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Nonexcludable Surgical Method Patents, Jonas Anderson

Scholarly Articles in Law Reviews & Journals

A patent consists of only one right: the right to exclude others from practicing the patented invention. However, one class of patents statutorily lacks the right to exclude direct infringers: surgical method patents are not enforceable against medical practitioners or health care facilities, which are the only realistic potential direct infringers of such patents. Despite this, inventors regularly file for (and receive) surgical method patents. Why would anyone incur the expense (more than $20,000 on average) of acquiring a patent on a surgical method if that patent cannot be used to keep people from using the patent?

The traditional answer …

Platform And Place: The Digitization Of Gift Economies, Sara A. Peters

Theses and Dissertations

Especially during times of economic and social upheaval, such as COVID-19, people may consider alternative means of acquiring the resources necessary for survival. These lifestyle shifts, or lifestyle movements, are often associated with economic alternatives to capitalism, such as gift economies. In recent years, many of these economies have shifted to digital platforms where members create and coordinate connections for exchanges. Using a case study of The Buy Nothing Project, an international network of local, digital gift economies, this paper explores the geographic and socioeconomic conditions facilitating the presence and activity of digital Buy Nothing Groups in two US states, …

On The Voronoi Conjecture For Combinatorially Voronoi Parallelohedra In Dimension 5, Mathieu Dutour Sikiric, Alexey Garber, Alexander Magazinov

School of Mathematical & Statistical Sciences Faculty Publications

In a recent paper, Garber, Gavrilyuk, and Magazinov [Discrete Comput. Geom., 53 (2015), pp. 245--260] proposed a sufficient combinatorial condition for a parallelohedron to be affinely Voronoi. We show that this condition holds for all 5-dimensional Voronoi parallelohedra. Consequently, the Voronoi conjecture in $\mathbb{R}^5$ holds if and only if every 5-dimensional parallelohedron is combinatorially Voronoi. Here, by saying that a parallelohedron $P$ is combinatorially Voronoi, we mean that $P$ is combinatorially equivalent to a Dirichlet--Voronoi polytope for some lattice $\Lambda$, and this combinatorial equivalence is naturally translated into equivalence of the tiling by copies of $P$ with …

Strategies And Devices For Improving Respiratory Drug Delivery To Infants And Children With Cystic Fibrosis, Karl Bass

Theses and Dissertations

Cystic Fibrosis (CF) is a degenerative disease, which causes thickening of the airway surface liquid and reduced mucociliary clearance, which provides an ideal habitat for bacterial infections. Early treatment of CF in children can prevent chronic infection, improve quality of life, and increase life expectancy. The most predominant bacteria found in CF-diseased lungs is Pseudomonas aeruginosa (Pa), which can be treated with inhaled tobramycin. Excipient enhanced growth (EEG) powder formulations are well suited for administering tobramycin to children, as the EEG approach provides minimal upper airway loss and targeted drug delivery. This method uses an initially small aerosol for high …

Adjusting For Dropout In Randomized Controlled Clinical Trials, Katharine Stromberg

Theses and Dissertations

Dropout is a common issue in randomized controlled clinical trials and can negatively impact the internal validity of a study and potentially bias the treatment effect. When subjects discontinue study participation, they are not being given the opportunity to gain from the investigational therapy as if they had remained in the study, defeating one of the main purposes of clinical trials, providing treatment. Specifically in unblinded studies, such as the wait-list control (WLC) design, dropout is often due to group membership. Subjects allocated to the control group often dropout at higher rates than in the treatment group. Adaptive designs have …

Collegiate Aviation Students Perceptions Of Female Representation In Collegiate Aviation And The U.S. Aviation Industry, Mallory K. Casebolt, Jam Khojasteh

Journal of Aviation/Aerospace Education & Research

While most industries have made noticeable increases of female professionals represented in the workplace, the U.S. aviation industry is still behind. According to Women in Aviation International (WAI), a nonprofit organization dedicated to the encouragement and advancement of women in all aviation career fields and interests, women make up less than 30% of non-pilot aviation careers and 7% of pilots are women (Women in Aviation International, 2019). This study sought the perceptions of collegiate aviation students concerning female representation in the aviation industry. Furthermore, this study sought to identify if female students encounter any difficulties based on gender at the …

Implementing Active Learning Techniques In An Undergraduate Aviation Meteorology Course, Daniel J. Halperin, Robert W. Eicher, Thomas A. Guinn, Joseph R. Keebler, Kim O. Chambers

Journal of Aviation/Aerospace Education & Research

A course in Aviation Weather is an integral component of multiple degree programs at Embry-Riddle Aeronautical University. Consequently, the course sustains large enrollments with several faculty teaching it. Efforts to promote a consistent experience for students resulted in primarily PowerPoint-based lectures. This paper describes a set of changes made to the course with the goal of improving students’ engagement, understanding, and retention of the course material that are consistent with effective teaching strategies based on prior research. Specifically, daily quizzes, Poll Everywhere questions, in-class activities, flipped classroom sessions, and assertion-evidence based lectures were introduced. These changes initially were implemented in …

Modeling And Control Of Cascaded Bridgeless Multilevel Rectifier Under Unbalanced Load Conditions, Sai Hemanth Kankanala

Masters Theses

“The goal of this project is to model and control a novel unidirectional cascaded multilevel bridgeless rectifier as an active front end in medium and high voltage applications. This topology has many advantages over a conventional cascaded H-bridge rectifier, such as lower implementation cost, higher reliability, and greater flexibility with similar power quality. The complete design process of the proposed converter is developed step by step in order to meet all the desired objectives. The steady-state mathematical model is used to develop a method for the voltage balancing of dc cells. Power factor analysis is discussed to mathematically derive requirements …

The Application Of Machine Learning Models In The Concussion Diagnosis Process, Sujit Subhash

Masters Theses

“Concussions represent a growing health concern and are challenging to diagnose and manage. Roughly four million concussions are diagnosed every year in the United States. Although research into the application of advanced metrics such as neuroimages and blood biomarkers has shown promise, they are yet to be implemented at a clinical level due to cost and reliability concerns. Therefore, concussion diagnosis is still reliant on clinical evaluations of symptoms, balance, and neurocognitive status and function. The lack of a universal threshold on these assessments makes the diagnosis process entirely reliant on a physician’s interpretation of these assessment scores. This study …

Quantifying Effects Of Sleep Deprivation On Cognitive Performance, Quang Nghia Le

Masters Theses

“The most commonly used metric for evaluating alertness and vigilance is the Psychomotor Vigilance Test (PVT), previous studies have indicated that alertness and vigilance can be affected by the lack of sleep as a function of sleep loss. This study explores methods to predict median psychomotor vigilance reaction times. The data used in this study comes from a series of tests and surveys conducted on volunteer students. The data set contains many potential predictors of PVT and one aspect of the study was to identify variables that are useful in prediction. The performances of various prediction methods that allow for …

Should We Expect Each Year In The Next Decade (2019–28) To Be Ranked Among The Top 10 Warmest Years Globally?, Anthony Arguez, Shannan Hurley, Anand Inamdar, Laurel Mahoney, Ahira Sanchez-Lugo, Lilian Yang

Political Science & Geography Faculty Publications

Annual rankings of global temperature are widely cited by media and the general public, not only to place the most recent year in a historical perspective, but also as a first-order metric of recent climate change that is easily digestible by the general public. Moreover, all annual NOAAGlobalTemp anomalies from 1880 (the earliest reading available) through the mid-1970s are well below anomalies of the top 10 warmest years in Table 1, even when considering the uncertainty of the NOAAGlobalTemp time series values. While we expect the algorithm's performance to be largely independent of any changes made to the way that …

Design And Comparison Of Unoptimized And Optimized Gray Code Multi-Level Systems, Shirly Adams Gamliel

Masters Theses

“As the conventional binary MOS-based VLSI technology is reaching limitations in chip area, speed, and power, new technologies are being researched. Some such technologies relate to multi-level logic design. This thesis explores the process and benefits of applying and optimizing multi-level design techniques to an existing Gray code binary system. Specifically, the multi-level system is designed using CoreMem technology and is optimized using Indira Dugganapally’s optimization techniques.

The first step is generating the n-bit binary and quaternary truth tables for an encoder’s Gray code output and additional desired data. Then, the data for each n-bit system is arranged in multi-level …

Modal Analysis As Non-Destructive Testing Technique For Additively Manufactured 304l Stainless Steel Parts, Tristan N. Cullom

Masters Theses

“Non-Destructive Testing (NDT) methods for Additively Manufactured (AM) parts is an ongoing field of research in the additive community due to its ability to determine if a part can be deemed viable for field usage. This study presents modal analysis as a NDT method for AM parts. For production builds that have multiple copies of the same part, a correcting technique can be used such that the frequencies of the parts under test can be reliably compared against each other, which saves both time and money compared to other traditional NDT methods. This study was able to develop a novel …

What Do Lawyers Contribute To Law & Economics?, Robert E. Scott, George G. Triantis

Faculty Scholarship

The law-and-economics movement has transformed the analysis of private law in the United States and, increasingly, around the world. As the field developed from 1970 to the early 2000s, scholars have developed countless insights about the operation and effects of law and legal institutions. Throughout this period, the discipline of law-and-economics has benefited from a partnership among trained economists and academic lawyers. Yet the tools that are used derive primarily from economics and not law. A logical question thus demands attention: what role do academic lawyers play in law-and-economics scholarship? In this Essay, we offer an interpretive theory of the …

Aromatase Inhibitors Plus Weight Loss Improves The Hormonal Profile Of Obese Hypogonadal Men Without Causing Major Side Effects, Georgia Colleluori, Rui Chen, Christie G Turin, Francesca Vigevano, Clifford Qualls, Biju Johnson, Sanjay Mediwala, Dennis T Villareal, Reina Armamento-Villareal

Faculty, Staff and Students Publications

Objective: In obese men, the increased expression of the aromatase enzyme in adipose tissue leads to high conversion of androgens to estrogens contributing to hypogonadotropic hypogonadism (HHG). Our objective is to evaluate efficacy and safety of weight loss (WL) plus aromatase inhibitor (AI) therapy in severely obese men with HHG. We hypothesize that AI+WL will be more effective as compared to WL alone in improving the hormonal profile, thus muscle strength and symptoms of HHG (primary outcomes), with no significant adverse effects on lean mass, metabolic profile, and bone mineral density (secondary outcomes).

Design: Randomized double-blind placebo-controlled pilot trial.

Methods: …

Executive Underreach, In Pandemics And Otherwise, David E. Pozen, Kim Lane Scheppele

Faculty Scholarship

Legal scholars are familiar with the problem of executive overreach, especially in emergencies. But sometimes, instead of being too audacious or extreme, a national executive's attempts to address a true threat prove far too limited and insubstantial. In this Essay, we seek to define and clarify the phenomenon of executive underreach, with special reference to the COVID-19 crisis; to outline ways in which such underreach may compromise constitutional governance and the international legal order; and to suggest a partial remedy.

Corporate Control, Dual Class, And The Limits Of Judicial Review, Zohar Goshen, Assaf Hamdani

Faculty Scholarship

Companies with a dual-class structure have increasingly been involved in high-profile battles over the reallocation of control rights. Google, for instance, sought to entrench its founders’ control by recapital­izing from a dual-class into a triple-class structure. The CBS board, in contrast, attempted to dilute its controlling shareholder by distributing a voting stock dividend that would empower minority shareholders to block a merger it perceived to be harmful. These cases raise a fundamental question at the heart of corporate law: What is the proper judicial response to self-dealing claims regarding reallocations of corporate control rights?

This Article shows that the reallocation …

The Eagle Theory, Thomas W. Merrill

Faculty Scholarship

This Article evaluates three interpretations of the Takings Clause capable of generating a regulatory takings doctrine. The first, the Epstein interpretation, puts primary emphasis on what it means to provide “just compensation” for takings; the second, the Penn Central interpretation, centers on what it means to “take” property; the third, which I call the Eagle theory, in honor of Steven Eagle, this year’s Brigham-Kanner prize recipient, focuses on when the government has taken “private property.” The Article argues that the Eagle theory has the most plausible basis in the original understanding of the Takings Clause, rests on a theory about …

Building A Law-And-Political-Economy Framework: Beyond The Twentieth-Century Synthesis, Jedediah S. Purdy, David Singh Grewal, Amy Kapczynski, K. Sabeel Rahman

Faculty Scholarship

We live in a time of interrelated crises. Economic inequality and precarity, and crises of democracy, climate change, and more raise significant challenges for legal scholarship and thought. “Neoliberal” premises undergird many fields of law and have helped authorize policies and practices that reaffirm the inequities of the current era. In particular, market efficiency, neutrality, and formal equality have rendered key kinds of power invisible, and generated a skepticism of democratic politics. The result of these presumptions is what we call the “Twentieth-Century Synthesis”: a pervasive view of law that encases “the market” from claims of justice and conceals it …

Board Compliance, John Armour, Brandon L. Garrett, Jeffrey N. Gordon, Geeyoung Min

Faculty Scholarship

What role do corporate boards play in compliance? Compliance programs are internal enforcement programs, whereby firms train, monitor and discipline employees with respect to applicable laws and regulations. Corporate enforcement and compliance failures could not be more high-profile, and have placed boards in the position of responding to systemic problems. Both case law on boards’ fiduciary duties and guidance from prosecutors suggest that the board should have a continuing role in overseeing compliance activity. Yet very little is actually known about the role of boards in compliance. This paper offers the first empirical account of public companies’ engagement with compliance …

Global Investor Protection: Securities Law Enforcement Around The World, Matthew Diller, Martin Gelter, Eugenio J. Cardenas, Merritt B. Fox, Geoffrey Jarvis, Pierre-Henri Conac, Todd Cosenza, Jill Fisch, Yuliya Guseva, Elad Roisman, Sean Griffith

Faculty Scholarship

Today's topic is a great one – one that is of central importance to the fairness of our markets and their integrity. The Securities and Exchange Commission (SEC) and the U.S. system of protecting the integrity of capital markets have long been seen as the gold standard. But does that continue to be true? Are there other systems and models that are, in fact, better than what we do here in the United States? We, of course, are filled with flaws and shortcomings of our own.

Complexity, Judgment, And Restraint, Gerard E. Lynch

Faculty Scholarship

I am honored to have been asked to give this year’s James Madison Lecture. I hesitate to single out any of my extraordinary predecessors at this podium – there are too many great judges to list, and too much risk of slighting any. So I will note only that the list includes both judges for whom I clerked more than forty years ago, Justice William J. Brennan, Jr., and Chief Judge Wilfred Feinberg, of the court on which I now serve. That long-ago law clerk could not have dreamed of being someday in a position once occupied by those two …

Discrete Rent-Seeking Games With An Application To Evidence Production, Giuseppe Dari-Mattiacci, Lewis A. Kornhauser

Faculty Scholarship

Evidence production at trial, the accumulation of patents in a technological race, and lobbying are contests that often involve strategic choices over a discrete set of options. The literature has primarily focused on games with continuous effort choices. We fill this gap by studying a rent-seeking game with discrete effort choices and, for a significant class of games, derive a transformation rule that allows one to find the equilibrium of the discrete game from the equilibrium of the continuous game, which is much simpler to identify. We also discuss the limits of this approach and how well the continuous game …

Some Issues On The Law Of Direct Damages (Us And Uk), Victor P. Goldberg

Faculty Scholarship

When a contract is breached, both U.S. and U.K. law provide that the non-breaching party should be made whole. The Uniform Commercial Code (“UCC”) provides that “[t]he remedies provided by this Act shall be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed.” The English version, going back to Robinson v. Harman, is “that where a party sustains a loss by reason of breach of contract, he is, so far as money can do it, to be placed in the same situation, with …

Preventing The Bad From Getting Worse: The End Of The World (Trade Organization) As We Know It?, Bernard Hoekman, Petros C. Mavroidis

Faculty Scholarship

Recent survey evidence and proposals made in long-running negotiations to improve WTO dispute settlement procedures illustrate that many stakeholders believe the system needs improvement. The Appellate Body crisis could have been avoided but for the use of consensus as WTO working practice. Resolving the crisis should prove possible because the matter mostly concerns a small number of more powerful WTO members. We make several proposals to revitalize the WTO appellate function but argue that unless the WTO becomes a locus for new rulemaking, re-establishing the appellate function will not prevent a steady decline in the salience of the organization. A …

The Paradox Of Contracting In Markets, Robert E. Scott

Faculty Scholarship

Traditional economic analysis distinguishes economic organization along three dimensions: firm, contract, and market. This categorization is misleading in any number of respects, but none more so than the assumption that contract and market are separate modes of exchange. In fact, other than barter, which is almost unknown in contemporary commercial transactions, every market transaction is implemented by contract. Thus, in markets the two modes of exchange are inextricably combined. Moreover, the vast majority of contract activity occurs in some form of market, so it does not require much loss of generalization to say that not only are contracts in all …

High-Luminosity Large Hadron Collider (Hl-Lhc): Technical Design Report, O. Aberle, C. Adorisio, A. Adraktas, M. Ady, J. Albertone, L. Alberty, M. Alcaide Leon, A. Alekou, D. Alesini, B. Almeida Ferreira, P. Alvarez-Lopez, G. Ambrosio, P. Andreu Munoz, M. Anerella, D. Angal-Kalinin, F. Antoniou, G. Apollinari, A. Apollonio, R. Appleby, I. Béjar Alonso, Jean Delayen, I. Zurbano Fernandez, Et Al., I. Béjar Alonso (Ed.), O. Brüning (Ed.), P. Fessia (Ed.), M. Lamont (Ed.), L. Rossi (Ed.), L. Tavian (Ed.), M. Zerlauth (Ed.)

Physics Faculty Publications

The Large Hadron Collider (LHC) is one of the largest scientific instruments ever built. Since opening up a new energy frontier for exploration in 2010, it has gathered a global user community of about 9000 scientists working in fundamental particle physics and the physics of hadronic matter at extreme temperature and density. To sustain and extend its discovery potential, the LHC will need a major upgrade in the 2020s. This will increase its instantaneous luminosity (rate of collisions) by a factor of five beyond the original design value and the integrated luminosity (total number of collisions) by a factor ten. …

Digital Holography Experiments With Degraded Temporal Coherence, Douglas E. Thornton, Davin Mao, Mark F. Spencer, Christopher A. Rice, Glen P. Perram

Faculty Publications

To simulate the effects of multiple-longitudinal modes and rapid fluctuations in center frequency, we use sinusoidal phase modulation and linewidth broadening, respectively. These effects allow us to degrade the temporal coherence of our master-oscillator laser, which we then use to conduct digital holography experiments. In turn, our results show that the coherence efficiency decreases quadratically with fringe visibility and that our measurements agree with our models to within 1.8% for sinusoidal phase modulation and 6.9% for linewidth broadening.

Executive Overreach And Underreach In The Pandemic, Kim Lane Scheppele, David E. Pozen

Faculty Scholarship

The pandemic that convulsed the globe in 2020 was long foretold but still surprising to many. Within a few months of its appearance, COVID-19 became one of the leading causes of death worldwide. Governments struggled at first to comprehend what was happening – and then reacted in very different ways. Most political leaders followed the advice of epidemiologists. Many declared states of emergency. A few pursued autocratic agendas. And some did almost nothing.

During emergencies, constitutional scholars normally worry about executive aggrandizement at the expense of human rights and democratic values. Emergencies often require national executives to act quickly and …

Democracy And Decolonization: How India Was Made, Madhav Khosla

Faculty Scholarship

For some years, the endurance of constitutional democracy in India has been a puzzle for political scientists and public law scholars. The creation of self-government on Indian soil challenged Western political theory and history, and its survival in atypical and unusual circumstances has mystified students of comparative politics. If the conventional wisdom is believed, self-rule in a country with major levels of poverty, illiteracy, and diversity should neither have been instituted nor sustained. India has managed to hold elections with remarkable regularity, and it boasts of a constitutional culture where conflict has, for the most part, been articulated through legal …