5,498 research outputs found
Well-known trade mark protection: confusion in EU and Japan
No full textIn this thesis concerning the protection of well-known trade marks against confusion in the European Community Trade Mark (CTM) and Japanese trademark systems, the author critically considers the difficulties in comprehensively defining ‘well-known trade mark’ in the relevant international trade mark instruments. After critical analysis of various definitions of both ‘trade mark’ and ‘well-known trade mark’, she undertakes a comparison of the definitions of the parallel concepts of ‘trade mark of repute’ and ‘syuchi-syohyo’, and also undertakes an assessment as to the extent to which these trade marks are protected against confusion and kondo in the CTM and Japanese systems, respectively. It is concluded that the protection of well- known trade marks against confusion in the CTM and Japan cannot be said to be completely clear, and the author identifies some areas for legal refor
The sense of a beginning : Bakhtinian dialogic criticism on 'the gospel' in Mark.
No full textContemporary literary approaches have caused paradigm shifts in Biblical Studies in the last two decades as it appears in a great deal of Markan studies using narrative, reader-response, deconstructive, feminist, and new historicist approaches. However, literary studies on the Gospel of Mark have not taken into account theoretical questions underlying those approaches. As a result biblical critics are driven by new trends without ever having a chance to examine the critical baggage of the approaches. Consequently, there is a gap of communication between the old and the new one. Therefore this thesis is an attempt to meet the need of enhancing the quality of critical endeavour in biblical studies. In the light of most recent competing critical theories of literature, the first contribution of this thesis is the methodological finding that Bakhtinian dialogic criticism contains the most profound philosophical and practical foundations for solving some crucial theoretical problems in contemporary literary theories. It is a critique to a Saussurian linguistic system of language which becomes the very foundation of modern and postmodern literary criticism. Bakhtinian literary theory shifts the foundation of literary criticism on linguistic signs into the creative activity of the socio-cultural production of human communication. The shift into socio-cultural reality of language communication makes the notion of 'genre' very important to unlock the problem of text and context in literary studies. Since the Gospel of Mark has fascinated most literary critics in Biblical Studies, the problem of 'genre' of this gospel is chosen as the focus of this study. Secondly, as no agreement is reached as to what 'genre' the Gospel of Mark belongs, this thesis makes its contribution to the discussion by locating the problem of 'genre' of Mark in the context of genre theories and argues that the Bakhtinian suggestion to find genre in the socio-cultural sphere by analysing artistic intercourse between narrative agents in Mark has freed the competing analysis from the unresolved problem between the kerygmatic (content oriented) approach and the analogical (form oriented) approach. To achieve finding 'genre' in the socio-cultural sphere, this thesis focuses on Bakhtinian analysis of the process of artistic intercourse between narrative agents. The narrative communicative interrelationships between narrative agents is constructed in this thesis as a 'stereophonic' Bakhtinian model of dialogic communication. This model is an original contribution of this thesis for revising the traditional two dimensional model of narrative communication. Based on this dialogical model of communication, a special role is given to the Bakhtinian 'author-creator' in the realization process of genre through the interaction of polyphonic voices. Through the interaction of voices of the author-artist and the hero we are led to discover a relatively stable type of portraying and controlling reality in Mark, known as the genre of Roman 'satire'. The closest literary affinity is Satyrica by Petronius. This narrative strategy of 'satire' in Mark has its root in the prophetic discourse of the Old Testament which is saturating the speech of the narrator, John the Immerser, the centurion, the people, and even Jesus. Finally, the whole search for Markan 'genre' culminates in the analysis of the realization of genre through the analysis of Bakhtinian chronotope. The reality of the genre of Mark is its social reality that is in its role as dpxrj/ 'beginning'. As the Gospel of Mark proclaims itself as 'a beginning', it defines its claim of socio-cultural 'authority' in early Christianity. It is this 'sense of beginning' which enables the narrating and the narrated world of Mark to interact dialogically
Institutional Actors in New York Times Co. v. Sullivan
No full textLike all major cases, New York Times Co. v. Sullivan, which has now reached its fiftieth anniversary, is capable of multiple readings. This is less true of Sullivan than of some other epochal cases, especially those cases that continue to have a powerful political valence. Brown v. Board of Education, in particular, which will mark its sixtieth anniversary this year, continues to provoke fierce debates about its meaning and, in a deeper sense, its ownership. Sullivan is unquestionably one of the most important decisions in First Amendment jurisprudence. It has certainly produced debate. But arguments about Sullivan generally focus on whether the ruling was correct and how it should be applied, not its basic meaning.
One such debate asks whether Sullivan is in any substantial measure a press case-one whose primary importance is the contribution it makes to the ability of the news media to report on public officials and events-or whether it is centrally about public commentary by any individual, regardless of whether that person is a journalist. Another is whether Sullivan should be read entirely as a speech (or press) case without regard to its immediate historical context, or whether it needs to be understood in light of its close connection to the events of the Civil Rights Movement. A third concerns how much Sullivan should be understood as involving speech on matters of public importance in general, as opposed to viewing it as a means of counterbalancing government officials in particular. On the whole, it seems to me, the movement in our understanding of Sullivan-and,indeed, of constitutional rights in general-has been away from contextual or institutional readings, and toward more general, universally applicable, and abstract readings
Institutional Actors in New York Times Co. v. Sullivan
No full textLike all major cases, New York Times Co. v. Sullivan, which has now reached its fiftieth anniversary, is capable of multiple readings. This is less true of Sullivan than of some other epochal cases, especially those cases that continue to have a powerful political valence. Brown v. Board of Education, in particular, which will mark its sixtieth anniversary this year, continues to provoke fierce debates about its meaning and, in a deeper sense, its ownership. Sullivan is unquestionably one of the most important decisions in First Amendment jurisprudence. It has certainly produced debate. But arguments about Sullivan generally focus on whether the ruling was correct and how it should be applied, not its basic meaning.
One such debate asks whether Sullivan is in any substantial measure a press case-one whose primary importance is the contribution it makes to the ability of the news media to report on public officials and events-or whether it is centrally about public commentary by any individual, regardless of whether that person is a journalist. Another is whether Sullivan should be read entirely as a speech (or press) case without regard to its immediate historical context, or whether it needs to be understood in light of its close connection to the events of the Civil Rights Movement. A third concerns how much Sullivan should be understood as involving speech on matters of public importance in general, as opposed to viewing it as a means of counterbalancing government officials in particular. On the whole, it seems to me, the movement in our understanding of Sullivan-and,indeed, of constitutional rights in general-has been away from contextual or institutional readings, and toward more general, universally applicable, and abstract readings
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Institutional Actors in New York Times Co. v. Sullivan
No full textLike all major cases, New York Times Co. v. Sullivan, which has now reached its fiftieth anniversary, is capable of multiple readings. This is less true of Sullivan than of some other epochal cases, especially those cases that continue to have a powerful political valence. Brown v. Board of Education, in particular, which will mark its sixtieth anniversary this year, continues to provoke fierce debates about its meaning and, in a deeper sense, its ownership. Sullivan is unquestionably one of the most important decisions in First Amendment jurisprudence. It has certainly produced debate. But arguments about Sullivan generally focus on whether the ruling was correct and how it should be applied, not its basic meaning.
One such debate asks whether Sullivan is in any substantial measure a press case-one whose primary importance is the contribution it makes to the ability of the news media to report on public officials and events-or whether it is centrally about public commentary by any individual, regardless of whether that person is a journalist. Another is whether Sullivan should be read entirely as a speech (or press) case without regard to its immediate historical context, or whether it needs to be understood in light of its close connection to the events of the Civil Rights Movement. A third concerns how much Sullivan should be understood as involving speech on matters of public importance in general, as opposed to viewing it as a means of counterbalancing government officials in particular. On the whole, it seems to me, the movement in our understanding of Sullivan-and,indeed, of constitutional rights in general-has been away from contextual or institutional readings, and toward more general, universally applicable, and abstract readings
Mashed up: Music, technology, and the rise of configurable culture
No full textBook review of Sinnreich's "Mashed Up: Music, Technology, and the Rise of Configurable Culture" by Mark V. Campbel
Incomprehension or resistance? : the Markan disciples and the narrative logic of Mark 4:1—8:30
No full textThe characterization of the Markan disciples has been and continues to be the object of much scholarly reflection and speculation. For many, the Markan author’s presentation of Jesus’ disciples holds a key, if not the key, to unlocking the purpose and function of the gospel as a whole. Commentators differ as to whether the Markan disciples ultimately serve a pedagogical or polemical function, yet they are generally agreed that the disciples in Mark come off rather badly, especially when compared to their literary counterparts in Matthew, Luke, and John.
This narrative-critical study considers the characterization of the Markan disciples within the Sea Crossing movement (Mark 4:1–8:30). While commentators have, on the whole, interpreted the disciples’ negative characterization in this movement in terms of lack of faith and/or incomprehension, neither of these, nor a combination of the two, fully accounts for the severity of language leveled against the disciples by the narrator (6:52) and Jesus (8:17–18). Taking as its starting point an argument by Jeffrey B. Gibson (1986) that the harshness of Jesus’ rebuke in Mark 8:14–21 is occasioned not by the disciples’ lack of faith or incomprehension but by their active resistance to his Gentile mission, this investigation uncovers additional examples of the disciples’ resistance to Gentile mission, offering a better account of their negative portrayal within the Sea Crossing movement and helping explain many of their other failures.
In short, this study argues that in Mark 4:1–8:26, the disciples are characterized as resistant to Jesus’ Gentile mission and to their participation in that mission, the chief consequence being that they are rendered incapable of recognizing Jesus’ vocational identity as Israel’s Messiah (Thesis A). This leads to a secondary thesis, namely, that in Mark 8:27–30, Peter’s recognition of Jesus’ messianic identity indicates that the disciples have finally come to accept Jesus’ Gentile mission and their participation in it (Thesis B).
“Chapter One: Introduction” offers a selective review of scholarly treatments of the Markan disciples, which shows that few scholars attribute resistance, let alone purposeful resistance, to the disciples.
“Chapter Two: The Rhetoric of Repetition” introduces the methodological tools, concepts, and perspectives employed in the study. It includes a section on narrative criticism, which focuses upon the story-as-discoursed and the implied author and reader, and a section on Construction Grammar, a branch of cognitive linguistics founded by Charles Fillmore and further developed by Paul Danove, which focuses upon semantic and narrative frames and case frame analysis.
“Chapter Three: The Sea Crossing Movement, Mark 4:1–8:30” addresses the question of Markan structure and argues that Mark 4:1–8:30 comprises a single, unified, narrative movement, whose action and plot is oriented to the Sea of Galilee and whose most distinctive feature is the network of sea crossings that transport Jesus and his disciples back and forth between Jewish and Gentile geopolitical spaces.
Following William Freedman, “Chapter Four: The Literary Motif” introduces two criteria (frequency and avoidability) for determining objectively what constitutes a literary motif and provides the methodological basis and starting point for the analyses performed in chapters five and six.
“Chapter Five: The Sea Crossing Motif” establishes and then carries out a lengthy narrative analysis of the Sea Crossing motif, which is oriented around Mark’s use of θάλασσα (thalassa) and πλοῖον (ploion), and “Chapter Six: The Loaves Motif” does the same for The Loaves motif, oriented around Mark’s use of ἄρτος (artos).
Finally, “Chapter Seven: The Narrative Logic of the Disciples (In)comprehension” draws together all narrative, linguistic, and exegetical insights of the previous chapters and offers a single coherent reading of the Sea Crossing movement that establishes Theses A and B.
Utilizing V. constablaei and V. ashei in germplasm and cultivar development
No full textAn ongoing project has pursued the goal of incorporating the cold-hardiness and late bloom of V. constablaei into a form that might be suitable for northern growers. Experimentation and past research suggested that combining V. constablaei with V. ashei would allow the best aspects of both of these germplasms to be combined into a usable form. Such hybrids derive late bloom and cold-hardiness from V. constablaei as expected, and many aspects of vigor from rabbiteye, but additional characters from both parents must be optimized to produce cultivar-quality material. The first commercial product in the USDA program of this introgression is the variety ‘Nocturne’, which achieves the majority of the goals desired in combining these germplasms. ‘Nocturne’, however, is dark-fruited and is unlikely to achieve success as a mainstream cultivar. Among more advanced breeding populations, additional strategies have been implemented to enhance the recovery of commercially acceptable types. Season of ripening, bush form, cold hardiness, fertility, and fruit quality are among the issues involved in furthering the use of this material.Paper presented at NABREW Conference, Paper Session II:Breeding and Genetics, on June 25, 2014, Atlantic City, N.J
The Tripartite Structure of the Works of Sir Thomas Malory
No full textWith a mass of material available from French Arthuriads, Malory set himself the task of writing an English romance with King Arthur as the protagonist and the fate of the English realm as the theme. Unlike the French authors who announced the structural format of their romances, Malory gave no indication of his method of composition. Consequently, any architectural structure is discernable only through a close scrutiny of the narrative, first as a composite of episodes and tales, and second, as a cohesiye whole. Malory chose to treat his history of Arthur from a tragic angle and he relied on structure to convey an impending sense of doom dogging the knights of the Round Table. Through the suggestive use of prophecies in Tale I, the carefully placed repetition of themes, the parallel adventures of knights and kings, the culmination in Tale V of various peripeties of Arthur\u27s and Mark\u27s realm, la procede des laieses similaires and tripartite structure, Malory lent form and shape to a collection of episodes from French romances. Malory\u27s romances are not as Eugene Vinayer suggests as separate as the various novels of a modern author; and that the romances may be taken in no particular order; and that they have no cumulative effect. By relying on paralleled characterizations and events, cross-references and prophecies, a single theme, and tripartite structure which he utilized in all episodes, stories and tales, Malory unified his collection of French romances..
Microbial enrichment culture responsible for the complete oxidative biodegradation of 3‑Amino-1,2,4-triazol-5-one (ATO), the reduced daughter product of the insensitive munitions compound 3‑Nitro-1,2,4-triazol-5-one (NTO)
No full text3-Nitro-1,2,4-triazol-5-one (NTO) is one of the main ingredients of many insensitive munitions, which are being used as replacements for conventional explosives. As its use becomes widespread, more research is needed to assess its environmental fate. Previous studies have shown that NTO is biologically reduced to 3-amino-1,2,4-triazol-5-one (ATO). However, the final degradation products of ATO are still unknown. We have studied the aerobic degradation of ATO by enrichment cultures derived from the soil. After multiple transfers, ATO degradation was monitored in closed bottles through measurements of inorganic carbon and nitrogen species. The results indicate that the members of the enrichment culture utilize ATO as the sole source of carbon and nitrogen. As ATO was mineralized to CO₂, N₂, and NH₄⁺, microbial growth was observed in the culture. Co-substrates addition did not increase the ATO degradation rate. Quantitative polymerase chain reaction analysis revealed that the organisms that enriched using ATO as carbon and nitrogen source were Terrimonas spp., Ramlibacter-related spp., Mesorhizobium spp., Hydrogenophaga spp., Ralstonia spp., Pseudomonas spp., Ectothiorhodospiraceae, and Sphingopyxis. This is the first study to report the complete mineralization of ATO by soil microorganisms, expanding our understanding of natural attenuation and bioremediation of the explosive NTO.Journal ArticleFinal article publishe
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