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The Story of Baker v. Selden
No full textThe Story of Baker v. Selden: Sharpening the Distinction between Authorship and InventionTo be published in Jane C. Ginsburg and Rochelle C. Dreyfuss, Intellectual Property Stories (forthcoming Foundation Press 2005)This Story grows out of a study of the Supreme Court Record and other historical materials about the well-known 1880 copyright case of Baker v. Selden. Among the surprises the Story reveals are that Selden was not, as some have surmised, the author of a treatise on bookkeeping, nor was he the inventor of the now universally used T-account system of bookkeeping. Selden’s books are better described as minor variants on one another, consisting of 20-some pages of bookkeeping forms with sample entries, a short preface, and an introduction. Most of the 650 words of text in the last book puff the merits of his system rather than explaining how to use it. Baker, not Selden, is mentioned in works on the history of bookkeeping, and Baker’s books on bookkeeping (but not Selden’s) are still available in various public and university libraries. Though burdened with thousands of dollars of debt, Selden’s widow hired a prominent intellectual property lawyer to represent her in the lawsuit against Baker which charged him with pirating the Selden system. She believed she was owed damages (in today’s dollars) of a quarter-million dollars a year from Baker and his customers. Baker probably lost at the trial court level because he hired an inexperienced young lawyer; Baker won before the Supreme Court in part because he was represented by a team of supple heavy-hitters.The most important lesson of this Story concerns the legal principle the Court was trying to promulgate. Although Baker v. Selden is widely cited as the genesis of the “idea/expression” distinction in copyright law, the Story shows that this distinction predated Baker. Nor is Baker the genesis of the “merger” doctrine (which holds that if an idea can only be expressed in one or a small number of ways, copyright law will not protect the expression because it has “merged” with the idea). The main objective of the Supreme Court’s decision was to sharpen the distinction between authorship and invention. The complaint spoke of Selden as the author and inventor of several books and of a bookkeeping system. His lawyer kept speaking about its novelty in the state of the art. Selden’s widow claimed exclusive rights not only to stop Baker from publishing competing books, but also to collect damages from all of Baker’s customers for their use of the infringing system. That Selden had sought, but apparently not obtained, a patent on his bookkeeping system seems to have affected the Court.To clarify the proper roles of patent and copyright in protecting the fruits of intellectual labor, the Baker opinion introduced a new framework for analyzing copyright claims. It directed courts to consider whether the defendant had copied the author’s description, explanation, illustration, or depiction of a useful art (such as a bookkeeping system) or ideas, or had only copied the useful art or ideas themselves. In the absence of a patent, the useful art depicted in a work, along with its ideas, could be used and copied by anyone, even in directly competing works. Any necessary incidents to implementing the art (e.g., blank forms illustrating use of the system) could likewise be used and copied by second comers without fear of copyright liability.The Baker opinion’s rich analysis of the roles of copyright and patent in protecting intellectual creations has, over the past 125 years, spawned at least eight significant copyright doctrines, including four codified in the Copyright Act of 1976, as well as a few enduring controversies
Some Reflections on Baker v. Carr
No full textThis article is based on the author\u27s address before the Vanderbilt University School of Law in connection with the school\u27s 1962 Law Day ceremonies. In it, Mr. Katzenbach examines the positions of the various opinions in Baker v. Carr, the significance of the case both for Tennessee and the country as a whole, and the various alternatives open to the district courts for implementing the decision
Letter from Mrs. Ume H. Kamae to Edward J. Ennis, May 29, 1943
No full textTyped correspondence from Mrs. Ume H. Kamae to Edward J. Ennis, and sent to the Col. L.A. Ledbetter and Leo V. Silverstein. The correspondence asks for a rehearing and release of Takashi Kamae, Ume Kamae's husband. The letter also describes the life and pastoral work of Takashi Kamae.The Bishop James Chamberlain Baker Collection includes letters, documents, and articles about Japanese Americans during World War II. Subjects in the collection include Japanese Americans mass removal, Pearl Harbor and the aftermath, religion, and support from the non-Japanese American community. The collection was digitized and made accessible online by CSUDH Gerth Archives and Special Collections
DOC, POC, d13C-POC, PN from a diffuse vent in West Mata sampled in May 2009 using ROV Jason II deployed from R/V Thomas Thompson.
No full textDataset: West Mata 2009 DOC,13C-POC, DONDOC, POC, d13C-POC, PN from a diffuse vent in West Mata sampled in May 2009 using ROV Jason II deployed from R/V Thomas Thompson.
For a complete list of measurements, refer to the full dataset description in the supplemental file 'Dataset_description.pdf'. The most current version of this dataset is available at: https://www.bco-dmo.org/dataset/844580NSF Division of Ocean Sciences (NSF OCE) OCE-092988
Arbitration and Investment Protection within the Context of the Energy Reform in Mexico: A First Approach based on COMMISA v. PEMEX and KBR v. Mexico
No full textThe energy reform in Mexico has implemented far-reaching changes in the political, economic, and legal spheres of the country. Any process whereby an industry is opened to private investment investment gives rise to the possibility of disputes that need to be settled within an environment of legal certainty. International arbitration in general, and investment arbitration in particular, are tools that serve both the investor and the state to properly resolve disputes that arise in the energy sector. However, the author argues that a balance must be sought between the legitimate interests and expectations of an investor and the public policy interests of the state, particularly whenever a sector as significant as energy is concerned
The Telluric Corrected IAG Solar Flux Atlas
No full textThe telluric-corrected IAG solar flux atlas was derived from ~100 spectra taken on the Vacuum Vertical Telescope (VVT) at the Institut für Astrophysik in Göttingen, Germany. The resolution of the data is R~106 . The spectra are iodine calibrated and span from 9020-19990cm-1 (500-1100nm).
The data are presented in fits tables. The IAG telluric corrected solar atlas is "iag_telfree.fits" with column names 'v', 's', 'err', 'flags' for the wavenumber array, solar spectrum, error, and flag array. Please refer to 'open_data.py' for details on the telluric spectra column names - this script will open the solar atlas and telluric spectra and plot each (check that the filenames and data path are correct before running).
Things to watch out for:
There are a few places where the continuum correction did not work well. Continuum stitching occurs at every multiple of 10cm-1. If you see a weird feature at one of these points, it could be due to mismatched continua on either end. Also around the laser line at 633nm the continuum offsets between spectra are not corrected well. This is due due to limitations in how offsets are corrected for in the fits, but this can be corrected for by performing your own continuum normalization to the spectra in this region.
Sometimes the spline model would try to fill in the core of a telluric line. These usually are identifiable using the flag array if you are using the solar model, but may affect telluric analysis since a slight over subtraction occurred in these lines. This effect is worse when the continuum is low (notably around 9200cm-1, 15233cm-1, and 16955cm-1). One could excise these points using the flag array to identify them and then interpolate over these regions if desired.
The iodine lines cause small, sharp residuals in the blue end of the spectra due to changes in the cell’s spectrum w.r.t. the template over time. The solar spectrum uncertainties capture these well, but note that these residuals will be worse in the telluric spectra.
All spectra were shifted to match the wavelength solution of the Salami & Ross 2005 iodine template
For more details, please refer to the paper, Baker et al 2020, The IAG Solar Flux Atlas: Telluric Correction with a Semi-Empirical Model. Questions are welcome; feel free to direct them to the corresponding author
So Extraordinary, So Unprecedented an Authority : A Conceptual Reconsideration of the Singular Doctrine of Judicial Review
No full textBecause the Constitution is the foundation of American government, the political body that interprets and applies that venerable document possesses an extremely potent tool for shaping the American landscape. This tool, known as judicial review, allows the United States Supreme Court to pass judgment not only upon the actions of individual citizens but also upon the actions of the other branches of federal and state government. This authority inevitably leads to criticism of the way the Court implements this power. The author, after delivering a trenchant analysis of the way in which a judicial reviewing power was viewed in America both before and shortly after the framing of the Constitution, provides a new method for reviewing incidents of judicial review. In addition, the author demonstrates the utility of this new method by applying it to two of the most controversial cases in American legal history - Dred Scott v. John F.A. Sandford and Roe v. Wade
Welcome & Session One: Historical Context and the Conflicing Loyalties of the Attorney General
No full textThe first session featured Dr. Nancy V. Baker. Professor Emeritus, New Mexico State University Ph.D., Tulane University of New Orleans, 1989
Dr. Baker’s research interests focus on the intersection of law and politics in the executive branch, specifically the office of the U.S. Attorney General and the Justice Department. Her research examines the impact of anti-terrorism measures on the constitutional structures of separation of powers, federalism, civil liberties and privacy.
She is the author of two books on the office of U.S. Attorney General – General Ashcroft: Attorney at War (2006) and Conflicting Loyalties: Law and Politics in the Attorney General’s Office, 1789-1990 (1992), both published by Kansas University Press. In addition, she has published numerous academic articles, book chapters and encyclopedia essays. She has served as an invited scholar on the oral history projects of the Reagan, Bush and Clinton administrations for the Miller Center of the University of Virginia. As one of the few political scientists who study the office of the attorney general, she has been interviewed by such media outlets as the New York Times, The Economist, NPR’s Weekend Edition, and Public Radio International
Analiza prevodov novinarskih besedil v licenčnih revijah
No full textThis undergraduate thesis attempts to illuminate how the articles in licenced magazines are translated. The focus is on the texts which were published in the Slovenian edition of the Reader\u27s Digest magazine. The analysis focuses on problems with lexis and the main difficulties that the translators have to deal with. The author presupposes that these are neologisms and analyzes how they are translated in the texts. Other translational difficulties are categorized according to Mona Baker\u27s theory. The author examines which strategies are used when translating these "difficult" words and phrases. Thesis also seeks out possible influences of the English language in the Slovenian translations. Translators often avoid translating neologisms, which are thus omitted in translations. However, some neologisms are recreated in the Slovenian language and are directly influenced by the English word formation. This analysis also revealed some mistakes, misinterpretations and poor translations, which occur regardless of the fact whether the translators were experienced professionals or not.Diplomsko delo skuša razsvetliti nekaj vprašanj o tem, kakšni so prevodi medijskih besedil v licenčnih revijah. Poudarek je na besedilih slovenske izdaje revije Reader\u27s Digest. Analiza se osredotoča na besedišče oziroma težave, s katerimi se pri prevajanju soočajo prevajalci. Avtorica diplomskega dela predpostavlja, da so to neologizmi in analizira, kako jih prevajajo v danih besedilih. Ostale prevajalske težave so razvrščene po teoriji Mone Baker. Z analizo skuša avtorica ugotoviti, katere prevajalske strategije prevajalci uporabljajo za prevajanje teh "težavnih" besed in fraz. Prav tako skuša odkriti morebitne vplive angleškega jezika na slovenske prevedke. Ugotavlja, da se prevajalci pogosto izogibajo prevajanju neologizmov, tako da jih izpustijo iz besedil. Občasno pa so neologizmi tudi poustvarjeni v slovenskem jeziku in lahko kažejo neposreden vpliv angleškega besedotvorja na tvorjenje besed v slovenščini. Analiza je razkrila tudi nekaj napačnih, zgrešenih in šibkih prevedkov, ki se lahko pojavijo ne glede na to, ali je prevajalec izkušen profesionalec ali ne
Sectoral allocation by gender of Latin American workers over the liberalization period of the 1990s
No full textThe recent restructuring of Latin American economies has renewed interest in the effects of trade liberalization, on labor markets, and on the gender division of labor. The author does not attempt to establish casuality between economic reforms, and the types of jobs that men and women hold. Instead, she provides a detailed description of the trends in male, and female formal, and informal sector participation during the economic reform period in Argentina, Brazil, and Costa Rica. The author first compares the gender composition of the formal, informal wage, and self-employment sectors in a year before reforms (1988 for Argentina, 1989 for Brazil, and Costa Rica), and a year after reforms implementation (1997 for Argentina, 1995 for Brazil and Costa Rica). Although women continued to be more likely than men to work in the informal wage sector, there is no trend of"masculinization"or"feminization"of the informal sector, or any other. Instead, in Argentina men have overtaken women as the most prevalent workers in the informal wage sector, while in Brazil, the opposite has occurred (as men move into self-employment). In Costa Rica there have been no statistical, observable changes. The author then considers the distribution across sectors within each gender group, to identify whether men, and women are more likely to select different sectors in the post-reform period relative to the pre-reform period. Among both men, and women in all three countries (except Brazilian men), workers have become more likely to hold informal wage jobs, and less likely to hold formal sector jobs. Trends in human capital accumulation explain these changes for both men, and women, while changes in gender roles, primarily in homecare and marriage, do not seem to have an effect.Health Monitoring&Evaluation,Labor Policies,Population&Development,Public Health Promotion,Environmental Economics&Policies,Health Monitoring&Evaluation,Environmental Economics&Policies,Population&Development,Banks&Banking Reform,Work&Working Conditions
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