Claim Re-Construction: The Doctrine of Equivalents in the Post-Markman Era

In the post-Markman era, the Federal Circuit has focused attention on the public notice function of patent claims in equivalents cases, and it has come to emphasize precision and accuracy in claim drafting. This Article argues that recent judicial emphasis on the public notice function of patent claims is an inappropriate innovation policy. The demand for highly refined patent claims increases patent acquisition expenditures that are unlikely to increase social welfare, cause patent rights to be distributed unevenly, and are inconsistent with the structural features of the patent system. This Article presents two mechanisms to accommodate the doctrine of equivalents in the post-Markman era. One is the reinvigoration of the reissue proceeding. The other is allowing judicial amendment of patent claims during infringement litigation proceedings, much like the longstanding British practice. This shift would allow courts to pursue the policy goals of Markman for literal and equivalent infringement alike

A few key theoretical issues of importance in modern molecular electrochemistry

International audienceThis opinion paper details three typical cases in which new theoretical concepts need to be implemented in molecular electrochemistry in order to rationalize experimental results obtained in nanoscale cells or performed in new electrolytic media such as RTILs

The Theatre of Religion: Jimmy Swaggart Within American Myth Discourse.

This study explores the myth of the self-made man in American popular culture and how Jimmy Swaggart, the renowned televangelist, manipulates this myth in representing himself as an American hero. Central to such inquiry is Swaggart\u27s use of theatrical device in promoting his heroism. Three fundamental questions provide the focus for investigation: (1) How in general does the creation of myth serve the needs of culture? (2) How specifically does the myth of self-made-ness benefit American culture? and (3) How is Swaggart able to participate in this powerful myth (especially using theatrical modes) in order to gain cultural sanction? In addressing the first two questions, this project constructs a myth theory based primarily on ideas advanced in Roland Barthes\u27 Mythologies. For the last question (which mandates a look at the way Swaggart is read by both secular and evangelical factions), the ideas contained in Michel Foucault\u27s three masterworks Madness and Civilization, Discipline and Punish, and The History of Sexuality prove especially useful. Foucault\u27s discussion of the sacred position of the madman in medieval contexts, for example, gives us a productive analogue for exploring Swaggart\u27s relationship to the secular media. In terms of his evangelical readership, Swaggart\u27s attempt to advertise himself as a martyr is illuminated by Foucault\u27s explanation of the technique of confession in Western culture. This project concludes that the on-going carnival of Swaggart\u27s sexual improprieties will prove problematic to his survival as a practicing televangelist. However, Swaggart\u27s iconic presence (like that of Elmer Gantry or Aimee Semple McPherson) will live on in the American mind as simply an up-dated version of the mad religious performer

Why We Can't Wait -- A Case for Philanthropic Action: Opportunities for Improving Life Outcomes for African American Males

This report examines programs and initiatives that impact the life outcomes of African-American males, gathers reflections from the field, and assesses needs and opportunities according to scholars, policy makers, advocates, and organizational leaders. The report documents its findings and recommendations in three categories: academia/research, practitioners/civil society, and public policy/advocacy

Paternal Involvement in Child- Rearing Activities: The Perspective of Adolescents in Addis Ababa, Ethiopia

In recognition of the need to widen the scope of fatherhood scholarship, this article centered on examining paternal involvement but in a socio- cultural context and developmental stage that has headed little attention in previous research. An attempt was made to investigate the nature of paternal involvement (ways, desires and roles) among adolescent students in Addis Ababa. Rating- type (N= 554) and forced- choice (N= 360) questionnaires were administered to secondary school (grades 9-12) students (ages 14-19 years). Results generally indicated that paternal involvement was multidimensional in the sense that adolescents considered direct and indirect ways, acting and capacity building roles and caring and masculine- oriented desires of fathers. involvement with children. Significant differences and relationships were also documented between the two components of ways, roles, and desires. In fact, interactions between ways and roles, ways and desires, and roles and desires were all significant. Results were interpreted and implications were drawn against a backdrop of the respondents. developmental and socio- cultural backgrounds

Key-competences in higher education as a tool for democracy

As the focus of teaching progressively moves from being transmissive to student-centred, under the beneficial pressure of the European recommendations, the debate on how to form and measure competences in students has become topical. This transformation was made necessary to nudge education institutions towards accountability, and to allow students (and their families) to make informed school choices. Large-scale achievement or cognitive tests were then developed by international organizations and administered in schools. The focus of the present paper is to provide empirical evidence that this process can be successfully embraced also by the higher education system. To this end we report data from several surveys in which ANVUR, the Italian public agency for the evaluation of universities and research institutes, administered the Test of Competence (TECO) to evaluate generic and disciplinary competences in first- and third-year undergraduate students. Using the value-added approach, we demonstrate that both types of competences can be formed by higher education institutions and that the university attendance makes a difference, especially for the disciplinary ones. The study qualifies TECO as a reliable tool for self-assessment of teaching effectiveness, to be used for evidence-based policies in higher education

Blood Quantum? Native DNA? Indigenous Lineage? The Complexities of Native Authenticity and Identity

Unlike any other ethnic minority in the US, Native Americans are required to authenticate their Indianness, or their relation to Native peoples, in order to qualify for tribal citizenship and justify their identity as Indigenous peoples. In order to become citizens of a Native nation, or to even be considered Indigenous in the eyes of the United States government, Native peoples are often required to prove their Indigeneity, or Nativeness, through blood, DNA, and other seemingly quantifiable measurements. No other minority group is forced to prove their legitimacy to be a citizen of their community in the United States, yet Indigenous peoples are regularly required to authenticate themselves on both a social and governmental level. In this thesis, I will be discussing human biases in science and politics as it relates to Native policy and treaty making. When I bring up the inadequacies and human biases in science that often goes ignored, I am not calling for the cancelation of science, instead, I am shedding light on situations where science undermines human experiences, in hope that there will be change, and that the general public might understand why Indigenous identity cannot solely rely on genetics

Calibration and Validation of The Population Mobility and Housing Price Sub-Modules of The Smartplans Integrated Urban Model

Since the 1960s, Integrated Urban Models (IUMs) have consistently been applied to simulate the future of cities. Technological advancement in recent years has opened the doors for sophisticated IUMs to be developed, ones requiring extreme computing power. The SMARTPLANS IUM is one example. While the development and application of SMARTPLANS exists in the literature, exploring potential improvements in the model’s predictive ability is lacking. This dissertation aims to fill the gap in the literature by focusing on two sub-modules of SMARTPLANS to test and ultimately advance their performance. The research conducted in this thesis explores the population mobility and land price submodules within the Land Use Module of SMARTPLANS. The models were estimated using relevant parameters, compared over time, and validated with Canadian census data. The results show that the population aged 24-35 is the primary influencing factor to impact population mobility in all study areas. Additionally, the number of detached dwellings and household income were found to positively impact house prices in all models. Further, the number of row houses and the distance from the central business district (CBD) negatively influenced prices. The estimated models for the two sub-modules suggest stable transferability over time in regions experiencing steady pace growth. Furthermore, the analysis confirms a strong spatial influence present in the data associated with both submodules. As such, the utilization of spatially oriented techniques, namely the Simultaneous Auto-Regressive (SAR) model, resulted in superior predictions when compared to the predictions obtained from Ordinary Least Squares (OLS) regression models. The implementation of SAR models within SMARTPLANS will therefore improve its predictive ability

BELIEFS ABOUT FALSE ALLEGATIONS OF SEXUAL VIOLENCE: INTERGROUP CONTACT THEORY AND RAPE MYTH ACCEPTANCE AT A ROCKY MOUNTAIN UNIVERSITY

False allegations of sexual assault represent approximately 2% to 10% of all sexual assault allegations reported to law enforcement (Lisak et al., 2010). Despite this low prevalence rate, people tend to overestimate the occurrence of false allegations, and give false allegations excessive weight in arguments about rape myths and policy-making decisions. This excessive weight is given despite a lack of research evidence that false reports of sexual violence occur more frequently than those of any other crime (Ask, 2010; McMillan, 2018; Stabile et al., 2019). This overestimation is likely influenced by the overrepresentation and sensationalization of false allegations in the media, public discourse, and online social networking platforms (Banet-Weiser, 2021; Jones et al., 2021; Stabile et al., 2019). The current study seeks to examine this false allegation myth through quantitative study of young adults in a university setting, for whom sexual violence perpetration and victimization tend to be more prevalent than in the general population (Black et al., 2011; Sinozich & Langton, 2014; Rickert et al., 2004). Quantitative analysis of 1,060 participant responses to a university-wide student survey demonstrated that male gender, conservative political beliefs, false accuser acquaintance, lack of survivor acquaintance, lack of primary victimization experiences, and gaps in definitional knowledge of sexual violence and false allegations were associated with false allegation myth acceptance. This study highlights the importance of educational efforts in dispelling rape myths and evidences support for Intergroup Contact Theory as a model for educational intervention efforts