Digital Commons Network^™

Subsidies Code, Trips Agreement, And Technological Development: Some Consideration For Developing Countries, Irene Ribeiro Dubowy

Journal of Technology Law & Policy

A technology continues to develop, so does the importance of intellectual property (IP) in the balance of trade. As a result of this new-found focus on IP many developed countries welcomed the discussion of procurement and protection of innovation. The Uruguay Round of Negotiations of the World Trade Organization (WTO) produced a new agreement representing a two-fold achievement: first, the agreement devised a system of enforcing international IP rights; second, it addressed some concerns within the developing countries, namely, the strengthening of their technological basis.

In this Article, I will discuss the possibilities and limits for developing countries to achieve …

Just Turn North On State Street And Then Follow The Signs Given By The Federal Circuit: A Sophisticated Approach To The Patentability Of Computerized Business Methods, Kevin Michael Lemley

Journal of Technology Law & Policy

Some movies follow a basic formula: the protagonist overcomes seemingly impossible odds to defeat an invincible antagonist. The hero typically receives assistance from valuable supporting characters. One of the most common supporting characters is an eccentrically brilliant scientist. The scientist is an intriguing character because his home or laboratory is always filled with amazing inventions that the world has never seen. The scientist then gives the hero the perfect new device that will defeat the evil villain. Although this stroll down movie lane has little to do with business method patents for computerized processes, the example of the eccentric scientist …

Copyright Law: Intellectual Property Protection In Cyberspace, Stacey N. Penn

Journal of Technology Law & Policy

No abstract provided.

Markman Exposed: Continuing Problems With Markman Hearings, Mark R. Malek

Journal of Technology Law & Policy

No abstract provided.

The Privacy Privilege: Law Enforcement, Technology, And The Constitution, Susan W. Brenner

Journal of Technology Law & Policy

The movement of human activity into cyberspace must inevitably affect the law governing individual rights. Cyberspace creates new potentials for good and evil, for creative expression and criminal exploitation. This duality generates tension between our desire to encourage the freedom and autonomy that have thus far been the defining characteristics of cyberspace and our obligation to ensure that it is not used for unlawful purposes. Courts, legislators, and society as a whole must decide how to balance this need for effective law enforcement against out historical respect for individual rights and liberties. This article considers how that balance should be …

Copyright Law: Authorial Rights V. Publisher Privileges, Kymberly Pierce

Journal of Technology Law & Policy

No abstract provided.

Enhancing The Privacy Discourse: Consumer Information Gathering As Surveillance, Stan Karas

Journal of Technology Law & Policy

Much of the legal literature on privacy is concerned with the collection and dissemination of consumer information. Advances in technology have made it easier to compile information on our purchases and, partly because of the e-commerce explosion, there is more such information available. Owners of consumer information databases grimly and efficiently collect this information, compiling it into comprehensive consumer profiles that are available for sale to corporations and direct marketers. With few exceptions, permission to divulge or use this information is never asked; the data is collected, repackaged and sold as a matter of course. It is likely that consumer …

Using E-Dispute Technology To Facilitate The Resolution Of E-Contract Disputes: A Modest Proposal, Joseph A. Zavaletta

Journal of Technology Law & Policy

This Article begins by first analyzing the legal framework for e-contracting under the new federal E-SIGN law, the Uniform Electronic Transactions Act (UETA), and the latest draft of the Uniform Commercial Code (U.C.C.) Article 2 Sales. This Article then introduces the concept of Online Dispute Resolution (ODR), its short history, and moves to current ODR applications, discussing the strengths and weaknesses of ODR. Finally, this Article proposes an ODR model that could work to help facilitate e-contractual dispute resolution in a fair and cost-effective manner.

Junk Science In Federal Courts: Judicial Understanding Of Scientific Principles, Todd R. Samelman

Journal of Technology Law & Policy

No abstract provided.

Confusion, Illusion And The Death Of Trademark Law In Domain Name Disputes, Miguel C. Danielson

Journal of Technology Law & Policy

The first part of this Article provides an introduction to the technical issues and terminology relevant to domain name disputes. The second part of this Article will be devoted to showing how and why consumer confusion is being ignored instead of serving as the centerpiece of trademark infringement litigation in the Internet name context. Included in this second part will be a look at the UDRP and its failing as an attempt to resonate with any accuracy the principles of trademark law, as well as the newer concept of “initial interest” confusion appearing in a number of domain name disputes. …

The Time Has Come For Limited Liability For Operators Of True Anonymity Remailers In Cyberspace: An Examination Of The Possibilities And Perils, George F. Du Pont

Journal of Technology Law & Policy

This Article will examine the success and failure of past and present boundary lines and advances in cyberspace anonymity systems, and will consider the future of non-remailer anonymity in cyberspace such as possible peer-based anonymity message alternatives like Gnutella and Crowds. Furthermore, this Article will propose a template for a new generation of cyberspace anonymity that provides continuous, free, unlimited true anonymity to the masses through remailers while shielding the operator from liability and enabling governments to track and catch anonymous abusers.

The Scope Of Government Access To Copies Of Electronic Communications Stored With Internet Service Providers: A Review Of Legal Standards, Paul Taylor

Journal of Technology Law & Policy

The development of the Internet as a networked global communications medium involving many companies along a single transmission route, the expansion of in the range of transactions that occur “on-line,” and the increasing amount of information now stored with third party “Internet service providers” (ISPs) have produced a qualitative change in nature of communication, and accordingly, in the nature and amount of information that may be exposed to interception by the government. At the same time, modern electronic communications services that transmit e-mail, and the wide variety of attachments that may accompany them, are increasingly replacing the U.S. Postal Service …

Climate Resilient Potato Systems For The 21st Century And Beyond, Brett A. Lynn

Doctor of Plant Health Program: Dissertations and Student Research

Climate change’s effects will dramatically reshape food systems and food security in the twenty-first century and beyond. Given potato’s susceptibility to heat and drought, climate change is poised to disproportionately affect potato production. Globally, potato is the fourth most important crop and yields a higher caloric density than any other commercial crop. Thus, disruptions to potato production bear serious implications for global food security.

In the United States, considerable potato production occurs in the arid West, which already faces water scarcity. This scarcity is anticipated to increase in many areas due to climate change. In addition to scarcity, growers will …

Three Observations About Justice Alito's Draft Opinion In Dobbs - Commentary, John M. Greabe

Law Faculty Scholarship

[Excerpt] "There is much to say about Justice Samuel Alito's draft opinion in Dobbs v. Jackson Women's Health Organization, which was leaked from the United States Supreme Court on May 2 [2022].

Obviously, the most significant direct consequence of the proposed decision, which overrules Roe v. Wade (1973) and Planned Parenthood v. Casey (1992) while upholding the constitutionality of a Mississippi law that outlaws most abortions after 15 weeks of pregnancy, would be the restriction or elimination of abortion services throughout much of the nation. This will have all sorts of attendant consequences, large and smaller, many of which …

We Are ... Marshall, May 25, 2022, Office Of Marshall University Communications

We Are ... Marshall: the Newsletter for Marshall University 1999-2023

No abstract provided.

Association Mapping Across A Multitude Of Traits Collected In Diverse Environments In Maize, Ravi V. Mural, Guangchao Sun, Marcin Grzybowski, Michael C. Tross, Hongyu Jin, Christine Smith, Linsey Newton, Carson M. Andorf, Margaret R. Woodhouse, Addie M. Thompson, Brandi Sigmon, James C. Schnable

Center for Plant Science Innovation: Faculty Publications

Classical genetic studies have identified many cases of pleiotropy where mutations in individual genes alter many different phenotypes. Quantitative genetic studies of natural genetic variants frequently examine one or a few traits, limiting their potential to identify pleiotropic effects of natural genetic variants. Widely adopted community association panels have been employed by plant genetics communities to study the genetic basis of naturally occurring phenotypic variation in a wide range of traits. High-density genetic marker data—18M markers—from 2 partially overlapping maize association panels comprising 1,014 unique genotypes grown in field trials across at least 7 US states and scored for 162 …

A Simple Standard For Sharing Ontological Mappings (Sssom)., Nicolas Matentzoglu, James P Balhoff, Susan M. Bello, Chris Bizon, Matthew Brush, Tiffany J Callahan, Christopher G Chute, William D Duncan, Chris T Evelo, Davera Gabriel, John Graybeal, Alasdair Gray, Benjamin M Gyori, Melissa Haendel, Henriette Harmse, Nomi L Harris, Ian Harrow, Harshad B Hegde, Amelia L Hoyt, Charles T Hoyt, Dazhi Jiao, Ernesto Jiménez-Ruiz, Simon Jupp, Hyeongsik Kim, Sebastian Koehler, Thomas Liener, Qinqin Long, James Malone, James A Mclaughlin, Julie A Mcmurry, Sierra Moxon, Monica C Munoz-Torres, David Osumi-Sutherland, James A Overton, Bjoern Peters, Tim Putman, Núria Queralt-Rosinach, Kent Shefchek, Harold Solbrig, Anne Thessen, Tania Tudorache, Nicole Vasilevsky, Alex H Wagner, Christopher J Mungall

Faculty Research 2022

Despite progress in the development of standards for describing and exchanging scientific information, the lack of easy-to-use standards for mapping between different representations of the same or similar objects in different databases poses a major impediment to data integration and interoperability. Mappings often lack the metadata needed to be correctly interpreted and applied. For example, are two terms equivalent or merely related? Are they narrow or broad matches? Or are they associated in some other way? Such relationships between the mapped terms are often not documented, which leads to incorrect assumptions and makes them hard to use in scenarios that …

Musmorph, A Database Of Standardized Mouse Morphology Data For Morphometric Meta-Analyses., Jay Devine, Marta Vidal-García, Wei Liu, Amanda Neves, Lucas D Lo Vercio, Rebecca M Green, Heather A Richbourg, Marta Marchini, Colton M Unger, Audrey C Nickle, Bethany Radford, Nathan M Young, Paula N Gonzalez, Robert E Schuler, Alejandro Bugacov, Campbell Rolian, Christopher J Percival, Trevor Williams, Lee Niswander, Anne L Calof, Arthur D Lander, Axel Visel, Frank R Jirik, James M Cheverud, Ophir D Klein, Ramon Y Birnbaum, Amy E Merrill, Rebecca R Ackermann, Daniel Graf, Myriam Hemberger, Wendy Dean, Nils D Forkert, Stephen A Murray, Henrik Westerberg, Ralph S Marcucio, Benedikt Hallgrímsson

Faculty Research 2022

Complex morphological traits are the product of many genes with transient or lasting developmental effects that interact in anatomical context. Mouse models are a key resource for disentangling such effects, because they offer myriad tools for manipulating the genome in a controlled environment. Unfortunately, phenotypic data are often obtained using laboratory-specific protocols, resulting in self-contained datasets that are difficult to relate to one another for larger scale analyses. To enable meta-analyses of morphological variation, particularly in the craniofacial complex and brain, we created MusMorph, a database of standardized mouse morphology data spanning numerous genotypes and developmental stages, including E10.5, E11.5, …

Gerald Groff V. Louis Dejoy

2022 Decisions

USDC for the Eastern District of Pennsylvania

Unveiling The Mask Of Post-Race Legitimacy: Preserving White Supremacy Through The Use Of Colorblind Racism In Policy Preference, Vanessa Gonzalez

Senior Theses

Recent literature has brought attention to an avoidance of race-talk among Whites that not only attributes social inequalities to non-racial factors, but challenges the existence of racism at all, and reinforces the power of white supremacy in a way that is hard to detect. The paradigm shift from Jim Crow to colorblind racism simply demonstrates a practice of oppression that has been redefined and reshaped, but the foundation of our society that has been built on white supremacy and racial inequality has yet to change. In order to preserve this foundation, colorblind ideology has been used to implement coded language …

Mark Adams V. John Klein

2022 Decisions

USDC for the District of Delaware

Langdell And The Foundation Of Classical Contract Law, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.

Protecting The Constitution While Protecting Victims: Challenges To Pro Se Cross-Examination, Katharine L. Manning

Brooklyn Law Review

Defendants have constitutional rights to cross-examine witnesses and to represent themselves. But when these rights are combined, they can have devastating effects on crime victims. All too often, defendants use the rights in a last-ditch effort to harass, bully, and intimidate the crime’s victims, sometimes leading to a dismissal of charges altogether, as victims withdraw their testimony to avoid personal cross-examination by the defendant. It does not have to be this way. Numerous courts have allowed standby counsel to conduct cross-examination of the victim within constitutional constraints. This article explores the limitations courts have imposed on pro se cross-examination to …

Defense Counsel’S Cross Purposes: Prior Conviction Impeachment Of Prosecution Witnesses, Anna Roberts

Brooklyn Law Review

A broad scholarly coalition supports the prohibition or diminution of the impeachment of criminal defendants with their convictions. Yet scholars should pay more attention to the flipside arrangement: impeachment of prosecution witnesses by defense counsel. First, because those engaged in reform efforts need to resolve the competing interests: constitutional arguments on behalf of the defense, but, on the other hand, concerns about a tool that (regardless of the nature of the witness) risks reinforcing biases and stereotypes. Second, because the impossibility of adequate resolution is itself important to note. Whether one considers the conflicting values of rule-makers deciding whether to …

Dna Dystopia: How The National Security Apparatus Could Map The Entire Genome Of America Without Violating The Fourth Amendment Or The Constitutional Right To Privacy, Elias Rios Iii

Brooklyn Law Review

Over the past decade, scientific advances have allowed genetic testing to become accessible to consumers. Direct-to-consumer (DTC) DNA testing companies can analyze your DNA sample so you can learn about your family’s origins or whether you are genetically predisposed to a specific disease or disorder. Consumers can then send these analyzed files to third-party databases that aggregate genetic data for specific purposes, like helping law enforcement solve cold cases. Recently, the Department of Defense alerted servicemembers that DTC DNA tests were a national security threat. Simply put, when the national security apparatus finds a threat, it proactively seeks to neutralize …

Spatio-Temporal Variability In Drifting Fish Aggregating Device (Dfad) Beaching Events In The Seychelles Archipelago, Isla Macmillan, Martin J. Attrill, Taha Imzilen, Christophe Lett, Simon Walmsley, Clarus Chu, David M. Kaplan

School of Biological and Marine Sciences

Abstract Purse-seine fisheries use drifting Fish Aggregating Devices (dFADs), human-made floating objects, to facilitate the capture of tropical tunas. Currently, the majority of dFADs are constructed primarily of highly durable non-biodegradable materials and there is no legal obligation to recover dFADs after deployment, leading to beaching events and potentially negative environmental impacts. We assessed beachings as a function of intra- and inter-annual trends, water depth, distance from land, seasonality, and benthic habitat within the local context of the Seychelles Archipelago using trajectories of dFADs deployed by French purse seiners over 2008–2020. Overall, 3842 beaching events associated with 2371 distinct dFAD …

Powder Discharge Characteristics Of Pneumatic Double Pipe Directional Drilling In Broken Soft Coal Seams And Its Application, Nie Chao, Wang Yi, Yao Yafeng, Hong Jianjun

Coal Geology & Exploration

To study the influence of casing, casing bit size and casing rotational speed on pulverized coal discharge in double pipe directional drilling technology, three kinds of casing and casing bits in different sizes are designed respectively against the background of pneumatic double pipe directional drilling in the broken soft coal seam, the changes of the discharge rate and outlet velocity of pulverized coal under different combinations are analyzed, and the influence law of different casing rotational speeds on the suspension rate and conveying trajectory of pulverized coal are obtained. The numerical simulation results show that the ø120/96 mm casing with …

A Concise Synthetic Method For Constructing 3-Substituted Piperazine-2-Acetic Acid Esters From 1,2-Diamines, Srinivas Chamakuri, Sunny Ann Tang, Kevin A Tran, Shiva Krishna Reddy Guduru, Peter K Bolin, Kevin R Mackenzie, Damian W Young

Faculty, Staff and Students Publications

We report a short synthetic route for synthesizing 2,3-substituted piperazine acetic acid esters. Optically pure amino acids were efficiently converted into 1,2-diamines that could be utilized to deliver the title 2,3-substituted piperazines in five steps with a high enantiomeric purity. The novel route facilitated, for the first time, the synthesis of 3-phenyl substituted-2-piperazine acetic acid esters that were difficult to achieve using other methods; however, in this case, the products underwent racemization.

Biodegraders Of Large Woody Debris Across A Tidal Gradient In An Indonesian Mangrove Ecosystem, Iw Hendy, Jr Shipway, M Tupper, Et Al

School of Biological and Marine Sciences

There has been limited research on the breakdown, recycling, and flux of carbon from large woody detritus (LWD) in mangrove forests. The breakdown of LWD is caused by guilds of terrestrial and marine biodegrading organisms that degrade wood at a range of rates and efficiencies. Spatial variations in environmental factors within mangroves affect the distribution and community of biodegrading organisms, which, in turn, impacts carbon flow and sequestration. We reveal the role of biodegrading organisms in LWD breakdown and the environmental factors that influence the distribution of biodegrading guilds within a mangrove forest in South East Sulawesi that supports a …

Failure Analysis Of Deep Coal Seam Floor Considering Strain Softening Of Surrounding Rock And Formation Contact In Goaf, Yin Shangxian, Meng Haopeng, Qian Shuangbin

Coal Geology & Exploration

In order to study the failure mode of the floor in deep coal seam mining, we proposed a FLAC^3D finite difference numerical method considering the strain softening of surrounding rock and the contact of goafs .Through the qualitative analysis of Rankine’s earth pressure theory, the failure of the deep coal seam floor is studied based on the measured water conducting fracture zone of the floor in working face 2023 of Linxi Mine. The results show that the mechanical state of surrounding rock after plastic failure can be described more accurately by using the strain-softening constitutive relationship instead of the …