The purpose of this paper is to picture the West as Mark Twain saw it. Many books have been written which describe Twain's Western years, but few have given much consideration to the accuracy of his account of the West in the 1860's. This paper attempts to portray Twain not only as a social and political satirist, but also as a possible historical satirist.

This study intends to investigate British artist Anish Kapoor’s stylistic formation in relationship to globalization, positing its history as a multiplicity, comprised of several competing localisms, including: minimalism; the traditions of modern painting; and the artist’s own personal diasporic narrative. It will demonstrate how Kapoor is a transgressive global artist, concerned not only with rethinking the longstanding question of artistic form, but also with the enduring process central to the cultural formation of subjects. Overall, this thesis will propose that Kapoor’s art in particular can be comprehended by the special liminal position it occupies between such polarities as modern and postmodern art, painting and sculpture, East and West, national and trans-national, and local and global. By transgressing the borders that demarcate these discourses, Kapoor’s art enters an in-between state; through both formal and thematic strategies, his sculptural forms orchestrate viewers so they are able to move beyond distinct, fixed, and stabile meanings and view the works as eminently open to the different perspectives and radically diverse discourses they engage, making them truly global works of art.

Prior research has shown that even the most subjective fair value estimates are value-relevant (Song et al. 2010, Kolev 2009, Goh et al. 2009) and that managers appear to use Level 3 valuations opportunistically (Valencia 2011, Fiechter and Meyer 2009). However, the association between “traditional” measures of aggressiveness in financial reporting and biased estimates of fair value has not been previously studied. I test whether aggressiveness, as measured by discretionary accruals, real activities manipulation, and meeting-or-beating analysts’ consensus estimates, is positively associated with realized and unrealized gains and losses on Level instruments. Overall, I find limited support that aggressive firms opportunistically use fair value measurements to overstate earnings. Inferences remain the same whether only the unrealized component of gains/losses are examined and whether firms are classified into “suspect” or “non-suspect” groups.

This thesis analyzes the contemporary case law of European courts regarding Community trade mark. The thesis is composed of five chapters. First chapter characterizes Community trade mark as a legal instrument of the law of the European Union. Second chapter analyzes relevant sources of law. Third chapter deals with institutions that are crucial mainly for the registration and protection of Community trade marks. Then the fourth chapter describes the registration process before the Office for Harmonization in the Internal Market. First part of this chapter focuses on the formalities of an application of the Community trade mark filed at the Office. Second part is concerned with the right of priority. Third part looks at absolute grounds for refusal of an application. Fourth part refers to relative grounds for refusal. Finally, the fifth part describes the grounds for revocation of the rights of the Community trade mark. At last the fifth chapter examines the contemporary legal background of the system of protecting the rights of proprietors of Community trade marks. The results of this thesis shows that the current legislation and the case law of European courts contribute to the functioning of the common market and mainly to free movement of goods by reasonable determination of limits for...

61\dokument1\23 December 2011 Abstract The purpose of this thesis is to outline the legal institution of trade marks in the current positive law - i.e. de lege lata, to introduce the rights and obligations granted and imposed by this legislation and to portray the actual usage of these in economic competition, with focus on their enforcement by suit of law in case of the infringement of these rights and obligations by third parties (most commonly competitors). This thesis contains direct citations and certain acquired professional opinions, the source of each of which is denoted in an appended footnote. The first chapter of this thesis is a theoretical introduction, comprising of the definition of trade marks, the national, community and international legal regulation of trade marks and a brief history of trademarks. The second chapter of this thesis is a description of the registration procedure, which is a precondition for the creation of the right to legal protection of trade marks, including the protection against unlawfully registered trade marks. The third chapter, which is the core of this thesis, discusses the uses and functions of trade marks, especially their uses in economic competition, their utility from the consumer's perspective and their impact on the market economy. This chapter also...

The purpose of this thesis is to outline the legal institution of trade marks in the current positive law - i.e. de lege lata, to introduce the rights and obligations granted and imposed by this legal regulation and to portray the actual usage of these in economic competition, with focus on their enforcement by suit of law in case of the infringement of these rights and obligations by third parties (most commonly competitors). This thesis contains direct citations and certain acquired professional opinions, the source of each of which is denoted in an appended footnote. The first chapter of this thesis is a theoretical introduction, comprising of the definition of trade marks, the national, community and international legal regulation of trade marks and a brief history of trademarks. The second chapter discusses the functions of trade marks, especially their uses in economic competition, their utility from the consumer's perspective and their impact on the market economy. The third chapter of this thesis includes a description of the registration procedure, which is a precondition for the creation of the right to legal protection of trade marks, an enumeration of the particular rights and obligations of persons (namely the owner of a trade mark and third parties) and a description of certain...

Resumé Protection of Three-Dimensional Trade Marks and Designs The aim of this work was to examine the registration requirements of three- dimensional trade marks and designs, to compare the rights and protection conferred by each of these forms of intellectual property and to observe the interaction of trade mark and design when their subject matter is identical or similar. First part of this work focuses on the questions regarding the registration requirements of the three-dimensional trade marks. The work looks closely on what constitutes a sign and which absolute grounds for refusal of registration are mostly employed when dealing with the three-dimensional trade marks. Furthermore this work looks at exclusion of registration of certain types of shapes, on the requirement of good faith when applying for trade mark registration and briefly at the average consumer. The landmark cases cited in this part of the work are Dyson v Registrar of Trade Marks, Philips v Remington, Henkel v OHIM, Lego v OHIM and Lindt v Franz Hauswirth. Second part of this work looks at the definition of design and its relationship to product itself. It also looks at the background of design protection and closely at the registration requirements of designs, namely the novelty requirement, the individual character and exclusion of...

The aim of this thesis is to examine trademarks and the possibilities of their application and use in the context of business competition. Trademarks are used widely in business and form part of an important and independent branch of the law. The thesis is divided into seven chapters. The first deals with the inclusion of trademark law into the broader area of intellectual property law. The following chapter describes the concepts of trademarks and legal sources. The law of trademarks is divided into a three level jurisdictional system - international, European and domestic law. The chapter also discusses the division of trademarks and describes their function. The conclusion of the chapter is devoted to the reasons for the refusal of registration of trademarks - namely absolute and relative. The third chapter focuses on the ways how trademark law is established. The establishment of trademarks is fundamentally based on the principle of registration. The exception is well known trademarks, which enjoy legal protection despite not being registered. The chapter is divided into three parts dealing with the registration procedure at the domestic, European and international level. In contrast, the fourth chapter contains circumstances under which trademarks lapse and are no longer in effect. The...

År 2010 fanns enligt Länsstyrelsen (2011) 80 000 platser som misstänktes vara förorenad och har uppskattats kosta 45 miljarder kronor att åtgärda och ta 40 år. Fastigheten Brynäs 19:7 i Gävle, där Cloetta och tidigare verksamheter har bedrivits, är förorenad med bland annat PAH, PCB, metaller och petroleumkolväten. Fastigheten ska bli ett bostadsområde men behöver först genomgå någon typ av saneringsåtgärd. För att välja den mest hållbara saneringstekniken är multikriterieanalys (MKA) ett bra verktyg. Inom MKA finns nu SCORE som är specifikt framtagen för förorenad mark, efterbehandling och beslutsfattande. Syftet med detta arbete är att ta fram åtgärdsförslag åt Gävle kommun för omhändertagandet av förorenad mark på Brynäsområdet 19:7. Målsättningen är att utreda för lämpliga efterbehandlingsmetoder och välja den bästa genom en utförd MKA. Under kapitlet Metod beskrivs hur studien kom till, tillvägagångssättet för litteraturundersökningen och MKA:n, samt viktiga val. Litteraturundersökningen består av information om Brynäs 19:7, bland annat om föroreningssituationen och en allmän områdesbeskrivning. Sedan följer en litteraturundersökning om de valda efterbehandlingsmetoderna; Biosan, Bioreaktor, Daramend, Jordtvätt, Termisk behandling och Vakuum extraktion. Biosan, Bioreaktor och Daramend är biologiska metoder och jordtvätt en fysikalisk metod. Efterbehandlingsmetoderna innehåller främst en processbeskrivning, typ av föroreningar den kan behandla och reningsgraden. Resultatet har sammanställts i ett antal stapeldiagram, varav samtliga presenteras ur ett hållbarhetsperspektiv där alla tre hållbarhetsdomäner har inkluderats. Det har framgått från resultatet att Vakuum extraktion är det mest hållbara alternativet. Diskussionen innefattar bland annat problemen kring fyllnadsmassorna på området, Off-site kriterier och resultatet. Slutsatsen är Vakuum extraktion är den mest hållbara av alternativen vid en sanering av fastigheten Brynäs 19:7 och det rekommenderas att metoden används, alternativt termisk behandling. Metoderna skulle även kunna kombineras för att minska deras svagheter och få en effektiv rening av de föroreningar som kräver sanering. De begränsningar som funnits har främst varit tidsbrist på grund av den omfattande multikriterieanalysen. Brist på information om Brynäs 19:7 och om de olika saneringsteknikerna har även till viss del varit en begränsande faktor. / In 2010, there was according to the County Administrative Board (2011) 80 000 sites suspected of being contaminated, and has been estimated to cost 45 billion to fix and take 40 years. The property Brynäs 19:7 in Gävle, where Cloetta and past operations have been conducted, is contaminated with mostly PAHs, PCBs, metals and petroleum hydrocarbons. The property will be a residential area but need to first undergo some type of remediation action. In order to choose the most sustainable remediation technology, a multi-criteria analysis (MCA) is a fitting tool to use. Within MCA is now SCORE, a specifically designed program for contaminated land, remediation and decision making. The purpose of this work is to develop and present proposals for actions to take to Gävle municipality, for disposal of contaminated soil at Brynäs 19:7. The goal is to determine the appropriate treatment methods and choose the best one by doing an MCA. In the methodology chapter it is described how the study came to be, the approach of the literature review, the MCA and important choices. The literature review consists of information on Brynäs 19: 7, including the pollution situation and a general description of the area. Then follows a literature review on the selected remediation methods; BioSan, Bioreactor, Daramend, Soil Washing, Thermal processing and Vacuum extraction. BioSan, Bioreactor and Daramend are biological methods, and soil washing a physical method. The remediation methods mainly contain a process description, type of pollution it can process and purification degree. The results have been compiled in a number of bar graphs, all of which are presented from a sustainability perspective, where all three sustainability domains have been included. The result shows that Vacuum extraction is the most viable option. The discussion includes the problems surrounding the filling material of the area, Off-site criteria and results. The conclusion is that the Vacuum extraction is the most sustainable of the alternatives to a clean-up of the property Brynäs 19: 7 and it is recommended that the method is used, alternatively Thermal processing. The methods could be combined to reduce their weaknesses and get an effective removal of the contaminants that require remediation. The limitations that existed have been mainly lack of time because of the extensive MCA. Lack of some information on Brynäs 19: 7 and about the various remediation techniques have to some extent been a limiting factor.

Master of Science / Department of Biology / Brett K. Sandercock / The migratory period is a critical time for birds. Population declines in long-distance migratory birds have been associated with trophic mismatches among climate change, timing of food availability, and timing of migratory movements. Studies on migratory songbirds have been limited to eastern North America and Europe, and migration strategies of birds may differ along the Pacific flyway. We evaluated the stopover ecology of five species of migratory songbirds at a coastal site in northern California. We found variation in changes in timing of spring migration, but consistent changes in timing of autumn migration over a 22-year period. Timing of spring migration advanced for Swainson’s Thrushes (Catharus ustulatus) and Yellow Warblers (Setophaga petechia), was compressed for Pacific-slope Flycatchers (Empidonax difficilis) and Wilson’s Warblers (Cardellina pusilla), but was protracted for Orange-crowned Warblers (Oreothlypis celata). In contrast, timing of autumn migration was delayed for Pacific-slope Flycatchers, Orange-crowned Warblers, and Yellow Warblers, but was protracted for Wilson’s Warblers. Warm, wet conditions were associated with advanced spring migration, and warm, dry conditions were associated with delayed autumn migration. Changes in timing of migration related to climate conditions were strongest for Pacific-slope Flycatchers and Orange-crowned Warblers. Stopover duration of our five study species was longer than songbirds in eastern flyways, and on average, was longer in spring than autumn. Pacific-slope Flycatchers and Yellow Warblers had longer stopovers in spring, whereas Swainson’s Thrushes and Wilson’s Warblers stopped had longer stopovers in autumn. Birds captured at low body mass had longer stopovers in spring and autumn. Migratory birds in western North America may have different migration strategies because of differences in climate and geography, but more study is needed to discover migratory routes and compare our results to other stopover sites along the Pacific flyway. Understanding differences in migration strategies of different populations of the same species are important in directing conservation efforts, especially in light of ongoing climate change.