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    Top Tens in 2016: Patent, Trademark, Copyright and Trade Secret Cases

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    The Supreme Court issued several rulings that affect incentives in patent law. The Court relaxed the standard for the award of treble damages, narrowed the damages awards for infringement of design patents, and upheld key parts of the new procedures for challenging the validity of patents before the United States Patent and Trademark Office. After numerous decisions holding claimed inventions to be outside patentable subject matter in the wake of the Supreme Court’s 2014 Alice decision, the Federal Circuit rejected some challenges on those grounds, evincing a split among the circuit’s judges on the bounds of patentable subject matter. Several decisions affected legal boundaries: whether federal copyright law preempted state law rights for resale royalties and right of publicity, and whether trade secret law preempted claims for unjust enrichment. Courts continue the trend to limit injunctions, where parties have delayed or seek overbroad orders. Trademark decisions stretched the limits of the Lanham Act, to reach foreign sales of goods bought in the US and protection of foreign marks within the US, as well as triggering nationwide US trademark protection upon the most minor use of a mark. In copyright, evergreen issues include the scope of fair use and the conditions for immunity for internet service providers. Trade secret saw a new federal trade secret act, along with cases on all the major elements of trade secret misappropriation, in such areas as beehive foraging and bacon cooking. This paper also uses the collection of cases to conjecture a little on cognitive factors that affect judicial reasoning. Judges have the same cognitive biases as other humans. We can read judicial decisions, speculatively, with an eye toward how the judges unconsciously seek cognitive ease. The paper also discusses how the holdings of some cases may affect subsequent the decision process in some intellectual property matters

    DICTA, vol.16, no.2, 2017

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    DICTA is the student newspaper of Suffolk University Law School. This collection represents a small selection of the paper\u27s full print run; paper copies of the full run of issues are available at the Moakley Archive.https://dc.suffolk.edu/dicta/1006/thumbnail.jp

    Proving Hate: The Difficulties of Successfully Prosecuting Bias-Motivated Crimes

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    Suffolk Journal, vol. 81, no. 1, Orientation Issue, 2017

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    https://dc.suffolk.edu/journal/1649/thumbnail.jp

    Personal Growth Initiative and Valuing Personal Growth in a Sample of Patients Treated in an Acute Psychiatric Setting

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    The role of personal growth in psychological functioning has been emphasized throughout the history of psychology (e.g., Erikson, 1950; Ryff, 1989a; 1989b). Recently, Robitschek and colleagues (2012) proposed that personal growth initiative (PGI) is a developed skill set that supports intentional and active engagement in growth processes. Although PGI has previously been found to be positively associated with measures of psychological well-being and negatively associated with indices of psychological distress, to date this research has been limited by the frequent use of cross-sectional designs and non-clinical (primarily student) samples. Further, the importance of valuing personal growth (VPG), posited to be a key component of PGI, has gone unstudied. These personal growth variables are particularly relevant to explore in a clinical population, since they may be important predictors of response to psychotherapy, they may be malleable, and as such, appropriate targets for therapy. This study examined PGI and VPG longitudinally in a clinical population, in order to determine their relationship with psychological distress and well-being. The current study also examined whether treatment response was predicted by PGI and VPG, whether PGI and VPG change as a function of treatment, and if so, whether the cultivation of personal growth variables predicted response to treatment. Two hundred and sixty nine patients in an acute psychiatric setting filled out measures of PGI, VPG, and psychological functioning at admission and discharge from treatment in a partial hospitalization program. Both PGI and VPG were significantly and negatively associated with depression and significantly and positively associated with psychological well-being at baseline. Baseline personal growth variables did not predict changes in depression, well-being or clinical global improvement at treatment discharge. Personal growth variables significantly increased from baseline to post-treatment, and changes in personal growth variables over the course of treatment were correlated with changes in depression and well-being, as well as clinical global improvement. Moreover, changes in PGI and VPG significantly predicted changes in depression and well-being over and above the previously established predictors of treatment credibility and expectancy (Webb, Kertz, Bigda-Peyton, & Björgvinsson, 2013). Results from this study expand our understanding of the construct of personal growth and potentially inform interventions aimed at enhancing psychological functioning. The results of this study suggest that personal growth is a relevant construct to explore in the context of psychotherapy, and that valuing personal growth is an important part of this construct. Findings provide implications for personal growth as a potential mechanism to enhance psychological functioning. Future directions should include assessing personal growth variables at multiple time points over the course of treatment in order to examine mediation, as well as following treatment discharge. Replicating findings and examining personal growth variables in different clinical contexts should be researched as well

    Suffolk University Undergraduate Academic Catalog, College of Arts and Sciences, 2017-2018

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    This catalog contains information for the undergraduate programs in the College of Arts and Sciences. The catalog is a PDF version of the Suffolk website, so many pages have repeated information and links in the document will not work. The catalog is keyword searchable by clicking ctrl+f. A-Z course descriptions are also included here as a separate PDF file listing all CAS course offerings. Please contact the Archives if you need assistance navigating this catalog or finding information on degree requirements or course descriptions.https://dc.suffolk.edu/cassbs-catalogs/1175/thumbnail.jp

    Writing Lockdowns: A Path to Mindful Writing

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    As is often said, lawyers are writers. Thus, good writing is critical for success in the law. Yet even the best writers sometimes struggle. The writing process may include peaks and valleys, starting out in the “forest of delusions of grandeur,” and then traveling into “crippling insecurity-ville.” Along the way, procrastination and writer’s block may contribute to feelings of being overwhelmed when writing efforts stall and deadlines loom. Layer on the fast-paced digital world of constant multi-tasking and hyperconnectivity to e-mail, social media, and text-messaging, and writers can be left feeling distracted and frazzled while their focus decreases and their stress rises. Now more than ever, writers need to find ways to practice mindful writing. Mindful writing means focusing on the task at hand, not dwelling on past writing projects or worrying about future ones. It may seem simple enough, but it isn’t easy. Being a mindful writer, focused on the present, is a skill that can be learned with practice, and it pays big dividends in the legal profession

    Suffolk Journal, vol. 80, no. 14, 3/1/2017

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    https://dc.suffolk.edu/journal/1642/thumbnail.jp

    Suffolk Journal, vol. 81, no. 4, 10/4/2017

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    https://dc.suffolk.edu/journal/1652/thumbnail.jp

    Suffolk Journal, vol. 81, no. 2, 9/20/2017

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    https://dc.suffolk.edu/journal/1650/thumbnail.jp

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