Standing Room Only: \u3ci\u3eMadStad Engineering\u3c/i\u3e and the Potential to Challenge the Constitutionality of the America Invents Act\u27s First-Inventor-to-File Patenting System

In 2011, the Leahy–Smith America Invents Act (AIA) was signed into law, bringing significant changes to the Patent Act of 1952. Arguably, the most substantial change was the demise of the “American approach” to patent law: the “first-to-invent” patent filing system. Congress, by enacting the AIA, changed America\u27s patent system from “first-to-invent” to “first-inventor-to-file,” sparking controversy among patent scholars and practitioners, with some individuals arguing that this change was unconstitutional. Recently, the Federal Circuit faced an issue of first impression when an inventor challenged the constitutionality of the first-inventor-to-file provisions of the AIA, and by extension the AIA as a whole, under Article I, Section 8, Clause 8 of the United States Constitution in the case of MadStad Engineering, Inc. v. USPTO. While ruling against MadStad based on standing, and not on the constitutionality issue, the court gave some insight for a challenger to establish standing by showing a substantial risk of injury actually arising from the first-inventor-to-file provision of the AIA. From the MadStad ruling, it is clear that the arguments of the constitutionality of the AIA’s first-inventor-to-file provisions are far from settled

Monarch Butterfly.

This unit covers the migration of the monarch butterflies from Michoacan, Mexico, to the Northern parts of America. This Monarch Butterfly unit is geared toward WIDA level 3: developing or CEFR B2 English language learners in middle school or high school. The primary focus of this unit is reading and writing; however, the last day has a speaking activity. The scaffolding for reading included in this unit are pre-readings, during-reading activities, and vocabulary acquisition worksheets. The unit’s content goes over an introductory section, followed by an article, finally wrapping up with a cause and effect activity and tips students can do to help the Monarch butterfly migration. This unit plan is a great way to introduce the effects of climate change and how it’s affecting animals and insects

The Funeral\u27s the Thing: Unification Through the Burial Rite in Hamlet

The funeral service is an ancient custom that is deeply cultural, and Shakespeare uses it prominently in Hamlet. The play\u27s ending with Fortinbras commanding a military-like tribute for Hamlet is somewhat surprising because Hamlet was never a soldier, and he has breached the etiquette of funeral rites in the cases of Polonius, by withholding the remains immediately after the death, and Ophelia by making a spectacle with Laertes in her grave. Additionally, he has arranged for the execution before the observance of confessional rites in the case of Rosencrantz and Guildenstern. Hamlet\u27s dead march is an example of how a funeral ceremony can determine a lasting legacy. It follows the formula of other Renaissance tragedies including many of Shakespeare\u27s own; a funeral service in a tragedy is a form of tribute. The capacity of the funeral service to be a political event as well as a heraldic event is exemplified in the ostentatious funeral of Sir Phillip Sydney which helped enhance his legacy as an English historical figure. Fortinbras similarly enhances Hamlet\u27s legacy by recognizing him not as a soldier but as a king, not what he has been, but what he was meant to be. Hamlet\u27s embarrassing behavior in Ophelia’s grave transforms him, and it is not held against him. His body will be revered in the tradition of European kings, embalmed and interred, much differently than the treatment given to the bodies of Polonius and Ophelia. Through Fortinbras’ order, Hamlet becomes a king for a moment at the end of the play making him a king in our minds for the rest of time. The funeral is the vehicle through which Hamlet, the Prince is acknowledged as Hamlet the King

Conclusion: Popular Criminology Revisited

The concluding chapter discusses the significance of popular criminology, revisiting the key issues addressed in the different chapters of the book. It highlights the diversity of contemporary crime-and-deviance-related popular culture and provides an outlook for future research in the field

Individual Negotiation of Warranty Disclaimers: An Economic Analysis of an Assumedly Market Enhancing Rule

In this Article, we will examine the economic forces that shape the typical contract for the sale of goods to determine whether Berg\u27s requirements of explicit negotiation and specific disclosure are justified, and if not, whether the Berg rules should be modified or abolished. In particular, we will examine how buyers and sellers determine the terms of the contracts they enter. Most importantly, we will consider the common assertion that consumers have no ability to bargain and therefore have no influence on what terms merchants and manufacturers include in their standard contracts. We will also consider whether merchants systematically frustrate consumers\u27 preferences regarding contract terms, or whether, instead, merchants are driven by market forces to satisfy those preferences at either competitive or monopolistic prices. We will conclude by suggesting that the Berg rules are ineffective, or at best unnecessary, in furthering the consumer protection goals announced by the court itself

Individual Negotiation of Warranty Disclaimers: An Economic Analysis of an Assumedly Market Enhancing Rule

In this Article, we will examine the economic forces that shape the typical contract for the sale of goods to determine whether Berg\u27s requirements of explicit negotiation and specific disclosure are justified, and if not, whether the Berg rules should be modified or abolished. In particular, we will examine how buyers and sellers determine the terms of the contracts they enter. Most importantly, we will consider the common assertion that consumers have no ability to bargain and therefore have no influence on what terms merchants and manufacturers include in their standard contracts. We will also consider whether merchants systematically frustrate consumers\u27 preferences regarding contract terms, or whether, instead, merchants are driven by market forces to satisfy those preferences at either competitive or monopolistic prices. We will conclude by suggesting that the Berg rules are ineffective, or at best unnecessary, in furthering the consumer protection goals announced by the court itself

Choreography, controversy and child sex abuse: Theoretical reflections on a cultural criminological analysis of dance in a pop music video

This article was inspired by the controversy over claims of ‘pedophilia!!!!’ undertones and the ‘triggering’ of memories of childhood sexual abuse in some viewers by the dance performance featured in the music video for Sia’s ‘Elastic Heart’ (2015). The case is presented for acknowledging the hidden and/or overlooked presence of dance in social scientific theory and cultural studies and how these can enhance and advance cultural criminological research. Examples of how these insights have been used within other disciplinary frameworks to analyse and address child sex crime and sexual trauma are provided, and the argument is made that popular cultural texts such as dance in pop music videos should be regarded as significant in analysing and tracing public perceptions and epistemologies of crimes such as child sex abuse