Digital Commons Network^™

Testing Tarnishment In Trademark And Copyright Law: The Effect Of Pornographic Versions Of Protected Marks And Works Of Pornographic Versions Of Protected Marks And Work, Christopher Buccafusco, Paul J. Heald, Wen Bu

Articles

Federal and state law both provide a cause of action against inappropriate and unauthorized uses that ‘tarnish’ a trademark. Copyright owners also articulate fears of ‘tarnishing’ uses of their works in their arguments against fair use and for copyright term extension. The validity of these concerns rests on an empirically testable hypothesis about how consumers respond to inappropriate unauthorized uses of works. In particular, the tarnishment hypothesis assumes that consumers who are exposed to inappropriate uses of a work will find the tarnished work less valuable afterwards. This Article presents two experimental tests of the tarnishment hypothesis, focusing on unauthorized …

The Nature Of Sequential Innovation, Christopher Buccafusco, Stefan Bechtold, Christopher Jon Sprigman

Articles

When creators and innovators take up a new task, they face a world of existing creative works, inventions, and ideas, some of which are governed by intellectual property (IP) rights. This presents a choice: Should the creator pay to license those rights? Or, alternatively, should the creator undertake to innovate around them? Our Article formulates this “build on/build around decision” as the fundamental feature of sequential creativity, and it maps a number of factors—some legal, some contextual—that affect how creators are likely to decide between building on existing IP or building around it. Importantly, creators are influenced by more than …

Functionality Screens, Christopher Buccafusco, Mark A. Lemley

Articles

Among intellectual property (IP) doctrines, only utility patents should protect function. Utility patents offer strong rights that place constraints on competition, but they only arise when inventors can demonstrate substantial novelty after a costly examination. Copyrights, trademarks, and design patents are much easier to obtain than utility patents, and they often last much longer. Accordingly, to prevent claimants from obtaining “backdoor patents,” the other IP doctrines must screen out functionality. As yet, however, courts and scholars have paid little systematic attention to the ways in which these functionality screens operate across and within IP law.We have four tasks in this …

Internal Administrative Law, Gillian E. Metzger, Kevin M. Stack

Faculty Scholarship

For years, administrative law has been identified as the external review of agency action, primarily by courts. Following in the footsteps of pioneering administrative law scholars, a growing body of recent scholarship has begun to attend to the role of internal norms and structures in controlling agency action. This Article offers a conceptual and historical account of these internal forces as internal administrative law. Internal administrative law consists of the internal directives, guidance, and organizational forms through which agencies structure the discretion of their employees and presidents control the workings of the executive branch. It is the critical means for …

Strategic Law Avoidance Using The Internet: A Short History, Tim Wu

Faculty Scholarship

We are now some twenty years into the story of the Internet's bold challenge to law and the legal system. In the early 2000s, Jack Goldsmith and I wrote Who Controls the Internet, a book that might be understood as a chronicle of some the early and more outlandish stages of the story. Professors Pollman and Barry's excellent article, Regulatory Entrepreneurship, adds to and updates that story with subsequent chapters and a sophisticated analysis of the strategies more recently employed to avoid law using the Internet in some way. While Pollman and Barry's article stands on its own, …

How To Read Thomas Piketty's Capital, Gordon Lloyd

School of Public Policy Working Papers

No abstract provided.

Índice De Actitud Hacia La Investigación Y Disposición A La Titulación Por Tesis, Martha Lorena Obermeier Pérez

Theses and Dissertations

La Licenciatura en inglés en modalidad virtual está enfocada a la profesionalización de maestros de inglés en ejercicio que no cuentan con formación metodológica en enseñanza de lenguas. Además de la titulación por tesis, la institución acepta otras modalidades como excelencia o mérito académico, estudios de posgrado o reporte de servicio social. Al finalizar los estudios, los alumnos han elegido titularse por estas otras modalidades y, aun así, los índices de titulación del programa son bajos. En este trabajo, se realiza un análisis cuantitativo para determinar el índice de actitud que tienen los alumnos de la Licenciatura en inglés en …

The Constitution Of Mothers: Gender Equality And Social Reproduction In The United States And The World, Julie C. Suk

Articles

The article explores the resurgence of the Equal Rights Amendment (ERA) in the United States, highlighting its potential to address ongoing gender inequalities and the role of social reproduction in modern society. It argues that the ERA, if ratified, could move beyond symbolic significance by integrating lessons from global constitutionalism, particularly the synthesis of gender equality and motherhood protections seen in European constitutions.

Overreach And Innovation In Equality Regulation, Olatunde C.A. Johnson

Faculty Scholarship

At a time of heightened concern about agency overreach, this Article highlights a less appreciated development in agency equality regulation. Moving beyond traditional bureaucratic forms of regulation, civil rights agencies in recent years have experimented with new forms of regulation to advance inclusion. This new "inclusive regulation" can be described as more open ended, less coercive, and more reliant on rewards, collaboration, flexibility, and interactive assessment than traditional modes of civil rights regulation. This Article examines the power and limits of this new inclusive regulation and suggests a framework for increasing the efficacy of these new modes of regulation.

Racial Assumptions Color The Mental Representation Of Social Class, Ryan F. Lei, Galen V. Bodenhausen

Psychology Faculty Scholarship

No abstract provided.

The Role Of National Courts At The Threshold Of Arbitration, George A. Bermann

Faculty Scholarship

There is a broad consensus that national courts of the arbitral seat have some kind of role to play during the pendency of an arbitration, though the exact contours of that role may differ from jurisdiction to jurisdiction. Similarly, it seems clear that national courts have a role to play on a post-award basis. While jurisdictions may vary as to the extent of control in annulment actions, the New York Convention brings a high degree of consensus over the role of courts in the recognition and enforcement of foreign awards, even though the Convention may receive different interpretations in different …

Debate Over Environmental Rights And State Constitutional Convention, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

During the election on November 7, the voters in New York state will be presented with the allot question (as they are every 20 years), “Shall there be a convention to revise the constitutionand amend the same?” If the referendum passes, the delegates to the Constitutional Convention will be elected in November 2018, and the Convention’s proposed changes will appear on the ballot, most likely in November 2019.

Many issues are under debate: ethics reform, reorganizing the judiciary, voting rights, and several more. This column focuses on environmental rights.

Market Power And Inequality: The Antitrust Counterrevolution And Its Discontents, Lina M. Khan, Sandeep Vaheesan

Faculty Scholarship

In recent years, economic inequality has become a central topic of public debate in the United States and much of the developed world. The popularity of Thomas Piketty’s nearly 700-page tome, Capital in the Twenty-First Century, is a testament to this newfound focus on economic disparity. As top intellectuals, politicians, and public figures have come to recognize inequality as a major problem that must be addressed, they have offered a range of potential solutions. Frequently mentioned proposals include reforming the tax system, strengthening organized labor, revising international trade and investment agreements, and reducing the size of the financial sector.

One …

Amazon's Antitrust Paradox, Lina M. Khan

Faculty Scholarship

Amazon is the titan of twenty-first century commerce. In addition to being a retailer, it is now a marketing platform, a delivery and logistics network, a payment service, a credit lender, an auction house, a major book publisher, a producer of television and films, a fashion designer, a hardware manufacturer, and a leading host of cloud server space. Although Amazon has clocked staggering growth, it generates meager profits, choosing to price below-cost and expand widely instead. Through this strategy, the company has positioned itself at the center of e-commerce and now serves as essential infrastructure for a host of other …

Social Bargaining In States And Cities: Toward A More Egalitarian And Democratic Workplace Law, Kate Andrias

Faculty Scholarship

A well-documented problem motivates this symposium: The National Labor Relations Act (NLRA) does not effectively protect workers’ rights to organize, bargain, and strike. Though unions once represented a third of American workers, today the vast majority of workers are non-union and employed “at will.” The decline of organization among workers is a key factor contributing to the rise of economic and political inequality in American society. Yet reforming labor law at the federal level – at least in a progressive direction – is currently impossible. Meanwhile, broad preemption doctrine means that states and localities are significantly limited in their ability …

Euro-Yearnings? Moving Toward A "Substantive" Registration-Based Trademark Regime, Jane C. Ginsburg

Faculty Scholarship

In Alan Jay Lerner’s lyric, Professor Henry Higgins laments: "Why can’t a woman be more like a man?" Professor Rebecca Tushnet’s provocative article in effect urges that a U.S. trademark should be more like a European Union trademark, at least with respect to the relationship of registration to substantive protection. The article convincingly exposes the current incoherence in U.S. trademark law – a hybrid between “procedural” and “substantive” registration regimes, in which the traditional emphasis on use-based trademark rights undermines the business-planning benefits that flow from registration.

Before elaborating on the similarities between Tushnet’s suggested reforms of U.S. trademark law …

Race Liberalism And The Deradicalization Of Racial Reform, Kimberlé W. Crenshaw

Faculty Scholarship

Recent works by neoconservatives and by Critical legal scholars have suggested that civil rights reforms have been an unsuccessful means of achieving racial equality in America. In this Article, Professor Crenshaw considers these critiques and analyzes the continuing role of racism in the subordination of Black Americans. The neoconservative emphasis on formal colorblindness, she argues, fails to recognize the indeterminacy of civil rights laws and the force of lingering racial disparities. The Critical scholars, who emphasize the legitimating role of legal ideology and legal rights rhetoric, are substantially correct, according to Professor Crenshaw, but they fail to appreciate the choices …

The View From My Window: The Roberts Court's First Amendment Symposium, Gregory P. Magarian

Scholarship@WashULaw

The experience of writing a book and then reading what some very smart and knowledgeable people have to say about the subject matter is humbling and a little dizzying. In Managed Speech: The Roberts Court's First Amendment, I try to make some sense of the present Supreme Court's decisions over the past decade about the First Amendment's protections for free expression.' The book argues that those decisions, taken as a whole, excessively constrain free speech within a particular managerial framework. Rather than helping speech to flourish in all its noisy, messy glory, the Roberts Court favors First Amendment claims from …

The Remaking Of Wall Street, Andrew F. Tuch

Scholarship@WashULaw

This Article critically examines the transformation of the financial services industry during and since the Financial Crisis of 2007–2009. This transformation has been marked by the demise of the major investment banks and the related rise of a set of powerful players known as private equity firms or alternative asset managers – pools of assets structured as private funds. First, this Article argues that private equity firms now mirror investment banks in their mix of activities; ethos of entrepreneurialism, innovation, and risk-taking; role as “shadow banks”; and overall power and influence.

These similarities might suggest that private equity firms pose …

Faculty Publications 2016, Lsu Health Sciences Center New Orleans

Historical Faculty Publications

This Faculty bibliography contains 791 publications.

Faculty Development And Student-Centered Online Learning: Issues, Perspectives And Lessons Learned From Integrating An Exemplary Course Program, Patrick Guilbaud, Kimarie Whetstone

Winthrop Faculty and Staff Publications

During the spring of 2017, Winthrop University rolled-out a new faculty training and development program, called Winthrop Exemplary Online Course (WEOC), to increase the number and diversity of online course offerings at the school during the summer sessions. Grounded in andragogical principles, the WEOC program also had the aim of providing participating faculty members with the requisite skills to develop more student-centered, engaging, and user-friendly online courses. Preliminary results indicate that the WEOC program achieved its key goals and objectives. Moreover, faculty participants noted that the program stands to build upon existing teaching and learning efforts and approaches at the …

Harmful, Harmless, And Beneficial Uncertainty In Law, Scott Baker, Alex Raskolnikov

Faculty Scholarship

This article examines the impact of four types of law-related uncertainty on the utility of risk-neutral agents. We find that greater legal or factual uncertainty makes agents worse off if enforcement is targeted (meaning that greater deviations from what the law demands lead to a greater probability of enforcement), or if sanctions are graduated (meaning that greater deviations from what the law demands result in higher sanctions). In contrast, agents are indifferent to changes in detection uncertainty induced by variation in enforcement resources or to changes in sanction uncertainty arising from legally irrelevant factors. Finally, risk-neutral agents benefit from greater …

Chinese International Students In A Northwest University: Investigating Cultural Academic Learning And Teaching Preferences, Michael L. Bevis

Theses and Dissertations

As Chinese international students on American university campuses continue to rise, the importance of these institutions to accommodate the students in adapting to a different academic culture has become more critical. On a public, coeducational research university located in the Pacific Northwest, a concurrent triangulated mixed method research design was implemented to investigate cultural factors with preferred learning and teaching styles of Chinese international students along with what corroborative descriptions these students provide as effective learning experiences in American college classrooms.

The study brought attention to Chinese international students’ differing cultural values from the previous literature understanding, it supported previous …

Evaluating The Attitudes Of Preservice Teachers Toward Multicultural Competence, Angela D. Marshall

Theses and Dissertations

Changes in the ethnicity of the student population across the nation necessitated a change in teacher education curricula. This explanatory, sequential, mixed-method study examined how a group of preservice teachers viewed the importance of multicultural competence before and after student teaching. Specifically, an evaluation of preservice teachers’ attitudes about their own multicultural preparedness was made prior to and after being given full responsibility for an ethnically diverse classroom.

The study employed quantitative and qualitative measures to assess preservice teachers’ levels of multicultural competence as well as their awareness of self-perceptions of multicultural competence that contribute to attitudes toward teaching an …

The Acceptance And Commitment Therapy Matrix Mobile App: A Pilot Randomized Trial On Health Behaviors, Michael E. Levin, Benjamin G. Pierce, Benjamin Schoendorff

Psychology Faculty Publications

Mobile apps provide a promising format for delivering acceptance and commitment therapy (ACT) to improve diet/exercise. This pilot trial evaluated a novel ACT-based app for health behaviors based on the matrix approach. A sample of 23 community adults were randomly assigned to use the app for two weeks or to a waitlist condition. Findings indicated a high degree of satisfaction with the app and acceptable adherence. Although the intent-to-treat sample indicated few intervention effects, when focusing on program engagers only, health behaviors significantly improved in the app condition relative to waitlist. There were no differences between conditions on valued action …

Are Validation Notices Valid? An Empirical Evaluation Of Consumer Understanding Of Debt Collection Validation Notices, Jeff Sovern, Kate E. Walton

SMU Law Review

A principal protection against the collection of consumer debts that are not actually owed is the Fair Debt Collection Practices Act’s (FDCPA) validation notice, which obliges debt collectors demanding payment to notify consumers of their rights to dispute debts and request verification, among other things. This Article reports on the first public study of whether consumers understand the notices or what they take away from them. For nearly four decades, courts have decided whether validation notices satisfied the FDCPA without ever knowing when or if consumers understand the notices. This Article attempts to remedy that problem.

Collectors who prefer that …

An Open Field For Professional Athlete Litigation: An Analysis Of The Current Application Of Section 301 Preemption In Professional Sports Lawsuits, Morgan Francy

SMU Law Review

No abstract provided.

Prediction Of Adverse Outcomes After Rt-Pa Treatment In Ischemic Stroke Patients, David Asuzu

Yale Medicine Thesis Digital Library

IV thrombolysis (rt-PA) for ischemic stroke treatment carries a substantial risk for symptomatic intracerebral hemorrhage (sICH) and adverse outcome. Our purpose was to develop a computationally simple and accurate clinical predictor of adverse outcome after rt-PA therapy.

Our derivation dataset consisted of 210 ischemic stroke patients receiving IV rt-PA from January 2009 until July 2013 at Yale New Haven Hospital. Our validation dataset included 303 patients who received IV rt-PA during the NINDS rt-PA trial. Predictive ability and goodness of fit were quantified by odds ratios (OR) and areas under the receiver operating characteristic curve (AUROC). Patient outcomes included sICH, …

Racial Disparities In Renal Cell Carcinoma: A Single Payer Healthcare Experience, Abiodun Mafolasire

Yale Medicine Thesis Digital Library

Introduction: Significant racial disparities in survival for renal cell carcinoma (RCC) exist between whites and blacks. Differences in access to care and comorbidities are possible contributors. To investigate if racial disparities persist when controlling for access to care, we analyzed data from a single payer healthcare system.

Methods: As part of a case-control study within the Kaiser Permanente Northern California system, pathologic and clinical records were obtained for RCC cases (2,152 white, 293 black) diagnosed from 1998 to 2008. Patient demographics, comorbidities, tumor characteristics, and treatment status were compared between whites and blacks. Overall survival and disease specific survival (DSS) …

Small Estimated Placental Volume Predicts Low Birthweight, Kimberly Marie Murdaugh

Yale Medicine Thesis Digital Library

The objective of the study was to validate Estimated Placental Volume (EPV) in a

population of patients at Yale-New Haven Hospital (YNHH) across a range of gestational

ages, and to evaluate the association between small EPV and low birthweight (BW). From

2009 to 2011, 366 patients at YNHH received ultrasound scans between 11+0 to 38+6

weeks gestational age (GA) to measure placental dimensions from 2009 to 2011. EPVs were

calculated using a previously validated convex-concave shell equation. An EPV vs GA best

fit curve was generated. The relationship between EPV and BW was analyzed. Subgroup

analyses were performed to evaluate …