1,206 research outputs found
Oceanographic influences on the sea ice cover in the Sea of Okhotsk
Sea ice conditions in the Sea of Okhotsk, as determined by satellite images from the electrically scanning microwave radiometer on board Nimbus 5, were analyzed in conjunction with the known oceanography. In particular, the sea ice coverage was compared with the bottom bathymetry and the surface currents, water temperatures, and salinity. It is found that ice forms first in cold, shallow, low salinity waters. Once formed, the ice seems to drift in a direction approximating the Okhotsk-Kuril current system. Two basic patterns of ice edge positioning which persist for significant periods were identified as a rectangular structure and a wedge structure. Each of these is strongly correlated with the bathymetry of the region and with the known current system, suggesting that convective depth and ocean currents play an important role in determining ice patterns
Use of capillary electrophoresis as a method development tool for classical gel electrophoresis
Capillary electrophoresis (CE) was used to optimize the
buffer pH, ionic strength and sulfated cyclodextrin
concentrations for enantiomeric separation of piperoxan.
These enantioseparation conditions were then applied to a
classical gel electrophoresis system. Binding constants of
the sulfated beta-cyclodextrin–piperoxan couple were
approximated using CE and the effects of organic solvents
on the system were also investigated
Rehabilitation measures for the hard of hearing: a study of twenty-five patients referred from the Massachusetts Eye and Ear Infirmary to the Boston Guild for the Hard of Hearing
Thesis (M.S.)--Boston University, 1947. This item was digitized by the Internet Archive
Recent Decisions
Arbitration--Transnational Antitrust Claims are Nonarbitrable under the Federal Arbitration Act and Article II (1) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards--Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 723 F.2d 155 (1st Cir.1983), cert. granted, 105 S. Ct. 291 (1984).
Comment
The instant decision marks the first time a court has considered whether to apply the United States domestic policy of preserving antitrust issues for judicial determination to an international contract containing a mandatory arbitration clause. The First Circuit\u27s decision to apply domestic policy undermines the preeminent goal of the Convention, which is to encourage arbitration of international commercial disputes, and diminishes the advantages traditionally associated with arbitration. A policy encouraging litigants to raise minor and possibly fabricated antitrust claims will encumber an already overloaded judicial system. The party who perceives a disadvantage in prompt and certain arbitration before a predetermined forum can now opt to delay the proceeding by raising a collateral antitrust claim. The court reached its conclusion by applying a dormant provision of the Convention and distinguishing the precedent established by the Supreme Court in Scherk. Its reasoning on both counts is not persuasive.
Lucy C. Gratz
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International Banking--The International Banking Act of 1978 Limits the States\u27 Ability to Regulate Foreign Bank Entry, Conference of State Bank Supervisors v. Conover, 715 F.2d 604 (D.C. Cir. 1983), cert. denied, 104 S. Ct. 1708 (1984).
Comment
The instant decision is the first to address whether the IBA permits states to exercise their reciprocity laws to prohibit the entry of foreign banks operating pursuant to federal charter. In determining whether section 4(a) enables states to prohibit foreign bank entry on a discretionary basis, the court of appeals prudently declined to rely on either the language or the legislative history of that section because neither offers a clear indication of Congressional intent. Instead, the court based its decision on the overriding objective of Congress to accord foreign banks national treatment through the IBA. The legislative history of the IBA clearly indicates Congressional intent to treat foreign banks essentially the same as similarly situated domestic banks . Accordingly, consideration of the broad legislative policy was a sound basis for the court\u27s decision. If Congress had wanted to enable states to exercise their reciprocity laws to prohibit the entry of federally chartered branches or agencies, it could have made that purpose explicit in the statute. Without an unequivocal mandate, a policy that would allow individual states to discriminate in regulating foreign bank entry would be inconsistent with the IBA\u27s goal of national treatment. The instant decision supports the general United States policy to treat foreign enterprises doing business in the United States as the competitive equals of their domestic counterparts.
Laurel Comstock William
Recent Decisions
Arbitration Transnational Antitrust Claims are Nonarbitrable under the Federal Arbitration Act and Article II (1) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards--Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 723 F.2d 155 (1st Cir.1983), cert. granted, 105 S. Ct. 291 (1984).
Lucy C. Gratz
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International Banking--The International Banking Act of 1978 Limits the States\u27 Ability to Regulate Foreign Bank Entry, Conference of State Bank Supervisors v. Conover, 715 F.2d 604 (D.C. Cir. 1983), cert. denied, 104 S. Ct. 1708 (1984).
Laurel Comstock William
Brief of Amici Curiae - Copyright and Intellectual Property Law Professors in Support of Defendant-Petitioner Pandora Media, Inc.
Brief submitted to the Supreme Court of the State of California.
Case No. S240649 FLO & EDDIE, INC., Plaintiff-Respondent, v. PANDORA MEDIA, INC., Defendant-Petitioner.
Plaintiff Flo & Eddie, Inc., contends that the phrase “exclusive ownership” in California Civil Code section 980 includes all possible uses to which a copyrightable work may be put, including an exclusive right of public performance. At the time California Civil Code section 980 was first enacted in 1872, however, the phrase “exclusive ownership” in relation to a copyrightable work meant something different and much narrower: namely, the right of first publication (reproduction and sale) only. Since the phrase “exclusive ownership” was retained without change in the subsequent 1947 and 1982 amendments to Civil Code section 980, the phrase should be interpreted today in accordance with its original, common-law meaning. Moreover, for the past 75 years it has been considered settled law that there were no public performance rights in sound recordings under state law. If this Court were to interpret California Civil Code section 980 to grant such rights, for the first time, such a ruling would apply not only to Internet broadcasters, but also to every radio and television network and broadcast station whose signal reaches viewers and listeners located in California. Because broadcast signals cannot be confined to the borders of a single state, such a ruling would improperly burden communication to out-of-state listeners as well, in violation of the dormant commerce clause
The Apolipoprotein E Antagonistic Pleiotropy Hypothesis: Review and Recommendations
Research on apolipoprotein E (APOE) has consistently revealed a relationship between the gene's ε4 allele and risk for development of Alzheimer's disease (AD). However, research with younger populations of ε4 carriers has suggested that the APOE ε4 allele may in fact be beneficial in earlier ages and may only confer risk of cognitive decline later in life. Accordingly, we and others have proposed that APOE may represent an example of antagonistic pleiotropy. Antagonistic pleiotropy is an evolutionary biology concept that proposes certain genes or alleles that may differentially impact fitness during different life stages. We critically review this hypothesis in light of new research of the impact of APOE on cognition and neural integrity across the lifespan. We provide recommendations for the revision of the antagonistic pleiotropy hypothesis of APOE and suggest important avenues for future research in this area
Recommended from our members
Strategic Analysis of the Role of Information Technology in Higher Education – A KPI-centric model
The KPI-centric Strategic Model regarding the Role of Information Technology developed in this research is based on specific details from the University of La Verne’s participation in the 2014 Educause Center for Analysis and Research (ECAR) Study of Undergraduate Students and Information Technology as a benchmarking participant. It also draws on the experience and directions of other institutions such as California State University, University of California. As one of the participating 213 institutions, the University of La Verne’s undergraduate student responses generally mirror the majority view of students enrolled in all institutions of higher education in the United States surveyed as to preferences for the use of technology in the delivery of courses. This case study examines key data points from the ECAR Study of Undergraduate Students and Information Technology published in 2015, comparing and contrasting all U.S. institution findings with those that are case specific to the University of La Verne. The authors then provide a model for utilizing key performance indicators (KPIs) measuring subjective, descriptive outcomes such as student expectations and student satisfaction with the use of Information Technology in course delivery. The model is presented within the framework of a Balanced Scorecard in order to achieve data-driven continuous improvement toward institutional strategic vision, mission, goals and objectives. This case study may serve as a template for other institutions of Higher Education to develop their own Key Performance Indicators and Balanced Scorecards to not only improve their own institutional performance to goals and objectives, but to provide opportunities for institutional benchmarking in the utilization of Information Technology
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Utilization of Information Technology as Instructional Support in Higher Education – A Case Study
Despite significant increases in the growth of online education, a review of research reveals few studies of faculty perceptions of the use of technology in classrooms in higher education. Research can explore and illuminate how to bridge the gap between faculty perceptions and institutional goals and objectives for online programs. The study at hand presents the views of full-time and adjunct faculty across the colleges, both on- and off-campus, and the online community, at the University of La Verne, a private Tier II doctoral degree-granting institution located in Southern California
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