1,804 research outputs found

    QUALITY DIFFERENCES AND PRICE RESPONSIVENESS OF WHEAT CLASS DEMANDS

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    Price responsiveness and preferences for wheat classes are measured using a Case function specification. Results indicate there have been numerous changes in market shares of wheat classes from different exporters in specific markets. In general, quality differentials are important in some international markets; in others, relative prices are more important in determining market shares.Crop Production/Industries,

    The Applicability of the Distribution Coefficient, KD, Based on Non-Aggregated Particulate Samples from Lakes with Low Suspended Solids Concentrations

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    Separate phases of metal partitioning behaviour in freshwater lakes that receive varying degrees of atmospheric contamination and have low concentrations of suspended solids were investigated to determine the applicability of the distribution coefficient, KD. Concentrations of Pb, Ni, Co, Cu, Cd, Cr, Hg and Mn were determined using a combination of filtration methods, bulk sample collection and digestion and Inductively Coupled Plasma-Mass Spectrometry (ICP-MS). Phytoplankton biomass, suspended solids concentrations and the organic content of the sediment were also analysed. By distinguishing between the phytoplankton and (inorganic) lake sediment, transient variations in KD were observed. Suspended solids concentrations over the 6-month sampling campaign showed no correlation with the KD (n = 15 for each metal, p > 0.05) for Mn (r2 = 0.0063), Cu (r2 = 0.0002, Cr (r2 = 0.021), Ni (r2 = 0.0023), Cd (r2 = 0.00001), Co (r2 = 0.096), Hg (r2 = 0.116) or Pb (r2 = 0.164). The results implied that colloidal matter had less opportunity to increase the dissolved (filter passing) fraction, which inhibited the spurious lowering of KD. The findings conform to the increasingly documented theory that the use of KD in modelling may mask true information on metal partitioning behaviour. The root mean square error of prediction between the directly measured total metal concentrations and those modelled based on the separate phase fractions were ± 3.40, 0.06, 0.02, 0.03, 0.44, 484.31, 80.97 and 0.1 μg/L for Pb, Cd, Mn, Cu, Hg, Ni, Cr and Co respectively. The magnitude of error suggests that the separate phase models for Mn and Cu can be used in distribution or partitioning models for these metals in lake water

    Photosynthetic thermal tolerance and recovery to short duration temperature stress in desert and montane plants: A comparative study

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    Climate change models predict an increase in frequency and amplitude of extreme weather events, including heat waves. To better predict how the composition and distribution of plant assemblages might respond to these changes in temperature, it is important to understand how species currently respond to these extremes. Photosynthetic thermal tolerance (T25)and photosynthetic recovery (RT25) were quantified in 27 species. We also studied the relationships between T25, RT25 and leaf mass per area (LMA). Leaf temperature was also monitored in the field. Leaves used in this study were collected from two distinct environments representing desert and montane plant assemblages. T25 and RT25 were measured using a chlorophyll fluorescence protocol incorporating sub-saturating light and short duration heat stress. Mean T25and LMA were significantly different between environments. Mean RT25 was not significantly different between environments. There was a positive relationship between T25 and LMA in both environments. The ability to recover from heat stress does not differ between two biomes that experience vastly different mean maximum temperatures during the summer months. LMA is a predictive leaf trait for thermal tolerance

    Review of Judging Credentials: Nonlawyer Judges and the Politics of Professionalism by Doris Marie Provine

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    Doris Marie Provine\u27s Judging Credentials is a provocative work that draws on and furthers the critical approach to the study of professions. The book is a study of judges in lower courts of limited jurisdiction who are not lawyers, a group of considerable size. There are over 13,000 of them in the United States. In this work Provine examines the legal profession\u27s assertion that these judges are inferior to judges who are lawyers. Contrary to both professional claims and popular belief, Provine argues that lay judges in America\u27s lower courts perform as well as their lawyer counterparts. Her conclusions derive from extensive original survey data as well as from a thorough analysis of the pertinent literature on lay judges. Provine argues that although characterizations of lay judges\u27 incompetence are empirically unsubstantiated, they nevertheless reveal much about the political and cultural control exerted by professions. Provine\u27s work demystifies lawyers\u27 mandate for monopoly control over judgeships, and it challenges professional ideology while simultaneously exposing its considerable force in contemporary society

    IP Legal Ethics in the Everyday Practice of Law: An Empirical Perspective on Patent Litigators

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    This article presents preliminary findings from a qualitative empirical study of patent litigators. Part of a larger and ongoing project studying intellectual property lawyers in patent, trademark, and copyright enforcement and litigation actions, this article focuses on ethical decision-making by patent litigators in the pretrial discovery process. The article is based on data from in-depth, semistructured interviews with fifty-five patent litigators and from a detailed case study of the infamous Qualcomm patent sanctions case. The article critically examines how patent litigators perceive of and respond to ethical issues that arise in the discovery process. It also analyzes the structural and cultural factors that influence ethical decision-making, as patent litigators navigate the multiple and often conflicting demands made throughout the discovery process by clients, firms, colleagues, and ethical rules. A significant finding from this study is that the threat of Qualcomm-like discovery sanctions is largely irrelevant to the everyday practice of patent litigators and has had little effect on their ethical decision-making. To-date there are few empirical studies of intellectual property lawyers or of legal ethics “in action.” This study begins to fill that gap

    Trademark and Copyright Enforcement in the Shadow of IP Law

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    In recent years, as Congress has created new intellectual property (IP) rights and courts have often interpreted those rights broadly, legal scholars have frequently decried the expanded scope of protection afforded IP owners in most substantive areas of IP law. According to this critique, the over-expansion of IP rights throughout the past two decades harms competition, chills free speech, and diminishes the public domain as increasingly broad areas of social life are brought within the scope of strong IP protection. While this over-expansion theory reflects an important—indeed, foundational—policy debate concerning the proper balance between IP owners’ rights and the public’s rights of access to the information, ideas, and expressions that IP protects, it is incomplete because it focuses largely on what Congress or the courts do. In reality, most enforcement of IP rights takes place not in court, but in the everyday practices of IP owners and their lawyers. “Cease and desist” letters, phone calls, and negotiations with alleged infringers constitute the bulk of IP enforcement efforts in trademark and copyright practice. To be sure, these efforts take place in the “shadow” of IP law and are therefore influenced by it. But it is in these everyday practices—and not in trial or appellate courts—that most IP rights are asserted, resisted, and negotiated. Thus, if we want to know whether IP rights are over-enforced or over-extended, we need to know how, why, and to what effect these rights are exercised in the everyday practices of IP owners and their lawyers. To date, however, IP scholarship has focused virtually no attention on this critical arena of everyday practice. This Article presents findings from a qualitative empirical study of the trademark and copyright disputing process outside of court, based on original data derived from semi-structured interviews with experienced IP attorneys who advise clients on how to enforce their rights. This research is one of the first studies to examine how trademark and copyright claims are actually enforced in practice. One significant finding from this study is that “repeat player” trademark and copyright owners (and their lawyers) knowingly assert weak IP claims at times—precisely because it works, as enforcement targets are unable or unwilling to resist claims that may lack legal merit due to the costs and uncertainties of threatened litigation. Moreover, the lawyers who assert weak IP claims have ready practical and ethical justifications for their actions. This study also suggests that legal sanctions directed at deterring over-reaching IP enforcement are unlikely to be effective because most such over-reaching occurs in informal disputing processes outside of the legal system

    14th Annual Recent Developments in IP Law and Policy Conference

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    14th Annual Recent Developments in IP Law and Policy ConferenceGolden Gate University School of LawProgram Schedule October 30, 2015 Room 220

    15th Annual Recent Developments in IP Law and Policy Conference

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    Program booklet for the 15th Annual Recent Developments in IP Law and Policy Conference at Golden Gate University School of Law. Program: Registration/Check-in 8:30 – 9:00 2nd floor lobby Welcoming Remarks 9:00 – 9:15 - Director William Gallagher - University President David Fike Patent Law Year in Review 9:15 – 10:15 - Justin Beck (Beck, Bismonte & Finley LLP) - Brian Mitchell (Mitchell & Company) Morning Break 10:15 – 10:30 Trademark Law 10:30 – 11:30 Thomas Harvey (Coblentz, Patch, Duffy and Bass, LLP) Privacy Law 11:30 – 12:30 Adam Sand (Shopkick.com) Lunch 12:30 – 1:45 Pick up lunch in 2nd floor. lobby Keynote Presentation 1:45 - 2:45 John Cabeca (Director, Silicon Valley U.S. Patent and Trademark Office) Afternoon Break 2:45 – 3:00 How to Keep a Secret 3:00 – 4:00 Amy Van Zant (Orrick LLP) Careers in IP Law (Panel) 4:00 – 5:00 - Moderator: Eric Gelwicks (LiveNation) - David Murphy (Kabam) - Geoff Piper (Box) - Kiffanie Stahle (Stahle Law and The Artist\u27s JD) - Michael Sutliffe (Blakely Sokoloff Taylor & Zafman LLP) Closing Remarks 5:00 – 5:15 Director William Gallagher Post-conference Reception 5:15 – 7:00 Room 621

    Book Review: The Oxford Handbook of Empirical Legal Rearch

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    The Oxford Handbook of Empirical Legal Research, edited by Peter Cane and Herbert M. Kritzer, is an excellent scholarly resource that is especially timely given the recent resurgence of interest by (mostly) legal academics in the empirical study of law. As the editors suggest, it is precisely because of this resurgent interest that it is important to understand contemporary empirical legal research in the context of its historical and institutional roots and in light of ongoing scholarly debate about the most appropriate methodologies for conducting this type of research
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