...Preventing Sexual Harassment A Fact Sheet For Employees Inside This Fact Sheet You'll Find: Definition of Sexual Harassment • what sexually harassing behavior is • when a workplace environment becomes sexually hostile • how to tell if conduct is unwelcome Employee Responsibilities for Preventing Sexual Harassment • appropriate responses • participating in an investigation Chronology of Development of Sexual Harassment Law 2001 Edition This Fact Sheet. . . explains what sexual harassment is under federal law and what it is not, the kinds of behavior that may be interpreted as sexual harassment in the workplace, how a workplace environment can become "sexually hostile," how to avoid sexual harassment of co-workers, how to deal with sexual harassment if it arises, and what to do if you become involved in a sexual harassment investigation. This publication was prepared by David Kadue, an attorney with the Los Angeles office of Seyfarth, Shaw, Fairweather & Geraldson. It is current through December 31, 2000; includes new standards established by the Supreme Court; and emphasizes the unlawfulness of harassment that is not sexual in nature but is based on gender. This fact sheet provides accurate and authoritative information regarding sexual harassment but is not legal advice. For legal advice or other expert assistance, seek the services of a competent professional. [pic] What is Sexual Harassment? Sexual harassment at work occurs whenever unwelcome...
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...The Non-Obvious Problem: How the Indeterminate Nonobviousness Standard Produces Excessive Patent Grants Gregory Mandel∗ The dominant current perception in patent law is that the core requirement of nonobviousness is applied too leniently, resulting in a proliferation of patents on trivial inventions that actually retard technological innovation in the long run. This Article reveals that the common wisdom is only half correct. The nonobviousness standard is not too low, but both too high and too low. It is indeterminate. Three principal factors produce nonobviousness indeterminacy: a failure to identify the quantum of innovation necessary to satisfy the standard, a failure to define the baseline level of ordinary skill against which to measure an innovation, and the epistemic infeasibility of requiring a technologically lay decision maker to judge from the perspective of a more highly trained and educated person of ordinary skill in the art. This Article introduces a mathematical model of innovation and patenting to analyze the effects of nonobviousness indeterminacy. Based on the model, indeterminacy in nonobviousness decisions has several unexpected consequences. First, indeterminacy results in an excessive total number of patent grants, and in many patent grants on obvious inventions. Second, indeterminacy leads to too many patent applications on obvious inventions and too few applications on non-obvious inventions. ∗ Professor of Law, Temple University — Beasley School of...
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...School Scholarship Repository. http://scholarship.law.wm.edu/wmlr A PATTERN-ORIENTED APPROACH TO FAIR USE MICHAEL J. MADISON* ABSTRACT More than 150 years into development of the doctrineof "fairuse" in American copyright law, there is no end to legislative,judicial, and academic efforts to rationalizethe doctrine. Its codification in the 1976 CopyrightAct appearsto have contributedto its fragmentation, rather than to its coherence. As did much of copyright law, fair use originated as a judicially unacknowledged effort via the law to validate certain favored practicesand patterns.In the main, it has continued to be applied as such, though too often courts mask their implicit validation of these patterns in the now-conventional "caseby-case" application of the statutoryfair use "factors"to the defendant's use of the copyrighted work in question. A more explicit acknowledgment of the role of these patterns in fair use analysis would be consistent with fair use, copyright policy, and tradition. Importantly, such an acknowledgment would help to bridge the often difficult conceptual gap between fair use claims asserted by individual defendants and the social and cultural implications of accepting or rejecting those claims. In immediate terms, the approach should lead to a more consistent and predictable fair use jurisprudence.When viewed in light of recent research by cognitive psychologists and other social scientists on patternsand creativity, in broader terms, the approach should...
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...ago to foster better public understanding of the importance of accountability, transparency, and checks-and-balances in the formulation and implementation of national security policy. We have since been at the forefront of advocating for sound, rights-respecting policy prescriptions based on broad public participation and informed discussion. Our staff engages in a spectrum of public education, legislative advocacy, litigation and scholarly activity. ABOUT THE AUTHOR Jonathan Hafetz is Litigation Director of the Liberty and National Security Project at the Brennan Center. He is actively involved in post-9/11 litigation involving detainee rights and other national security issues, and is lead counsel in several leading detention cases. An expert on habeas corpus, Mr. Hafetz has authored numerous scholarly and popular articles on the subject and frequently serves as an expert commentator. He is writing a book on post-9/11 detentions to be published by NYU Press. He can be contacted at: jonathan.hafetz@nyu.edu. © 2007 This paper is covered by the Creative Commons “Attribution-No . Derivs-NonCommercial”...
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...conversational analysis with the focus on open-class repair in English Lingua Franca interactions. However, before the investigation goes any further it is important to highlight and define some key terminology that will be utilised for the means of this paper. According to Levinson (1983) “Conversation analysis (henceforward CA) is known as an approach to the study of natural conversation which covers both verbal and non- verbal interaction in everyday situations”. This notion was developed in 1960s by Harley Sacks when he was employed at “the Centre for the Scientific Study of Suicide in Los Angeles”. He discovered recorded phone calls that laid a fundamental framework for the new method later termed as CA (Have, 2007: 6). Have (ibid) further reveals the two ways of how CA utilised in studies: a ‘broad sense’ also known as ‘oral communication’ ; though, the outline of this concept is used in a ‘restricted sense’ as it traces to early 1960s when it was firstly introduced by Harvey Sacks, Emanuel Schegloff and Gail Jefferson (ibid: 7) how interaction occurs. CA studies revealed that ‘casual daily talk’ with people is not a random dialogue but a “sequentially structured and interactively managed” (Firth, 1996: 238) conversation. The concept of CA was further defined and introduced by Emanuel Schegloff, Harvey Sacks, and Gail Jefferson in late 1970s. Since then, the role and focus of CA has dramatically expanded and rather than concentrating on the “casual conversational...
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...Supreme Court of the United States David Leon RILEY, Petitioner v. CALIFORNIA. United States, Petitioner v. Brima Wurie. Nos. 13–132, 13–212. Argued April 29, 2014. Decided June 25, 2014. Background: In two cases consolidated for appeal, first defendant was convicted by a jury in the Superior Court, San Diego County, Laura W. Halgren, J., of various crimes related to drive-by shooting, and he appealed based on his challenge to evidence found during police officers' warrantless search of data stored on his cell phone. The California Court of Appeal, 2013 WL 475242,[->0] affirmed. Second defendant was charged with drug- and weapon-related crimes, and the United States District Court for the District of Massachusetts, Stearns, J., 612 F.Supp.2d 104,[->1] denied his motion to suppress evidence found during warrantless search of data stored on his cell phone, and defendant appealed. The United States Court of Appeals for the First Circuit, Stahl, Circuit Judge, 728 F.3d 1,[->2] reversed. Certiorari was granted. Holdings: The Supreme Court, Chief Justice Roberts[->3], held that: (1) interest in protecting officers' safety did not justify dispensing with warrant requirement for searches of cell phone data, and (2) interest in preventing destruction of evidence did not justify dispensing with warrant requirement for searches of cell phone data. Judgment of California Court of Appeal reversed and remanded, and judgment of First Circuit affirmed. Justice Alito...
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...Tutorials, Posters, Panels and Industrial Contributions at ER 2007 Conceptual Modeling for Virtual Reality Olga De Troyer, Frederic Kleinermann, Bram Pellens, and Wesley Bille WISE Research Lab Vrije Universiteit Brussel Pleinlaan 2, B-1050 Brussel, Belgium {olga.detroyer,frederic.kleinermann,bram.pellens, Wesley.Bille}@vub.ac.be Abstract This paper explores the opportunities and challenges for Conceptual Modeling in the domain of Virtual Reality (VR). VR applications are becoming more feasible due to better and faster hardware, and due to new technology and faster network connections they also start to appear on the Internet. However, the development of such applications is still a specialized, time-consuming and expensive process. By introducing a Conceptual Modeling phase into the development process of VR applications, a number of the obstacles preventing a quick spread of this type of applications can be removed. However, existing Conceptual Modeling techniques are too limited for modeling a VR application in an appropriate way. The paper will show how Conceptual Modeling can be done for VR and how this may make VR more accessible to non VR-specialists. Furthermore, the paper will explain how Conceptual Modeling embedded in a semantic framework can provide the basis for semantically rich VR application, which may be essential for its success in the future and its use in the context of the Semantic Web. The paper will also point to some open research problems.. Keywords:...
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...THE LIABILITY OF INTERNET SERVICE PROVIDERS FOR UNLAWFUL CONTENT POSTED BY THIRD PARTIES N.D. O’BRIEN 2010 THE LIABILITY OF INTERNET SERVICE PROVIDERS FOR UNLAWFUL CONTENT POSTED BY THIRD PARTIES By N.D. O’BRIEN Submitted in fulfilment of the requirements for the degree of MAGISTER LEGUM in the Faculty of Law at the Nelson Mandela Metropolitan University January 2010 Supervisor: Prof F. Marx PREFACE I would like to extend my thanks to the following people: To my parents and Emma Taggart for their help, encouragement, sacrifice and support; To my supervisor, Prof Marx, for his assistance and guidance; To Dawn Prinsloo, at the NMMU Library, for providing me with her time and guidance; To Ms. Fourie, the Law Faculty Officer, for her always prompt and friendly assistance; To Mr. Ant Brooks and the Internet Service Provider Association, for providing me with a variety of interesting information and insights. Without their invaluable assistance I would not have been able to have completed this work. i SUMMARY Internet Service Providers (ISP’s) are crucial to the operation and development of the Internet. However, through the performance of their basic functions, they faced the great risk of civil and criminal liability for unlawful content posted by third parties. As this risk threatened the potential of the Internet, various jurisdictions opted to promulgate legislation that granted ISP’s safe harbours from liability. The South African (RSA)...
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...Technology and Health Care 19 (2011) 483–495 DOI 10.3233/THC-2011-0646 IOS Press 483 Rehabilitation Engineering Rehabilitation robotics Marko Munih and Tadej Bajd∗ Faculty of Electrical Engineering, University of Ljubljana, Slovenia Abstract. The paper presents the background, main achievements and components of rehabilitation robotics in a simple way, using non-technical terms. The introductory part looks at the development of robotic approaches in the rehabilitation of neurological patients and outlines the principles of robotic device interactions with patients. There follows a section on virtual reality in rehabilitation. Hapticity and interaction between robot and human are presented in order to understand the added value of robotics that cannot be exploited in other devices. The importance of passive exercise and active tasks is then discussed using the results of various clinical trials, followed by the place of upper and lower extremity robotic devices in rehabilitation practice. The closing section refers to the general importance of measurements in this area and stresses quantitative measurements as one of the advantages in using robotic devices. Keywords: Robot, haptic interface, virtual reality, measurement 1. Introduction The application of robotic approaches in neurological patient rehabilitation was introduced almost two decades ago [1]. Even though the number of robotic rehabilitation systems is large, the number of clinical trials remains quite...
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...RIGA GRADUATE SCHOOL OF LAW THE IMPLEMENTATION OF INTERNATIONAL STATE RESPONSIBILITY NATIONAL SPACE LEGISLATION IN THE EU (title) INTO MASTER’S THESIS AUTHOR: DMYTRO CHYBISOV LL.M 2007/2008 year student student number LLM00703 JANE SMITH________________ (name, surname) TUTOR: Professor____________________ (academic title) DECLARATION OF HONOUR: I declare that this thesis is my own work, and that all references to, or quotations from, the work of others are fully and correctly cited. (Signed) …………………………………. RIGA, 2008 2 SUMMARY In Part I the general provisions of space treaties and principles of public international law briefly summarized. An overview of “appropriate state”, “launching state” terms and international responsibility and liability issues also discussed there. Part I is supposed to introduce current international legal tools available for the regulation of space activities. It explains what is international space law, why it is important and how does it work. Moreover, certain aspects of legal treatment of governmental and non-governmental entities are comprehensively discussed. The analogy between international space law and maritime law was also reiterated. Part I particularly examines each of three main space treaties and the problematic points arising from their interpretation. The enforcement mechanism is also analyzed. It was the idea to pick up an issue and then to analyze it using the common sense and legal logic with the view...
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............... 289 A. Negligence ..................................................................................................... 290 B. Physical Abuse................................................................................................292 C. Emotional or Psychological Abuse.............................................................. 294 D. Financial Exploitation ...................................................................................295 II. Incidence and Prevalence ................................................................................. 296 III. Causes and Risk Factors .................................................................................. 298 IV. Dealing with the Problem of Elder Abuse ....................................................... 301 V. Mandatory Reporting ........................................................................................ 304 Conclusion and Final Recommendations ............................................................... 307 INTRODUCTION AS THE POPULATION SCHEME changes, the system faces new challenges. In 2000, the elders accounted for 16% of the total population in Puerto Rico and this per1 centage will continue to rise within the next few years. It is expected that by 2025, people sixty years or older will account for more than 20% of the total 2 population. As the elders live longer, their needs grow larger. What constituted an exception in the past is now common: people reaching seventy...
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...Shaping Parental Authority over Children’s Bodies ALICIA OUELLETTE* INTRODUCTION....................................................................................................... 956 I. SCULPTING, SHAPING, AND SIZING CHILDREN: FOCUS CASES.............................. 959 A. WESTERNIZING ASIAN EYES..................................................................... 960 B. HORMONES FOR STATURE ........................................................................ 961 C. LIPOSUCTION ON A TWELVE YEAR OLD.................................................... 963 D. GROWTH STUNTING ................................................................................. 964 II. THE LAW, MEDICINE, PARENTAL RIGHTS, AND CHILDREN’S BODIES ................. 966 A. BACKGROUND LAW ................................................................................. 966 B. APPLICATION IN SHAPING CASES .............................................................. 969 C. ROOM FOR REGULATION .......................................................................... 971 III. WHAT IS REALLY WRONG WITH MEDICAL AND SURGICAL SHAPING OF CHILDREN? ............................................................................................................ 973 A. THE NONSUBORDINATION PRINCIPLE AS A LIMIT ON INDIVIDUAL RIGHTS 974 B. CHILDREN AS PERSONS, PARENTAL RIGHTS ............................................. 977 C. MEDICAL AND SURGICAL SHAPING OF CHILDREN IS DIFFERENT ............... 981 IV. CONCERNING...
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...America Invents Act of 2011: Analysis and Cross-References Donald S. Chisum Co-Founder and Lecturer, Chisum Patent Academy ChisumPatentAcademy.com December 5, 2011 SYNOPSIS § 1 Introduction § 2 Overview, Organization and Citation Form § 3 First Inventor to File 3.1 Effective Date; Two Patent Laws for Decades 3.2 "Sense of Congress"; Justifying Conversion to First-to-File; Certainty; Harmonization; Grace Period Difference 3.3 New Section 102 on Novelty 3.3.1 Retained Concepts 3.3.1.1 "Patented 3.3.1.2 "Described in a Printed Publication" 3.3.1.3 "In Public Use, On Sale": Is Non-Public Commercial Activity Included? 3.3.2 Omitted Concepts 3.3.2.1 "Known or Used" 3.3.2.2 "In this Country" 3.3.2.3 Invention Dates; On the Continuing Relevance of "Conception" and "Reduction to Practice"; "Who" Problems and "When" Problems; Derivation; Ownership 3.3.3 New or Revised Concepts 3.3.3.1 "Otherwise Available to the Public" 3.3.3.2 "Claimed Invention"; Generic Claims and Specific Disclosures 3.3.3.3 "Effective Filing Date" 3.3.4 Grace Period: Exception for Inventor Disclosures A Year or Less Before Filing 3.3.4.1 Inventor Disclosures; Derivation 3.3.4.2 Prior Disclosure by Inventor 3.3.5 Senior Right 3.3.5.1 Applications Previously Filed by Others as Prior Art; Effective Filing Date; Hilmer Abolished 3.3.5.2 Avoiding Senior Filed Application Disclosure 3.3.5.2.1 Subject Matter Obtained from Inventor 3.3.5.2.2 Subject Matter Previously Publicly Disclosed 3.3.5.2.3 Common Ownership;...
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...Berkeley Journal of Gender, Law & Justice Volume 7 | Issue 1 Article 2 September 2013 The Legal Implications of Gender Bias in Standardized Testing Katherine Connor Ellen J. Vargyas Follow this and additional works at: http://scholarship.law.berkeley.edu/bglj Recommended Citation Katherine Connor and Ellen J. Vargyas, The Legal Implications of Gender Bias in Standardized Testing, 7 Berkeley Women's L.J. 13 (1992). Available at: http://scholarship.law.berkeley.edu/bglj/vol7/iss1/2 Link to publisher version (DOI) http://dx.doi.org/ This Article is brought to you for free and open access by the Law Journals and Related Materials at Berkeley Law Scholarship Repository. It has been accepted for inclusion in Berkeley Journal of Gender, Law & Justice by an authorized administrator of Berkeley Law Scholarship Repository. For more information, please contact jcera@law.berkeley.edu. The Legal Implications of Gender Bias in Standardized Testing Katherine Connort Ellen J. Vargyast TABLE OF CONTENTS I. II. INTRODUCTION ....................................... THE FACTUAL CONTEXT ............................. A. The Scope of the Problem ............................ 1. Post-Secondary Admissions Tests .................. 2. Vocational Aptitude Tests and Interest Inventories. B. Causes of Gender Differences in Test Scores ........... 1. Post-Secondary Admissions Tests .................. 2. Vocational Aptitude Tests and Interest Inventories. C. Validity of the Tests .......................
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...THE FUTURE OF FORECLOSURE LAW IN THE WAKE OF THE GREAT HOUSING CRISIS OF 2007-2014 Clinical Professor of Law Notre Dame Law School Judith Fox 54 WASHBURN L. J. (forthcoming, 2015) Notre Dame Law School Legal Studies Research Paper No. 1504 A complete list of Research Papers in this Series can be found at: http://www.ssrn.com/link/notre-dame-legal-studies.html This paper can be downloaded without charge from the Social Science Research Network electronic library at http://ssrn.com/abstract=2573203 Electronic copy available at: http://ssrn.com/abstract=2573203 The Future of Foreclosure Law in the Wake of the Great Housing Crisis of 2007-2014 Judith Fox* ABSTRACT As 2014 came to an end so, perhaps, did the worst foreclosure crisis in U.S. history. On January 15, 2015, RealityTrac, one of the nation’s leading reporters of housing data, declared the foreclosure crisis had ended. Whether or not their declaration proves true, the aftermath of the crisis will be felt for years to come. During the crisis it is estimated more than five million families lost their homes to foreclosure. Federal, state and local responses to the crisis changed laws and perceptions regarding foreclosure. Despite these changes, we end the crisis much the way we began---with a nationwide foreclosure system mistrusted and disliked by lenders and consumers alike. This paper examines the responses to the crisis in an effort to determine what worked, what did not, and where foreclosure law should...
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