes greatly impact the outcomes of biological invasions. An extensive body of research suggests that invasive populations often undergo phenotypic and ecological divergence from their native sources. Evolution also operates at different and distinct stages during the invasion process. Thus, it is important to incorporate evolutionary change into frameworks of biological invasions because it allows us to conceptualize how these processes may facilitate or hinder invasion success. Here, we review such processes, with an emphasis on tree invasions, and place them in the context of the unified framework for biological invasions. The processes and mechanisms described are pre-introduction evolutionary …

Opinion 2/13 Of The Court (C.J.E.U.), Daniel Halberstam

Articles

Opinion 2/13 of the Court of Justice of the European Union (CJEU) declared the draft agreement on European Union accession to the European Convention on Human Rights (ECHR) incompatible with the Treaty on European Union. The Opinion comes toward the end of a long and gradual process of incorporating human and fundamental rights principles into the legal system of the European Community and its successor, the European Union. Opinion 2/13 sends the Commission back to the drawing board on what has long been seen as the capstone of that process—EU accession to the Strasbourg human rights regime as an external …

Comparative Study Of School And Science Teacher Technology Leaderships In High And Middle Schools In The United States And China, Ying Tang

UNF Graduate Theses and Dissertations

Researchers found that various schools took different technology leadership approaches and that school leadership practices were empirically associated with outcomes for teacher performance and student learning. To date, few studies systematically examined the salient aspects of school technology leadership (STL) and science teacher technology leadership (STTL), and the effects of country and grade-level on school and science teacher technology leaderships. A comprehensive technology leadership model was lacking for secondary school science education. Therefore, this research study focused on the status of school technology leadership, science teacher technology leadership, and their relationships and differences across country and grade. In this study, …

Investigating The Psychometric Properties Of The Self-Compassion Scale: Using Confirmatory And Exploratory Factor Models, Jennifer Marie Barton

UNF Graduate Theses and Dissertations

Self-compassion has quickly gained recognition for its many cognitive, emotional, and psychological benefits (Neff, 2003b). The Self-Compassion Scale (SCS; Neff, 2003a) is currently the only instrument measuring self-compassion and is commonly used. The current model contains six factors: self-kindness, self-judgment, common humanity, isolation, mindfulness, and over-identification. However, the SCS has recently come under fire due to limited evidence of its psychometric properties (Lopez et al., 2015). Researchers who have attempted to replicate the factor structure proposed by Neff have found mixed results using both exploratory and confirmatory methods. Our primary aim is to establish the factor structure of the SCS …

Analysis Of A Long-Term Record Of Nearshore Currents And Implications In Littoral Transport Processes, Carolina Burnette

UNF Graduate Theses and Dissertations

A seasonal and long-term analysis of the vertical structure of currents in the nearshore is conducted to determine the role of the wind in driving currents and consequently affecting littoral transport processes. Approximately ten years (January, 2002 – October, 2011) of nearshore current profiles are examined using the data collected with an Acoustic Doppler Current Profiler (ADCP) installed off of Spessard Holland North Beach Park located in Melbourne Beach, Florida. Additionally, wind data collected with a directional anemometer from September, 2002, until October, 2008, are used to further characterize the long-term hydrodynamic forcing. With the shoreline oriented nominally 17^{o …}

The Mechanics And Fixed Operations Of Human Experience, James Dominick Di Netta

UNF Graduate Theses and Dissertations

This paper will use the natural laws of the universe and amassed evidence to support a dynamic systems theory approach to explain the mechanics and fixed operations of the human experience taking place inside a causally determined universe without the possibility of free will. By reductionary methods, the universe and all its’ contents, including human agents, will be exemplified as complex dynamic systems. In so doing, the human experience is reduced to being comprised of information acting and reacting with other information existing in the universe, specifically ideas. Allowing ideas to take on a physical manifestation shows how the feedback …

The Relationship Between Goal Orientation And Compliance With A Rehabilitation Program Among Ncaa Division I Football Players, Kaitlyn E. Maloney

Research Papers

No abstract provided.

Politics Of Identity In Nepal - Implications For Theories Of Regionalism, Kedar P. Badu

Research Papers

Due to incredible socioeconomic stratification of society in the context of extreme demographic and regional diversity, regionalism has been a crucial political issue for Nepal during the recent democratic transition. The traditional power elite belonging to hill “high caste” groups are trying to maintain the centralized power structure to protect their own interests. On the other hand, various ethnic and regional identity groups, who have fought for autonomy and self-rule, want their identity and rights to be recognized. Despite the promulgation of the federal constitution by the Constitutional Assembly in 2015, many ethnic and regional identity groups have expressed their …

การจัดการเรียนรู้โดยใช้ทฤษฎีกำกับตนเองเพื่อส่งเสริมพฤติกรรมสุขภาพของนักเรียนประถมศึกษาปีที่ 5, กชมล ธนะวงศ์, จินตนา สรายุทธพิทักษ์

Journal of Education Studies

No abstract provided.

กลยุทธ์การบริหารโรงเรียนเอกชนเพื่อเสริมสร้างความสามารถทางภาษาอังกฤษของนักเรียนประถมศึกษา, จันทร์ฤทัย พานิชศุภผล

Journal of Education Studies

No abstract provided.

การวิเคราะห์การบริหารโรงเรียนเพื่อส่งเสริมความผาสุกของนักเรียนประถมศึกษา, ดวงพร อุ่นจิตต์

Journal of Education Studies

No abstract provided.

กลยุทธ์การพัฒนาสมรรถนะทางวิชาชีพของครูอาชีวศึกษา ในสถานศึกษาของสถาบันการอาชีวศึกษาภาคเหนือ 4, ดัชนีย์ จะวรรณะ

Journal of Education Studies

No abstract provided.

กระบวนการเรียนรู้เพื่อการดำรงอยู่ของเครือข่ายอาหารปลอดภัยอย่างยั่งยืนของหมู่บ้านห้วยน้ำใส, เทพสุดา จิวตระกูล, วีระเทพ ปทุมเจริญวัฒนา

Journal of Education Studies

No abstract provided.

การเปรียบเทียบปัญหาและแนวทางการแก้ปัญหาการปฏิบัติการสอนในสถานศึกษาของนิสิตหลักสูตร ครุศาสตรบัณฑิต (5 ปี) ระหว่างกลุ่มนิสิตวิชาเอกต่างกันที่ผ่านการปฏิบัติการสอน ณ โรงเรียนสาธิตจุฬาลงกรณ์มหาวิทยาลัย, น้ำผึ้ง ศุภอุทุมพร

Journal of Education Studies

No abstract provided.

กลยุทธ์การพัฒนาภาวะผู้นำของผู้บริหารโรงเรียนเรียนร่วมตามแนวคิดภาวะผู้นำที่ยั่งยืนเพื่อเสริมสร้างชุมชนการเรียนรู้ทางวิชาชีพ, ปภาวี พิพัฒนลักษณ์

Journal of Education Studies

No abstract provided.

คุณลักษณะที่พึงประสงค์ของเจเนอเรชั่นแอลฟาที่เหมาะสมกับสังคมไทยในอนาคต, พัชราภา ตันติชูเวช, จรูญศรี มาดิลกโกวิท

Journal of Education Studies

No abstract provided.

เปิดประเด็น, ประยุทธ หลักคำ

Journal of Education Studies

No abstract provided.

แนะนำหนังสือ, เฟื่องอรุณ ปรีดีดิลก

Journal of Education Studies

No abstract provided.