Zivotofsky v. Kerry: Of Passports, Politics, and Foreign Policy Powers

This commentary profiles the upcoming Supreme Court decision in Zivotofsky v. Kerry, which will decide, for the first time in United States history, the dividing line between legislative and executive authority to recognize foreign nations. Though it emanates from a seemingly-benign passport disagreement about a place-of-birth designation, this case will address an unprecedented and extremely controversial issue about separation of powers that has somehow evaded a Supreme Court decision. The Author profiles the case history and applicable legal precedent and analyzes the arguments for both sides before recommending that the Court should not find the President\u27s power in this area of foreign policy to be either supreme or exclusive

Zivotofsky v. Kerry: Of Passports, Politics, and Foreign Policy Powers

This commentary profiles the upcoming Supreme Court decision in Zivotofsky v. Kerry, which will decide, for the first time in United States history, the dividing line between legislative and executive authority to recognize foreign nations. Though it emanates from a seemingly-benign passport disagreement about a place-of-birth designation, this case will address an unprecedented and extremely controversial issue about separation of powers that has somehow evaded a Supreme Court decision. The Author profiles the case history and applicable legal precedent and analyzes the arguments for both sides before recommending that the Court should not find the President\u27s power in this area of foreign policy to be either supreme or exclusive

Beyond Invention: Patent as Knowledge Law

The decision of the Supreme Court of the United States in Bilski v. Kappos, concerning the legal standard for determining patentable subject matter under the American Patent Act, is used as a starting point for a brief review of historical, philosophical, and cultural influences on subject matter questions in both patent and copyright law. The article suggests that patent and copyright law jurisprudence was constructed initially by the Court with explicit attention to the relationship between these forms of intellectual property law and the roles of knowledge in society. Over time, explicit attention to that relationship has largely disappeared from the Court’s opinions. The article suggests that renewing consideration of the idea of a law of knowledge would bring some clarity not only to patentable subject matter questions in particular but also to much of intellectual property law in general

Using new literatures as a resource in fostering cross cultural awareness

This paper is based on the premise that the wealth of new literatures in English that are available in several countries of Asia and South East Asia today can serve not only to provide students access to the rich and varied cultural life of the people in these settings, but also help develop in them sensitivity and empathy towards other cultures. Given that English no longer belongs to any one nation or culture, and is increasingly being used in numerous multilingual and multicultural settings worldwide, it is fast becoming ‘re-nationalised’ (McKay 2000), as it takes on new cultural associations, experiences and values. In teaching English as an international language (EIL), therefore, it no longer makes sense to place an exclusive focus on target culture knowledge alone. The paper makes a strong case for including other cultural materials, especially those from Asian and South East Asian literature, in the selection of content and topics for textbooks constructed for use in EFL/ESL contexts, with a particular focus on fostering cross-cultural tolerance and understanding, a neglected area in ELT. Further, the paper goes on to illustrate how texts from these new literatures may be used in promoting cross-cultural understanding in the language classroom. Only recently has cross–cultural understanding begun to receive the kind of attention it deserves in the realm of EFL and ESL teaching/learning. Indeed, for a long time culture itself was considered peripheral, or at best, no more than a supplementary diversion (Tseng, 2002) to the teaching and learning of language, although cross-cultural variation has continued to be a live and productive topic of study in sociolinguistic and pragmatic research. Even where cultural aspects of language study have been addressed in EFL/ESL, traditionally this has pertained exclusively to target language culture. Given the insight that language and culture are inseparable, and that therefore, to teach language is to teach culture,the belief prevailed that in order to gain full competence in the language learners of English in different parts of the world need to internalize the cultural norms of native speakers of English – that is, speakers of English from the Inner Circle (Kachru, 1989) or BANA (namely, British, Australasian and North American) countries (Holliday, 1994)

\u3ci\u3eEldred\u3c/i\u3e and \u3ci\u3eLochner\u3c/i\u3e: Copyright Term Extension and Intellectual Property as Constitutional Property

Since the ratification of the constitution, intellectual property law in the United States has always been, in part, constitutional law. Among the enumerated powers that Article I of the Constitution vests in Congress is the power to create certain intellectual property rights. To a remarkable extent, scholars who have examined the Constitution\u27s Copyright Clause have reached a common position. With striking unanimity, these scholars have called for aggressive judicial review of the constitutionality of congressional legislation in this area. The champions of this position--we refer to them as the IP Restrictors--represent a remarkable array of constitutional and intellectual property scholars. In this terms\u27s Eldred v. Aschroft, leading IP Restrictor Lawrence Lessig, representing petitioner Eric Eldred, sought to convince the Supreme Court that the IP Restrictors\u27 view of the Copyright Clause was the correct one. By a vote of 7-2, the Supreme Court rejected Eldred\u27s claim and upheld the statute. But while the Court rejected the IP Restrictors\u27 vision, it did not offer a satisfactory competing conception of the Copyright Clause and how the courts should construe it. Critically, even though the standard of review was of central significance, the Court applied a deferential form of rational basis scrutiny without explaining why this was the appropriate standard. This paper develops the case for deferential review of congressional legislation in the area of intellectual property and, at a deeper level, offers a new paradigm for understanding the Copyright Clause. We propose that from the vantage point of constitutional law, intellectual property should be treated as a form of constitutional property. Deference to congressional judgments is warranted because congressional legislation affecting intellectual property is analytically similar to congressional legislation affecting other forms of property. Courts subject congressional legislation affecting traditional forms of property to deferential review because of concerns about institutional competence and respect for majoritarian decisionmaking. These two concerns in conjunction with proper regard for holistic constitutional interpretation should also lead courts to deferential review of congressional legislation affecting intellectual property.In developing our position, we draw on constitutional history and, in particular, the lessons of Lochner v. New York. In defense of their vision of the Constitution, the IP Restrictors and the dissenters in Eldred make claims about the original understanding that, to an astonishing extent, echo those made by proponents of Lochner-era jurisprudence. We argue, however, that these claims fail for two reasons. First, the IP Restrictors and the dissenters disregard the limited scope of judicial review at the time of the Founding. Additionally, the IP Restrictors and dissenters disregard the range of views among the Founders about monopolies

Redundant memory organization Patent

Redundant memory for enhanced reliability of digital data processing syste

The Spiritual Connection: Honoring Faith Traditions and Polishing "Spiritual Literacies" in the Writing Conference at Christian Institutions

Much has been said about the future of writing centers and the need for consultants to respect the multifaceted literacies and diverse backgrounds of their clientele.2 In light of this issue’s theme of “connected writing,” writing center scholarship’s interest in bridging gaps between race, socio-economic status, and multimodal literacies proves that genuine connection is truly a priority in writing center theory and practice. But scholars have said surprisingly little about the effect of “spiritual literacies” and faith traditions on student writing: for instance, how might a writer’s faith inform her writing patterns and, relatedly, how does her writing represent her religious convictions?3 What role does the consultant/tutor play in helping a writer negotiate the presentation of her spirituality within a larger community’s written discourse? Perhaps most importantly, how can we help students write about their faith in a way that helps them connect with others outside of their faith tradition?University Writing Cente

How groups react to disloyalty in the context of intergroup competition: Evaluations of group deserters and defectors

Groups strongly value loyalty, especially in the context of intergroup competition. However, research has yet to investigate how groups respond to members who leave the group or join a competing outgroup. Three studies investigated groups' reactions to defectors (Experiment 1) and deserting members (Experiments 2 and 3). Experiment 1 used a minimal group paradigm to demonstrate that defectors trigger a stronger derogation of ingroup deviants than outgroup deviants vis-à-vis normative members. Experiments 2 and 3 compared group members' responses to defection versus desertion from minimal and self-assigned groups, respectively. Experiment 3 also explored an explanation for the evaluations of disloyalty. Across studies, participants evaluated normative ingroup members more positively than defectors and deserters. Outgroup deserting and defecting members were evaluated similarly. Derogation of ingroup as compared to outgroup targets emerged only for defectors. In addition, Experiment 3 demonstrated that negativity toward the outgroup was related to stronger derogation of disloyal targets. Negative outgroup attitudes trigger stricter criteria for responding to disloyalty. Directions for future research are discussed

Trends in American Newspaper Coverage of Autism

The public\u27s understanding of disabilities is cultivated via several media resources, including news media. Disability scholars often cite negative representations of disabilities in mass media, yet analyses of newspaper journalists\u27 coverage of autism remain scarce. The present study explores the frames, stereotypes, stigmatizing cues, and individuals cited in news coverage of autism through a content analysis of The New York Times and USA Today coverage of autism from 2013-2016. The findings revealed that episodic frames are consistently utilized to discuss autism. References to abnormal social tendencies and coupling autism with adverse circumstances were the most common stereotypes in newspaper coverage. The study’s results show that the presence of stigmatizing cues increased over time, with label references representing the most common stigmatizing cue. Episodic coverage was more stigmatizing than thematic news coverage. Medical professional and journalist sources were most present in news coverage. Theoretical and practical applications for media and disability scholars are discussed