bluuebunny/crossref_metadata_2025 huggingface dataset:
Software Patents and the Return of Functional Claiming
Authors: Lemley Mark
Published: July 2018

Commentators have observed for years that patents do less good and causemore harm in the software industry than in other industries such aspharmaceuticals. They have pointed to a variety of problems and offered avariety of solutions.While there is some truth to each of these criticisms, the real problemwith software patents lies elsewhere. Software patent lawyers areincreasingly writing patent claims in broad functional terms. Put anotherway, patentees claim to own not a particular machine, or even a particularseries of steps for achieving a goal, but the goal itself. The resultingoverbroad patents overlap and create patent thickets.Patent law has faced this problem before. The Supreme Court ultimatelyrejected such broad functional claiming in the 1940s as inconsistent withthe purposes of the patent statute. When Congress rewrote the Patent Act in1952, it adopted a compromise position: patentees could write their claimlanguage in functional terms, but when they did so the patent would notcover the goal itself, but only the particular means of implementing thatgoal described by the patentee and equivalents thereof. These“means-plus-function” claims permitted the patentee to use functionallanguage to describe an element of their invention, but did not permit herto own the function itself however implemented.Most software patents today are written in functional terms. If courtswould faithfully apply the 1952 Act, limiting those claims to the actualalgorithms the patentees disclosed and their equivalents, they couldprevent overclaiming by software patentees and solve much of the patentthicket problem that besets software innovation.
Providing Useful Knowledge, Becoming Embedded: Issues and Tensions as a Racial Justice Ally
Authors: Oliver Pamela Elaine
Published: July 2018

Pamela Oliver 2011. Providing Useful Knowledge, Becoming Embedded: Issues and Tensions as a Racial Justice Ally. Plenary presentation at the 2011 Conference of the Collective Behavior and Social Movements Section of the American Sociological Association. This informal essay based on my experiences working with community groups around issues of racial disparities in criminal justice addresses three topics: (1) What kinds of knowledge are useful and how sociologists can contribute to producing useful knowledge. Here I emphasize that movements typically have a great need for information about the issue and less need for information about how to be an activist. I stress the value of professional skills for producing this knowledge and the problems in making knowledge accessible. (2) The general problem of class and expertise and the interplay of race and class hierarchies in creating knowledge within movements with special attention to the role of sociologists. In this section I stress the importance of listening to the knowledge people have about their own experiences and circumstances and bringing this knowledge into dialog with "professional" knowledge. I also discuss the real tensions and conflicts that arise in mixed-race and mixed-class groups. (3) The generic problem of opportunism and conflicts of interest and perspective and how sociologists fit into these problems. In developing these arguments I draw on longstanding discussions of tensions and conflicts between beneficiary constituents. I also advance the concept of an activist professional, a person whose activism is closely related to or intertwined with their job, and make the point that activist professionals often experience tensions and conflicts of interest between advancing the movement and advancing (or at least not jeopardizing) their careers. I discuss the ways in which Black activist professionals had a different standpoint from White activist professionals around the racial disparity issue because they saw themselves as part of the beneficiary group. I argue that academics in movements are typically conscience constituents and activist professionals and that academics who seek to work with and provide useful knowledge to movements should be aware of these tensions and conflicts. I conclude by honoring the efforts and commitments of the people I have met in the movement and emphasize how much harder it is to find solutions to problems than to identify problems.
The Eyes of the Needles: A Sequential Model of Union Organizing Drives, 1999--2004
Authors: Ferguson John-Paul
Published: July 2018

This paper models three stages of the union organizing drive, using a newdataset covering more than 22,000 drives that took place between 1999 and2004. The correlated sequential model tracks drives through all of theirpotential stages: holding an election, winning an election, and reachingfirst contracts. Only one-seventh of organizing drives that filed anelection petition with the NLRB managed to reach a first contract within ayear of certification. The model, which controls for the endogeneity ofunfair labor practice (ULP) charges, finds that a ULP charge was associatedwith a 30% smaller cumulative chance of reaching such a contract. ULPcharges had less effect on the votes cast than on the decision to hold anelection and the ability to reach a first contract. A sequential model suchas this one could be extended to test between some competing theories aboutthe determinants of union organizing.
Neoplatonism, The Response on Gnostic and Manichean ctiticism of Platonism
Authors: Dardagan Amer
Published: July 2018

Gnosticism and Manichaeism took some of Plato's ideas and shape them into their dualistic credo, thus setting off a storm of protest by the Neoplatonists who condemned Gnostic distortion of the teachings of Plato. Plotinus believed that the teachings of Gnostics were horrible because hey apparently followed the teachings of Plato and had some compatible views on the origin and nature of the cosmos with Platonism, but "Gnostic myth" actually twisted Plato's original teachings, and ultimately turned against him. Neoplatonists had a generally cheerful and optimistic view of the world as opposed to the Gnostics who despised it. Evil does not exist, it is just a "lack or deficit of Goodness" according to Neoplatonism. The only source of evil for Neoplatonists is being in the state of distance from the One, as a result of turning to the excessive material pleasures downwards and not toward superior spiritual reality upwards. Augustine became Neoplatonist in indirect way, and we know that Neoplatonistic texts helped in his transition to Christianity. He used the Platonic writings to attack Manichaeism, a sect which he once belonged. He came across Neoplatonic works of Plotinus and Ambrose written in Latin that helped him to change his Manichaean way of thinking about good and evil. Augustine said that Manichaean God is not true God because He is vulnerable to evil, stating that a true God is omnipotent and can't be affected in any way. After Augustine encountered Neoplatonic teachings he called Manichean teachings extremely simplified, pointing out that people are not found in every life situation torn between just two alternatives: good and evil, since people have multiple, complex and complicated desires and needs. According to Augustine we do not have two substances in us that are in war with each other, light and darkness, good and evil, but the problem is in our will that longs for a multitude of things that we want, of which only some are good. In this way he formulated his doctrine of good and evil influenced by Neoplatonism which was completely different from the dualistic approach we find in Gnosticim and Manichaeism.
Education and religion: Individual, congregational, and cross-level interaction effects on biblical literalism
Authors: Stroope Samuel
Published: July 2018

AbstractUsing ideas from cultural and organizational theory, I examine the interplay of individualand congregation-level educational attainment on biblical literalism. Data on 387 congregationsand 100,009 worshippers (US Congregational Life Survey, 2001) are used to testhypotheses. Results indicate that the effects of congregational education and individualeducational attainment are among the largest effects in models. This study is the first toshow that regardless of an individual's own education, affirmations of biblical literalismare less likely when persons with higher education dominate a congregation. This findingbrings into relief the important role of social context in persons' belief in biblical literalism.Additionally, congregational education amplifies the influence of individual education onbiblical literalism such that the gap in belief between college/non-college education individualswidens in high education congregations. This finding suggests that high educationpersons more deeply absorb the influence of a more educated congregational context.
Internet Service Provision under Authoritarian Rule: A Field Experiment in Belarus
Authors: Crabtree Charles , Weidmann Nils B.
Published: July 2018

Do authoritarian regimes strategically limit the opposition’s Internet access? By constricting Internet access to potential challengers, governments can reduce the need to censor (since anti-regime content would be less likely to be produced and read) and also the need for large infrastructure shutdowns (which may harm the government). Cross-national work shows that political exclusion is associated with significantly lower rates of connectivity for the affected groups, but cannot tell us whether this pattern is because governments strategically limiting Internet access of the political opposition. We test this mechanism with a field experiment in Belarus. We email support centers of the national telecommunications provider and vary partisan cues in our emails. In linewith the strategic exclusion mechanism, we find a tendency that opposition support leads to lower response rates for Internet-related service requests. Due to the low responserate, however, our findings largely fail to reach conventional levels of significance.
Understanding the Financial Knowledge Gap: A New Dimension of Inequality in Later Life
Authors: Khan Mohammad Nuruzzaman , Rothwell David W. , Cherney Katrina , Sussman Tamara
Published: July 2018

To understand the relationship between financial knowledge and financial behaviors, it is important to understand the financial knowledge gap – the distance between objectively and subjectively measured financial knowledge. Overestimating one’s financial knowledge can lead to risky financial behaviors and economic vulnerability. To date, limited empirical work has examined how the gap between one’s perception of their own financial knowledge and their actual knowledge varies across the life course. We analyze the size and nature of the financial knowledge gap and its variation across the life course. We use nationally representative data from the Canadian Financial Capability Survey (CFCS) and find robust evidence that older adults overestimate their financial knowledge. Social workers can assess the financial knowledge gap and inform and educate their clients to protect from financial fraud, exploitation, and, abuse. Furthermore, social workers can offer informational seminars, workshops, and financial planning and counseling sessions.
The Patent Crisis and How Courts Can Solve It
Authors: Lemley Mark
Published: July 2018

Patent law is crucial to encourage technological innovation. But as thepatent system currently stands, diverse industries from pharmaceuticals tosoftware to semiconductors are all governed by the same rules even thoughthey innovate very differently. The result is a crisis in the patentsystem, where patents calibrated to the needs of prescription drugs wreakhavoc on information technologies and vice versa. According to Dan L. Burkand Mark A. Lemley in this book from the University of Chicago Press,courts should use the tools the patent system already gives them to treatpatents in different industries differently. Industry tailoring is the onlyway to provide an appropriate level of incentive for each industry.
Schengen’s Excluded: Third Country Nationals and EU Citizenship Regimes on the Polish-German Border
Authors: Asher Andrew D
Published: July 2018

This article investigates how the supranational policies of European Union (EU) citizenship were experienced by “third country nationals” living as non-citizen residents in the transnational urban space of Słubice, Poland and Frankfurt(Oder), Germany—two cities separated only by the Polish-German border. With an emphasis on the implementation of the Schengen acquis—the EU’s common policies on cooperation in law enforcement, visas, and the management of its borders--this article begins with an examination of the ways in which third country nationals are categorized as a group separate from EU citizens. This article then explores how the everyday presence of the border between Słubice and Frankfurt(Oder) excluded third country nationals from the exercise of EU citizenship through practices that placed limits on their freedom of movement. Finally, this article describes how specific individuals responded to these limitations by strategically managing their visa and citizenship statuses.Because of the cities’ unique border location, the residents of Słubice/Frankfurt(Oder) demonstrate the development of unequal citizenship regimes for EU citizens and non-citizens, in which each group is extended differential access to the entitlements, privileges, and rights of citizenship. By exploring how third country nationals’ ability to exercise citizenship rights were structured and constrained by EU laws and regulations, this article documents the emergence of one instance of illiberality within the EU’s ostensibly neoliberal and democratic economic and political projects, and brings into sharp relief the central role the right to free movement plays in the exercise of full citizenship within the EU.
Virtually Nigeria: USAID, Simulated Futures, and the Politics of Postcolonial Expertise, 1964–1980
Authors: Baker Kevin Thomas
Published: July 2018

This chapter focuses on the development of the Nigerian Agricultural SystemSimulation (NASS), an interactive software environment for evaluating andenacting "development futures." In a post-colonial environment in whichleaders of developing countries were beginning to view Westernmodernization expertise with suspicion, the simulation’s interactiveinterface was intended to enroll policy officials directly in researchprocess by enabling the creation of alternative, experimental development“futures.” In this way, trust in the "objective" simulation environment,along with the user’s own computer-mediated “experience,” could stand inthe place of trust in development experts.
Medieval Bosnian Church and its sacred texts symbolism
Authors: Dardagan Amer
Published: July 2018

One of the main characteristics of Christian Neoplatonism (Mysticism) is reading and interpretation of the Scripture symbolically or allegorically and not literally. Hence, the well-known biblical stories are of particular importance because they contain deeper allegorical truths, and Christian Mystics are those who go beyond the "external surface" of the sacred text, rather focusing toward the "true" or "inner" meaning of the biblical narrative. This incentive in correct interpretation of the sacred texts through the use of allegories and symbols has given the Christian mystics a tremendous influence within the religious community in which they habitated, at the same time depriving supremacy over "spiritual truth" from all those religious institutions that dealt only with the external and ceremonial aspects of faith through literal reading of the holy text.
Financialization as mathematization: The calculative and regulatory consequences of risk management
Authors: Coombs Nathan , van der Heide Arjen
Published: July 2018

Financialization is commonly understood as the increasing centrality of financial actors and logics in the economy. However, building upon literature which relates financialization to the mathematization of financial valuation practices, this chapter argues that the banking sector was itself financialized since the 1980s. Our historical overview of the changing nature of banking traces the thread running from the Black-Scholes options pricing formula through to Value-at-Risk modelling and Collateralized Debt Obligation valuation. We explore the calculative and regulatory consequences of these risk management techniques and how they allowed large volumes of risk to be removed off banks’ balance sheets and regulatory capital minimized, with deleterious results for financial stability.
Youtube Yinzers: Stancetaking and the performance of 'Pittsburghese'
Authors: Kiesling Scott
Published: July 2018

Work on dialect performance and enregisterment has shown that when dialects are performed it is often through the enactment or indexing of particular enregistered characterological figures and personae. I expand this view by showing that one linguistic feature of “Pittsburghese” is used to create stances that are enregistered along with the characterological figures in this vernacular variety of English. Falling question intonation (FQI) is a common feature of the White Pittsburgh, Pennsylvania variety. I analyze its use in a series of videos posted on YouTube® entitled Greg and Donny. The series depicts conversations among the two eponymous characters and their friends in Johnstown, Pennsylvania. LQI is used by them to take stances that serve to mock the addressee while simultaneously aligning with them, a stance that is typical of working class Pittsburghers. Stance is thus crucial for understanding both the enregistered figures and the use of LQI in Western Pennsylvania.
Global Conflict Data: Introducing the World Handbook of Political Indicators IV
Authors: Jenkins J. Craig , Taylor Charles L. , Abbott Marianne , Maher Thomas V. , Peterson Lindsey
Published: July 2018

The World Handbook of Political Indicators IV (WHIV) provides global cross-national daily coverage of contentious politics events – protest, violence, sanctions and relaxations – conducted by governments, insurgents, and civilians. Using auto-coding of Reuters international newswire based on KnowledgeManager,™ the dataset covers 231 countries and territories from January 1, 1990 through December 31, 2004 and includes 40 distinct event forms and a set of standard actors and targets resulting in 264,289 events. WHIV’s breadth of geographic coverage, detailed atomic level event forms, and temporal specificity provides unique opportunities for studying contentious conflict globally and in specific countries. We discuss the uses of these data and the global distribution and trends in protest, political violence and governmental sanctions and relaxations.
Occupying Cyberspace: Indonesian Cyberactivists and Occupy Wall Street (MA Thesis)
Authors: Oman-Reagan Michael P.
Published: July 2018

As the Occupy Wall Street movement went global, activists in Indonesia adopted an Occupy discourse, in part, through creation of and participation in Facebook groups. These groups afforded opportunities for Indonesian Facebook users participating in local activism online to join a globalizing Occupy movement within a familiar online activism framework. Despite a history of colonial occupation, Indonesian cyberactivists embraced expanded meanings of the word occupy as they joined a global social movement and formed local Occupy networks. During two years of multi-sited ethnographic fieldwork online and in Indonesia, this research explored what constitutes “occupation” for online participants in the Indonesian Occupy movement, and what it means for activists to “occupy” in (post)colonial Indonesia.Also includes:Appendixes: "A Brief History of Occupy and Online Activism" and "Theorizing an Anthropology of Cyberspace".Key words: Activism, anthropology of cyberspace; empire; engaged anthropology; indigeneity; (post)colonialism; social movements; technology; Indonesia.Please cite as:Oman-Reagan, Michael P. 2013. Occupying Cyberspace: Indonesian Cyberactivists and Occupy Wall Street. M.A. Thesis, Department of Anthropology, Hunter College, City University of New York.
Earning Exclusivity: Generic Drug Incentives and the Hatch-Waxman Act
Authors: Lemley Mark
Published: July 2018

“Reverse” or “exclusion” payments to settle pharmaceutical patent lawsuitsare facilitated because the Hatch-Waxman Act has been interpreted to give180 days of generic exclusivity to the first generic company to file forFDA approval, whether or not that company succeeds in invalidating thepatent or finding a way to avoid infringement. As a result, the patenteecan “buy off” the first generic entrant, paying them to delay their entryinto the market while still offering them the valuable period of genericexclusivity. And if that first generic is entitled to its 180 days, no oneelse can enter until after the exclusivity period has expired or beenforfeited. The result is that the 180-day exclusivity period is not servingits purpose of eliminating weak patents. True, it is encouraging lots ofchallenges to those patents. But it is encouraging the challengers toaccept compensation to drop those challenges, rather than taking them tojudgment and benefiting the rest of the world.We propose a change to the Hatch-Waxman statutory scheme. Our alternativeis straightforward: first-filing generic drug companies should be entitledto 180 days of exclusivity only if they successfully defeat the patentowner, for example, by invalidating the patent or by proving that they didnot infringe that patent. The point of 180-day exclusivity was to encouragechallenges to patents because the invalidation of bad patents benefitssociety as a whole. Society doesn’t benefit from a private deal to drop achallenge. That doesn’t mean settlement is never a good idea; it is acommonplace in our legal system. But it seems bizarre to insulate a companyfrom competition just because it settles the case. Indeed, we expect thatour proposal, if implemented, would facilitate more rational settlements,in which the settlements that result accurately reflect the likelihood ofsuccess in litigation.
The Law and Economics of Internet Norms
Authors: Lemley Mark
Published: July 2018

A number of scholars have suggested that the law should defer to socialnorms on the Internet, either by abdicating its role entirely to cyberspaceself-governance, or by carving out particular roles for nonlegalrulemaking. I challenge these assertions. I argue that Internet norms areelusive and rapidly changing, and that in most cases there is nothing likethe consensus required for norm creation. I contend that Internet norms arelikely to be inefficient, particularly when they are enforced by theunderlying threat of exclusion from the network itself. Finally, I suggestthat neither Net "vigilantes," judges, nor code itself can be relied uponto identify and enforce Internet norms with an appropriate sensitivity toefficiency and policy concerns.
Where Men Appear More Religious Than Women: Turning a Gender Lens on Religion in Israel
Authors: Schnabel Landon , Hackett Conrad , McClendon David
Published: July 2018

Past research, typically focused on Christians in Christian nations, has found that women tend to be more religious than men. This study uses original nationally-representative data (N=5,601) with strategic oversamples of minority groups to examine variation in how religion and gender intersect across ethnoreligious identities in Israel. We demonstrate that Israel diverges from the typical pattern of women appearing more religious than men. In fact, Israeli men are consistently more religious than Israeli women on commonly used measures and frequently more religious on a broader set of questions specific to Judaism and Israel. Subgroup analyses highlight the intersectional nature of gender and religion, showing that men’s greater religiosity in Israel is limited to Jews, and, more specifically, non-secular Jews. We suggest that gender gaps arise, at least in part, because religions are gendered institutions with gendered norms, expectations, and incentives, and that these norms, expectations, and incentives vary from religion to religion.
Understanding Urban Change in Istanbul: From the Capital City to the City of Capital
Authors: Guven Baris
Published: July 2018

The paper is an attempt to understand the urban change in Istanbul as a result of a set of dynamics emphasizing uneven development in Turkish capitalism, a tendency that would be further explored in future work. It also questions the explanatory capacity of commonly utilized framework, globalization, in understanding the urban change in Istanbul in the post-1980 period. In contrast, neoliberalism is viewed as a new phenomenon superimposed on the tendency of uneven development of Istanbul.
Insecure People in Insecure Places: The Influence of Regional Unemployment on Workers’ Reactions to the Threat of Job Loss
Authors: Glavin Paul , Young Marisa
Published: July 2018

Social comparison theory predicts that unemployment should be less distressing when the experience is widely shared, but does this prediction extend beyond the unemployed to those who are at risk of job loss? Research demonstrates a link between aggregate unemployment and employed individuals’ perceptions of job insecurity; however, less is known about whether the stress associated with these perceptions is shaped by others’ unemployment experiences. We analyze a nationally representative sample of Canadian workers (CAN-WSH study; N=3,900) linked to census data, and test whether regional unemployment influences the mental health consequences of job insecurity. Multilevel analyses provide more support for the social norm of insecurity hypothesis over the amplified threat hypothesis: the health penalties of job insecurity are weaker for individuals in high unemployment regions. This contingency is partially explained by the ability of insecure workers in poor labor market contexts to retain psychological resources important for protecting mental health.
“Journal of the History of Economic Thought Preprints - Economists and Their Travels, or the Time When JFK Sent Douglass North on a Mission to Brazil”
Authors: Boianovsky Mauro
Published: July 2018

The role of traveling as a source of discovery and development of new ideas has been controversial in the history of economics. Despite their protective attitude toward established theory, economists have traveled widely and gained new insights or asked new questions as a result of their exposition to “other” economic systems, ideas and forms of behavior. That is particularly the case when they travel to new places while their frameworks are in their initial stages or undergoing changes. This essay examines economists’ traveling as a potential source of new hypotheses, from the 18th to the 20th centuries, with a detailed case study of Douglass North’s 1961 travel to Brazil.
Journal of the History of Economic Thought Preprints - Review of Karl Polanyi: A Life on the Left
Authors: Schumacher Reinhard
Published: July 2018

A review of Gareth Dale's "Karl Polanyi: A Life on the Left"
Social Movements in Organizations
Authors: Arthur Mikaila Mariel Lemonik
Published: July 2018

This article reviews the literature on social movements within organizations such as colleges and universities, corporations, religious orders, and governmental agencies. It brings together work from disparate fields to advance an understanding of how movements happen within organizations to introduce students and scholars to the promise of such research.JOURNAL CONTRIBUTOR'S PUBLISHING AGREEMENT-- This email may be subject to disclosure under R.I. Gen. Laws § 38-2-2. Confidentiality cannot be assured.Mikaila Mariel Lemonik ArthurChair, Department of Sociology, Rhode Island CollegeCraig-Lee Hall Room 451marthur@ric.edu Phone: (401) 433-9633 Fax: (401) 456-8665http://www.mmlarthur.com
Crossing Boundaries: "Some College" and the Role of Schools in Educational Assortative Mating
Authors: McClendon David
Published: July 2018

As more Americans delay marriage and meet romantic partners online, schoolsmay be becoming less important for educational assortative mating. However,although fewer people meet their spouse as students, social ties formedduring college may continue to shape partner choice later in adulthood.Here I focus on young adults with “some college, no degree” to see what, ifany, marriage-market benefit is gained from exposure to highly-educatedsocial networks in college. Using data from NLSY-1997, including newlycollected postsecondary transcripts, I find young adults with “somecollege” are more likely than their less educated peers to marry a collegegraduate, especially if they attended a 4-year school. But young adultswith bachelor’s degrees still hold an advantage, even after controlling forduration of schooling. The results support the role of schools in shapingopportunities to meet partners but highlight the value of a college degreeon the marriage market.
Stigmatized Love, Boundary Making and the Heroic Love Myth: How Filipina Women Construct Their Relationships with American Military Men
Authors: Reyes;Reyes Victoria
Published: July 2018

This chapter provides an empirical examination of how Filipina women construct their intimate relationships with US military men, and compares marriage migrants with those ‘left behind’ when the US military withdrew from their permanent bases in the Philippines. First, I’ll situate the case in theories on interracial love and marriage. Second, I outline my data and analytic approach. Following this, I focus on my findings. I show how the women talked about the base through the lens of childhood nostalgia. This is important to understand to contextualize their views of US servicemen and provide the backdrop from which these relationships were formed. Next, I show how they draw on love myths to frame their relationships and draw symbolic boundaries around their own relationship and others that may seem similar. Finally, I discuss how they further embraced their familial roles of wife and mother. Being legally or informally married to a US serviceman shapes a woman’s role in her family. Their childhood memories and current conceptions of motherhood and as a wife are interconnected with how they see their relationships with these men.
Clustering to Reduce Spatial Data Set Size
Authors: Boeing Geoff
Published: July 2018

Traditionally it had been a problem that researchers did not have access to enough spatial data to answer pressing research questions or build compelling visualizations. Today, however, the problem is often that we have too much data. Spatially redundant or approximately redundant points may refer to a single feature (plus noise) rather than many distinct spatial features. We use a machine learning approach with density-based clustering to compress such spatial data into a set of representative features.
The Old One-Two: Preserving Analytical Dualism in Psychological Sociology
Authors: Vaisey Stephen , Frye Margaret
Published: July 2018

We argue that an important item on the agenda for the ongoing dialogue between cognitive scientists and microsociologists is how to replace Cartesian mind-body dualism. Although we agree that strict mind-body dualism should be laid to rest, we believe that replacing this dichotomy with a holistic theory risks making it harder for researchers to see analytic distinctions that make a real difference. We use examples from Loic Wacquant's Body and Soul to illustrate our argument that sociologists should replace the old dualism with a new, improved one that incorporates cognitive science regarding differences between habitual, embodied cognition and intentional, discursive cognition. This will help microsociologists and cognitive scientists be in the best possible position to understand, enrich, and improve each other’s work.
Jungian typology as a holistic teaching strategy in higher education
Authors: Montgomery Diane , Strunk Kamden K , Steele Misty
Published: July 2018

With an eye to the application of principles of holistic education and integrated development to higher education, this discussion has as its aim to describe the work of a reflective teaching team in educational psychology. Using developmental issues within the Jungian psychological functions of sensing (physical), intuition (creative, spiritual), thinking (cognitive), and feeling (social and emotional), our team designed activities and discussions related to the holistic growth of college students. Results indicate a theoretical model that can offer practical applications to teaching and learning of college students
The Path of the Maliseet People: An Anthropological Approach
Authors: Choi Wonkyoung
Published: July 2018

This paper focuses on how have the Maliseet were understood and described by different groups of scholars, I will explore the layers of context which compose the present-day Maliseet self-identification based on previous studies on this region. Although this paper would be a selective assemblage of historical, socio-political and cultural background of the Maliseet identity, this work would be linked with studies of broader context of Aboriginal peoples’ identity politics, a theme which has been dealt with extensively in the Aboriginal studies.
The reform of the Common European Asylum System: Fifteen recommendations from a Sexual Orientation and Gender Identity Perspective
Authors: Ferreira Nuno , Danisi Carmelo , Dustin Moira , Held Nina
Published: July 2018

Since the 1990s, the European Union (EU) has slowly developed an increasingly sophisticated body of asylum law and policy, known as the Common European Asylum System (CEAS). This framework – both in the shape of legislative instruments and case law – has inevitably also affected those asylum seekers who claim asylum on the basis of sexual orientation and/or gender identity (SOGI). This has been vividly demonstrated by particular norms in EU asylum instruments and judgments of the Court of Justice of EU (CJEU).The current CEAS can be said to have several shortcomings in relation to SOGI claims, including in relation to: country of origin information; the notion of ‘safe country of origin’; the burden of proof and the principle of benefit of the doubt; the concept of a ‘particular social group’; and the definition of persecution. A new set of proposals for reform of the CEAS was put forward in 2016 by the European Commission, and these also affect SOGI asylum claims in precise and acute ways.This policy brief scrutinises these proposals of reform, and assesses the extent to which these proposals and different institutional positions address, ignore or aggravate the issues that currently affect asylum seekers who identify as LGBTI (lesbian, gay, bisexual, trans and intersex). The policy brief makes fifteen recommendations for European policymakers in regards to the reform of the CEAS, in order to ensure that the needs of LGBTI asylum seekers and refugees are effectively addressed and their rights are respected. Academics from the University of Sussex working on the Sexual Orientation and Gender Identity Claims of Asylum (SOGICA) project, funded by the European Research Council, are calling for policymakers to implement these recommendations in order to render the CEAS fairer for SOGI asylum seekers.
The (Unnoticed) Demise of the Doctrine of Equivalents
Authors: Lemley Mark
Published: July 2018

We have conducted an empirical study of every reported doctrine ofequivalents decision in both the Federal Circuit and the district courtsduring three periods - one before the Federal Circuit's 2000 Festo opinion,one after that opinion but before the Supreme Court's 2002 opinion, and athird after the Supreme Court's opinion. Two broader findings stand out.First, the multiple changes in the doctrine of equivalents rules over thelast ten years have had surprisingly little effect on the actual outcome ofdoctrine of equivalents cases, and even less effect on the subset of casesdealing directly with prosecution history estoppel. Indeed, to the extentthere is any relationship it is an inverse one - patentees did better underless patent-friendly rules. The attention everyone has paid to Festo aschanging the value of patent rights therefore seems to have been largelywasted from a practical perspective.The second finding is even more significant: the reason the Festo changeshad so little effect seems to be that the doctrine of equivalents wasalready near death by the late 1990s. Even under the permissive doctrine ofequivalents rules in place before 2000, while everyone was focused on thedoctrine of equivalents, equivalents claims usually failed, most often onsummary judgment. That became even more true after 2000, and the SupremeCourt's 2002 decision didn't change the trend. In fact, district courts aremore likely to reject doctrine of equivalents claims today than everbefore.This left us with a bit of a puzzle: what killed the doctrine ofequivalents in the 1990s? We suspected the answer was the growth of claimconstruction Markman hearings after the Supreme Court's 1996 decision inthat case. Once courts were construing claims as a matter of law pre-trial,and finding themselves in a position to resolve virtually all infringementissues on summary judgment, they were naturally inclined to decide thedoctrine of equivalents issues too. And a court that has just rejected aliteral infringement argument - the only courts likely to spend much timethinking about equivalents issues pre-trial - is unlikely to undo the workof claim construction by sending the issue of infringement by equivalentsto the jury. To test this hypothesis, we constructed a fourth dataset,including cases decided in the 1993 to 1995 timeframe. That data bears outour hypothesis. The doctrine of equivalents was alive and well beforeMarkman, but has been in decline ever since.
Discrimination against Queer Women in the U.S. Workforce: A Résumé Audit Study
Authors: Mishel Emma
Published: July 2018

Abstract:The author reports on the first study to use an audit method to ascertainwhether discrimination occurs against queer women (relative to straightwomen) when they apply to jobs in the United States. A field experiment wasconducted in which a pair of fictitious women’s résumés were sent to applyto more than 800 administrative jobs from online job databases advertisedby employers across four states. One woman’s résumé was randomly assignedleadership experience at a lesbian, gay, bisexual, and transgender (LGBT)student organization to signal queer identity, while the other résumé, acontrol, was assigned experience at another progressive studentorganization. Results reveal that the women with the LGBT indicator ontheir résumés were discriminated against compared with the other women,receiving about 30 percent fewer callbacks.
Bantar Gebang: An Urban-Refuse Waste Picker Community at Indonesia's Largest Landfill
Authors: Oman-Reagan Michael P.
Published: July 2018

This paper discusses Bantar Gebang, a landfill site twenty miles east of Southeast Asia's largest city Jakarta, Indonesia and considers the landfill as an extension of Jakarta's urban residential space. The discussion includes geography and political economy of the landfill and of Indonesia, as well as the lives of Indonesian Waste Pickers, and other related communities. Documentary films about Global waste picker communities as well as political organization among these communities are analyzed.Keywords:Waste, Indonesia, Landfills, Trash, RefusePlease cite as:Oman-Reagan, Michael P. 2012. “Bantar Gebang: An Urban-Refuse Waste Picker Community at Indonesia's Largest Landfill.” SocArXiv, Open Science Framework. Manuscript, submitted January 23, 2017. osf.io/preprints/socarxiv/pq7p2
Should Patent Infringement Require Proof of Copying?
Authors: Lemley Mark
Published: July 2018

Patent law gives patent owners not just the right to prevent others fromcopying their ideas, but the power to control the use of their idea even bythose who independently develop a technology with no knowledge of thepatent or the patentee. In an important paper, Samson Vermont challengesthis received wisdom, arguing that independent invention should be adefense to patent infringement, just as it would be in copyright or tradesecret cases.Independent invention has much to recommend it. The most significantproblem facing the patent system today is the rise of so-called "patenttrolls" - entities who do not manufacture products or transfer technology,but wait and assert patents against successful companies who independentlydeveloped and manufactured the technology without knowledge of the patent.An independent invention defense would eliminate the troll problem in onefell swoop. Nonetheless, I have concerns. While I agree with Vermont thatwe can learn a great deal from the fact of independent invention, I am notyet persuaded that we can be sure that an independent invention defensewill have no undue effect on incentives. Complicating this difficultempirical question is the likelihood that the effects of an independentinvention defense would be different in different industries. Further, anindependent invention defense will significantly change any market forpatent rights that might exist or be developing today.In light of this, I suggest four steps we might take that take advantage ofVermont's insights without moving all the way to an independent inventionsystem. First, we should change the definition of willful infringement toexclude independent inventors. Second, we should adopt some form of a prioruser right. Third, we should give simultaneous invention greater credencein determining whether inventions are obvious. Finally, we might considerwhether the defendant independently invented as a factor in decidingwhether to grant injunctive relief and the conditions to impose on suchrelief.
Foreseeability in Patent Law
Authors: Lemley Mark
Published: July 2018

In the Festo decision, the Federal Circuit significantly changed the scopeof the doctrine of equivalents in patent law. The doctrine of prosecutionhistory estoppel precludes a patent owner from claiming during litigationto own ground given up during patent prosecution. Under the old rule,called the "flexible bar," estoppel was based on a multi-factor test andwould apply only if the patentee had no choice but to amend its claims inthe way it did. Festo replaced the flexible bar with an "absolute bar,"under which virtually any amendment to a patent precludes resort to thedoctrine of equivalents for that claim element.The Supreme Court is now considering whether the flexible or absolute baris the right rule. We believe there is middle ground in this debate thathas been ignored with both parties. Whether prosecution history estoppelapplies to any given amendment should depend on the reasonably foreseeableeffect of that amendment. Normally, patentees will understand that they aresurrendering coverage by amending their patent claims, and so a ruleprecluding them from reclaiming that ground makes sense. But in some casesthe absolute bar will produce unexpected and unintended results. We arguethat the application of estoppel should turn on whether the effect of achange would be foreseeable to a reasonable patentee at the time of theamendment. This "foreseeable" bar better balances the competing policies ofstrong protection for pioneering inventors and notice to improvers who wishto design around a patent.
Cycling injuries in London: the impact of motor vehicle and cycle volumes, and road characteristics including speed limits
Authors: Aldred Rachel , Goodman Anna , Gulliver John , Woodcock James
Published: July 2018

Cycling injury risk is an important topic, but few studies explore cycling risk in relation to exposure. This is largely because of a lack of exposure data, in other words how much cycling is done at different locations. This paper helps to fill this gap. It reports a case-control study of cycling injuries in London in 2013-2014, using modelled cyclist flow data alongside datasets covering some characteristics of the London route network. A multilevel binary logistic regression model is used to investigate factors associated with injury risk, comparing injury sites with control sites selected using the modelled flow data. Findings provide support for ‘safety in numbers’: for each increase of a natural logarithmic unit (2.71828) in cycling flows, an 18% decrease in injury odds was found. Conversely, increased motor traffic volume is associated with higher odds of cycling injury, with one logarithmic unit increase associated with a 31% increase in injury odds. Twenty-mile per hour compared with 30mph speed limits were associated with 21% lower injury odds. Residential streets were associated with reduced injury odds, and junctions with substantially higher injury odds. Bus lanes do not affect injury odds once other factors are controlled for. These data suggest that speed limits of 20mph may reduce cycling injury risk, as may motor traffic reduction. Further, building cycle routes that generate new cycle trips should generate ‘safety in numbers’ benefits.
Impartiality of the Speaker: Politics versus Convention in New Brunswick's 55th Legislature
Authors: Skinner Lyle M
Published: July 2018

This paper will examine the nature of Speaker impartiality within the British Parliamentary system by examining the political involvement and the casting vote of Speakers. This will attempt to historically contextualize the role of the Speaker in the province of New Brunswick and explain the institutional circumstances of the unusual conduct of Speakers Bev Harrison and Michael ‘Tanker’ Malley during the 3rd session of the 55th Legislative Assembly. This paper argues that the source of this irregularity was the close seat count between opposition and government members. This issue illustrates the difficulties of smaller Legislative Assemblies reaching the convention established by the British parliament respecting the impartiality of a Speaker where a Speaker is apolitical, thereby divorced from partisan politics. In the British convention, which serves as the fount of parliamentary practice, the Speaker refrains from any active political involvement, and in return the Speaker is uncontested in upcoming parliamentary elections.
"The enemy in the midst": Gay-identified men in Christian college spaces
Authors: Strunk Kamden K , Bailey Lucy , Takewell William
Published: July 2018

Christian colleges are institutions of higher education that are unique in their symbolic power and educational mission. Supporters of Christian colleges describe the important role such spaces play in advancing and protecting the faith and creating a new generation of proselytizing believers (Adrian, 2003), while church officials tout the protective value of Christian colleges against the secularizing influence of higher education and for retaining young people in their denominations (Kingsriter,2007). Central to maintaining an evangelical mission is the need to carefully prescribe and enforce standards of behavior for both students and staff. For students, such standards can include signing a “lifestyle covenant,” attending religious services, following guidelines regarding interactions with the opposite sex (e.g., “visitation hours”), alcohol restrictions, learning the theology of the host denomination, and various other standardsparticular to a given campus or denomination. Among these are norms and standards concerning sexual morality.
The Relationship between Format and Cognitive Depth of Science Teacher-Generated Questions
Authors: Talbot Robert M. , Wylie Ruth , Dutilly Erik , Nielsen Rodney
Published: July 2018

Asking questions is an important component of promoting inquiry and argumentation in the science classroom. We investigated the relationship between the cognitive depth and format of teacher-generated questions to be used with classroom response technologies. Twelve middle school science teachers were randomly assigned to write constrained or free-response questions on four different topics and to rate the cognitive depth of those questions. Using Bloom’s Taxonomy to guide question classification, we found that the teacher-generated free-response questions were 5.58 times more likely to be at the understanding level than the remembering level and 2.05 time more likely to be at the applying level than the understanding level. Our findings provide evidence of a potential barrier to adopting inquiry-based science teaching practices.