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Image to Fit the Clinical Picture: Point-of-care Ultrasound Assessment of Ebstein’s Anomaly in Peru
Ebstein’s anomaly is a congenital heart defect that when left untreated can lead to unique physical exam and ultrasound findings. This case describes a patient who presented with dyspnea and was found to have cyanosis, clubbing, and dilation of right-sided chambers on point-of-care ultrasound. The series of images highlights findings in late-stage Ebstein’s anomaly and serves as a springboard for the discussion of the pathophysiology, diagnosis, and treatment of this rare congenital heart disease
11-20-1982 Preliminary Memorandum
SUMMARY: A voluntary deferred compensation plan allowed retiring employees to choose between three forms of payments, including an annuity bought by petrs from independent insurance companies who use sex-based actuarial tables. The question is whether the employer has violated Title VII by offering this optio
Percolation, Uniformity, and Coherent Adjudication: The Federal Circuit Experience
Two important lessons had been taught by the reactions to the Freund and Hruska Reports. One was that it was politically unacceptable to shut off any case in the lower federal courts from access to the Supreme Court by way of certiorari, however unavailing that might be in reality. . . . In addition, a widespread sentiment was evident among the bench and bar against having specialized courts. \u2
Games Economists Play
When Professor Reichman called me about this symposium, I was intrigued. With the successive introduction of the photocopy machine, the videotape, computerization, digitization, the Internet, as well as a host of biotechnological discoveries, the problems facing the creative industries have changed dramatically. This accumulation of developments has altered the economic foundations on which intellectual property law is based and has pushed those of us in the field into a period of reconceptualization in which economic analysis is particularly fruitful. Thus, I was quite taken with the idea of bringing intellectual property and economics scholars together to promulgate a research agenda and I was, of course, delighted to be asked to contribute my thoughts.
Before I set these out, I would like to begin with a question that may seem far afield, but which will, I believe, shed light on the agenda I propose. The question is this: why are there no continental lawyers here? Given Professor Reichman\u27s prominence in international-particularly European-circles, it should seem quite puzzling. Or rather, it would be quite puzzling to me, but for my experience at the Max Planck Institute for Foreign and International Patent, Copyright and Competition Law in Munich, Germany. The Institute does wonderful, insightful work, including excellent empirical studies. But while there, I was struck by the paucity of interest in economic theory among its scholars. As one of my colleagues there explained, continental legal theorists certainly ex- amine economic facts, but they are not of the view that economic theory has a large role to play in lawmaking. This thinking is, of course, very much at odds with the core premises of those assembled here, and I would like to take a moment to explore its basis.
One reason for the difference in views on economic analysis may be specific to intellectual property. The argument here would be that although Europeans can be as theory-oriented as Americans, continental thinking about intellectual property has traditionally focused on moral arguments-claims about the personality of the author and his intimate connection to his work.\u27 In contrast, intellectual property regimes in the United States are constitution- ally defined as resting on instrumental-economic-precepts. As a result, economic analysis arguably has more to contribute here than it does abroad. But this cannot be the whole answer. It does not, for example, explain apparent continental indifference to the use of economic theory with respect to other legal issues, such as tort questions. Moreover, the rationales underlying intellectual property regimes are coalescing: as Professor Thomas Dreier has pointed out, there is more economics in continental rationales for protection than is usually acknowledged, and the TRIPS Agreement has brought these systems into even closer alignment. Thus, a mode of analysis that is utilized in the U.S. should now be relevant to Europe, even if it lacks intuitive appeal there
Creative Lawmaking: A Comment on Lionel Bently, \u3cem\u3eCopyright, Translations, and Relations between Britain and India in the Nineteenth and Early Twentieth Centuries\u3c/em\u3e
Draft Convention on Jurisdiction and Recognition of Judgments in Intellectual Property Matters
This proposal is meant to spur the intellectual property bar to consider whether it would be desirable to create a regime for international enforcement of intellectual property law judgments. Such a convention could be adopted under the auspices of the World Intellectual Property Organization ( WIPO ) or through the World Trade Organization ( WTO ).
There are several reasons to believe that an instrument drafted specifically for intellectual property disputes would be particularly advantageous. First, for intellectual property disputes, efficiency should be a principal target. Modern distribution methods, particularly satellite and Internet transmissions, make it increasing likely that intellectual property rights will be exploited simultaneously in more than one territory. The ability to consolidate claims arising from these usages in one court, with the expectation that the judgment of that court will be recognized in all convention States, could reduce costs for all sides, conserve judicial resources on an international basis, and promote consistent outcomes.
Second, a convention drafted for intellectual property disputes can take account of issues uniquely raised by the intangibility of the rights in issue. For example, an intellectual property agreement can consider the ability of a potential defendant to gain litigation advantages through the choice of the location of the activities that give rise to infringement. In certain situations, the propriety of expanding jurisdiction depends on the possibility of inconsistent outcomes; a convention tailored to intellectual property can specify what that term means in the context of public goods.
An instrument for intellectual property litigation can also deal specifically with matters of unique concern to the creative community. The strong link between culture on the one hand, and intellectual production and utilization on the other, means that the territoriality of these rights is of crucial importance: individual nations must be able to retain some control over the local conditions under which these products are created, exploited, and accessed. At the same time, an approach that creates new avenues for cross-cultural enrichment needs to be considered. For example, the circumstances where trans-border injunctions are permissible can be specified to include consideration of cultural, health, and safety issues. Other issues of prime interest to the information industries can also be considered: provisions on contract disputes can be tailored to deal with mass-market contracts, which are becoming prevalent in certain intellectual property transactions; provisions on infringement can be made sensitive to the interests of the new media, such as Internet Service Providers.
Most important, the convention can be confined to rights covered by the intellectual property part of the General Agreement on Tariffs and Trade ( TRIPs Agreement ) and open to signature only to countries that have joined the WTO and fully implemented the TRIPs Agreement. Since these are countries that have agreed to enforce intellectual property law and are subject to dispute resolution proceedings if they fail to do so, these limitations would reduce concerns that forum shopping will undermine the delicate balance that each nation has struck between the rights of intellectual property users and owners. And although dispute resolution under the WTO cannot provide litigants with a substitute for a centralized and authoritative appellate body (such as the US Supreme Court or the European Court of Justice), it can provide assurance of transparent and efficient judicial process, along with institutional mechanisms (such as dispute resolution panels, the Dispute Settlement Board, and the Council for TRIPs) for examining intellectual property law as it develops through consolidated adjudication of multinational disputes
Hoyle state and rotational features in Carbon-12 within a no-core shell model framework
By using only a fraction of the model space extended beyond current no-core
shell-model limits and a schematic effective many-nucleon interaction, we gain
additional insight within a symmetry-guided shell-model framework, into the
many-body dynamics that gives rise to the ground state rotational band together
with phenomena tied to alpha-clustering substructures in the low-lying states
in C-12, and in particular, the challenging Hoyle state and its first 2+
excitation. For these states, we offer a novel perspective emerging out of
no-core shell-model considerations, including a discussion of associated
nuclear shapes and matter radii. This, in turn, provides guidance for ab initio
shell models by informing key features of nuclear structure and the
interaction.Comment: 5 pages, 4 figure
The Jurisprudence of Genetics
In recent years, genetic research has ascended the list of national research priorities. From among the many weighty claims on the fisc, Congress has chosen to provide significant federal support for the Human Genome Initiative, a project aimed at mapping the complete set of genetic instructions that form the structure of inherited attributes. Geneticists anticipate that the project will disclose important new in- formation on human development and disease. Some go further. One influential scientist remarked that this work is the ultimate answer to the commandment \u27Know thyself.\u27
The decision to fund this Initiative, the largest biology project in the history of science, at a time of significant budgetary constraints suggests its political currency. Scientists have recently developed genetic tests, familiar from the diagnostic technologies used to identify genetic abnormalities in fetuses and newborn infants, to find the markers indicating predisposition to certain single-gene disorders such as Huntington\u27s disease. This success has bred the hope that more complex conditions, such as cancer, drug dependency, and mental illness, will ultimately be predictable and has enhanced the appeal of theories that explain human behavior in biological terms. Expectant parents now demand chromosomal testing of their babies before they are born and infertile couples often put considerable resources into the creation of genetically-related offspring. Institutions, including employers, insurers, and educators, look to biological tests to guide placement and avoid risk.\u2
Symplectic No-core Shell-model Approach to Intermediate-mass Nuclei
We present a microscopic description of nuclei in an intermediate-mass
region, including the proximity to the proton drip line, based on a no-core
shell model with a schematic many-nucleon long-range interaction with no
parameter adjustments. The outcome confirms the essential role played by the
symplectic symmetry to inform the interaction and the winnowing of shell-model
spaces. We show that it is imperative that model spaces be expanded well beyond
the current limits up through fifteen major shells to accommodate particle
excitations that appear critical to highly-deformed spatial structures and the
convergence of associated observables.Comment: 9 pages, 8 figure
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