Wunderlich Revisited: New Limits on Judicial Review of Administrative Determination of Government Contract Disputes

The overall purpose of the thesis is to explore the school subject Art as an arena where pupils and Art teachers do gender. The study focuses on how pupils interact and position themselves during Art lessons and in the artworks they create, and also on how their notions of Art are linked to notions of gender. The study was conducted using a range of methods for gathering data, inspired by visual ethnography. A total of 50 Art lessons have been observed. The empirical material consists of observation notes, photographs and sound recordings from the observed lessons, the artworks created by the pupils during those lessons, and also interviews with pupils and Art teachers. Included in the study are more than 70 pupils, 14-16 years old, and two Art teachers, from two different schools. The theoretical perspective is doing gender, meaning that gender is perceived as something that is accomplished through actions and interactions between people and in institutional arenas. The concepts interpretative repertoires and subject positions have been used for analysing the interviews. The pupils’ artworks have been analysed with concepts from visual semiotics.  In both schools, the pupils were asked to describe their identity in pictures during the observed lessons, and in both schools the students positioned themselves in accordance with common notions of gender in their artworks. In one of the schools, girls positioned themselves as feminine using symbols such as hearts, suns and smiley faces, thus portraying a harmless and caring femininity. In the other school, girls presented themselves as preoccupied with their appearance, or as objects for the male gaze, or portrayed longing and anticipation, thus positioning themselves as passive beings. Boys in both schools positioned themselves, to a greater extent, as masculine through their interests in e.g. sports, computers, music or motor vehicles. Many of the pupils chose not to reveal too much about themselves in their pictures and instead presented themselves in an impersonal way, which is interpreted as a form of resistance to the theme, since it was going against the intentions of the assignments. Some girls resisted the teaching or the theme by working very fast to free up time that allowed them to pursue private projects, resisting in a less overt manner, to gain control of their time in the Art classroom. Some boys resisted the theme by using humour and irony in their artworks. Many boys also protested verbally and asked critical questions during instructions.  The study suggests that the legacy of the ideas of the free creative expression persists in Art teaching as well as in the pupils’ notions of what Art is. The notion of Art as a subject for expressing emotions makes the subject appear as feminine to the pupils. The study also points to the importance of a clear framework for the pupils to relate to in their creative work. In the absence of this framework, gender stereotypes are more prevalent in the artworks that are created

The FTC Has a Dog in the Patent Monopoly Fight: Will Antitrust’s Bite Kill Generic Challenges?

Antitrust laws have been notoriously lenient in the patent realm, the underlying reason being that patents’ grant of exclusion create monopolies that defy antitrust laws in order to incentivize innovation. Thus, antitrust violations have rarely been found in the patent cases. But after the Supreme Court’s holding in FTC v. Actavis, brand name pharmaceutical companies may need to be more cautious when settling Hatch-Waxman litigation with potential patent infringers. Both brand-name drug manufacturers and generic drug manufacturers have incentives to settle cases by having the brand-name pay the generic in exchange for delaying their entry into the market. While courts usually found that these reverse-payment settlements did not violate antitrust laws, the Supreme Court recently held that they sometimes can, even if the settlement’s anticompetitive effects fall within the scope of the exclusionary potential of the patent. The Court tried to take the middle ground after rejecting several bright line rules promulgated by appellate courts, including the Third Circuit’s “quick look” presumption against reverse payment settlements and the Second, Eleventh, and Federal Circuit’s “scope of the patent” test. This note finds that the Supreme Court’s ruling will make the Hatch- Waxman legal landscape murky and, therefore, difficult for district courts to rule on the legality of reverse-payment settlements in the future. The ruling may hinder generics from challenging brandname manufacturers, a result that would certainly contravene the principle purpose behind the Hatch Waxman Act

The Revised Model State Administrative Procedure Act—Reform or Retrogression?

In this contribution, we deal with the deterministic dominance of the probability moments of stochastic processes. More precisely, given a positive stochastic process, we propose to dominate its probability moment sequence by the trajectory of appropriate lower and upper dominating deterministic processes. The analysis of the behavior of the original stochastic process is then transferred to the stability analysis of the deterministic dominating processes. The result is applied to a nonstationary auto-regressive process that appears in the system identification literature.

State of New York Public Employment Relations Board Decisions from March 26, 2002

3_26_2002_PERB_BD_DecisionsOCR.pdf: 170 downloads, before Oct. 1, 2020