Digital Commons Network^™

Patent Forfeiture, Sean B. Seymore

Duke Law Journal

Patent law doesn’t look kindly on patent owners who engage in wrongdoing involving the patent. The U.S. Supreme Court and lower courts have refused to enforce patents tainted with inequitableness, fraud, or bad faith. This issue typically arises in patent litigation when an accused infringer asserts that the patent should be unenforceable if the patentee engaged in one of four proscribed activities: inequitable conduct (deliberate misrepresentations or omissions of material information from the Patent Office); patent misuse (anticompetitive licensing practices); unclean hands (business or litigation misconduct); or waiver/estoppel (a lack of candor before a standard-setting organization). This seems right—a patentee …

Building Trust(S): Rethinking Asset Return In Kleptocracy Forfeitures, Michael J. Biondi

Duke Law Journal

Kleptocracy, literally meaning “rule by thieves,” is a major destabilizing force in an already unstable world. Every year, corrupt government officials plunder billions of dollars rightfully belonging to their citizens and export them overseas. When these funds—often parked in luxury assets—reach the United States, federal prosecutors can seize them using a procedure known as nonconviction-based forfeiture. But after every such seizure, a question arises: How does the United States give stolen assets back to whom they belong? The United Nations Convention Against Corruption strongly encourages (or, in some circumstances, requires) forfeited assets to be returned to their state of origin …

Rethinking What Capacity Building Should Be — And Who Should Decide, Tamela A. Spicer, Trish Abalo

Research, Reports, and Publications

No abstract provided.

Speculative Constitutions In Ursula K. Le Guin’S Hainish Cycle And The Rights Of Nature, Ted Hamilton

Faculty Journal Articles

This paper examines two speculative examinations of humanity as a unified species and agent of ecological change: Ursula K. Le Guin’s Hainish Cycle and the rights of nature movement. Le Guin’s Cycle imagines the slow interplanetary reintegration of human polities against a backdrop of cultural and environmental difference. I read the novels of the Cycle as an allegory for the rights of nature movement, which seeks to synthesize traditional and modern knowledge in a legal solution to ecological crisis. Both discourses, I argue, productively imagine a new historical understanding of humanity’s place on Earth, but they provide a weak theory …

Met Amplification As A Resistance Driver To Tki Therapies In Lung Cancer: Clinical Challenges And Opportunities, Kang Qin, Lingzhi Hong, Jianjun Zhang, Xiuning Le

Faculty, Staff and Student Publications

Targeted therapy has emerged as an important pillar for the standard of care in oncogene-driven non-small cell lung cancer (NSCLC), which significantly improved outcomes of patients whose tumors harbor oncogenic driver mutations. However, tumors eventually develop resistance to targeted drugs, and mechanisms of resistance can be diverse.

Ay 2022/2023 Fs Meeting Minutes, 2023-01-18, Faculty Senate

Faculty Senate Archives

No abstract provided.

Ay 2022/2023 Fs Agenda, 2023-01-18, Faculty Senate

Faculty Senate Archives

No abstract provided.

Cementation And Groundwater Chemistry In Pleistocene Paleodune Deposits Of The Central Oregon Coast, Adrienne Lynn Stephens

Dissertations and Theses

Pleistocene paleodune deposits occur along the Oregon coast, underlying coastal towns, roadways, and associated power and water infrastructure(s). Secondary cementation within these deposits provides some stability, allowing for near-vertical sea cliffs and roadcut outcrops. Yet, slope instability is a prevalent hazard observed within the paleodune deposits. Weakening of cementing agents via changes to groundwater conditions due to altered vegetation, climate change, or contamination, for example, could promote slope instability, threatening lives and infrastructure. This study aims to investigate the variability in the type and degree of cementation and to determine how they are affected by changes in groundwater conditions.

To …

Organizational Readiness Assessment For Fraud Detection And Prevention: Case Of Airlines Sector And Electronic Payment, Sultan Ayed Alghamdi

Dissertations and Theses

Payment processing systems have advanced significantly in the airline business. Because e-payments are easy, they have captured the attention of many companies in the aviation industry and are quickly becoming the dominant means of payment. However, as technology advances, fraud grows at a comparable rate. Over the years, there has been a surge in payment fraud incidents in the airline sector, reducing the platform's trustworthiness. Despite attempts to eliminate e-payment fraud, decision-makers lack the technical expertise required to use the finest fraud detection and prevention assessments; this research recognizes the lack of an established decision model as a hurdle and …

Book Review On Sculpting The Self: Islam, Selfhood And Human Flourishing (By Muhammad Faruque), Mohammad Azadpur

Comparative Philosophy

No abstract provided.

Illuminating Chinese Aesthetics With Kant’S Account Of Genius? Possibility And Difficulty, Kefu Zhu

Comparative Philosophy

Many scholars interpret Chinese Aesthetics with the Kantian theory of genius because they seem to form a parallel: similar innate and spontaneous mental talents that exceed normal cognition and imagination generates beautiful arts with similar extraordinary qualities. I argue that projecting Kant’s genius to illuminate the creative power analogically, i.e., the carefree-wandering mind, is infeasible. The theory of genius assumes a critical project that stipulates a valuable way to exercise the power of judgment. Genius is only a postulated idea for successfully making aesthetic judgments on artworks. In contrast, the carefree-wandering mind assumes a Daoist metaphysical-ethical theory centering on the …

Zero, Śūnya And Pūrṇa: A Comparative Analysis, Animisha Tewari

Comparative Philosophy

Due to apparent duality in this world, one has to face a lot of difficulties while searching for the Truth. Our ego is the root cause for perception of duality and this in turn leads to suffering. This suffering can only be extinguished by attainment of the Truth, i.e, non-duality. However, in order to enable the finite intellect to comprehend the incomprehensible non-duality, this undifferentiated whole is sometimes denoted by nothingness (śūnya) or fullness (pūrṇa). Non-duality is usually understood by the numeral ‘1’ which stands for unity or oneness. The main aim of this paper is …

The Best Confucian Hybrid Meritocracy-Democracy For Liberal Democracies, John J. Park

Comparative Philosophy

Several contemporary Confucian philosophers have posited differing hybrid views fusing meritocracy to democracy. There is a good deal of interest in a meritocracy in contemporary Confucian thought, and such a view perhaps should receive more serious consideration in liberal democratic thought since it may make for a stronger form of government when appended to democracy. In this paper, four contemporary hybrid theorists who combine elements of a meritocracy with a democracy are critically analyzed concerning an ability for their views to be instantiated in liberal democracies for the legislative branch only. Finally, I provide a modified hybrid view for the …

Ubuntu’S Ontological Account In African Philosophy And Its Cross-Tradition Engagement On The Issue Of Being Versus Becoming, Anthony Chimankpam Ojimba

Comparative Philosophy

This paper x-rays Ramose’s ubuntu ontological account in African philosophy and its cross-tradition engagement on the issue of being versus becoming (such as the Yin-Yang, Heraclitean, Nietzschean, Whiteheadean and the Buddhists’ accounts) with a view to showing how convergence and divergence of thoughts in the African, European, and Asian philosophy contexts can advance cross-cultural philosophizing or cross-tradition approach to doing philosophy. Ramose’s ubuntu ontology designates a reconstruction of reality within the framework of motion, as captured in his concept of be-ing-becoming, while the Heraclitean, Nietzschean, Whiteheadean and the Buddhists’ ontological accounts also conceive reality within the confines of endless …

Caducitas And Śūnyatā: A Neoplatonist Reading Of Nāgārjuna, Fabien Muller

Comparative Philosophy

In this paper I am addressing the question whether Nāgārjuna’s doctrine should be understood as a theory that describes reality itself (ontology) or as a theory of our relation to reality (epistemological, logical, psychological, etc.). To answer this question, I propose to compare Nāgārjuna’s concept of emptiness to that of ‘caducity’, a key element in the ontology of Renaissance Neoplatonist philosopher Francisco Patrizi. By showing that these concepts are similar, I argue that Nāgārjuna’s standpoint can be considered as that of ontology.

Ineffability, Emptiness And The Aesthetics Of Logic, Andreas Kapsner

Comparative Philosophy

In this essay, I explore the nature of the logical analysis of Buddhist thought that Graham Priest has offered in his book The Fifth Corner of Four (5of4). The paper traces the development of a logical value in- troduced in 5of4, which Priest has called e. The paper points out that certain criticisms I have made earlier still stand, but focuses on a recon- ceptualization of 5of4 in which these arguments carry less weight. This new perspective on the book, inspired by a response to my arguments by Priest himself, sees the logical analysis of Buddhism …

Social Justice In India: A Comparative Study Of Rawls And Ambedkar, Abinash Darnal

Comparative Philosophy

Justice has always been central to political philosophy over a period of time. No doubt, throughout the ages, countless philosophers have understood justice in different ways. Nevertheless, they have consented that a good society is a just society. Moreover, justice is a distributive concept and is concerned with the distribution of wealth, leisure, liberty, friendship, love, etc. Twentieth century justice came to be discussed usually in relation to social life in general, and the distribution of material rewards in particular and usually came to be known as ‘Social Justice’. Social justice as such came to be accepted as the fair …

Mexica Monism And Daoist Ethics In The Philosophy Of Gloria Anzaldúa, Saraliza Anzaldúa

Comparative Philosophy

Critical scholarship regarding the philosophy of Gloria Anzaldúa has proliferated in recent decades, especially in the fields of feminist theory, phenomenology, and epistemology. However, there is little analysis of the metaphysics which undergird their work and make possible their views on identity, experience, and community politics. First, this article will explore the significance of Anzaldúa’s ‘nos/otras’ and its relation to Mexica (Aztec) monistic metaphysics. Such a concept resists an us/them construction of the world because it situates the other as us: the Spanish word for ‘we’ is ‘nosotros’ and holds the ‘other/otros’ as its …

How The Tea Party Captured The Gop Insurgent Factions In American Politics, Zachary Morris

The Journal of Economics and Politics

Blum’s work provides a strong starting point to understand how factions can have a lasting impact on parties. Still, this work offers a theoretical framework to understand how insurgent factions such as the Tea Party can have a lasting effect on the Republican Party. This book review analyzes Blum’s work and provides analysis and gentle criticisms of this work. The Tea Party successfully renegotiated the ideological positions of the Republican Party by using confrontational tactics and challenging established GOP candidates. Through these insurgent tactics, the Tea Party reshaped the Republican Party to embrace reactionary conservatism. This transformation of the Republican …

The Methodology Of Multiple Regressions For Gdp Per Capita For Nations In The World Between 0 Ce And 1940, Robert Rogers

The Journal of Economics and Politics

A reduced-form model of GDP per capita is estimated using the classical econometric method and two Bayesian techniques, Extreme Bounds Analysis (EBA) and Bayesian Analysis of Classical Estimation (BACE) for the two millenniums. For several variables, such as the impact of colonialism, the Goldstone hypothesis of efflorescence increasing economic growth, and the impact of technology, this paper lends support, especially when the Bayesian methods are applied. Other results are mixed. Generally, the results support use of Bayesian methods by eliminating hypotheses that are not consistently supported over all models.

Frcp 4k

Civil Matter Files

No abstract provided.

Frcp 5

Civil Matter Files

No abstract provided.

Full Issue: Volume 1, Issue 1, Editorial Board

Crossings: Swarthmore Undergraduate Feminist Research Journal

No abstract provided.

Sex In The Bible: A Poetic Female Retelling, Gabriella Raffetto

Crossings: Swarthmore Undergraduate Feminist Research Journal

In my poetic analysis, I tease out the differences between Biblical and modern conceptions of rape. Many of my ‘episodes’ feature rape narratives between a husband and wife or concubine/slave; in the Biblical narrative, these relations were not considered rape, because rape only constituted relationships outside of legal bounds. In this way, I attempt to diversify preexisting stories in the Biblical narrative, making monsters out of praised patriarchs; even God is not safe from becoming the villain. In this way, I paint the patriarchal system in the Bible as a gothic house disguised in tradition and spirituality that women must …

Skin Stories And Family Feelings: The Contradictions Of Skin Picking In Mother And Daughter, Katrina Jacinto

Crossings: Swarthmore Undergraduate Feminist Research Journal

Skin picking, otherwise known as dermatillomania, is considered to be a medical disorder by the DSM-5. However, the embodied experiences of skin picking in myself and my mother do not align with the neat definitions offered by psychiatry. Through autoethnographic material and an ethnographic interview with my mother, I argue that skin picking is a bodily technique that is pathologized through stigma. In particular, I suggest that skin picking reveals the body as a polyvalent entity, in which the same features and practices take on different meanings in different bodies. This frames the discrepancies between mine, and my mother's, experiences. …

Malintzin: La Mujer Americana, Alma D. Elías Nájera

Crossings: Swarthmore Undergraduate Feminist Research Journal

Malintzin was a controversial Indigenous woman whose contributions to the Aztec conquest raised questions about what it meant to be a traitor with a limited agency. This essay recontextualizes Malintzin’s demonized identity and challenges masculinist sociocultural curations of gender, history, and knowledge production by infusing feminist theory into the cultural imaginaries of gender and racial stratification. By reintroducing Malintzin as a feminist emblematic figure trying to regain selfhood within an exploitative White cisheteropatriarchal society, her existence gives voice to those silenced by the violence of colonization, Manhood, and gender oppression. To do this, the author takes up the work of …

Sitting Here With You In The Future: Reimagining The Human Through Digital Art, Jared Z. Sloan

Crossings: Swarthmore Undergraduate Feminist Research Journal

This paper presents a novel construction of the Human that arises from digital art. Taking an interdisciplinary approach incorporating perspectives from queer theory, afropessimism, science and technology studies, and more, I analyze the works of three digital artists: Lucas LaRochelle, Arafa Hamadi, and Natalie Paneng. I chart the ways in which these artists negotiate borders between the physical and digital, human and non-human, and real and fantastical to challenge hegemonic Western ideas about humanity and the individual. I claim that by restricting the information available to the user in various ways, the picture of the Human that emerges from each …

The Afterlife Of Jennifer Laude: Trans Necropolitics And Trans Utopias, Max D. López Toledano

Crossings: Swarthmore Undergraduate Feminist Research Journal

Jennifer Laude is a filipino trans woman who was murdered by a visiting member of the United States army in 2014. Her murder led to several protests in the Philippines and in the United States led by both queer and anti-imperialist movements that urged for the rejection of the 'Visiting Forces Agreement' in the Philippines. This essay explores how Laude's murder is located in a climate of 'trans necropolitics' that allocates death and disposability to unruly trans and brown bodies who fail to comply with cis-normative gender ideals. This essay understands her murder (and her afterlife) beyond her individual body, …

“The Work We Came Here To Do”: Crossings, An Introduction, José E. Valdivia Heredia , '23

Crossings: Swarthmore Undergraduate Feminist Research Journal

No abstract provided.

Places In Purgatory: Accumulation Through Dispossession In U.S. Territories, Erin Mccracken

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.