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2005

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Full-Text Articles in Law

Bayer Ag V. Housey Pharmaceuticals: Protection For Biotechnological Research Tools Under Section 271(G) Found Wanting, Matthew Barthalow Dec 2005

Bayer Ag V. Housey Pharmaceuticals: Protection For Biotechnological Research Tools Under Section 271(G) Found Wanting, Matthew Barthalow

The University of New Hampshire Law Review

[Excerpt] "Research tools, a subset of biotechnological inventions protected by process patents, are “tools that scientists use in the laboratory, including cell lines, monoclonal antibodies, reagents, animal models, growth factors, combinatorial chemistry and DNA libraries, clones and cloning tools (such as PCR), methods, laboratory equipment and machines.” Many companies base their business models on the ability to find pharmaceutical products using their proprietary drug discovery research tools. Research tools used for drug discovery ‘include bioinformatic methods for identifying the interaction of certain proteins and their association with disease, methods for confirming protein targets, screening assays to identify molecules active against …


The Procedural Due Process Requirements For No-Fly Lists, Soumya Panda Dec 2005

The Procedural Due Process Requirements For No-Fly Lists, Soumya Panda

The University of New Hampshire Law Review

[Excerpt] “Imagine arriving at the airport and checking in at the ticketing booth. You tell the ticketing agent your name, your flight number, and show the agent your identification. The agent enters the information into the terminal and a look of shock appears on his or her face. While other passengers are waiting behind you, the agent calls for security and mentions in front of other passengers that you are denied from boarding the plane. Now imagine that you are a famous United States senator arriving from a political convention and the ticketing agent tells you that you cannot board …


2005 Scholars And Artists Bibliography, Stephen D. Slane Dr., Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library Oct 2005

2005 Scholars And Artists Bibliography, Stephen D. Slane Dr., Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti. Dr, Steve Slane was the guest speaker.


Santa Clara Magazine, Volume 47 Number 2, Fall 2005, Santa Clara University Oct 2005

Santa Clara Magazine, Volume 47 Number 2, Fall 2005, Santa Clara University

Santa Clara Magazine

6 - THE DRIVE TO CREATE by Elizabeth Kelley Gillogly '93. Albert Hoagland, an adjunct professor at SCU for more than 20 years, helped to build the first disk drive. Now is he working to preserve the history of magnetic disk storage.

10 - UNFINISHED MESSAGE by Toshio Mori. We share an excerpt from a collection of short stories by Mori, whose work highlights the plight of Japanese immigrants in the U.S. during World War II. The book is a part of the California Legacy Series, a partnership between SCU and Heyday Books.

14 - THE FAMILIAR STRANGER By Cynthia …


Privatization Of Space Ventures: Proposing A Proven Regulatory Theory For Future Extraterrestral Appropriation, Jonathan Thomas Aug 2005

Privatization Of Space Ventures: Proposing A Proven Regulatory Theory For Future Extraterrestral Appropriation, Jonathan Thomas

Brigham Young University International Law & Management Review

No abstract provided.


Santa Clara Magazine, Volume 47 Number 1, Summer 2005, Santa Clara University Jul 2005

Santa Clara Magazine, Volume 47 Number 1, Summer 2005, Santa Clara University

Santa Clara Magazine

9 - A MOGUL IN THE MAKING By Larry Sokoloff J.D. '92 While working toward his business degree, SCU sophomore Tyler Dickman runs a multimillion-dollar business based in Florida.

10 - TOP OF THE CLASS: FOUNDATION HONORS INNOVATIVE SCU PROFESSORS By Kim Kooyers. This year's winners of the Louis and Dorina Brutocao Award for Teaching Excellence and the Brutocao Family Foundation Award for Curriculum Innovation are examples of the SCU's outstanding teaching scholars.

14 - A GLOBAL ETHIC: A CONVERSATION WITH HANS KUNG By Rita Beamish '74 Hans Kung, scholar, Roman Catholic priest, and author of some 50 books on …


Slides: Establish True Basin-Wide Institutions: The Return To The River Basin As The Unit Of Management, Charles W. (Chuck) Howe Jun 2005

Slides: Establish True Basin-Wide Institutions: The Return To The River Basin As The Unit Of Management, Charles W. (Chuck) Howe

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Charles Howe, University of Colorado.

13 pages and 10 slides.

Contains references.


Slides: "Tightening Water Supplies”: Arizona And The Lower Basin States, Herb Guenther Jun 2005

Slides: "Tightening Water Supplies”: Arizona And The Lower Basin States, Herb Guenther

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Herb Guenther, Arizona Department of Water Resources.

31 slides.


Slides: Do The Upper Basin States Have Enough Water To Grow?: Is There Enough Water To Go Around?, Don A. Ostler Jun 2005

Slides: Do The Upper Basin States Have Enough Water To Grow?: Is There Enough Water To Go Around?, Don A. Ostler

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Don A. Ostler, Upper Colorado River Commission.

24 slides.


Agenda: Hard Times On The Colorado River: Drought, Growth And The Future Of The Compact, University Of Colorado Boulder. Natural Resources Law Center, Western Water Assessment (Program), Colorado Water Conservation Board, Center For Advanced Decision Support For Water And Environmental Systems, Hydrosphere Resource Consultants, Rocky Mountain Mineral Law Foundation, Colorado Foundation For Water Education, Patrick, Miller & Kropf, P.C., William & Flora Hewlett Foundation Jun 2005

Agenda: Hard Times On The Colorado River: Drought, Growth And The Future Of The Compact, University Of Colorado Boulder. Natural Resources Law Center, Western Water Assessment (Program), Colorado Water Conservation Board, Center For Advanced Decision Support For Water And Environmental Systems, Hydrosphere Resource Consultants, Rocky Mountain Mineral Law Foundation, Colorado Foundation For Water Education, Patrick, Miller & Kropf, P.C., William & Flora Hewlett Foundation

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Sponsors and Contributors: Colorado Water Conservation Board, Center for Advanced Decision Support for Water and Environmental Systems, Western Water Assessment, CU-CIRES/NOAA, Hydrosphere Resource Consultants, Rocky Mountain Mineral Law Foundation, Colorado Foundation for Water Education, Patrick, Miller & Kropf, P.C., William and Flora Hewlett Foundation.

The Colorado River is approaching a crossroads. For the first time in its history, satisfying water demands in one state may require curtailing legally-recognized uses in another. This is not the first instance of water shortages in the region, and conflict among the seven Colorado River states is certainly not new. But the potential shortages on …


Hide It Or Unbundle It: A Comparison Of The Antitrust Investigations Against Microsoft In The U.S. And The E.U., Sue Ann Mota May 2005

Hide It Or Unbundle It: A Comparison Of The Antitrust Investigations Against Microsoft In The U.S. And The E.U., Sue Ann Mota

The University of New Hampshire Law Review

[Excerpt] "Microsoft Corporation, the world’s largest software company, has been facing antitrust scrutiny globally. In the U.S., after what’s been called the antitrust trial of the century, a consent decree was reached between Microsoft, the United States government, and several states, that closely resembled the litigated remedy that the remaining states received. Only Massachusetts appealed the litigated remedy, which was approved by the appeals court on June 30, 2004. In the United States, Microsoft was required to hide, but not remove, the Internet Explorer browser on the Windows Operating System. While antitrust litigation was ongoing in the United States against …


High Speed Flight At Low Altitude - Hazard To Commercial Aviation?, Paul F. Eschenfelder Apr 2005

High Speed Flight At Low Altitude - Hazard To Commercial Aviation?, Paul F. Eschenfelder

Paul F. Eschenfelder

No abstract provided.


The Social And Economic Costs Of Employee Misclassification In The Maine Construction Industry, Françoise Carré, Randall Wilson Apr 2005

The Social And Economic Costs Of Employee Misclassification In The Maine Construction Industry, Françoise Carré, Randall Wilson

Center for Social Policy Publications

With this study, a cross disciplinary team of the Center for Construction Policy Research has taken a first and significant step in documenting employee misclassification in the Maine construction industry. This report documents the dimensions of misclassification and its implications for tax collection and worker compensation insurance.

Misclassification occurs when employers treat workers who would otherwise be waged or salaried employees as independent contractors (self employed). Or as one report commissioned by the U.S. Department of Labor put it, misclassification occurs “when workers (who should be) getting W-2 forms for income tax filing instead receive 1099-Miscellaneous Income forms."


Santa Clara Magazine, Volume 46 Number 4, Spring 2005, Santa Clara University Apr 2005

Santa Clara Magazine, Volume 46 Number 4, Spring 2005, Santa Clara University

Santa Clara Magazine

8 - 'AN EXTRAORDINARY EVENT' By Elizabeth Kelley Gillogly '93. SCU Music Professor Hans Boepple is a gifted pianist and dedicated teacher.

10 - EMBRACING DIFFERENCES By Adam Breen. Senior Aaron Uchikura spent a summer helping children in Moscow orphanages.

12 - THE KOKO CONNECTION By Victoria Hendel De La O. Senior Tierra Wilson's perseverance landed her a job as a gorilla research assistant and caregiver.

16 - A ROTATION IN ETHICS By Rita Beamish '74. Students learn about the ethics of health care by shadowing doctors and nurses at O'Connor Hospital in San Jose.


What Communities Should Do Pre-Event To Support Public Health Post-Event Assessments, Surveillance And Monitoring, Thomas Lyons Carr Iii Feb 2005

What Communities Should Do Pre-Event To Support Public Health Post-Event Assessments, Surveillance And Monitoring, Thomas Lyons Carr Iii

Thomas Lyons (Thom) Carr III Appl.Sc., CEM

[Abstract written March 2008, TLC] Under worst-case planning assumptions used by some major metropolitan areas, a Neighbor-to-Neighbor self-help program model is the primary link between citizens and the professional response personnel of the responsible government agencies.

In the Neighbor-to-Neighbor self-help program model or a Community Emergency Management Plan (CEMP) calls on the citizens in neighborhoods to identify and establish cluster emergency preparedness committees, Cluster Emergency Coordination Centers (CECC) and Community Emergency Response Teams (CERT). Missing from these plans or what is not articulated is how constant Public Health Post-Event Surveillance, Monitoring and Assessments will be done. Given the worst-case planning …


Santa Clara Magazine, Volume 47 Number 3, Winter 2005, Santa Clara University Jan 2005

Santa Clara Magazine, Volume 47 Number 3, Winter 2005, Santa Clara University

Santa Clara Magazine

8 - AFTER AMERICA by Deepa Arora. Thomas J. Reese, S.J., the former editor of the Jesuit weekly magazine, America, is spending a sabbatical year at SCU. He sat down for an exclusive interview with SCM to reflect on what he has witnessed, what inspires him, and the future of the Church.

16 - A HALF-CENTURY OF ART AND HISTORY AT SCU by Victoria Hendel De La O. "Through its exhibitions and collections, the museum allows students and faculty to expand the walls of the classroom," says Rebecca M. Schapp, director of the de Saisset Museum, which is celebrating its …


Reconsidering The Dmca, R. Polk Wagner Jan 2005

Reconsidering The Dmca, R. Polk Wagner

All Faculty Scholarship

patents, Law and economics, prosecution history estoppel, doctrine of equivalents, ex ante, ex post, default rules, PTO, Federal Circuit, patent prosecution, patent litigation, intellectual property, patent reform, patent administration, patent office


Beyond Network Neutrality, Christopher S. Yoo Jan 2005

Beyond Network Neutrality, Christopher S. Yoo

All Faculty Scholarship

In this Article, Professor Yoo takes issue with the emerging scholarly consensus in favor of ""network neutrality,"" which would prohibit network owners from employing proprietary protocols or entering into exclusivity agreements with content providers that would reduce the transparency of the Internet. Economic theory suggests that network neutrality advocates are focusing on the wrong policy problem. Rather than directing attention on the market for Internet content and applications, the segments of the industry that are the most competitive and the most likely to remain that way, communications policy would be better served if the focus were placed on the segment …


Architectural Censorship And The Fcc, Christopher S. Yoo Jan 2005

Architectural Censorship And The Fcc, Christopher S. Yoo

All Faculty Scholarship

Most First Amendment analyses of U.S. media policy have focused predominantly on “behavioral” regulation, which either prohibits the transmission of disfavored content (such as indecent programming) or mandates the dissemination of preferred content (such as children’s educational programming and political speech). In so doing, commentators have largely overlooked how program content is also affected by “structural” regulation, which focuses primarily on increasing the economic competitiveness of media industries. In this Article, Professor Christopher Yoo employs economic analysis to demonstrate how structural regulation can constitute a form of “architectural censorship” that has the unintended consequence of reducing the quantity, quality, and …


On The Regulation Of Networks As Complex Systems: A Graph Theory Approach, Daniel F. Spulber, Christopher S. Yoo Jan 2005

On The Regulation Of Networks As Complex Systems: A Graph Theory Approach, Daniel F. Spulber, Christopher S. Yoo

All Faculty Scholarship

The dominant approach to regulating communications networks treats each network component as if it existed in isolation. In so doing, the current approach fails to capture one of the essential characteristics of networks, which is the complex manner in which components interact with one another when combined into an integrated system. In this Essay, Professors Daniel Spulber and Christopher Yoo propose a new regulatory framework based on the discipline of mathematics known as graph theory, which better captures the extent to which networks represent complex systems. They then apply the insights provided by this framework to a number of current …