Digital Commons Network^™

A Fresh Look At Tests For Nonliteral Copyright Infringement, Pamela Samuelson

Northwestern University Law Review

Determining whether a copyright has been infringed is often straightforward in cases involving verbatim copying or slavish imitation. But when there are no literal similarities between the works at issue, ruling on infringement claims becomes more difficult. The Second and Ninth Circuits have developed five similar yet distinct tests for judging nonliteral copyright infringement. This Essay argues that each of these tests is flawed and that courts have generally failed to provide clear guidance about which test to apply in which kinds of cases.

This Essay offers seven specific strategies to improve the analysis of nonliteral infringements. Courts should do …

Originalism And The Ratification Of The Fourteenth Amendment, Thomas B. Colby

Northwestern University Law Review

Originalists have traditionally based the normative case for originalism primarily on principles of popular sovereignty: the Constitution owes its legitimacy as higher law to the fact that it was ratified by the American people through a supermajoritarian process. As such, it must be interpreted according to the original meaning that it had at the time of ratification. To give it another meaning today is to allow judges to enforce a legal rule that was never actually embraced and enacted by the people. Whatever the merits of this argument in general, it faces particular hurdles when applied to the Fourteenth Amendment. …

Agency Adjudication And Judicial Nondelegation: An Article Iii Canon, Mila Sohoni

Northwestern University Law Review

The rules governing judicial review of adjudication by federal agencies are insensitive to a critical separation of powers principle. Article III jurisprudence requires different treatment of agency adjudication depending on whether the agency is adjudicating a “private right” or a “public right.” When agencies adjudicate private rights, review of the agency adjudication must be available to an Article III court on a direct appellate basis. In contrast, Article III jurisprudence does not require review to an Article III court on a direct appellate basis of agency adjudications of purely public rights. That means that federal courts reviewing agency adjudications of …

Tour Guides And The Mediation Of Difficult Memories: The Case Of Dublin Castle, Ireland, Bernadette Quinn, Theresa Ryan

Articles

This research seeks to furthering understandings of how Tour Guides interpret memories at heritage sites when the memories at issue are difficult yet subtle and not always apparent to tourists. Specifically, it explores how Dublin Castle, formerly the seat of British rule in Ireland, is captured in narratives presented to tourists that often include Britons. Representing the site is made challenging because some visitors have little knowledge of the site's history, while others are well informed and hold strong political views. The findings show that Guides select largely depoliticized narratives, strongly influenced by their personal interests and experiences. Some hint …

The Team Production Model As A Paradigm, Brian R. Cheffins

Seattle University Law Review

Margaret Blair and Lynn Stout suggested a few years after the publication of their 1999 Virginia Law Review article, A Team Production Theory of Corporate Law, that their team production model was poised to emerge as part of a new corporate law “paradigm.” In so doing, they specifically invoked Thomas Kuhn’s well-known analysis of scientific revolutions. This Article revisits Blair and Stout’s team production theory by offering a critique of their claim that their model is destined to become a new corporate law paradigm in the Kuhnian sense. In so doing the Article draws upon key corporate law theories and …

Team Production & The Multinational Enterprise, Virginia Harper Ho

Seattle University Law Review

Margaret Blair and Lynn Stout’s path-breaking article, A Team Production Theory of Corporate Law, advances a dual thesis: first, that team production theory does a better job than its competitors (in particular, principal–agent theory) of explaining the advantages of the public corporation and key features of corporate law; and second, that, as a matter of corporate law, corporate boards are charged with advancing the collective interest of all the contributors to the corporate enterprise rather than the shareholders’ interests alone. Its central insight is that the role of the independent, or insulated, corporate board is to serve as a “mediating …

With The Emergence Of Public Benefit Corporations, Directors Of Traditional For-Profit Companies Should Tread Cautiously, But Welcome The Opportunity To Invest In Social Enterprise, Mckenzie Holden Granum

Seattle University Law Review

Social entrepreneurship has become the popular term used to describe business forms that aim to produce profits while also seeking to significantly advance one or more social or environmental goals. In response to an increase in social entrepreneurship across sectors—from progressive industries like organic farming to conservative industries such as insurance and banking—several states have adopted new corporate governance structures. Such legislation allows incorporating businesses to choose an off-the-shelf formation type that embeds a social mission into its legal structure. The bulk of the newly implemented statutory forms provide not only a new framework for social entrepreneurs to work within, …

A Theory Of The Just Corporation, Ronit Donyets-Kedar

Seattle University Law Review

In their seminal article A Team Production Theory of Corporate Law, Margaret Blair and Lynn Stout hold that the modern corporation is best understood in terms of team production. Challenging the principal–agent model, Blair and Stout offer an analysis that considers the various stakeholders of the corporation as members of a team. Accordingly, they suggest, the purpose of corporate law is to provide a response to the problems created by collective production processes, in particular those pertaining to the distribution of profits stemming from the cooperation. According to Blair and Stout, the solution to this problem is to be found …

Team Production Theory And Private Company Boards, Elizabeth Pollman

Seattle University Law Review

In their path-breaking article, A Team Production Theory of Corporate Law, Margaret Blair and Lynn Stout provided a new theory of the board of directors in a corporation. Drawing on the economic theory of team production, Blair and Stout argued that the board of directors serves as a mediating hierarchy for the firm as a whole, encouraging firm-specific investments from team members and reducing shirking and opportunistic behavior. While Blair and Stout provided a dramatically different view of the corporation from the conventional principal-agent account, they also delineated limitations to their proposed theory. Most importantly, they suggested that the …

Litigating Consumer Protection Acts In The Hamp Context, Amanda Martin

Seattle University Law Review

The foreclosure crisis has lingered despite the improving economy. To alleviate this crisis, the U.S. government implemented the Home Affordable Mortgage Program (HAMP), a Treasury-sponsored initiative that aims to prevent foreclosure by encouraging mortgage loan servicers to modify the mortgages of qualified homeowners. The Treasury Department has extended HAMP multiple times—from its original ending date in 2013 to its present ending date in 2016. While HAMP has indeed helped homeowners avoid foreclosure, the program has spawned an array of litigation as servicer misconduct runs rampant. As the Ninth Circuit recently noted, “the [HAMP] program seems to have created more litigation …

Copyright, Consumerism, And The Cloud: Proposing Standards-Essential Technology To Support First Sale In Digital Copyright, Marco Puccia

Seattle University Law Review

America’s entertainment industry, and the creative talent that drives it, is a national treasure. Equally valuable, however, is America’s drive and commitment toward technological innovation. These two sectors have been in tension since at least 1908, when the U.S. Supreme Court was asked to determine whether the makers of piano rolls for automatically playing pianos had to pay royalties to the composers. Since that time, the entertainment industry has continued to use copyright law to resist advances in technological innovation that it views as a threat to its existing business models. This Note seeks to provide the necessary context and …

Volume 88, Issue 9 (2015)

Obiter Dicta

No abstract provided.

Shareholder Wealth Maximization As Means To An End, Robert P. Bartlett, Iii

Seattle University Law Review

In several recent cases, the Delaware Chancery Court has emphasized that where a conflict of interest exists between holders of a company’s common stock and holders of its preferred stock, the standard of conduct for directors requires that they strive to maximize the value of the corporation for the benefit of its common stockholders rather than for its preferred stockholders. This article interrogates this view of directors’ fiduciary duties from the perspective of incomplete contracting theory. Building on the seminal work of Sanford Grossman and Oliver Hart, incomplete contracting theory examines the critical role of corporate control rights for addressing …

The Collegian (2015-01-19), Jesus Sanchez

UTB/TSC Archives - The Collegian [Newspaper]

Vol. 67, No. 16

The History Of Team Production Theory, Ron Harris

Seattle University Law Review

In this short Essay, the author consider the team production theory developed by Margaret Blair and Lynn Stout1 from a historical perspective, in three senses. First, does the theory fit the historical use of the corporate form? Second, can it explain the development of corporation law doctrines? And third, can we place the development of the theory as such into the intellectual history of corporation theories at large? The author will state my bottom line up front: while the Article finds the team production theory insightful and useful for my historical research, for teaching corporation law, and for thinking about …

Choosing The Partnership: English Business Organization Law During The Industrial Revolution, Ryan Bubb

Seattle University Law Review

For most of the period associated with the Industrial Revolution in Britain, English law restricted access to incorporation and the Bubble Act explicitly outlawed the formation of unincorporated joint stock companies with transferable shares. Furthermore, firms in the manufacturing industries most closely associated with the Industrial Revolution were overwhelmingly partnerships. These two facts have led some scholars to posit that the antiquated business organization law was a constraint on the structural transformation and growth that characterized the British economy during the period. Importantly, however, the vast majority of manufacturing firms in the modern sector were partnerships. An easy explanation for …

Altered Γ-Aminobutyric Acid Neurotransmission In Major Depressive Disorder: A Critical Review Of The Supporting Evidence And The Influence Of Serotonergic Antidepressants, Alan Pehrson, Connie Sanchez

Department of Psychology Faculty Scholarship and Creative Works

Evidence suggesting that central nervous system γ-aminobutyric acid (GABA) concentrations are reduced in patients with major depressive disorder (MDD) has been present since at least 1980, and this idea has recently gained support from more recent magnetic resonance spectroscopy data. These observations have led to the assumption that MDD’s underlying etiology is tied to an overall reduction in GABA-mediated inhibitory neurotransmission. In this paper, we review the mechanisms that govern GABA and glutamate concentrations in the brain, and provide a comprehensive and critical evaluation of the clinical data supporting reduced GABA neurotransmission in MDD. This review includes an evaluation of …

The Use Of A Video Self-Modeling Intervention To Decrease Disruptive Behaviors In Students With Intellectual Disability, David M. Sax

Doctoral Dissertations

The study utilized a multiple baseline design across participants to examine the effects of a video self-modeling intervention (VSM) on three middle school students showing high rates of disruptive classroom behaviors. All three students were receiving special education services through the classification of either intellectual disability or autism, and all had documented intellectual and adaptive functioning that met the criteria for an intellectual disability. The purpose of the study was to see whether VSM could reduce disruptive behaviors and if changes could be maintained after the end of treatment. Intervention procedure consisted of students watching videos exclusively showing themselves displaying …

Lanthorn, Vol. 49, No. 36, January 19, 2015, Grand Valley State University

Volume 49, July 7, 2014 - June 1, 2015

Lanthorn is Grand Valley State's student newspaper, published from 1968 to the present.

Experience Of Being An Insider And An Outsider During A Qualitative Study With Men Who Have Experienced Significant Weight Loss, Darren D. Moore

The Qualitative Report

The major question being answered in the study is, “What is the experience of being an insider/outsider in a study regarding men and significant weight loss?” The purpose of the paper is to explore the experience of being both an insider and an outsider, and specifically to discuss how researcher status and self-disclosure emerged and impacted the research process. The methodology used in the research study is narrative inquiry, specifically self-narrative. In the study, membership role status was found to be difficult to define, inherently complex, and arbitrary at times. Additional research on the topic of membership role status is …

The Free Press Vol 46 Issue 13, 01-19-2015, Sam Hill

Free Press, The

‘We are on the verge of being censured.’--Obama proposes two free years of community college--Enrollement continues to decline this semester--Former Maine AG makes case for immigration--USM professors help The Phoenix rise from the ashes--New dean to takover UMaine law school in July

The Intratextual Independent “Legislature” And The Elections Clause, Michael T. Morley

NULR Online

No abstract provided.

The Intratextual Independent “Legislature” And The Elections Clause, Michael T. Morley

NULR Online

No abstract provided.

January 18, 2015: How Serious Is Global Warming, Really?, Bruce Ledewitz

Hallowed Secularism

Blog post, “ How Serious is Global Warming, Really?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Pirker And Beyond: Questions Of Policy Versus Law On Unmanned Aerial Systems (Uas), Sarah Nilsson

Aviation / Aeronautics / Aerospace International Research Conference

The regulatory versus policy landscape for unmanned aerial system (UAS) users in the United States (US), as of February 2015, is not an easy one to navigate. The whole country is buzzing with the sound of this new technology, not just in terms of engine noise but more so in terms of the public outcry to the invasion of privacy. The federal government is currently drafting laws that will safely integrate these systems within the National Airspace System (NAS). Concurrently, at least 20 states, unable to wait patiently in the sidelines for such legislation, have implemented their own statutes to …

Sdsu Calf Value Discovery 2013/2014 Summary Report, J.A. Walker, W.C. Rusche

South Dakota Beef Report, 2015

The Calf Value Discovery Program (CVD) allows cow‐calf producers to gain knowledge of the finishing segment of the beef cattle industry and the marketing of fed cattle. Specifically, CVD provides an opportunity for cow‐calf producers to learn how their calves perform in a feedlot and their carcass value when sold in a value‐based marketing system. Each producer taking part in the program could consign 5 or more steers weighing between 500 and 800 pounds to the CVD program. Animals were finished at VanderWal Yards (Bruce, SD) in a calf‐fed program using typical diets and management protocols. Carcass and feedlot performance …

January 17, 2015 (Pages 271-400), Pennsylvania Legislative Reference Bureau

Volume 45 (2015)

No abstract provided.

Leland Library Inventory, Book Shelves And Storage Boxes, The Mickey Leland Papers & Collection Addendum. (Texas Southern University, 2015)

Series 15: The Mickey Leland Staff Files, 1978 - 1989

No abstract provided.

Microarray Enriched Gene Rank, Eugene Demidenko

Dartmouth Scholarship

We develop a new concept that reflects how genes are connected based on microarray data using the coefficient of determination (the squared Pearson correlation coefficient). Our gene rank combines a priori knowledge about gene connectivity, say, from the Gene Ontology (GO) database, and the microarray expression data at hand, called the microarray enriched gene rank, or simply gene rank (GR). GR, similarly to Google PageRank, is defined in a recursive fashion and is computed as the left maximum eigenvector of a stochastic matrix derived from microarray expression data. An efficient algorithm is devised that allows computation of GR for 50 …

Post-Secondary Academic Safety Programs, And The Need For A Practicum In Training., Timothy B. Holt

Aviation / Aeronautics / Aerospace International Research Conference

A lack of consistency among academic safety programs has prevented aviation organizations from having a dependable pool of reliably trained and prepared safety professionals to select from. Given the challenges in preparing graduates as career ready, along with the dynamic nature of the aviation and aerospace industry, a practicum for training in postsecondary academic programs is very much needed to help meet the needs and requirements of safety program management within the aviation and aerospace industry. Interviews with safety professionals currently working within the industry were utilized to help examine the needs and requirements of the aviation and aerospace industry …