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Isidro Aguilar Lopez V. Attorney General United States

2018 Decisions

Agency

Gene Salvati V. Deutsche Bank National Trust

2018 Decisions

USDC for the Western District of Pennsylvania

Hotline Press Newspaper- December 2018 Vol 34 No 36, Hotline Press Newspaper

Hotline Press Newspaper 2018

No abstract provided.

Evaluating The Impact Of Local Vegetable Messaging On Elementary School Students’ Vegetable Choice And Nutrition Behaviors, Jesse Chiero

Doctoral Dissertations

Farm to school (FtS) initiatives within a school setting may include purchase of local foods, nutrition education, and school gardening. Previous FtS research has indicated a positive impact on child nutrition behaviors and body weight but less is known about how and what aspects of local foods within school meals impact child nutrition behaviors. The specific aims of this project were to: 1) Determine which benefit(s) of eating local vegetables are most salient to 3^rd-5^th grade students for a local vegetable message campaign intervention and compare if message preferences varied by age, gender and school district, and …

The Rearden Problem: Defining Ownership In A Changing Landscape, Jake Altobello

University of Miami Business Law Review

This paper will address the problem that is currently being confronted by the Walt Disney World Company; who owns the creative works made from software stolen from the original creator? Furthermore, does the court’s application of the “lion’s share” theory effectively further the Constitution’s intent to promote the growth of arts and sciences? By looking at the historical progression of intellectual property law and the holdings of key cases in copyright law, this paper will distill into a summary of key concerns the jurisprudence regarding associating property rights in intellectual property. By narrowing the key considerations of the court, this …

Cover

Catholic University Law Review

No abstract provided.

Table Of Contents

Catholic University Law Review

No abstract provided.

The Catalytic Mechanism Of Electron-Bifurcating Electron Transfer Flavoproteins (Etfs) Involves An Intermediary Complex With Nad+, Gerrit J. Schut, Nishya Mohamed-Raseek, Monika Tokmina-Lukaszewska, David W. Mulder, Diep M. N. Nguyen, Gina L. Lipscomb, John Patrick Hoben, Angela Patterson, Carolyn E. Lubner, Paul W. King, John W. Peters, Brian Bothner, Anne-Frances Miller, Michael W. W. Adams

Chemistry Faculty Publications

Electron bifurcation plays a key role in anaerobic energy metabolism, but it is a relatively new discovery, and only limited mechanistic information is available on the diverse enzymes that employ it. Herein, we focused on the bifurcating electron transfer flavoprotein (ETF) from the hyperthermophilic archaeon Pyrobaculum aerophilum. The EtfABCX enzyme complex couples NADH oxidation to the endergonic reduction of ferredoxin and exergonic reduction of menaquinone. We developed a model for the enzyme structure by using nondenaturing MS, cross-linking, and homology modeling in which EtfA, -B, and -C each contained FAD, whereas EtfX contained two [4Fe-4S] clusters. On the basis …

Fundamental Limits On The Capacities Of Bipartite Quantum Interactions, Stefan Bäuml, Siddhartha Das, Mark M. Wilde

Faculty Publications

Bipartite quantum interactions have applications in a number of different areas of quantum physics, reaching from fundamental areas such as quantum thermodynamics and the theory of quantum measurements to other applications such as quantum computers, quantum key distribution, and other information processing protocols. A particular aspect of the study of bipartite interactions is concerned with the entanglement that can be created from such interactions. In this Letter, we present our work on two basic building blocks of bipartite quantum protocols, namely, the generation of maximally entangled states and secret key via bipartite quantum interactions. In particular, we provide a nontrivial, …

Standing To Appeal At The Federal Circuit: Appellants, Appellees, And Intervenors, Matthew J. Dowd, Jonathan Stroud

Catholic University Law Review

The America Invents Act of 2011 created three administrative patent review regimes that have flooded the rechristened Patent Trial and Appeal Board with almost 7,000 new matters in just under five years. The flood of matters—primarily, inter partes reviews (IPRs)—has led to more than 1,000 appeals to the U.S. Court of Appeals for Federal Circuit from administrative proceedings, eclipsing any other forum of origin. With the flood of administrative appeals, questions of first instance on appellate standing have arisen, resulting in a handful of important panel decisions.

While the other regional Courts of Appeals have largely adopted legal tests, standards, …

Re-Evaluating The Demise Of The Average, Ordinary, Reasonable Person: Unintended Consequences In The Law Of Nuisance, George P. Smith & William P. Lane

Catholic University Law Review

This Article advocates for a wider pleading use of the tort of nuisance—this, because of the unresolved complexities in the doctrine of causation which continue to plague an effective use of negligence. The confusing awkwardness or, perhaps, the actual demise, of the notion of an average, ordinary, reasonable person so essential to improving negligent wrongdoing has caused aggravation over the years and, indeed, given rise to a state of torbidity.

The judiciary can more easily resolve this evidentiary quagmire by shifting its judicial attention and analysis to the tort of nuisance. With alarming social indicators and statistical projections, confirming the …

La Promesa Cumplida [The Promise Fulfilled]: How The U.S. Constitution Has Enabled Colonialism, Dean Delasalas

Catholic University Law Review

In 2016, as a debt-ridden Puerto Rico tried and failed to protect its assets from rapacious creditors, Congress enacted the Puerto Rico Oversight and Economic Management Act (PROMESA). PROMESA created the Financial Oversight and Management Board, a group of unelected officials charged with helping Puerto Rico restructure its debt and “achieve fiscal responsibility.” To the surprise of many, the Oversight Board was empowered to invalidate Puerto Rican laws, strong-arm the Puerto Rican government into accepting draconian spending cuts in education, healthcare, and pensions and sue officials who refused to comply.

Sadly, the extent of power given to the Oversight Board …

Is A Delayed Result A Just Result? The Use Of Laches As An Equitable Defense To Remedial Back Pay Under The Eeoc's Sovereignty, Ruth Ann Mueller

Catholic University Law Review

The equitable defense of laches generally cannot be used against the sovereign. This broad proposition, adopted from English Courts of Equity, cements itself in United States federal case law. It is a longstanding principle that the federal government protects the public good and must be exempt from the defenses that could be brought up in a private suit. Administrative agencies bear a similar role, and exemption, when litigating as the United States on behalf of the public.

However, courts do not affirmatively restrict the use of laches against administrative agencies who may be acting on behalf of a private litigant. …

Comments On Judicial Independence And Impartiality In Isds: A Paper Prepared For The Uncitral Working Group Iii, Gus Van Harten, Pavla Křístková

All Papers

This paper was prepared in support of the mandate of Working Group III to consider the possible reform of investor-state dispute settlement (ISDS) for reasons of independence and impartiality. It outlines the deep flaws in the current design of ISDS on this issue and offers ideas about reforms to incorporate essential safeguards

Lawyer As Soothsayer: Exploring The Important Role Of Outcome Prediction In The Practice Of Law, Mark K. Osbeck

Articles

Outcome prediction has always been an important part of practicing law. Clients rely heavily on their attorneys to provide accurate assessments of the potential legal consequences they face when making important decisions (such as whether to accept a plea bargain, or risk a conviction on a much more serious offense at trial). And yet, notwithstanding its enormous importance to the practice of law (and notwithstanding the handsome legal fees it commands), outcome prediction in the law remains a very imprecise endeavor. The reason for this inaccuracy is that the three principal tools lawyers have traditionally relied on to facilitate outcome …

Evaluation Of Antibiotic Use Among Sepsis Patients In An Intensive Care Unit: A Cross-Sectional Study At A Referral Hospital In Indonesia, Ratna S. Dewi, Maksum Radji, Rizka

Sultan Qaboos University Medical Journal

Objectives: This study aimed to evaluate the appropriateness of antibiotic use and factors associated with outcomes among sepsis patients in an ntensive care unit (ICU). Methods: This cross-sectional study was carried out from February to May 2017 and included all adult patients with sepsis or septic shock admitted to the ICU of Dharmais Cancer Hospital, Jakarta, Indonesia. Data were collected from the patients’ medical records. Results: A total of 60 patients with sepsis or septic shock were admitted to the ICU during the study period. The most common source of infection was hospital-acquired pneumonia (61.7%) and the majority had two …

Two Different Causes Of Paediatric Hypercalcaemia, Stepan Kutilek, Ivana Plasilova, Viktor

Sultan Qaboos University Medical Journal

Paediatric hypercalcaemia is a rare condition which can be easily overlooked or misdiagnosed. We report two paediatric patients who presented to the Department of Paediatrics, Pardubice Hospital, Pardubice, Czech Republic, in 2009 and 2010, respectively. Each patient was diagnosed with hypercalcaemia due to a different cause. The first case involved a seven-month-old infant who presented with failure to thrive, vomiting and psychomotor retardation. Fluorescent in situ hybridisation revealed Williams-Beuren syndrome. The second patient was a 16-year-old girl with abdominal pain and renal colic due to hypercalcaemia-induced urolithiasis. High parathyroid hormone serum levels suggested primary hyperparathyroidism. An adenoma of the left …

2nd International Nursing Conference: Transforming Nursing Future - Technology, Innovation And Collaboration, Sultan Qaboos University

Sultan Qaboos University Medical Journal

No abstract provided.

Teaching The Role Of Health Advocate: Reflections On Two Cross-Cultural Collaborative Advocacy Workshops For Medical Trainees And Instructors In Oman, Jessica Breton, Louis H. Francescutti, Yousef

Sultan Qaboos University Medical Journal

In March 2014, medical educators from Canada and Oman collaborated to shape the foundation of health advocacy training in Oman. Using existing research and innovative tools, two workshops were developed, representing the first formalised approach to health advocacy for medical trainees in Oman. The development and application of the workshops highlighted many unique challenges and opportunities in advocacy training. This article summarises the process of developing and implementing the workshops as well as feedback from the participants and short-term consequences. Furthermore, this article seeks to explore the complexities of designing a cross-cultural curriculum. In particular, it reflects on how the …

Lactate Dehydrogenase And Β-Glucuronidase As Salivary Biochemical Markers Of Periodontitis Among Smokers And Non-Smokers, Syed A. Ali, Ravi L. Telgi, Amit Tantry, Irfan Q., Abdul Aleem

Sultan Qaboos University Medical Journal

Objectives: This study aimed to establish lactate dehydrogenase (LDH) and β-glucuronidase as salivary biomarkers of periodontitis among smokers and non-smokers. Methods: This cross-sectional case-control study was conducted at the Aligarh Muslim University, Aligarh, India, between January and June 2017. A total of 200 participants were divided into four groups based on their periodontal and smoking statuses. Unstimulated mixed saliva samples were collected to estimate LDH and β-glucuronidase levels. In addition, total protein was estimated using Lowry’s method. Results: There was a significant increase in enzyme activity in the periodontitis groups compared to the non-periodontitis groups (P <0.001). However, significantly lower enzyme activity was observed among smokers, irrespective of periodontal status (P <0.001). Nevertheless, a receiver operating characteristic curve analysis indicated the diagnostic potential of both enzymes to be fair-to-excellent. Conclusion: Although smoking was found to significantly alter enzyme activity, LDH and β-glucuronidase were reliable salivary biomarkers of periodontitis among both smokers and non-smokers.

Introduction To The Protection Of Non-Traditional Trademarks: Critical Perspectives, Irene Calboli

Faculty Scholarship

During the past decades, the domain of trademark law and the scope of trademark protection have been expanded significantly. The flexible application of prerequisites for registration has paved the way for the recognition of a wide variety of signs as subject matter eligible for trademark protection. This includes single colors, shapes, sounds, smells, video clips, holograms, and even gestures. However, this expansion of the scope of trademark protection has been accompanied only by a partial expansion of the grounds for refusal relating to these registrations and the creation of defenses that permit unauthorized use in the interest of freedom of …

Review Of Double Taxation And The League Of Nations, Reuven S. Avi-Yonah

Reviews

Should we continue adapting the OECD Model to address tax challenges arising from digitalization of the economy or has the time come for radical reform? Sunita Jogarajan asked that question in her last study of the League of Nations' work on double taxation in the 1920s. The historical analysis provided in her book seems to suggest that the international tax regime will continue to inevitably evolve and the OECD Model can adapt. Her extensive archival research, conducted at the League of Nations Archives, the United Kingdom National Archives (London) and the Seligman Archives, Columbia University (New York), clearly demonstrates that …

Dichotomous Scoring Of Tdp-43 Proteinopathy From Specific Brain Regions In 27 Academic Research Centers: Associations With Alzheimer's Disease And Cerebrovascular Disease Pathologies, Yuriko Katsumata, David W. Fardo, Walter A. Kukull, Peter T. Nelson

Biostatistics Faculty Publications

TAR-DNA binding protein 43 (TDP-43) proteinopathy is a common brain pathology in elderly persons, but much remains to be learned about this high-morbidity condition. Published stage-based systems for operationalizing disease severity rely on the involvement (presence/absence) of pathology in specific anatomic regions. To examine the comorbidities associated with TDP-43 pathology in aged individuals, we studied data from the National Alzheimer’s Coordinating Center (NACC) Neuropathology Data Set. Data were analyzed from 929 included subjects with available TDP-43 pathology information, sourced from 27 different American Alzheimer’s Disease Centers (ADCs). Cases with relatively unusual diseases including autopsy-proven frontotemporal lobar degeneration (FTLD-TDP or FTLD-tau) …

2008 - San Antonio And Nacimiento Rivers Watershed Management Plan

Miscellaneous Monterey and San Luis Obispo County Documents and Reports

The purpose of the San Antonio and Nacimiento Rivers Watersheds Management Plan is to identify the existing conditions of and stresses in these watersheds as they relate to water quality, and recommend methods for reducing or eliminating those stressors such as alternative land use practices. The plan was created to:

􀂃 The reservoirs and their respective watersheds are the source for water recharging the Salinas Valley groundwater basin.

􀂃 There is a direct correlation between the health of these watersheds and the supply and quality of water for the Salinas Valley.

􀂃 The Salinas Valley’s population and economy are dependent …

2003 - Deep Aquifer Investigation - Hydrogeologic Data Inventory, Review, Interpretation And Implications

Miscellaneous Monterey and San Luis Obispo County Documents and Reports

The “deep aquifer” designation derives from the history of water resource development in Monterey County. Advancing seawater intrusion, first, in the 180-foot aquifer, and subsequently in the 400-foot aquifer, forced ground water users to progressively driller deeper to find fresh water. The first deep aquifer water well was drilled in 1976. In order to develop an improved understanding of the regional ground water resource, this technical memorandum attempts to integrate all available data on the aquifer systems underlying the 180- and 400-foot aquifers of the Salinas Valley. The available data set for the deep aquifer is scanty. These data are …

Non-Traditional Trademarks: The Error Costs Of Making An Exception The Rule, Glynn Lunney

Faculty Scholarship

Over the last sixty years, courts and the USPTO have engaged in an ill-advised expansion of trademark subject matter. Where once only words or emblems attached to a product could serve as a trademark, today a product’s design or packaging itself may receive such protection. This expansion was and is a mistake. There may indeed be rare cases where a product’s design or packaging conveys brand-specific information and could receive protection without impairing competitor’s ability to offer substitutes. Such cases are the exception and not the rule, however. Extending the strong legal presumptions and property-like protection trademark law provides to …

Hands Off “My” Colors, Patterns, And Shapes! How Non-Traditional Trademarks Promote Standardization And May Negatively Impact Creativity And Innovation, Irene Calboli

Faculty Scholarship

This chapter criticizes the protection of non-traditional trademarks (NTTMs) by focusing on three specific examples from the fashion industry: Louboutin, Gucci, and Bottega Veneta. In particular, besides repeating that granting exclusive rights to NTTMs equates in foreclosing competitors and third parties from using any identical and similar product design and products feature, this chapter highlights an additional problem related to the protection of NTTMs. Notably, that, by recognizing and protecting as marks elements that are product design and aesthetic product features, protecting these marks supports a system of intellectual property protection that promotes standardization, rather than creativity and innovation, in …

Fsec Meeting Minutes December 19, 2018, University Of Rhode Island Faculty Senate

Faculty Senate Executive Committee Minutes

No abstract provided.

Shenzhen’S Urban Villages: Dialogic Cultural Landscapes And Resilient Rituals, Z Latham, R Brown

School of Art, Design and Architecture

Rapid urbanisation is drastically reshaping our environment, destabilising traditional connections to place and notions of community, and with these the relationship between place and identity. In this context, how do we make sense of such change and how do we orient ourselves when prior notions of place and iden- tity are disrupted or lost? To address such questions this paper will draw upon Mikhail Bakhtin’s concept of di- alogism, and through themes of mutuality, simultaneity, malleability and mobility examine concepts of cultural landscape, nature and ritual. To pursue our study of this condition we have sited ourselves in the dramatically …

Implementing Lean Management Techniques At A Radiation Oncology Department, Mustafa M. Al-Balushi, Zahid Al-Mandhari

Sultan Qaboos University Medical Journal

Objectives: Lean management (LM) principles were first developed by a Japanese manufacturing company to maximise value and minimise waste in the automotive industry. However, these principles can also be applied in the healthcare sector. This study aimed to illustrate the process of implementing LM principles in a radiation oncology department to streamline workflow and identify and reduce waste. Methods: This study took place in the Department of Radiation Oncology, Royal Hospital, Muscat, Oman, in December 2016. A value stream map (VSM) was created for the chain of processes followed in the department. A waste analysis was conducted to determine which …