357 research outputs found
Ep. #183 - Solar Power, Solar Justice (feat. Dustin Mulvaney)
No full textThis recording and transcript form part of a collection of podcasts conducted by the Cultures of Energy at Rice University. Cultures of Energy brings writers, artists and scholars together to talk, think and feel their way into the Anthropocene. We cover serious issues like climate change, species extinction and energy transition. But we also try to confront seemingly huge and insurmountable problems with insight, creativity and laughter.Cymene and Dominic cover the stress (and joy!) of center directorships and sandwich-making on this week’s podcast. Then (13:53) Dustin Mulvaney (http://www.dustinmulvaney.com) visits the pod to tell us all the things we need to know about solar energy but were afraid to ask. He’s the author of the excellent new book, Solar Power: Innovation, Sustainability and Environmental Justice(U California Press, 2019). We start by talking about whether it’s possible to make a solar power revolution both rapid and just. That gets us to the toxic externalities of solar cell manufacture and his work with the Silicon Valley Toxics Coalition (http://svtc.org) to create a Solar Scorecard system that helps pressure manufacturers to clean up their production processes. Dustin breaks down for us the environmental advantages and disadvantages of both photovoltaic (PV) and concentrated solar (CSP) systems and then we turn to what he calls the “Green Civil War” brewing between animal rights activists and renewable energy activists over land use changes especially in the American Southwest. In closing we discuss whether a radically decentralized energy ecology could help advance environmental justice goals and what lessons should be learned from Obama era ARRA solar investments in terms of improving energy justice in the future
Jonesin': the life and music of Philly Joe Jones
No full textThis thesis explores the life of drummer “Philly” Joseph Rudolf Jones, one of jazz’s most renowned, unknown figures. As the drummer for the Miles Davis Quintet/Sextet and a later incarnation of the Bill Evans Trio, Joe achieved worldwide fame and success. Yet, his life story has always been told in the footnotes of the towering figures he performed with: John Coltrane, Bud Powell, Charlie Parker, Thelonious Monk, etc. Jazz history books recognize Joe’s contributions and nearly all provide a space, albeit a small one, to recognize his accomplishments. Leonard Feather’s The Encyclopedia of Jazz has an entry for Joe, Lewis Porter’s An Historical Survey of Jazz Drumming Styles lists Joe as an important figure in the evolution of jazz drumming, and The Oxford Companion to Jazz states that “just about anyone of consequence worked with Jones.” These texts and many others put Joe in a place of prominence for a handful of sentences. However, footnoting Joe’s success overlooks the fact that he recorded on more than one-hundred albums from 1955-1960 and was probably the most recorded American drummer in any genre during that time period. Despite his popularity and critical acclaim, no published author has delved into Joe’s complex life with any depth. This thesis explores Joe’s musical biography and seeks to illuminate the paradoxes therin. Joe’s story contains drug use, prison time, and abrasive behavior. On the other hand, he was an excellent musician and a generous man who mentored many young musicians. Joe’s life is intertwined in a web of circumstantial experiences: a fatherless upbringing, military service during World War II, integrating the Philadelphia Transit Company, and working to survive as a musician in New York. There are also lesser-known parts of his life including his roots as a Rhythm and blues drummer, his love for big band music, and his associations with the avant-garde. Joe overcame the obstacles of socioeconomic status, racism, evolving musical styles, and the drug culture to become a superb musician who still found time to educate the next generation.M.A.Includes bibliographical referencesIncludes vitaby Dustin E. MalloryIncludes discograph
Visual Metaphor and Trademark Distinctiveness
No full textThis Article examines images in the context of trademark law’s inherent distinctiveness doctrine. While trademark law still lacks a coherent, uniform, and predictable framework for deciding the distinctiveness of visual image marks—logos and product packaging—it has long used the “imagination” test to effectively determine a word mark’s distinctiveness. Under this doctrine, immediately protectable word marks must operate in a metaphoric relationship to the words from which they are drawn (i.e., as figures of speech), requiring consumers to use their imagination to reach a conclusion as to the nature of the goods or services offered under the marks (e.g., “Klondike” for ice cream and “Greyhound” for a bus service). This makes sense because the first requirement of a valid trademark is that it be a “symbol”, and, as this Article shows, the basic characteristic of any symbol is its figurative quality. Research in conceptual metaphor theory finds, however, that metaphor is “primarily a matter of thought and action and only derivatively a matter of language.” Indeed, brands rely not just on verbal metaphor, but also on visual metaphor to differentiate themselves from competitors in the marketplace (e.g., McDonald’s “golden arches” and Starbucks’s “siren”). This Article thus claims that visual metaphor provides a figurative, cognition-based vehicle by which to extend trademark law’s imagination test of inherent distinctiveness from words to images. In doing so, it conceives of metaphorical association as a central consideration in analyzing the inherent distinctiveness of both word and image marks
Golden, Oregon cultural landscape report
No full textby Susan Johnson and Dustin Welch ; prepared in collaboration with the Oregon Parks and Recreation Department and the University of Oregon.Title from PDF title page (viewed on September 4, 2020).This archived document is maintained by the State Library of Oregon as part of the Oregon Documents Depository Program. It is for informational purposes and may not be suitable for legal purposes.Includes bibliographical references.Mode of access: Internet from the Oregon Government Publications Collection.Text in English
High-resolution trace element geochemistry and sequence stratigraphy of the Middle-Late Devonian (Givetian-Frasnian) Frasnes crisis
Full text linkThe Middle–Late Devonian (Givetian–Frasnian) ‘Frasnes’ event is marked by a second order mass extinction approximately coeval with the deposition of black shale on a global scale and the ‘falsiovalis’ positive δ13C isotope excursion. These characteristics are also hallmarks of extensively studied mass extinction events such as the Late Devonian Kellwasser (Frasnian-Famennian) and the end-Devonian Hangenberg crises. However, the relative timing of black shale intervals, eustatic sea-level fluctuations, and the carbon isotope excursion is unknown, and any possible causative relationships cannot be determined. This research provides a high-resolution integrated geochemical dataset to evaluate the paleoenvironmental condition of the rocks deposited during the Frasnes interval in central Nevada and compares those results to the better understood Kellwasser and Hangenberg events. Geochemical data from the Frasnes event is tied to lithostratigraphic sections and used to build a sequence stratigraphic framework from which eustatic changes are identified and linked directly to elemental abundance data. These data, in conjunction with new biostratigraphic and carbon isotope data collected from the same samples, places these events within a chronostratigraphic framework and helps to further our understanding of this significant Earth history event.Restricted until 06/2023. To request the author grant access, click on the PDF link to the left
Visual Methaphor and Trademark Distinctiveness
Full text linkPerhaps because words are the lawyer’s principal instrument, the law gives too little attention to visual images. Invoking Justice Potter Stewart’s infamous statement regarding the law’s inability to define obscenity, “I know it when I see it” is the standard for interpreting images in the law. A greater understanding of the ways in which images make meaning is needed, however, including in trademark law given our increasingly visual economy. This Article examines images in the context of trademark law’s inherent distinctiveness doctrine. While trademark law still lacks a coherent, uniform, and predictable framework for deciding the distinctiveness of visual image marks—logos and product packaging—it has long used the “imagination” test to effectively determine a word mark’s distinctiveness. Under the imagination test, immediately protectable word marks must operate in a metaphorical relationship to the words from which they are drawn (i.e., as figures of speech), requiring consumers to use their imagination to reach a conclusion as to the nature of the goods or services offered under the marks (e.g., “Klondike” for ice cream and “Greyhound” for a bus service). This makes sense because the first requirement of a valid trademark is that it be a “symbol,” and, as this Article shows, the basic characteristic of any symbol is its figurative quality. Research in conceptual metaphor theory finds, though, that metaphor is “primarily a matter of thought and action and only derivatively a matter of language.” Indeed, brands rely not just on verbal metaphor, but also on visual metaphor to differentiate themselves from competitors in the marketplace (e.g., Target’s “bullseye” and Starbucks’s “siren”). This Article thus claims that visual metaphor provides a figurative, cognition-based vehicle by which to extend trademark law’s imagination test of inherent distinctiveness from words to images. In doing so, it conceives of metaphorical association as a central consideration in analyzing the inherent distinctiveness of both word and image marks
Trademark Takings: Trademarks as Constitutional Property Under the Fifth Amendment Takings Clause
Full text linkUnmasking the Right of Publicity
Full text linkIn the landmark 1953 case of Haelan Laboratories v. Topps Chewing Gum, Judge Jerome Frank first articulated the modern right of publicity as a transferable intellectual property right. The right of publicity has since been seen to protect the strictly commercial value of one’s “persona”—the Latin-derived word meaning the mask of an actor. Why might Judge Frank have been motivated to fashion a transferable right in the monetary value of one’s public persona distinct from the psychic harm to feelings, emotions, and dignity rooted in the individual and protected under the rubric of privacy?
Judge Frank was a leading figure in the American legal realist movement known for his unique and controversial “psychoanalysis of certain legal traditions” through influential books including Law and the Modern Mind. His work drew heavily on the ideas of psychoanalytic thinkers, like Sigmund Freud and Carl Jung, to describe the distorting effects of unconscious wishes and fantasies on the decision-making process of legal actors and judges. For Judge Frank, the psychoanalytic interplay between public and private aspects of the personality supported his realist interpretation of lawmaking as a subjective and indeterminate activity. Indeed, though Judge Frank provided little rationale for articulating a personality right separate from privacy in Haelan, he had given a tremendous amount of attention to the personality in his scholarly works.
In considering Judge Frank’s psychoanalytic jurisprudence, this Article suggests that the modern right of publicity’s aim, apart from privacy law, may be usefully understood through the psychoanalytic conception of the personality—one divided into public and private subparts. In the psychoanalytic sense, the term persona, or “false self,” is used to indicate the public face of an individual—the image one presents to others for social or economic advantage—as contrasted with their feelings, emotions and subjective interpretations of reality anchored in their private shadow, or “true self.” Yet, the law’s continued reliance on this dualistic metaphor of the personality appears misguided, particularly as technology, internet, and social media increasingly blur the traditional distinctions between public and private
Published Decisions Based on Westlaw Key Number Searches in Right of Publicity, Trademark, Copyright, and Patent 2010-2021
Full text linkResults of Westlaw key number searches in Right of Publicity (379 K383-409), Trademark (382 K1000-1800), Copyright (99 K220-1202), and Patent (291 K401-2094) for the years 2010 to 2021
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