1,244 research outputs found
Correspondence from Francine Perry and J. C. Fauntleroy to Vernon Jordan, April 1966
No full textCorrespondence from Francine Perry and J. C. Fauntleroy to Vernon Jordan. Enclosed is "A Background Report on the Newport News-Hampton SMSA for the Participants of the NAACP-National Student YWCA Project" written by Herbert H. Lindsay
Prayer is Serious Business: Reflections on Town of Greece
No full textIn his dissent in Marsh v. Chambers, which upheld the practice of chaplains delivering public prayers in state legislative chambers, Justice William J. Brennan, Jr., observed that “prayer is serious business – serious theological business.” This two-part essay returns to that simple but important insight in discussing the Supreme Court’s recent return to the question of legislative prayer in Town of Greece v. Galloway.
The first part is based on remarks I delivered as part of a panel discussion held several months before the Supreme Court handed down its ruling in Town of Greece. I proposed that the Court should overrule Marsh, or at least not extend its reach to local governmental bodies. But I also argued that, if the Court was unwilling to draw such bright lines, it should resist the temptation to parse individual prayer practices to make sure that they remained inoffensively “non-sectarian.”
The second part of the essay was written after Town of Greece came down. It contends that both the majority opinion and Justice Kagan’s principal dissent failed spectacularly to appreciate that “prayer is serious business.” The majority listed a litany of purposes for public prayer, but neglected to include the most obvious – to pray. And the dissent repeatedly discussed the audiences for various public prayers, but ignored the most obvious intended audience – God. The two opinions are actually remarkably alike in reducing civic prayer to political declarations of identity. For Justice Kennedy, the prayers recited in the Town of Greece reflected a patriotic and inclusive national identity that transcends specific religious expressions. For Justice Kagan, the prayers were sectarian and exclusionary. But, at the end of the day, that is mere quibbling.Please contact Charlotte Schneider ([email protected]) for any questions about this deposit
The streamwise turbulence intensity in the intermediate layer of high Reynolds turbulent pipe flow
No full textA modification of the Townsend-Perry attached eddy model is derived in order to reproduce a more realistic variation of the integral length scale. A new wavenumber range is introduced to the model at wavenumbers smaller than the Townsend-Perry k^(-1) spectrum. This necessary addition can also account for the high Reynolds number outer peak of the turbulent kinetic energy in the intermediate layer. An analytic expression is obtained for this outer peak in agreement with extremely high Reynolds number data by Hultmark et al (2012, 2013). The finding of Dallas et al (2009) that it is the eddy turnover time and not the mean flow gradient which scales with distance to the wall and skin friction velocity in the intermediate layer implies, when combined with Townsend's (1976) production-dissipation balance, that the mean flow gradient has an outer peak at the same location as the turbulent kinetic energy
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Constitutional rights, moral controversy, and the Supreme Court /
No full textIn this important book, Michael J. Perry examines three of the most disputed constitutional issues of our time: capital punishment, state laws banning abortion, and state policies denying the benefit of law to same-sex unions. The author, a leading constitutional scholar, explains that if a majority of the justices of the Supreme Court believes that a law violates the Constitution, it does not necessarily follow that the Court should rule that the law is unconstitutional. In cases in which it is argued that a law violates the Constitution, the Supreme Court must decide which of two importantly different questions it should address: is the challenged law unconstitutional? Is the lawmakers' judgment that the challenged law is constitutional a reasonable judgment? Perry not only illuminates moral controversies that implicate one or more constitutionally entrenched human rights, but also the fundamental question of the Supreme Court's proper role in adjudicating such controversies
Constitutional Rights, Moral Controversy, and the Supreme Court
No full textIn this important book, Michael J. Perry examines three of the most disputed constitutional issues of our time: capital punishment, state laws banning abortion, and state policies denying the benefit of law to same-sex unions. The author, a leading constitutional scholar, explains that if a majority of the justices of the Supreme Court believes that a law violates the Constitution, it does not necessarily follow that the Court should rule that the law is unconstitutional. In cases in which it is argued that a law violates the Constitution, the Supreme Court must decide which of two importantly different questions it should address: is the challenged law unconstitutional? Is the lawmakers\u27 judgment that the challenged law is constitutional a reasonable judgment? Perry not only illuminates moral controversies that implicate one or more constitutionally entrenched human rights, but also the fundamental question of the Supreme Court\u27s proper role in adjudicating such controversies.https://scholarlycommons.law.emory.edu/cslr-books/1079/thumbnail.jp
The Demise of the Functionality Doctrine in Design Patent Law
Full text linkThe doctrine of functionality, in both the validity and infringement contexts, has outlived its usefulness, and analyzing it is a waste of litigants’ and judicial resources
Practical surgical neuropathology : a diagnostic approach /
No full text"Part of the in-depth and practical Pattern Recognition series, Practical Surgical Neuropathology, 2nd Edition, by Drs. Arie Perry and Daniel J. Brat, helps you arrive at an accurate CNS diagnosis by using a pattern-based approach. Leading diagnosticians in neuropathology guide you from a histological (and/or clinical, radiologic, and molecular) pattern, through the appropriate work-up, around the pitfalls, and to the best diagnosis. Almost 2,000 high-quality illustrations capture key neuropathological patterns for a full range of common and rare conditions, and a "visual index" at the beginning of the book directs you to the exact location of in-depth diagnostic guidance"--Publisher's description.Revised edition of: Practical surgical neuropathology : a diagnostic approach / [edited by] Arie Perry, Daniel J. Brat. ©2010.Includes bibliographical references.Neuropathology patterns and introduction -- Normal brain histopathology -- Intraoperative consultation and optimal processing -- Neuroradiology: the surrogate of gross neuropathology -- Integrating molecular diagnostics with surgical neuropathology -- Diffuse astrocytic and oligodendroglial tumors -- Non-diffuse astrocytoma variants -- Ependymomas and choroid plexus tumors -- Other glial neoplasms -- Neuronal and glioneuronal neoplasms -- Pineal parenchymal tumors -- Embryonal neoplasms of the central nervous system -- Meningiomas -- Mesenchymal tumors of the central nervous system -- Tumors of peripheral nerve -- Epithelial, neuroendocrine, and metastatic lesions -- Lymphomas and histiocytic tumors -- Germ cell tumors -- Melanocytic neoplasms of the central nervous system -- Histological features of pituitary adenomas and sellar region masses -- Therapy-associated neuropathology -- Familial tumor syndromes -- Infections and inflammatory disorders -- White matter and myelin disorders -- Pathology of epilepsy -- Vascular and ischemic disorders -- Biopsy pathology of neurodegenerative disorders in adults."Part of the in-depth and practical Pattern Recognition series, Practical Surgical Neuropathology, 2nd Edition, by Drs. Arie Perry and Daniel J. Brat, helps you arrive at an accurate CNS diagnosis by using a pattern-based approach. Leading diagnosticians in neuropathology guide you from a histological (and/or clinical, radiologic, and molecular) pattern, through the appropriate work-up, around the pitfalls, and to the best diagnosis. Almost 2,000 high-quality illustrations capture key neuropathological patterns for a full range of common and rare conditions, and a "visual index" at the beginning of the book directs you to the exact location of in-depth diagnostic guidance"--Publisher's description.Online resource; title from electronic title page (ClinicalKey, viewed December 14, 2017).Neuropathology patterns and introduction -- Normal brain histopathology -- Intraoperative consultation and optimal processing -- Neuroradiology: the surrogate of gross neuropathology -- Integrating molecular diagnostics with surgical neuropathology -- Diffuse astrocytic and oligodendroglial tumors -- Non-diffuse astrocytoma variants -- Ependymomas and choroid plexus tumors -- Other glial neoplasms -- Neuronal and glioneuronal neoplasms -- Pineal parenchymal tumors -- Embryonal neoplasms of the central nervous system -- Meningiomas -- Mesenchymal tumors of the central nervous system -- Tumors of peripheral nerve -- Epithelial, neuroendocrine, and metastatic lesions -- Lymphomas and histiocytic tumors -- Germ cell tumors -- Melanocytic neoplasms of the central nervous system -- Histological features of pituitary adenomas and sellar region masses -- Therapy-associated neuropathology -- Familial tumor syndromes -- Infections and inflammatory disorders -- White matter and myelin disorders -- Pathology of epilepsy -- Vascular and ischemic disorders -- Biopsy pathology of neurodegenerative disorders in adults.Elsevie
The Glass Slipper Approach to Protecting Industrial Designs or When the Shoe Fits, Wear It
Full text linkDesign Patent Damages: A Critique of the Government’s Proposed 4-Factor Test for Determining the “Article of Manufacture”
Full text linkThe Supreme Court in Samsung Electronics Co. v. Apple, Inc. wrestled with the question of determining the meaning of “article of manufacture” in 35 U.S.C. § 289 when it comes to calculating the total profit of the infringer that is awarded to the patentee.
In its Petition for Certiorari, Samsung raised the novel theory that the article of manufacture could be less than the entire product sold by the infringer. The Supreme Court agreed to hear the following issue, as framed in Samsung’s Petition:
Where a design patent is applied to only a component of a product, should an award of infringer’s profits be limited to those profits attributable to the component?
Samsung argued that for a multi-component product, such as a smartphone, the article of manufacture needs to be defined in terms of only portions or components of the smartphone. Since Apple’s design patents were drawn to portions of the iPhone, rather than the entire iPhone, Samsung sought to limit its liability to its total profit on those portions. This would have greatly reduced the jury award of $399 million, which had been based on the total profit derived from Samsung’s sales of their entire smartphones to which the patented designs had been applied.
The Supreme Court said that the only question before it was narrow: “[W]hether, in the case of a multicomponent product, the relevant ‘article of manufacture’ must always be the end product sold to the consumer or whether it can also be a component of that product.”
Looking to the statutory text, the Supreme Court concluded that the term “article of manufacture,” as it is used in § 289, “encompasses both a product sold to a consumer and a component of that product.” The Court further indicated that the term “article of manufacture” is “broad enough to embrace both a product sold to a consumer and a component of that product, whether sold separately or not.” The Court declined, however, to “set out a test for identifying the relevant article of manufacture at the first step of the § 289 damages inquiry.”
Thus, the narrow question left unanswered from Samsung is how to determine the relevant article of manufacture for a multi-component product, such as a kitchen oven (the example given by Justice Sotomayor). If the product is a single component product, such as a dinner plate (again, Justice Sotomayor’s example), there is no issue, because, as she put it, “the product [sold to a consumer] is the ‘article of manufacture’ to which the design has been applied.”
The meaning of “total profit” was not at issue; as the Court stated: “‘[t]otal,’ of course, means all.” Thus, the Court left undisturbed the long-standing design patent rule against apportionment of the infringer’s total profit, as well as its sister rule prohibiting an inquiry into causation.
As noted above, the Court left formulation of a test for determining the article of manufacture to the lower courts in future litigation
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