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2018

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Intellectual Property Law, David L. Mccombs, Phillip B. Philbin, Jamie Raju, Catherine Reynolds Jan 2018

Intellectual Property Law, David L. Mccombs, Phillip B. Philbin, Jamie Raju, Catherine Reynolds

SMU Annual Texas Survey

No abstract provided.


Partnership Law, Jeff Dorrill, Matthew Schindel, Troy Christensen, Kate Ortbahn, Josiah Bethards Jan 2018

Partnership Law, Jeff Dorrill, Matthew Schindel, Troy Christensen, Kate Ortbahn, Josiah Bethards

SMU Annual Texas Survey

No abstract provided.


Professional Liability, Evan A. Kirkham, Derrick R. Ward, Lance G. Henderson Jan 2018

Professional Liability, Evan A. Kirkham, Derrick R. Ward, Lance G. Henderson

SMU Annual Texas Survey

No abstract provided.


Real Property, J. Richard White, G. Roland Love, Amanda Grainger Jan 2018

Real Property, J. Richard White, G. Roland Love, Amanda Grainger

SMU Annual Texas Survey

No abstract provided.


Wills & Trusts, Gerry W. Beyer Jan 2018

Wills & Trusts, Gerry W. Beyer

SMU Annual Texas Survey

No abstract provided.


Saving Software's Fair Use Future, Pamela Samuelson, Clark Asay Jan 2018

Saving Software's Fair Use Future, Pamela Samuelson, Clark Asay

Faculty Scholarship

The freedom to reimplement application program interfaces (APIs) in independently written software is the key issue at stake in Oracle America, Inc. v. Google Inc. In May 2016, on remand a jury found Google’s use of the Java API elements was a fair use. After the District Court declined to vacate the jury verdict, Oracle appealed for the second time to the Federal Circuit, claiming that it is entitled to a judgment in its favor on the fair use issue as a matter of law. This Article, which is a derivative work of the amicus curiae brief of 42 Intellectual …


Deal Structure, Cathy Hwang, Matthew Jennejohn Jan 2018

Deal Structure, Cathy Hwang, Matthew Jennejohn

Faculty Scholarship

Modern commercial contracts—those governing mergers and acquisitions and financial derivatives, for instance—have become structurally complex and interconnected. Yet contract law largely ignores structural complexity. This Article develops a theory of “contractual structuralism” to explain the important role of structure in every aspect of contract law, from the design of a contract to courts’ interpretation and enforcement.

For generations, scholars have debated whether a court should consider only the text of a contract or also consider broader context to determine parties’ intent. More recently, scholars have shown that parties can choose between textual and contextual interpretation by drafting a contract provision …


The Architecture Of Contract Innovation, Matthew Jennejohn Jan 2018

The Architecture Of Contract Innovation, Matthew Jennejohn

Faculty Scholarship

Contract law and the formal models of contract economics assume that agreements are fully customized. On the other hand, recent legal research highlights the role standardized terms play in contract design. Those lines of research overlook an important class of contracts between those extremes. Many contracts, such as the merger agreements studied here, are complex combinations of customized and standardized terms, and thereby achieve economies of both scale and scope. Such contracts are “mass customized,” to borrow a term from engineering research. This Article introduces a theoretical framework for understanding how mass customization of such complex agreements is achieved. It …


Defining The Accessibility Of A Literary Text: Contemporary Russian Literature In A Cefr B2 Russian As A Foreign Language Classroom, Sofya Yunusova Jan 2018

Defining The Accessibility Of A Literary Text: Contemporary Russian Literature In A Cefr B2 Russian As A Foreign Language Classroom, Sofya Yunusova

Russian Language Journal

In the last three and a half decades, a considerable number of publications in foreign-language methodology have addressed the use of literary texts (LTs) in foreign-language classrooms. While at the beginning of the twentieth century learning a foreign language still meant a close study of canonical LTs for linguistic and humanistic purposes following the grammar-translation method (Kramsch and Kramsch 2000; Iatsenko 2017b), by the middle of the century, literature was replaced by more functional models of learning (Carter 2007). The 1980s opened new perspectives on the didactic role of L2 literary reading, which are commonly associated with the confluence of …


Borscht, Bliny, And Burritos: The Benefits Of Peer-To-Peer Experiential Learning Through Food, Naomi Caffee, Colleen Lucey Jan 2018

Borscht, Bliny, And Burritos: The Benefits Of Peer-To-Peer Experiential Learning Through Food, Naomi Caffee, Colleen Lucey

Russian Language Journal

Like other disciplines in the humanities, Russian Studies faces an ongoing crisis of recruiting and retaining majors and minors for the longevity of undergraduate programs (Looney and Lusin 2018). Shrinking budgets and limited resources compound the problem as language and culture departments across the United States are asked to do more with fewer resources (Gerber 2015). In the context of an increasingly corporatized academy where language and cultural studies are marginalized, faculty in Russian Studies have a powerful means at their disposal to attract new students and build cross-campus alliances: the common language of food. Courses on foodways can reinvigorate …


System Finansowy W Multiperspektywie, Jakub Górka Jan 2018

System Finansowy W Multiperspektywie, Jakub Górka

Monografie/Monographs

Księga jubileuszowa z okazji siedemdziesiątych urodzin Profesora Mariana Górskiego.


Countering Untouchability: The Stories Of Mātaṅga, Chandrabhan P. Yadav Jan 2018

Countering Untouchability: The Stories Of Mātaṅga, Chandrabhan P. Yadav

Articles

Excerpt:

"In the Jātakas we get description of the Caṇḍālas which is rare as far as traces about this class from the early Indian past is concerned. In around eight stories we get description of the Caṇḍālas.1 Amongst those the Mātaṅ gaJātaka (No.497) is the most important story because of its sheer description which is comparatively more elaborate than the other stories. In this essay I shall not only be examining this particular story to see the everyday lives of the Caṇḍālas in the early historic period, but most importantly, I shall also be exploring those processes through which these …


I: Introduction., Caroline Floccia, Thomas D. Sambrook, Luche C Delle, Rosa Kwok, Jeremy Goslin, Laurence White, Allegra Cattani, Emily Sullivan, Kirsten Abbot-Smith, Andrea Krott, Debbie Mills, Caroline Rowland, Judit Gervain, Kim Plunkett Jan 2018

I: Introduction., Caroline Floccia, Thomas D. Sambrook, Luche C Delle, Rosa Kwok, Jeremy Goslin, Laurence White, Allegra Cattani, Emily Sullivan, Kirsten Abbot-Smith, Andrea Krott, Debbie Mills, Caroline Rowland, Judit Gervain, Kim Plunkett

School of Psychology

The majority of the world's children grow up learning two or more languages. The study of early bilingualism is central to current psycholinguistics, offering insights into issues such as transfer and interference in development. From an applied perspective, it poses a universal challenge to language assessment practices throughout childhood, as typically developing bilingual children usually underperform relative to monolingual norms when assessed in one language only. We measured vocabulary with Communicative Development Inventories for 372 24-month-old toddlers learning British English and one Additional Language out of a diverse set of 13 (Bengali, Cantonese, Dutch, French, German, Greek, Hindi-Urdu, Italian, Mandarin, …


Ii: Methods., Caroline Floccia, Thomas D. Sambrook, Luche C Delle, Rosa Kwok, Jeremy Goslin, Laurence White, Allegra Cattani, Emily Sullivan, Kirsten Abbot-Smith, Andrea Krott, Debbie Mills, Caroline Rowland, Judit Gervain, Kim Plunkett Jan 2018

Ii: Methods., Caroline Floccia, Thomas D. Sambrook, Luche C Delle, Rosa Kwok, Jeremy Goslin, Laurence White, Allegra Cattani, Emily Sullivan, Kirsten Abbot-Smith, Andrea Krott, Debbie Mills, Caroline Rowland, Judit Gervain, Kim Plunkett

School of Psychology

The methods described in this chapter cover the cohort data collection, which constituted the common data set for all three studies reported in this paper. A sample of 430 bilingual toddlers, learning British English and one of 13 target Additional Languages (N = 372), or any other Additional Language (N = 58), were identified over a 2-year period. To increase variation in both English/Additional Language pairs and in the situational factors outlined above (language exposure, mode of exposure and demographic factors), data was collected through trained research assistants recruited in the six universities involved in this project (Bangor, Birmingham, Kent, …


Plankton As Prevailing Conditions: A Surveillance Role For Plankton Indicators Within The Marine Strategy Framework Directive, Abigail Mcquatters-Gollop, David Johns, Simon Greenstreet, Jacob Bedford Jan 2018

Plankton As Prevailing Conditions: A Surveillance Role For Plankton Indicators Within The Marine Strategy Framework Directive, Abigail Mcquatters-Gollop, David Johns, Simon Greenstreet, Jacob Bedford

School of Biological and Marine Sciences

The Marine Strategy Framework Directive (MSFD) uses an indicator-based approach for ecosystem assessment; indicators of the state of ecosystem components ('state indicators') are used to determine whether, or not, these ecosystem components are at ‘Good Environmental Status’ relative to prevailing oceanographic conditions. Here, it is illustrated that metrics of change in plankton communities frequently provide indications of changing prevailing oceanographic conditions. Plankton indicators can therefore provide useful diagnostic information when interpreting results and determining assessment outcomes for analyses of state indicators across the food web. They can also perform a strategic role in assessing these state indicators by influencing target …


Robot Enhanced Therapy For Children With Autism (Dream): A Social Model Of Autism, K Richardson, M Coeckelbergh, K Wakunuma, E Billing, T Ziemke, P Gomez, B Vanderborght, T Belpaeme Jan 2018

Robot Enhanced Therapy For Children With Autism (Dream): A Social Model Of Autism, K Richardson, M Coeckelbergh, K Wakunuma, E Billing, T Ziemke, P Gomez, B Vanderborght, T Belpaeme

School of Engineering, Computing and Mathematics

No abstract provided.


Peer Mentoring: Enhancing The Transition From Student To Professional, Margaret Fisher, Rachel Stanyer Jan 2018

Peer Mentoring: Enhancing The Transition From Student To Professional, Margaret Fisher, Rachel Stanyer

School of Nursing and Midwifery

No abstract provided.


Improving Community Exercise Provision In Parkinson’S, M Palin, J Rideout, C Carroll, V Evans Jan 2018

Improving Community Exercise Provision In Parkinson’S, M Palin, J Rideout, C Carroll, V Evans

Peninsula Medical School

No abstract provided.


Processes Influencing Differences In Arctic And Antarctic Trough Mouth Fan Sedimentology, J Gales, C-D Hillenbrand, R Larter, J-S Laberg, M Melles, S Benetti, S Passchier Jan 2018

Processes Influencing Differences In Arctic And Antarctic Trough Mouth Fan Sedimentology, J Gales, C-D Hillenbrand, R Larter, J-S Laberg, M Melles, S Benetti, S Passchier

School of Biological and Marine Sciences

No abstract provided.


A Multidisciplinary Approach For Generating Globally Consistent Data On Mesophotic, Deep-Pelagic, And Bathyal Biological Communities, Lucy C. Woodall, Dominic A. Andradi-Brown, Da, Andrew S. Brierley, Malcolm R. Clark, Douglas Connelly, Rob A. Hall, Kerry L. Howell, Veerle A.I. Huvenne, Katrin Linse, Rebecca E. Ross, Paul Snelgrove, Paris V. Stefanoudis, Tracey T. Sutton, Michelle Taylor, Thomas F. Thornton, Alex D. Rogers Jan 2018

A Multidisciplinary Approach For Generating Globally Consistent Data On Mesophotic, Deep-Pelagic, And Bathyal Biological Communities, Lucy C. Woodall, Dominic A. Andradi-Brown, Da, Andrew S. Brierley, Malcolm R. Clark, Douglas Connelly, Rob A. Hall, Kerry L. Howell, Veerle A.I. Huvenne, Katrin Linse, Rebecca E. Ross, Paul Snelgrove, Paris V. Stefanoudis, Tracey T. Sutton, Michelle Taylor, Thomas F. Thornton, Alex D. Rogers

School of Biological and Marine Sciences

Approaches to measuring marine biological parameters remain almost as diverse as the researchers who measure them. However, understanding the patterns of diversity in ocean life over different temporal and geographic scales requires consistent data and information on the potential environmental drivers. As a group of marine scientists from different disciplines, we suggest a formalized, consistent framework of 20 biological, chemical, physical, and socioeconomic parameters that we consider the most important for describing environmental and biological variability. We call our proposed framework the General Ocean Survey and Sampling Iterative Protocol (GOSSIP). We hope that this framework will establish a consistent approach …


Functional Brain Networks Underlying Idiosyncratic Switching Patterns In Multi-Stable Auditory Perception, D Farkas, Sl Denham, I Winkler Jan 2018

Functional Brain Networks Underlying Idiosyncratic Switching Patterns In Multi-Stable Auditory Perception, D Farkas, Sl Denham, I Winkler

School of Psychology

In perceptual multi-stability, perception stochastically switches between alternative interpretations of the stimulus allowing examination of perceptual experience independent of stimulus parameters. Previous studies found that listeners show temporally stable idiosyncratic switching patterns when listening to a multi-stable auditory stimulus, such as in the auditory streaming paradigm. This inter-individual variability can be described along two dimensions, Exploration and Segregation. In the current study, we explored the functional brain networks associated with these dimensions and their constituents using electroencephalography. Results showed that Segregation and its constituents are related to brain networks operating in the theta EEG band, whereas Exploration and its constituents …


“I Carry Her In My Heart”: An Exploration Of The Experience Of Bereavement For People With Learning Disability, Nicki Thorp, Jacqui Stedmon, Helen Lloyd Jan 2018

“I Carry Her In My Heart”: An Exploration Of The Experience Of Bereavement For People With Learning Disability, Nicki Thorp, Jacqui Stedmon, Helen Lloyd

School of Psychology

No abstract provided.


Exploring Public Views On Marine Litter In Europe: Perceived Causes, Consequences And Pathways To Change, Bonny L. Hartley, Sabine Pahl, Joana Veiga, Thomais Vlachogianni, Lia Vasconcelos, Thomas Maes, Tom Doyle, Ryan D'Arcy Metcalfe, Ayaka Amaha Öztürk, Mara Di Berardo, Richard C. Thompson Jan 2018

Exploring Public Views On Marine Litter In Europe: Perceived Causes, Consequences And Pathways To Change, Bonny L. Hartley, Sabine Pahl, Joana Veiga, Thomais Vlachogianni, Lia Vasconcelos, Thomas Maes, Tom Doyle, Ryan D'Arcy Metcalfe, Ayaka Amaha Öztürk, Mara Di Berardo, Richard C. Thompson

School of Biological and Marine Sciences

Marine litter is a global challenge and society plays an important role via lifestyles and behaviour, including policy support. We analysed public perceptions of marine litter and contributing factors, using data from 1133 respondents across 16 European countries. People reported high levels of concern about marine litter, and the vast majority (95%) reported seeing litter when visiting the coast. The problem was attributed to product and packaging design and behaviour rather than lack of facilities or accidental loss of items. Retailers, industry and government were perceived as most responsible, but also least motivated and competent to reduce marine litter, whereas …


Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin Jan 2018

Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin

Manuscript Collection

(The Dorothy Moser Medlin Papers are currently in processing.)

This collection contains most of the records of Dorothy Medlin’s work and correspondence and also includes reference materials, notes, microfilm, photographic negatives related both to her professional and personal life. Additions include a FLES Handbook, co-authored by Dorothy Medlin and a decorative mirror belonging to Dorothy Medlin.

Major series in this collection include: some original 18th century writings and ephemera and primary source material of André Morellet, extensive collection of secondary material on André Morellet's writings and translations, Winthrop related files, literary manuscripts and notes by Dorothy Medlin (1966-2011), copies …


1900 Minutes Of The Eightieth Session Of The Kentucky Annual Conference Of The Methodist Episcopal Church, South, Methodist Episcopal Church, South Jan 2018

1900 Minutes Of The Eightieth Session Of The Kentucky Annual Conference Of The Methodist Episcopal Church, South, Methodist Episcopal Church, South

Minutes of the Kentucky Annual Conference

No abstract provided.


Papers Of Ward Family Collection: Microfilm Arc1010 1990-003 Reel 1-7 - Finding Aid, Ats Special Collections And Archives Jan 2018

Papers Of Ward Family Collection: Microfilm Arc1010 1990-003 Reel 1-7 - Finding Aid, Ats Special Collections And Archives

Finding Aids

No abstract provided.


A Tropic Understanding Of Street Art As Political And Social Advocacy, Lindsay K. Kosel Jan 2018

A Tropic Understanding Of Street Art As Political And Social Advocacy, Lindsay K. Kosel

Honors Theses and Capstones

Graffiti and street art has been prevalent in the past few decades taking stances toward social and political adversity, but there lacks discussion about how dialogue is provoked within street artwork. Through the detailed analysis of the visual display created by JR on the West Bank Wall, these paper places focus on the rhetorical function of how street artist utilize images as means for political and social advocacy. The display shifts the focus from trauma, dislocation, and victimhood to that of comedic relief in our “humanness”. The identification of tropes within a street art display indicates that they are in …


Microfinance And Women's Empowerment: An Empirical Evidence In Vietnam, Anh Phuoc Thien Nguyen Jan 2018

Microfinance And Women's Empowerment: An Empirical Evidence In Vietnam, Anh Phuoc Thien Nguyen

Honors Theses and Capstones

The study measures an impact of microfinance on women’s empowerment with a case study on TYM Funds, a Vietnamese microfinance program initiated by Vietnam’s Women Union. The purpose of the study is to examine whether microfinance participants are more empowered than non-members, and whether membership duration enhances the degree of empowerment among the clients. The author constructs the empowerment indices based on three subdimensions: Economic Security, Household Major Decision, and Community Involvement. The empirical data is built on TYM Funds’ impact assessment survey, which was conducted on 544 women including in-training clients, new clients and mature clients. A logistic regression …


Eeg And Emg Sensorimotor Measurements To Assess Proprioception Following Acl Reconstruction, Teagan Frances Northrup Jan 2018

Eeg And Emg Sensorimotor Measurements To Assess Proprioception Following Acl Reconstruction, Teagan Frances Northrup

Honors Theses and Capstones

The Anterior Cruciate Ligament (ACL) is the primary source of rotational stability in the knee by preventing the tibia from sliding in front of the femur. When the ACL is torn, it typically must be repaired through reconstructive surgery which results in proprioceptive deficiencies in the knee. Proprioception plays an important role in understanding where one’s knee is in space, sensing movement and reacting accordingly. This study examines an alternative method of measuring proprioceptive responses to a stimulus (motion) by using electromyogram (EMG) and electroencephalogram (EEG) signals to observe muscle and brain activity. Two participants (one with an ACL reconstruction …


A Nutritional Analysis Of Food Menus Offered At Local Older Adult Assisted Living Facilities, Chloe R. Schmir Jan 2018

A Nutritional Analysis Of Food Menus Offered At Local Older Adult Assisted Living Facilities, Chloe R. Schmir

Honors Theses and Capstones

Nutrition is important in all stages of life, especially in the later years. The purpose of this study was to analyze the food offerings from local assisted living facilities on a nutritional basis. Upon collecting weekly food menus, they were evaluated based on the 2015-2020 Dietary Guidelines for Americans (DGAs) in the domains of food groups, food variety, and excess fats, sugars, and salt. Not a single facility met the DGA requirements completely in food groups or food variety. The food groups facilities were most deficient in were fruits and dairy. Furthermore, each of the menus had items rich in …