Digital Commons Network^™

Bright Stars Or Unreliable Compasses: Navigating Patent Definiteness During The Fourth Industrial Revolution, N. Thane Bauz

Texas A&M Journal of Property Law

This Article traces the evolution of the definiteness requirement over the course of two centuries. From the time of inventions relating to flour mills, the definiteness requirement evolved into the consequence for drafting uninterpretable claims. Without considering the reasons for this evolution, the Supreme Court in its Nautilus decision returned the standard for assessing definiteness to its root form. Given the consequences are the loss of patent rights, this Article grapples with the Supreme Court’s decision during an era where complex and convergent technologies are more commonplace. The Article also analyzes empirical evidence six years before and six years after …

Biotechnology Patent Law Top Ten Of 2020: Valeant Victorious, Falling Eagle, And Successful Slayback, Kevin E. Noonan, Andrew W. Torrance

Texas A&M Journal of Property Law

This Article discusses the Top 10 BioTechnology Patent Cases of 2020. Suffice it to say that biotechnology patent law will continue to vigorously evolve, and we plan to continue our coverage of its evolution beyond the current trilogy of Biotechnology Patent Law Top Tens. As in previous years, we admit it was difficult to choose precisely ten top biotechnology patent law decisions. There are certainly others we did not include that warrant close attention for their reasonings, rules, and future implications. Nevertheless, both we and our readers can count, so we have done our best to select what we consider …

Program Review: Calvin T. Ryan Library, Janet Wilke, Laurinda Weisse, David Arredondo, Lindsay Brownfield, Rachel Hammer, Jenny Haddon, Bobbi Ludwig, Rochelle Reeves, Calvin T Ryan Library Staff

Academic Program Reviews

No abstract provided.

Marsy’S Law In Georgia: Are Domestic Violence Victims Actually Being Protected By The Law?, Victoria Hannes

Honors College Theses

Marsy's Law, or the Victims Bill of Rights legislation, was first passed in California in 2008 and has been adopted by 13 states. In 2019, Georgia was added to the list of states that adopted the policy. While an important step for the victims' rights movement, little is known about how Marsy's Law impacts the landscape of victims’ rights at the local level. Therefore, the current study endeavored to explore how Marsy's Law is shaping the landscape of victims’ rights for domestic violence victims in Coastal Georgia. Guided by the zero-sum conceptualization of victims' rights, the study investigated the law's …

Down The Rabbit Hole: Understanding The Instigators Of The Qanon Conspiracy, Trevor Mcnally

Student Scholar Symposium Abstracts and Posters

Conspiratorial ideas have permeated the American ethos for decades. Whether it be Hollywood faking the moon landing to government involvement in the 9/11 attacks on the twin towers, there has always been a subsection of the population who believes larger relevant forces are at work. As humanity moves towards a more digital existence, conspiracy theorists also have advanced; enter Qanon. This paper will attempt to deduce the correlation between members of the Qanon community and what external factors could drive one to this belief. Qanon is a conspiratorial community that has attached itself to former President Donald Trump; their thoughts …

Thrombectomy For Large‐Vessel Occlusion With Pretreatment Intracranial Hemorrhage, Daniel A. Tonetti, Shashvat M. Desai, Stephanie Casillo, Sohum Desai, Ameer E. Hassan, Gabriel Flores-Milan, Maxim Mokin, Mudassir Farooqui, Santiago Ortega‐Gutierrez, Ashutosh P. Jadhav

School of Medicine Publications

Background

Many patients treated with endovascular thrombectomy (EVT) in clinical practice would not have qualified for inclusion in the initial clinical trials demonstrating benefit for EVT, yet likely will benefit from reperfusion. One such subset for which data are sparse is patients with emergent large‐vessel occlusion and concomitant intracranial hemorrhage (ICH). The objective of this report is to document patients who underwent thrombectomy for large‐vessel occlusion in the presence of concomitant ICH and evaluate their clinical characteristics and outcomes.

Methods

We retrospectively reviewed prospectively collected patient records at 4 comprehensive stroke centers from 2012 to 2019. Patients were identified who …

Resiliency In The Shadows Of The Ivory Tower: Examining The Strategies Utilized By Undocumented Students To Succeed In Higher Education, Estefany Paniagua-Pardo M.Ed

Masters Theses

Undocumented students experience uniquely distinctive barriers in their pursuit of postsecondary education. The purpose of this study was to explore the ways in which undocumented students make meaning of their lived experiences by examining the various dimensions of their educational journey outside of the broader legal and political context. The study specifically highlighted undocumented student stories to investigate the strategies used by individuals to survive, persevere, and navigate institutions of higher education. Rooted in Yosso’s (2005) Community Cultural Wealth Model, this qualitative study used semi-structured interview methodology to unveil the ways in which undocumented students utilize numerous and intersecting forms …

Gender-Typing And Sports: The Perception Of Gender For Group And Individual Sports Among College Students And Adults, Nicki Zenker

Theses and Dissertations

While female sports have continued to rise since the passing of Title IX, there is still a perception that sports are a domain for men. This study seeks to expand on previous research and provide an update on how sports are viewed in the U.S in light of gender norms.

​​​​From Repression To Appropriation: Soviet Religious Policy And Reform, 1917-1943, Andriy Dyachenko

Theses and Dissertations

This thesis analyses the dynamics of religious reform in the USSR from 1917 to 1943. It argues that the early Bolshevik policy of persecution was increasingly substituted by state co-optation. This dynamic was shaped primarily by Stalinist concerns with state security and problems of ideology.

Uncovering The Layers Of Compassion: A Study In The Cultural Implications Of An Emotion, Suzan Jespersen

Theses and Dissertations

This thesis is a study of compassion in American society and how it is conveyed in volunteerism based on ethnographic research conducted at a non-profit organization. I challenge the idea that compassion is a universal and instinctive emotion. Instead, I focus on the relationship between emotions, society, and power.

The Portrait And The Pedagogical Object: Art, Advertising, And Commerce In The Works Of Marcel Broodthaers, 1968-1971, D'Arcy Blake

Theses and Dissertations

This thesis examines the opposition of language and object and the roles of art, poetry, advertising, and commodity in Marcel Broodthaers’s van Laack ad (1971). Through a theoretical analysis of Broodthaers’s works from 1968-1971, this study situates the enigmatic van Laack ad as one of the Belgian artist’s most significant, yet overlooked artworks.

The Construction And Defense Of Artistic Authorship In Contemporary Copyright Disputes, Sophie Bell

Theses and Dissertations

Through the lens of three contemporary copyright infringement cases, this thesis examines topics in the field of art law, each grounded in the recent history of art and its controversies, in order to illuminate the unique set of legal conditions shaping contemporary artmaking, sale, and exhibition in the United States.

Rethinking Watteau In The Context Of Early Eighteenth-Century Bourgeois Culture, Bronwyn C. Roe

Theses and Dissertations

This thesis reexamines the work of Antoine Watteau through a social-art historical lens. Traditionally, Watteau's fêtes galantes have been closely aligned to the culture of the French nobility. However, a closer look into the artist's background, training, social milieu, and the class identity of his primary buyers reveals an alternative class alignment, inviting new interpretations for Watteau's most elusive work. This thesis challenges the close association between Watteau and the French nobility and aims to broaden the socio-visual landscape from which Watteau was drawing, namely that of a burgeoning bourgeois consumer culture. In particular, the culture of emulation, with its …

Through The Eye Of The Needle: Embroidery As A Tool For Intimacy, Feminism, And Activism, Kristin D. Howell

Theses and Dissertations

This thesis explores the work of contemporary women artists who utilize embroidery as their primary medium. The careful execution of each artwork, whether created by career artists or amateur participants in artist-led projects, simultaneously engages with the legacy of the embroidery arts and explores new strategies of expression.

Black And Silver Screens: Afropessimism And Filmic Appropriation In Contemporary Video Art, Madeleine A. Seidel

Theses and Dissertations

This thesis looks at the video works of artists Ulysses Jenkins, Ina Archer, and Garrett Bradley and their appropriation of images of Black actors in Classic Hollywood films through the theoretical framework of afropessimism.

The Sole Result Is The Game, Julia Taszycka

Theses and Dissertations

I address the idea of the game understood both from the perspective of the art world and the socio-economic system. My recent projects have been based almost entirely on found objects, bearing strong traces of damage, deterioration, and destruction.

I Still Love You, Despite Everything, Amy Bravo

Theses and Dissertations

My practice seeks to reconcile the family—be it a found, queer family, or blood relatives. Addressing ancestral conflict, the complications of US/Cuba relations and my physical and cultural distance from the island I hail from, my work offers another world for communing with those you cannot physically reach.

Can You Dig It? Yes, You Can! But At What Cost?: A Proposal For The Protection Of Domestic Fossils On Private Land, Bridget Roddy

Texas A&M Journal of Property Law

Paleontological resources require similar protections to archaeological resources because the threat of looting, improper excavation, and market demand are analogous. Paleontological resources are responsible for informing much of scientists’ understanding of evolution and the history of the planet, just as cultural property helps to inform the evolution of humanity and culture. Once either object is removed from its original context, there is an immediate and invaluable loss of information that could have illuminated important information about the past. When either is removed from the environment in which they were created, a nonrenewable link to the past is lost.

Existing laws …

Examining The Relationship Between Environmental Justice And The Lack Of Diversity In Environmental Organizations, Haley Walter

Richmond Public Interest Law Review

This article highlights the ongoing lack of diversity in each of the

three major types of environmental organizations—conservation and

preservation organizations, governmental agencies, and environmental

grantmaking foundations—and assesses how this lack of diversity

has historically marginalized people of color. Assessing the history of

how the environmental movement has marginalized people of color is

key because from this marginalization grew the rise of the environmental

justice movement and recognition from the legal system of environmental

issues that disproportionately impacted people of color. Last,

this article presents solutions on how environmental organizations can

increase and retain diversity in their staff and leadership …

Expanding American Indian Land Stewardship: An Environmental Solution For A Country In Crisis, Haley Edmonds

Richmond Public Interest Law Review

Land is the central foundation around which all life is formed. Therefore,

societies must have a stable connection with the land in order to be structurally

sound. If this connection is weak or inflexible, every building-block of

civilization laid on top of it will inevitably crumble. Some societies have established

stable relationships with the land by working around and responding

to nature’s rhythms in order to satisfy their needs. Whereas other societies

have ignored nature’s intricacies and instead have tried to strong-arm

nature into yielding to their whims. These two diametrically

opposed approaches to conceiving of humans’ relationship with the …

Technologically Improving Textualism, Jeffrey W. Stempel, Erik S. Knutsen

Nevada Law Journal Forum

The textualist approach to construing statutes, regulations, contracts, and other documents remains dominant but has drawbacks, most significantly its tendency to disregard probative evidence of textual meaning in favor of isolated judicial impressions and dictionary definitions. Although a broader, contextual, “integrative” approach to interpretation is preferable, the hegemony of textualism, even extreme textualism, is unlikely to recede soon. Textualism can be substantially improved, however, through effective use of a form of big data—the corpus linguistics approach to discerning word meaning. By enlarging the universe of sources about how words are actually used, corpus linguistics represents a significant improvement over imperial …

Reception Of Classical Material In The Argument Of Charles Loyseau's Traité Des Ordres Et Simples Dignités, Matt Nelson

Departmental Honors & Graduate Capstone Projects

Charles Loyseau (1564-1627) was a French jurist who wrote during the reigns of Henry IV and Louis XIII – the first two kings of the Bourbon dynasty. Throughout his career, Loyseau wrote several argumentative treatises either contesting royal edicts or supporting royal law against popular dissent. His most influential work was his 1610 publication Traité des ordres et simples dignites. In it, he helped establish a French social structure of three distinct orders: the Clergy, the Nobility, and the so-called Third Estate consisting of the rest of the population. This system later became known as the Ancien Régime after the …

Answers To Questions Concerning Statutory Obligations For Reporting Requirements (And Penalties) Owed To Unleased Mineral Interest Owners, Lessors, And Overriding Royalty Interest Owners, Kelly Perrier

LSU Journal of Energy Law and Resources

No abstract provided.

Flip Or Flop: Proper Determination Of The Valuation For Disaster-Damaged Property In A Changing Climate, Brianne M. Bennett

LSU Journal of Energy Law and Resources

No abstract provided.

Non-Refoulement, Withholding, And Private Persecution, Dyllan Moreno Taxman

Louisiana Law Review

No abstract provided.

You Can Go Your Own Way: The Failings Of Teague V. Lane And Why Louisiana Should Create Its Own Retroactivity Standard, Emma C. Looney

Louisiana Law Review

No abstract provided.

Comparative Property Law And The Pandemic: Vulnerability Theory And Resilient Property In An Age Of Crises, Marc L. Roark, Lorna Fox O’Mahony

Louisiana Law Review

Political and property crises present vital new questions for property theorists, and analyses of state responses to these crises cast new light on how property systems, and property law, adapt and evolve to meet complex challenges—while remaining institutionally resilient themselves. The novel coronavirus pandemic was an extreme, exceptional, unexpected, significant “shock” event, with financial, economic, social, cultural, and political impacts on a scale not experienced since at least the 1930s. The pandemic posed an unexpected, unpredictable, and urgent threat to human life that demanded immediate action, delivered under intense public scrutiny. The challenges were “wicked”: governments were compelled to act, …

Breaking The Chains Of A Habitually Offensive Penal System: An Examination Of Louisiana’S Habitual-Offender Statute With Recommendations For Continued Reform, Harper G. Street

Louisiana Law Review

No abstract provided.

Finding Their Chrysanthemum: Linguistic Representation In Children's Literature, Marielena Zajac

Master of Arts in Professional Writing Capstones

Children in America today struggle with finding themselves in the books they read due to societal expectations. From an early age, children are dictated on the correct way to speak and write in “American,” which can leave children and their home languages feeling unseen and dismissed. To help further the conversation and promotion of linguistic diversity in American society, this capstone analyzes dialectal representation in children’s books, with a heavy focus on attitudinal linguistic principles rather than prescriptive mechanics. The secondary research explores current literature and resources that discuss literacy acquisition in adolescents, trends in dialects in America, and childhood …

Symposium Transcript

Richmond Public Interest Law Review

No abstract provided.