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Islamic Republic: An Oxymoron From a Sharia-based Religion to a Fiqh-based Cult
No full textResorbing Patent Law\u27s \u3ci\u3eKessler Cat\u3c/i\u3e into the General Law of Preclusion
Get PDFThe Supreme Court has warned against the creation and expansion of patent-specific rules of procedure where the general law would suffice. The recently revived and expanded Kessler doctrine is one such patent-specific rule, and we argue its time has come for resorption into the general law of preclusion that has since expanded to encompass the doctrine. We utilize a novel law and economic analysis of the rules of preclusion to demonstrate how lower courts’ expansion of the Kessler doctrine defeats the rationale behind the general law of preclusion
States Can Infringe upon Your Intellectual Property Rights with Impunity in the Era of New Federalism
Get PDFAntagonized by half a century of insouciance toward federalism boundaries, the New Federalism revival began under Chief Justice Rehnquist. As part of this revival, the Rehnquist Court substantially restrained Congress\u27s authority to regulate commerce, abrogate sovereign immunity, fashion remedies pursuant to Section 5 of the Fourteenth Amendment, and commandeer state officials. The New Federalism has continued in the Roberts Court Era, most recently in a case weighing congressionally enacted copyright policy against the sovereignty of individual states to disregard copyright. In Allen v. Cooper, a unanimous Supreme Court held that Congress\u27s express power under Article I is not a sufficient warrant to overcome a State\u27s sovereign immunity.
In this article, we argue that Allen is wrongly decided. In particular, the Allen Court made three key errors. We arrive at this debate primarily as intellectual property law scholars surprised by the dismissive approach that the Supreme Court took in Allen. The outcome leaves copyright holders without a cause of action for remedy even in cases of clear and deliberate infringement by States
Resorbing Patent Law\u27s Kessler Cat into the General Law of Preclusion
Get PDFIt has become exceedingly common in our legal system that courts, in the guise of respect for precedent, compound upon errors. Legal precedents are written documents, but [t]he reality we can put into words is never reality itself. As such, we seldom find a court decision that embodies the entire legal reality regarding the questions presented. In this respect, the legal system inherently suffers from a lack of what mathematicians call completeness. Each decision gives rise to countless inferences because what lower courts observe by reading the precedent is not the entire legal reality but an incomplete reality exposed to their method of questioning. In such a framework, we may hope to understand [the precedent and correctly apply it], but we may have to learn at the same time anew meaning of the word \u27understanding. \u27
The recently revived and expanded Kessler doctrine demonstrates how a particularly incomplete decision sets the stage for developing a chaotic jurisprudence by lower courts, where lower courts\u27 interpretations and applications of the doctrine are no longer directed toward a unifying center
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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