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Different Roads To The Rule Of Law: Their Importance For Law Reform In Taiwan, James Maxeiner Dec 2003

Different Roads To The Rule Of Law: Their Importance For Law Reform In Taiwan, James Maxeiner

All Faculty Scholarship

Talk of law reform is in the air throughout East Asia. Whether in Beijing or Tokyo or here, law reform is spoken of in terms of strengthening the Rule of Law. But what is the Rule of Law? Different legal systems have different roads to reach the Rule of Law. These different roads are noticeable mainly in the different emphases different systems place on two critical elements in the realization of the Rule of Law State, namely rules and the machinery for implementing the rules, i.e., courts and administrative agencies. The Rule of Law makes demands on both the legal …


Mature Students - An Examination Of Dit’S Policy And Practice, Dáire Mag Cuill Nov 2003

Mature Students - An Examination Of Dit’S Policy And Practice, Dáire Mag Cuill

Articles

This paper examines the current position of mature students in the Technological University Dublin, the largest third-level institute in Ireland. It also deals with the treatment of mature applicants, and the position of mature students in the Republic of Ireland in general. The focus of the paper is on equity issues, and in all discussions of equity the underpinning principle is equality of opportunity. Where places on a third-level course are limited, for example, all applicants must be treated equally and the places allocated in a ‘fair’ manner. This does not mean that one cannot discriminate in the true sense …


Suem - Spitz's Ultimate Equitable Maxim: In Equity, Good Guys Should Win And Bad Guys Should Lose, Roger Young, Stephen Spitz Oct 2003

Suem - Spitz's Ultimate Equitable Maxim: In Equity, Good Guys Should Win And Bad Guys Should Lose, Roger Young, Stephen Spitz

South Carolina Law Review

No abstract provided.


The Income Method Of Valuation: A False Analogy Between Bonds And Stocks, Michael Sack Elmaleh Jul 2003

The Income Method Of Valuation: A False Analogy Between Bonds And Stocks, Michael Sack Elmaleh

Michael Sack Elmaleh

The discounting of future income streams by a risk adjusted rate of return by proponents of the income method reflects a misplaced faith in the ability to project accurately future income streams and pick out the “right” rate of return. Future income streams are fairly reliably predictable when analyzing a debt instrument. However, equity investment future income streams are notoriously unpredictable. Similarly assessing the risk associated with realizing returns from a fixed security is comparatively easy in comparison with assessing the risks associated with equity returns. The widely used Beta has not proved to be a very stable measure of …


Reactions To Perceived Inequity In U.S. And Dutch Interorganizational Relationships, Lisa K. Scheer, Nirmalya Kumar, Jan-Benedict E. M. Steenkamp Jun 2003

Reactions To Perceived Inequity In U.S. And Dutch Interorganizational Relationships, Lisa K. Scheer, Nirmalya Kumar, Jan-Benedict E. M. Steenkamp

Research Collection Lee Kong Chian School Of Business

In an empirical examination of inequity in interorganizational relationships, we found similarities and differences in Dutch and U.S. automobile dealers' reactions to inequity in their relationships with their automobile suppliers. As predicted by equity theory, both positive and negative inequity have detrimental effects on the reactions of Dutch firms. In contrast, U.S. firms do not react negatively to positive inequity; only negative inequity has deleterious effects.


Minority Shareholder, Minority Citizen: A Perspective Piece, Anthony Briggs Apr 2003

Minority Shareholder, Minority Citizen: A Perspective Piece, Anthony Briggs

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


On School Funding, State Is Inadequate, Richard E. Day Mar 2003

On School Funding, State Is Inadequate, Richard E. Day

Curriculum and Instruction Faculty and Staff Scholarship

While it may be amusing to watch those in power above us blame each other and make excuses, in the end, it is disheartening. Those of us at the school level know that no matter who ultimately gets blamed, we're the ones who must be here for the children. We are reminded daily, there can be no excuses for failure. The legislature, the school board -- everyone -- must do his or her job, so that we can do ours.


On School Funding, State Is Inadequate, Richard E. Day Mar 2003

On School Funding, State Is Inadequate, Richard E. Day

Richard E. Day

While it may be amusing to watch those in power above us blame each other and make excuses, in the end, it is disheartening. Those of us at the school level know that no matter who ultimately gets blamed, we're the ones who must be here for the children. We are reminded daily, there can be no excuses for failure. The legislature, the school board -- everyone -- must do his or her job, so that we can do ours.


An Analysis Of The Equity Of Nevada's Public School Funding System, Robert Alan Bennett Jan 2003

An Analysis Of The Equity Of Nevada's Public School Funding System, Robert Alan Bennett

UNLV Retrospective Theses & Dissertations

There has not been an equity study of the public school funding distribution system, in the State of Nevada, since its inception in 1967. The equity analysis of the Nevada State funding system utilizes the Berne and Stiefel conceptual framework and includes commonly used statistical measures of equity. The study provides an overview of public school finance equity and litigation in the United States. A brief overview of state equity studies is provided to facilitate comparison of state funding systems with Nevada's. A brief history of the development of school finance within the State of Nevada is provided. Equity analyses …


Piercing The Corporate Veil Of A New York Not-For-Profit Corporation, Matthew D. Caudill Jan 2003

Piercing The Corporate Veil Of A New York Not-For-Profit Corporation, Matthew D. Caudill

Fordham Journal of Corporate & Financial Law

No abstract provided.


Resisting The Expansion Of Bankruptcy Court Power Under Section 105 Of The Bankruptcy Code: The All Writs Act And An Admonition From Chief Justice Marshall, Daniel Bogart Dec 2002

Resisting The Expansion Of Bankruptcy Court Power Under Section 105 Of The Bankruptcy Code: The All Writs Act And An Admonition From Chief Justice Marshall, Daniel Bogart

Daniel B. Bogart

This article is divided into three main parts. In the first part, the article criticizes the expansive use of section 105 of the Bankruptcy Code by bankruptcy courts, and argues that this is an inappropriate extension of bankruptcy court power. It begins with a history of section 105 and argues that the drafter intended section 105 to be of limited scope. The drafter assumed that bankruptcy courts would rely on the All Writs Act, upon which the language of section 105 is based. This part then examines a number of typical scenarios in which courts have over reached in application …