A Rose by Any Other Name: Trademark Protection of the Names of Popular Music Groups

As the economic value of the names of popular music groups has burgeoned, courts have increasingly been forced to grapple with the complex issues of trademark ownership and infringement of those group names. This article examines those complex issues and sets forth criteria to assist courts as they struggle to resolve them. The article first explores the trademark and contractual methods available for establishing ownership of a popular music group\u27s name. Next, the article examines the manner in which an infringement is determined under the principles of trademark law both in the absence of and the presence of contractual allocations. Following this examination, the article explores the use of injunctive relief to remedy adjudged infringements. The article then concludes by setting forth the criteria that courts should consider in awarding ownership of and in prohibiting infringement of the names of popular music groups

THE IMPORTANCE OF UNMARRIED RESIDENTIAL FATHERS TO MATERNAL AND CHILD HEALTH: THE ASSOCIATION BETWEEN PRENATAL INVOLVEMENT AND BIRTH OUTCOMES

Rates of low birth weight and preterm birth in the United States remain higher than those of other industrialized countries. The influence of fathers during the pregnancy period and the impact they have on birth outcomes represent under-researched areas in the field of maternal and child health. This study used nationally representative data from the Early Childhood Longitudinal Study - Birth cohort (2001) to explore three lines of research. Approximately 850 children of unmarried residential fathers comprised the analytic sample. First, as several studies have used paternity acknowledgement as a proxy for paternal involvement during the pregnancy, this study tested three fatherhood constructs to determine if they were associated with whether the father's name was listed on the birth certificate. This study then examined if these fatherhood constructs were associated with low birth weight and preterm birth. Two mediating pathways were considered: change in maternal smoking during pregnancy and adequacy of prenatal care. Finally, the influence of state-level paternity establishment rates on the association between fatherhood constructs and father's name on the birth certificate was studied. The results indicated that paternal history of negative behaviors was associated with the unmarried residential father being named on the birth certificate. Furthermore, children who lived in states with high rates of paternity establishment were more likely to have their father's name on the birth certificate. Paternal prenatal involvement was associated with both an increased chance of receiving adequate prenatal care and a reduced risk of low birth weight. Maternal smoking during pregnancy was reduced when both parents wanted the pregnancy, and not reduced when the father had a history of negative behaviors. This study supports the conclusion that paternal prenatal involvement is an important area to be considered in the reduction of adverse birth outcomes. Moreover, this study adds to our understanding of some limitations of using the father's name on the birth certificate as a proxy for paternal involvement during pregnancy for unmarried residential fathers. Finally, although mediation was not evident, this study confirms the influential role that unmarried residential fathers play in maternal health behaviors

In Search of Adequate Protection for Choreographic Works: Legislative and Judicial Alternatives vs. The Custom of the Dance Community

One of the improvements in the 1976 Copyright Act was the specific recognition of choreographic works as copyrightable material. The Act\u27s focus on the protection of economic rights, however, fails to address the primary interest of the dance community in the preservation of moral rights in a work. The author examines the unique concerns of choreographers, and concludes that it is customary, and not legislative or judicial, law that continues to provide the best protection of choreographers\u27 artistic interests

The Reason of the Common Law

Although the present meaning of reason has been reduced to discrete definitions, precise interpretations did not exist in medieval England. Rather, reason was defined by its role in the adjudicatory process. During the late medieval period, reason came to embody the very essence of the common law as courts recognized that it could be used to prevent procedural rules from infringing upon substantive rights. Relying upon Year Book cases and jurisprudential works, the author describes how the chameleon-like character of reason helped to shape the medieval English common law

The Reason of the Common Law

Although the present meaning of reason has been reduced to discrete definitions, precise interpretations did not exist in medieval England. Rather, reason was defined by its role in the adjudicatory process. During the late medieval period, reason came to embody the very essence of the common law as courts recognized that it could be used to prevent procedural rules from infringing upon substantive rights. Relying upon Year Book cases and jurisprudential works, the author describes how the chameleon-like character of reason helped to shape the medieval English common law

An evaluation of a series of sixth grade compositions to determine growth in originality, elaborative thinking, and vocabulary

Thesis (Ed.M.)--Boston Universit

Post-stroke lateropulsion and rehabilitation outcomes: A retrospective analysis

Purpose: A person with post-stroke lateropulsion actively pushes themselves toward their hemiplegic side, or resists moving onto their non-hemiplegic side. This study aimed to determine the association of lateropulsion severity with: • Change in function (Functional Independence Measure – FIM) and lateropulsion severity (Four-Point Pusher Score – 4PPS) during inpatient rehabilitation; • Inpatient rehabilitation length of stay (LOS); • Discharge destination from inpatient rehabilitation. Methods: Retrospective data for 1,087 participants (aged ≥65 years) admitted to a stroke rehabilitation unit (2005–2018) were analysed using multivariable regression models. Results: Complete resolution of lateropulsion was seen in 69.4% of those with mild lateropulsion on admission (n = 160), 49.3% of those with moderate lateropulsion (n = 142), and 18.8% of those with severe lateropulsion (n = 181). Average FIM change was lower in those with severe lateropulsion on admission than those with no lateropulsion (p \u3c 0.001). Higher admission 4PPS was associated with reduced FIM efficiency (p \u3c 0.001), longer LOS (p \u3c 0.001), (adjusted mean LOS: 35.6 days for those with severe lateropulsion versus 27.0 days for those without), and reduced likelihood of discharge home (p \u3c 0.001). Conclusion: Post-stroke lateropulsion is associated with reduced functional improvement and likelihood of discharge home. However, given a longer rehabilitation duration, most stroke survivors with moderate to severe lateropulsion can achieve important functional improvement. Implications for Rehabilitation: While people with post-stroke lateropulsion can be difficult to treat and require more resources than those without lateropulsion, the majority of those affected, even in severe cases, can make meaningful recovery with appropriate rehabilitation. Although those with moderate to severe post-stroke lateropulsion may have poorer outcomes (longer LOS and reduced likelihood of discharge home) it is still important to advocate for access to rehabilitation for this patient group to give them the opportunity for optimal functional recovery