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The Remains Of Laches In Copyright Infringement Cases: Implications Of Petrella V. Metro-Goldwyn-Mayer, 14 J. Marshall Rev. Intell. Prop. L. 432 (2015), Daniel Brainard Jan 2015

The Remains Of Laches In Copyright Infringement Cases: Implications Of Petrella V. Metro-Goldwyn-Mayer, 14 J. Marshall Rev. Intell. Prop. L. 432 (2015), Daniel Brainard

UIC Review of Intellectual Property Law

Common law equitable doctrines are fundamentally at odds with modern statutes of limitations. While modern copyright courts found new ways to allow laches and the Copyright Act’s three year statute of limitations to coexist, the foundation for doing so was significantly weakened. The Supreme Court in Petrella v. Metro-Goldwyn-Mayer restricted the use of laches as a defense to copyright infringement to only extraordinary circumstances and provided two Circuit Court cases as demonstrating examples of laches for future use. In actuality, however, it appears the Supreme Court and Circuit Courts failed to analyze the facts in depth and ended up rendering …

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The U.S. And Russian Patent Systems: Recent Amendments And Global Implications For The Protection Of Intellectual Property Rights, 14 J. Marshall Rev. Intell. Prop. L. 504 (2015), Elena Beier, Anne Wright Fiero Jan 2015

The U.S. And Russian Patent Systems: Recent Amendments And Global Implications For The Protection Of Intellectual Property Rights, 14 J. Marshall Rev. Intell. Prop. L. 504 (2015), Elena Beier, Anne Wright Fiero

UIC Review of Intellectual Property Law

Recent legislative and geo-political activity might suggest little common ground between the United States and Russia. The respective intellectual property laws of these two countries, however, share many common goals. In fact, as reflected in the Report of the Innovation Working Group of the Russia-US Bilateral Presidential Commission (initiated by the Ministry of Economic development of the Russian Federation and U.S. Department of State), the two countries are trending towards cooperative intellectual property legislation. This article compares U.S. and Russian patent laws, with a particular emphasis on recent amendments in the areas of inventorship, prior art, and technology transfers. It …

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Inventing A New Way Of Dealing With Circumvention: A Patent-Based Alternative To The Dmca, 15 J. Marshall Rev. Intell. Prop. L. 91 (2015), Priya Desai Jan 2015

Inventing A New Way Of Dealing With Circumvention: A Patent-Based Alternative To The Dmca, 15 J. Marshall Rev. Intell. Prop. L. 91 (2015), Priya Desai

UIC Review of Intellectual Property Law

Over time, it has become easier for consumers to steal music. Some technologies, like ReDigi, have been specifically designed to allow copyright infringement by giving consumers the ability to sell digitally purchased music files. While copyright laws have been updated to deal with changing technologies, the laws have not been sufficient to keep up. This comment highlights the failings of modern copyright law and questions whether patent laws are a viable way to ensure that technologies that induce copyright infringement do not find marketplace success.

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Tax Transplants And The Critical Role Of Processes: A Case Study Of China, Jinyan Li Jan 2015

Tax Transplants And The Critical Role Of Processes: A Case Study Of China, Jinyan Li

Osgoode Legal Studies Research Paper Series

This paper seeks to explore the above question by drawing insights from existing literature. The existing body of literature is rich in documenting the phenomenon of legal transplants, theorising why legal transplants take place and presenting the debate on the relevance of local culture to the adaptation of the transplants. In terms of tax transplants, there is an emerging strand of literature that examines the unique characteristics of tax transplants, the common core of tax law, and the global tax convergence. However, there is a lack of analysis focusing on the critical role of processes in legal and tax transplants. …

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Paradigm Flaw In The Boardroom: Governance Versus Management, Edward J. Waitzer, Alfredo Enrione Jan 2015

Paradigm Flaw In The Boardroom: Governance Versus Management, Edward J. Waitzer, Alfredo Enrione

Osgoode Legal Studies Research Paper Series

The purpose of this paper is to explore a more constructive role for corporate boards — one that would entail directors recognising the operational primacy of management and focusing their attention on the manner in which a corporation can best fulfil its long-term strategy. Paying more attention to nurturing long-term, sustainable value will help differentiate roles and will suggest the need for new metrics and a deeper appreciation by directors of corporate strategy and organisational capacity. At a time when senior management are dedicating disproportionate resources to immediate compliance issues, it is critical that boards take such a broad view.

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The Liabilities Of Sureties, Daniel P. Cipollone Jan 2015

The Liabilities Of Sureties, Daniel P. Cipollone

Osgoode Legal Studies Research Paper Series

This paper provides an overview of when a surety may be released from his or her obligations under a guarantee following a material variation to the principal lending contract. Part I frames the overall discussion by reviewing the role and importance of guarantees in contemporary commerce, outlining the central tenets of guarantee obligations, and distinguishing them as a subset of indemnities. Part II reviews how sureties have traditionally enjoyed a favoured status at law as well as what, in law, is considered to constitute a material variation. Part III introduces and sets out a longstanding rule governing the liability of …

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Towards A Natural Law Foundationalist Theory Of Universal Human Rights, Anthony Robert Sangiuliano Jan 2015

Towards A Natural Law Foundationalist Theory Of Universal Human Rights, Anthony Robert Sangiuliano

Osgoode Legal Studies Research Paper Series

The contemporary literature on the philosophy of human rights features a clash between two opposing theoretical paradigms. The first paradigm, called Functionalism, grounds the nature of human rights in their practical or political significance. The second paradigm, called Foundationalism, grounds the nature of human rights in a pre-political substratum of moral thought to which positive legal-political institutions ought to conform. What tends to make the first paradigm more appealing is that it avoids the problem of grounding human rights in moral considerations that may be ethnocentric and thus not acceptable to all peoples everywhere. This paper makes a case for …

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“If It Fits Into Their Culture, Then They Will Have A Connection”: Experiences Of Two Latina Students In A Select High School Choir, Joshua Palkki Jan 2015

“If It Fits Into Their Culture, Then They Will Have A Connection”: Experiences Of Two Latina Students In A Select High School Choir, Joshua Palkki

Research & Issues in Music Education

In the United States, Latino/a students are underrepresented in secondary school music programs (Elpus & Abril, 2011). By understanding the needs of Latino/a students, music educators can create programs that will better serve this student population. This intrinsic case study chronicles the experiences of Cassandra and Elena, two students enrolled in a high school choir in a mid-sized Midwestern community. The main research questions were: (a) Which lived experiences of these Latino/a students play a role in school choral music, and (b) Which elements of culturally relevant pedagogy have played a role in choral music education of these two students? …

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Giving "Timeless Effect To The Farewell Address": Repetition And Reflection In The United States Senate, Adam J. Gaffey Jan 2015

Giving "Timeless Effect To The Farewell Address": Repetition And Reflection In The United States Senate, Adam J. Gaffey

Communication Studies Faculty Works

The author presents "a general overview of Washington's Farewell Address and the emergence of the institutional ritual in the Senate. Next, I clarify the presumptions and premises of extensional constitutive rhetoric and clarify how the Senate's palimpsest of signatures fits into the act of expanding the meaning of Washington's text, followed by an analysis of the document itself. Finally, I consider the relevance of this case study against conceptions of effect and the relationship between institutional philosophies and the actualizing of a text." - Author's summary

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‘‘Let’S Get This Party Started!’’: An Analysis Of Health Risk Behavior On Mtv Reality Television Shows, Mark A. Flynn, David T. Morin, Sung-Yeon Park, Alexandru Stana Jan 2015

‘‘Let’S Get This Party Started!’’: An Analysis Of Health Risk Behavior On Mtv Reality Television Shows, Mark A. Flynn, David T. Morin, Sung-Yeon Park, Alexandru Stana

Communication Studies Faculty Works

Past research has examined portrayals of risk behavior in various media, including television, advertising, and film. To address an underexplored area, this study analyzed drinking, smoking, and sexual activities in MTV reality programming popular among adolescent viewers from 2004 to 2011. Cast members’ demographic attributes were also examined in relation to their risk behaviors. Results demonstrated that drinking and casual sexual behaviors were pervasive among cast members. Smoking and more intense sexual behaviors were also present, but to a smaller degree. Men and young adult cast members were more likely to engage in risk behaviors than women and teenage cast …

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Use Of Survey Research In Top Masscommunication Journals 2001–2010and The Total Survey Error Paradigm, Louisa Ha, Xiao Hu, Ling Fang, Sarah Henize, Sanghee Park, Alexandru Stana, Xiaoqun Zhang Jan 2015

Use Of Survey Research In Top Masscommunication Journals 2001–2010and The Total Survey Error Paradigm, Louisa Ha, Xiao Hu, Ling Fang, Sarah Henize, Sanghee Park, Alexandru Stana, Xiaoqun Zhang

Communication Studies Faculty Works

This study identifies trends and practices in survey method use in mass communication research based on the Total Survey Error Paradigm. A content analysis of 479 survey research articles published in four top mass communication journals shows that articles in each journal differ significantly in survey mode. The self-administered print survey was the most common survey mode and most studies opted for non-probability sampling. Funded studies were more likely to employ probability samples and addressed survey research errors. Lack of information on response rates and survey limitations was a common problem in the articles. The analysis shows the surveys employed …

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Uc Hastings (Fall 2015), Hastings College Of The Law Alumni Association Jan 2015

Uc Hastings (Fall 2015), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

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Marketing Ethics And Csr In Marketing: Research Challenges For The Next Decade, Gene R. Laczniak Jan 2015

Marketing Ethics And Csr In Marketing: Research Challenges For The Next Decade, Gene R. Laczniak

Marketing Faculty Research and Publications

No abstract provided.

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Adaptive Modifications Of Muscle Phenotype In High-Altitude Deer Mice Are Associated With Evolved Changes In Gene Regulation, Graham R. Scott, Todd S. Elogio, Mikaela A. Lui, Jay F. Storz, Zachary A. Cheviron Jan 2015

Adaptive Modifications Of Muscle Phenotype In High-Altitude Deer Mice Are Associated With Evolved Changes In Gene Regulation, Graham R. Scott, Todd S. Elogio, Mikaela A. Lui, Jay F. Storz, Zachary A. Cheviron

Jay F. Storz Publications

At high-altitude, small mammals are faced with the energetic challenge of sustaining thermogenesis and aerobic exercise in spite of the reduced O2 availability. Under conditions of hypoxic cold stress, metabolic demands of shivering thermogenesis and locomotion may require enhancements in the oxidative capacity and O2 diffusion capacity of skeletal muscle to compensate for the diminished tissue O2 supply. We used common-garden experiments involving highland and lowland deer mice (Peromyscus maniculatus) to investigate the transcriptional underpinnings of genetically based population differences and plasticity in muscle phenotype. We tested highland and lowland mice that were sampled in …

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Mixed Transactions For Goods And Services: The Need For Consistency In Choosing The Governing Law, Austin Bodnar Jan 2015

Mixed Transactions For Goods And Services: The Need For Consistency In Choosing The Governing Law, Austin Bodnar

St. Thomas Law Review

Imagine you are about to lose your home insurance after your provider contacted you stating that all homes with a pool are required to have a fence around the property. You quickly find a company that sells and installs fences and enter into a contract with them. You pay a fortune for the fence, but your insurance is saved. Shortly thereafter, the fence proves to be faulty, and the company refuses to fix the problem. Now, you sue under certain warranties that are provided by the Uniform Commercial Code ("U.C.C."), but the court finds that the U.C.C. does not apply …

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Law-Abiding Illegal Aliens: Paying Taxes For The Chance Of Legal Immigration Statuts, Or Not, Giseli Lemay Jan 2015

Law-Abiding Illegal Aliens: Paying Taxes For The Chance Of Legal Immigration Statuts, Or Not, Giseli Lemay

St. Thomas Law Review

The tension between the IRS regulations requiring unauthorized immigrants to file taxes, and the United States Department of Homeland Security ("DHS") prohibiting these same individuals from lawfully working in the United States, is an ongoing controversy in this country. The DHS, by means of its Immigration and Nationality Act ("INA") regulations, penalizes unauthorized immigrants who falsely claim to be United States citizens for purposes of obtaining employment, irrespective of whether the aliens filed and paid their taxes. This Comment will focus on the inconsistencies between the IRS and the DHS, and suggest a proposal for amending the INA. Part I …

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America's Mental Health System: Closing The Revolving Door Between Hospitals, Correctional Facilities & The Streets, Christina Bianchi Jan 2015

America's Mental Health System: Closing The Revolving Door Between Hospitals, Correctional Facilities & The Streets, Christina Bianchi

St. Thomas Law Review

This comment focuses on a two-pronged issue with mental healthcare in the United States. First, a balance must be found between involuntary treatment laws and the constitutional right to refuse treatment. With each state having its own mental health laws, there is no national, uniform approach for addressing mental health issues, and it is unclear when it is necessary to commit a mentally ill patient. Second, once it has been determined that a patient qualifies for involuntary treatment, it is crucial that facilities can accommodate that patient. This latter requirement has become a difficult task because mental health facilities throughout …

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Unfair Foreclosure Process: Protecting The Tenants That Pay Your Mortgage, Dania L. Sancho Jan 2015

Unfair Foreclosure Process: Protecting The Tenants That Pay Your Mortgage, Dania L. Sancho

St. Thomas Law Review

This comment addresses the problem tenants face when their rights are violated. Part II explains the different types of foreclosure actions, including judicial foreclosure in Part II(A), and non-judicial foreclosure in Part II(B), while Part II(C) describes the twenty-first century crisis in the United States. Part III of this comment explains the Protecting Tenants at Foreclosure Act of 2009, an act created by Congress in 2009 to help the affected tenants during the crisis.' Further, Part IV explains the different types of ownership and property rights. Part V contrasts the Protecting Tenants at Foreclosure Act of 2009 and current law." …

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Suffolk University Law School Alumni Magazine, Spring 2015, Suffolk University Law School Jan 2015

Suffolk University Law School Alumni Magazine, Spring 2015, Suffolk University Law School

Suffolk Law School Alumni Magazine

No abstract provided.

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Restoring The Parameters Of Public Health In A Time Of Hobby Lobby And Ebola: The Case For A Wellness Account, John D. Blum Jan 2015

Restoring The Parameters Of Public Health In A Time Of Hobby Lobby And Ebola: The Case For A Wellness Account, John D. Blum

Belmont Law Review

The genesis of this piece lies in two seemingly unrelated events in law and public health, the governmental response to the Ebola crisis, and the U.S. Supreme Court ruling in Burwell v. Hobby Lobby, sparked by religious objections to certain employer mandates under the Affordable Care Act. While this essay focuses on the Burwell v. Hobby Lobby case and not Ebola, its core premise is that health policy is best served when government authorities focus strategies and responses within the parameters of individual and population concern. This piece will propose an alternative approach to women’s health promotion, a wellness account, …

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Free Conscience In Decline: The Insignificance Of The Free Exercise Clause And The Role Of The Religious Freedom Restoration Act In The Wake Of Hobby Lobby, John Fahner Jan 2015

Free Conscience In Decline: The Insignificance Of The Free Exercise Clause And The Role Of The Religious Freedom Restoration Act In The Wake Of Hobby Lobby, John Fahner

Belmont Law Review

Unfortunately, the modern Free Exercise Clause doctrine favors a progressive interpretation concerned more with efficiency and practicality than meaningful protection of conscience. Individual liberty of conscience, once present in the American legal understanding of free exercise, is no longer a concern of the First Amendment. A truly panacean remedy requires an introspective look into the foundations of the Free Exercise Clause and a careful evaluation of the justifications for the jurisprudential departure therefrom. To that end, this note seeks to reinforce the importance and historical understanding of the Free Exercise Clause and highlight the incongruities of the modern doctrine in …

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Striking A Balance: A Proposed Amendment To The Federal Rules Of Evidence Excluding Partial Apologies, Chandler Farmer Jan 2015

Striking A Balance: A Proposed Amendment To The Federal Rules Of Evidence Excluding Partial Apologies, Chandler Farmer

Belmont Law Review

Regarding evidentiary protection for apologies, this note seeks to strike a balance by advocating for the approach adopted by a majority of states: evidentiary protection for some, but not all apologies. Such an approach, while not perfect, aligns the competing interests of encouraging the legal, psychological, and emotional benefits that accompany apologies with preserving a plaintiff’s right to utilize probative evidence. By way of introduction, section one of this note briefly discusses the current legal treatment of apologies in United States jurisdictions. Section two compares the advantages of excluding apologetic statements from evidence with the disadvantages of such evidentiary protection …

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Graduate Catalog 2015-2016, Southwestern Oklahoma State University Jan 2015

Graduate Catalog 2015-2016, Southwestern Oklahoma State University

Graduate Catalogs

No abstract provided.

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Knowledge Transfer And Teaching Public Administration: The Academy Model, Michael Hall Jan 2015

Knowledge Transfer And Teaching Public Administration: The Academy Model, Michael Hall

Justice Studies Faculty Publications

Since the beginnings of Public Administration in the US and its accompanying education in other parts of the world, government and policy have become more complex. The education in Public Administration created a professional pathway to public service. The addition of education to Public Administration came out of the Progressive Movement in the United States to make knowledge in Public Administration more important in the face of corruption brought on by patronage appointments. When nonprofits became part the US public sector as elsewhere along with nonprofit healthcare, the complexity expanded enormously, requiring professionals to know more in what has become …

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Check To The Head: The Tragic Death Of Nhl Enforcer Derek Boogaard And The Nhl's Negligence - How Enforcers Are Treated As Second-Class Employees, Melanie Romero Jan 2015

Check To The Head: The Tragic Death Of Nhl Enforcer Derek Boogaard And The Nhl's Negligence - How Enforcers Are Treated As Second-Class Employees, Melanie Romero

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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(6e, 10e) Isopolycerasoidol And (6e, 10e) Isopolycerasoidol Methyl Ester, Prenylated Benzopyran Derivatives From Pseuduvaria Monticola Induce Mitochondrial-Mediated Apoptosis In Human Breast Adenocarcinoma Cells, H. Taha, C.Y. Looi, A. Arya, W.F. Wong, L.F. Yap, M. Hasanpourghadi, M.A. Mohd, I.C. Paterson, H.M. Ali Jan 2015

(6e, 10e) Isopolycerasoidol And (6e, 10e) Isopolycerasoidol Methyl Ester, Prenylated Benzopyran Derivatives From Pseuduvaria Monticola Induce Mitochondrial-Mediated Apoptosis In Human Breast Adenocarcinoma Cells, H. Taha, C.Y. Looi, A. Arya, W.F. Wong, L.F. Yap, M. Hasanpourghadi, M.A. Mohd, I.C. Paterson, H.M. Ali

Research Publications (2011 to 2015)

Phytochemicals from Pseuduvaria species have been reported to display a wide range of biological activities. In the present study, a known benzopyran derivative, (6E, 10E) isopolycerasoidol (1), and a new benzopyran derivative, (6E, 10E) isopolycerasoidol methyl ester (2), were isolated from a methanol extract of Pseuduvaria monticola leaves. The structures of the isolated compounds were elucidated by spectroscopic methods including 1D and 2D NMR, IR, UV, and LCMS-QTOF, and by comparison with previously published data. The anti-proliferative and cytotoxic effects of these compounds on human breast cancer cell-lines (MCF-7 and MDA-MB-231) and a human normal breast epithelial cell line (MCF-10A) …

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The Demographic History Of Palestine During The British Administration (1917-1948) Based On The Official Records Of Palestine Demography, M.R.M. Nor Jan 2015

The Demographic History Of Palestine During The British Administration (1917-1948) Based On The Official Records Of Palestine Demography, M.R.M. Nor

Research Publications (2011 to 2015)

One of the physical transformations during the time of British Administration of Palestine occurred demographically, as a land that was once inhabited by a majority of Arabs was completely transferred into a Jewish dominated region in the space of only three decades and which had made possible the formation of the state of Israel. This paper will discuss different official records that provide information on the population of Palestine during the British Mandate and several matters pertaining to the sources of the selected data. This article will mostly be expository and focused on the historical records, while the related events …

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Tribological And Thermal Stability Study Of Nanoporous Amorphous Boron Carbide Films Prepared By Pulsed Plasma Chemical Vapor Deposition, S. Liza, N. Ohtake, H. Akasaka, J.M. Munoz-Guijosa Jan 2015

Tribological And Thermal Stability Study Of Nanoporous Amorphous Boron Carbide Films Prepared By Pulsed Plasma Chemical Vapor Deposition, S. Liza, N. Ohtake, H. Akasaka, J.M. Munoz-Guijosa

Research Publications (2011 to 2015)

In this work, the thermal stability and the oxidation and tribological behavior of nanoporous a-BC: H films are studied and compared with those in conventional diamond-like carbon (DLC) films. a-BC: H films were deposited by pulsed plasma chemical vapor deposition using B(CH3)(3) gas as the boron source. A DLC interlayer was used to prevent the a-BC: H film delamination produced by oxidation. Thermal stability of a-BC: H films, with no delamination signs after annealing at 500 degrees C for 1 h, is better than that of the DLC films, which completely disappeared under the same conditions. Tribological test results indicate …

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The Application Of Biomedical Engineering Techniques To The Diagnosis And Management Of Tropical Diseases: A Review, F. Ibrahim, T.H.G. Thio, T. Faisal, M. Neuman Jan 2015

The Application Of Biomedical Engineering Techniques To The Diagnosis And Management Of Tropical Diseases: A Review, F. Ibrahim, T.H.G. Thio, T. Faisal, M. Neuman

Research Publications (2011 to 2015)

This paper reviews a number of biomedical engineering approaches to help aid in the detection and treatment of tropical diseases such as dengue, malaria, cholera, schistosomiasis, lymphatic filariasis, ebola, leprosy, leishmaniasis, and American trypanosomiasis (Chagas). Many different forms of non-invasive approaches such as ultrasound, echocardiography and electrocardiography, bioelectrical impedance, optical detection, simplified and rapid serological tests such as lab-on-chip and micro-/nano-fluidic platforms and medical support systems such as artificial intelligence clinical support systems are discussed. The paper also reviewed the novel clinical diagnosis and management systems using artificial intelligence and bioelectrical impedance techniques for dengue clinical applications.

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Identification Of Circulating Biomarkers In Sera Of Plasmodium Knowlesi-Infected Malaria Patients - Comparison Against Plasmodium Vivax Infection, Yeng Chen, Choon K. Chan, Jesinda P. Kerishnan, Yee Ling Lau, Yin Ling Wong, Subash Chandra Bose Gopinath Jan 2015

Identification Of Circulating Biomarkers In Sera Of Plasmodium Knowlesi-Infected Malaria Patients - Comparison Against Plasmodium Vivax Infection, Yeng Chen, Choon K. Chan, Jesinda P. Kerishnan, Yee Ling Lau, Yin Ling Wong, Subash Chandra Bose Gopinath

Research Publications (2011 to 2015)

Background: Plasmodium knowlesi was identified as the fifth major malaria parasite in humans. It presents severe clinical symptoms and leads to mortality as a result of hyperparasitemia in a short period of time. This study aimed to improve the current understanding of P. knowlesi and identify potential biomarkers for knowlesi malaria. Methods: In the present study, we have employed two-dimensional gel electrophoresis-coupled immunoblotting techniques and mass spectrometry to identify novel circulating markers in sera from P. knowlesi-infected patients. Specifically, we have compared serum protein profiles from P. knowlesi-infected patients against those of healthy or P. vivax-infected individuals. Results: We identified …

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