Digital Commons Network^™

My Cv 2010, Sandip K. Lahiri

Dr. Sandip Kumar Lahiri

No abstract provided.

The Invalidity Of The 1910 Japan-Korea Annexation Treaty And The Plain Defects Of The Corollaries In Japanese Assertions Of The Sovereign Title To The Dokdo Island, Young K. Kim

Young K Kim

In view of the rule of international law, the Japanese control upon the Korean territories during these 26 years could only been precisely defined as a belligerent occupation. No sovereign title or any legally valid title had ever been entitled to Japan, by this belligerent occupation. So, when the subjection by the Japanese warlords ended, the liberated Korea had immediately resumed the national liberty and the proud cultural heritage. Any vestiges of Japanese control over to the Korean territories should have been eliminated completely, and at once. Removing Japanese warlords from the Korean territory was the only condition for the …

Absolute Immunity: A License To Rape Justice At Will, Prentice L. White

Prentice L White

ABSOLUTE IMMUNITY: A LICENSE TO RAPE JUSTICE AT WILL BY PRENTICE L. WHITE We are all acquainted with the phrase the sanctity of marriage. We understand that the vows made by a couple at the wedding ceremony is sacrosanct, and if those vows are not taken seriously, or abused in any way, then the offending spouse will be penalized and evicted from the marital relationship. Likewise, justice should be handled in the same manner and with the same intensity. America prides itself on having the best legal system in the world. It broadcasts to all the surrounding nations that its …

Reina Del Camino, Fernando Carrión Mena Arq.

Fernando Carrión Mena

El 24 de diciembre pasado se produjo uno de los tantos accidentes viales que ocurren en las carreteras del país; con un saldo francamente doloroso: 38 personas fallecidas y 32 lesionadas, de los 83 pasajeros que llevaba el bus número 57 de la Cooperativa Reina del Camino. En este accidente se han encontrado muchas anormalidades, como son: problemas mecánicos en los frenos y en la caja de cambios, superabundancia de pasajeros, exceso de velocidad, chofer sin licencia de conducir y distinto al que fue autorizado a la salida de la terminal de Quito y carencia de controles en los 300 …

Commercial Surrogacy: Is Regulation Necessary To Manage The Industry?, Cara M. Luckey

Cara M Luckey

This paper discusses legal and ethical issues involved with commercial surrogacy both within the United States and Internationally. Inconsistencies in laws create an increased potential for the exploitation of the parties involved in a surrogacy agreement. The validity of contracts varies between states and certain countries that allow surrogacy do not adequately protect the surrogate mothers. As this field of Assisted Reproductive Technology becomes more prevalent, the need for effective regulation of commercial surrogacy is essential.

Predicting State Failure: A Classification Tree Approach, Atin Basu Choudhary, Jim T. Bang, William F. Shughart Ii

Atin Basu Choudhary

We deviate from standard practice in the literature on state failure to use classification tree methods to predict state failure. We argue that the rarity of state failure and simplicity of use and interpretation makes this approach more attractive. We determine simple decision rules, based on observable and measurable variables, to determine whether a country is likely to fail or not.

Dayalbagh Educational Institute Soft Computing Edge Cutting Technology Lab (Deisel), D. K. Chaturvedi

D. K. Chaturvedi Dr.

Dayalbagh Educational Institute Soft Computing Edge Cutting Technology Lab (DEISEL) Group consiting of a Professor Incharge, four Teaching Staff members, five Non-Teaching Staff members, five Ph.D. Students, six M. Tech. Students. The objective of DEISEL is to to exploit the tolerance for imprecision uncertainty, approximate reasoning and partial truth to achieve tractability, robustness, low solution cost, and close resemblance with human like decision making to find an approximate solution to an imprecisely/precisely formulated problem. The challenge is to exploit the tolerance for imprecision by devising methods of computation which lead to an acceptable solution at low cost. This, in essence, …

10cv7727, Us Dist. Ct., N. Illinois, Plaintiffs’ Brief As To Motion (Doc 4) & Prayer For Injunctive Relief & Declaratory Ruling That The 12,500 Signature Ballot Access Requirement Is Unconstitutional, Christopher C. Cooper Dr.

Christopher C. Cooper Dr.

Recall, a court's “inquiry into the propriety of a state election law depends upon the extent to which a challenged regulation burdens First and Fourteenth Amendment rights." Burdick, 504 U.S. at 434. Plaintiffs contend that there is no doubt that the 12,500 signature requirement burdens the First and Fourteenth Amendments. The extent of the burden is tremendous for the reasons enunciated, in particular how the requirement tramples on the right of freedom of political of association. The 12,500 signature requirement severely burdens First and Fourteenth Amendment rights and are not narrowly drawn to advance Illinois's interest. Cf. Storer, 415 U.S. …

Eminent Need: Proposing A Market Participation Exception For Municipal Parker Immunity, Scott B. Weese

Scott B Weese

A township is using its eminent domain powers to become a monopsony in the real estate market for the designated area. That township’s monopsony power is then being exploited to create a price-fixing scheme that would violate antitrust laws, either as a per se violation under § 1 of the Sherman Antitrust Act, or as a monopolizing or attempted monopolizing offense under § 2. Under the Sherman Act, effected residents could force the township to appraise each property individually and pay the full market value; if the township refused, they would be subject to the treble damage penalty, erasing any …

Reduction Of Iron (Iii) And Humic Substances Plays A Major Role In Anaerobic Respiration In An Arctic Peat Soil, David A. Lipson, Mony Jha, Ted K. Raab, Walter C. Oechel

Ted K. Raab

Arctic peat soils contain vast reserves of organic C and are largely anaerobic. However, anaerobic respiration, particularly the role of Fe(III) and humic substances as electron acceptors, is not well understood in such ecosystems. We investigated these processes in a drained thaw lake basin on the Arctic coastal plain near Barrow, Alaska. We measured concentrations of soluble Fe and other potential electron acceptors, described the microbial community, and performed experiments in the laboratory and field to measure net rates of Fe(III) reduction and the relationship of this process to C cycling. In most areas within the basin, aerobic conditions existed …

Aplicación De La Ley De Defensa Del Consumidor Para La Restitución Colectiva De Sumas Indebidamente Percibidas De Los Consumidores, Gabriel Martinez Medrano

Gabriel Martinez Medrano

No abstract provided.

Another Role For Securities Regulation: Expanding Opportunity, Jasmin Sethi

Jasmin Sethi

Securities regulation can be justified on a number of grounds, but historically, expanding opportunities for wealth accumulation across sectors of the population has not been a justification given credence. This paper examines the implications of integrating an opportunities based perspective in evaluating securities regulation for policy decisions. I demonstrate how the policy implications of such a perspective are often distinct from those implicated by other approaches, such as a public welfare approach to securities regulation. In this article, I apply this perspective and what we know about human behavior to examine how securities policy could be shaped by an opportunities-based …

Cowell V. Good Samaritan: How And Why The Washington Legislature Should Amend Rcw 7.71 To Protect Physicians From Abuses Of Medical Peer Review Currently Being Shielded Under The Health Care Quality Improvement Act., Nicholas R. Kadar

Nicholas R. Kadar

In 1987, the Washington legislature enacted RCW 7.71, and adopted the Health Care Quality Improvement Act of 1986 (HCQIA), 42 U.S.C. §§ 11101-11152, to protect medical peer review. RCW 7.71 also created a private cause of action for physicians “occasionally hurt by peer review decisions”, because the Legislature concluded that peer review decisions “based on matters unrelated to quality and utilization review need[ed] redress”. RCW 7.71 sought to balance the benefits of peer review to the public against the harms caused by peer review decisions not related to a physician’s competence or professional conduct.

In Cowell v. Good Samaritan, the …

Autonomy In Setting Appropriate Level Of Protection Under The Wto Law: Rhetoric Or Reality?, Michael Ming Du

Michael Ming Du

In the World Trade Organization (WTO) jurisprudence, the Appellate Body (AB) has repeatedly affirmed that WTO Members have the prerogative right in setting any level of protection that they deem appropriate (ALOP). At the same time, WTO Agreements provide for disciplines that a WTO Member must respect when it selects regulatory measures to fulfill its ALOP. Thus, a WTO Member’s autonomy in setting its ALOP, on the one hand, and the full force of other disciplines, on the other hand, are in a constant state of tension. Then, exactly how does a panel balance a Member’s right of setting its …

Ubiquitous Trio: China, Wto And United States Of America, Yuliya Kostelova

Yuliya Kostelova

No abstract provided.

Evaluation Of Hedging Techniques As Instruments To Minimise The Impact Of Transaction And Translation Risks In Global Business Market, George E. Ekeha

George E Ekeha

The current global economic development has made it possible for corporate executives to operate anywhere they wish over the world. This opportunity, however, depends on the need and strategy of the company concern. Some companies go into the global market in order to exploit an opportunity that has been identified. Others go global as a market expansion strategy. Others may be due to the fact that the company has reached the maturity stage in its local market, they would have no choice than to go global in order to be in business.

Companies have many choices by which they can …

B.Y.O.B. (Bring Your Own Bag): A Comprehensive Assessment Of China’S Plastic Bag Policy, Mary Beckwith O'Loughlin

Mary Beckwith O'Loughlin

On June 1, 2008, the Chinese government enacted a nationwide policy prohibiting all stores from freely distributing plastic bags to customers. This new policy requires that, henceforth, all retailers must charge a nominal fee for plastic bags and that those purchasable bags must meet certain quality requirements to improve their potential reusability. These retailers, which include everything from grocery and clothing stores to farmer’s markets and food stalls, individually determine how much to charge for their bags and get to keep all related proceeds. The policy is an effort to mitigate the “white pollution” that is choking China’s landscape, as …

Genios Eclipsados, Guillermo Arosemena

Guillermo Arosemena

No abstract provided.

The Senate Filibuster: The Politics Of Destruction, Emmet J. Bondurant

Emmet J Bondurant

The notion that the Framers of the Constitution intended to allow a minority in the U.S. Senate to exercise a veto power over legislation and presidential appointments is not only profoundly undemocratic, it is also a myth. The overwhelming trend of law review articles have assumed that because the Constitution grants to each house the power to make its own rules, the Senate filibuster rule is immune from constitutional attack. This Article takes an opposite position based on the often overlooked history of the filibuster, the text of the Constitution and the relevant court precedents which demonstrate that the constitutionality …

Hiv And Aids In Africa: Compulsory Licensing Under Trips And Doha Declaration, Ufuoma Barbara Akpotaire

Ufuoma Barbara Akpotaire

In today’s world, there is a lot of focus on issues such as militancy, global warming, terrorism, racism and even politics. Unfortunately, there is a problem that has killed and is still killing far more people than any of the above issues. That problem is HIV/AIDS.

AIDS is a serious medical condition that predisposes patients towards opportunistic infecting tumors, dementia and death. HIV is the viral agent associated with AIDS. Africa is without doubt more heavily affected by HIV/AIDS than any other region of the world. Although Nigeria’s HIV/AIDS prevalence rate is still relatively low compared to some countries in …

Designing For Future Building Adaptive Reuse Using Adaptstar, Sheila Conejos, Craig Langston

Sheila Conejos

Designing future buildings with embedded adaptive reuse potential is a useful criterion for sustainability. Adaptive reuse is an emerging and significant design strategy that supports global climate protection and emissions reduction. Building adaptive reuse is a viable alternative to demolition and replacement; it entails less energy and waste, and can offer social benefits by revitalizing familiar landmarks and giving them a new lease of life. This paper describes the development of a new rating tool known as adaptSTAR, suitable for assessing future adaptive reuse potential at the time a building is designed. This paper reports on the methodology used to …

How Accurate Is The Statement That “The Dividend Policy Of A Firm Is Irrelevant”., George E. Ekeha

George E Ekeha

Various studies suggest that the question of whether dividend policy affects the value of the firm has puzzled researchers and corporate managers for many years. It is evidence that dividend policy is one of the most widely researched topics in finance. Yet, researchers have different views about whether the percentage of earnings that a firm pays out in dividends materially affects its long-term share price, Dempsey et al, (1993). This essay tried to identify the various studies on the dividend puzzle. It is outlined in this essay that dividend payment by corporate organisations is influenced by various factors. Some of …

United States Senate Document -- The Constitution Of The United States Of America: Analysis And Interpretation (Supp. 2010), Citing Tillman's A Textualist Defense, Seth Barrett Tillman

Seth Barrett Tillman

This is an extract from a copy of The Constitution of the United States of America: Analysis and Interpretation/2010 Supplement, S. Doc. No. 111-39, at 4 nn.2 & 5, 55 (Kenneth R. Thomas et al. eds., 2010) (prepared by the Congressional Research Service and Library of Congress) (citing Textualist).

The document is available from the Government Printing Office and available at http://works.bepress.com/seth_barrett_tillman/274/.

[October 24, 2011]

Leelle B. Krompass, Preface, Harvard Journal Of Law & Public Policy (2010), Acknowledging Tillman, Seth Barrett Tillman

Seth Barrett Tillman

LeElle B. Krompass, Preface, 33 Harv. J.L. & Pub. Pol'y i, i (2010), acknowledging Tillman

[June 16, 2014]

Reconsidering Disclosure And Liability In The Transatlantic Capital Markets, Mark Brewer, Orla Gough, Neeta Shah

Mark Brewer

In response to the current global financial crisis, governments around the world are introducing some of the most significant changes financial regulation since the Great Depression. However, these efforts fail to fundamentally alter the current overreliance on disclosure and fail to achieve international cooperation in deterring the next financial crisis. The article explores some of the limits of disclosure as a basis for financial regulation and to suggest international regulatory coordination of liability standards to help curtail the risky behavior that often leads to the pattern of boom and bust in the global financial markets. The purpose of this article …

Why Wait Until The Crime Happens? Providing For The Involuntary Commitment Of Dangerous Individuals Without Requiring A Showing Of Mental Illness, Adam Lamparello

Adam Lamparello

No abstract provided.

Extract From Joy Marlene Bryan & Simon M. Lorne's Acquisitions And Mergers: Negotiated And Contested Transactions (2010) Republishing In Full Bigler & Tillman's Void Or Voidable? -- Curing Defects In Stock Issuances Under Delaware Law, Seth Barrett Tillman

Seth Barrett Tillman

This is an extract from volume 11 of Joy Marlene Bryan & Simon M. Lorne's Acquisitions and Mergers: Negotiated and Contested Transactions § 3:64.76, at 3-364.2 to 3-364.2.42 (2010) republishing in full Bigler & Tillman's Void or Voidable? -- Curing Defects in Stock Issuances Under Delaware Law.

This publication is available on Westlaw.

[December 20, 2010]

Compensating The Adult Victim Of Childhood Incest: From Criminal To Constitutional Compensation, Limor Ezioni

Limor Ezioni

Adult victims of childhood incest face a multitude of problems when seeking redress from the courts: complex emotional and psychological issues, administrative difficulties in filing a complaint, the statute of limitation in civil suits, and inadequate financial compensation, to name just a few. Here we focus on the legal, moral, and philosophical dilemmas related to the question of proper punishment for the offender. Every legal system takes a different approach to this matter, often reflective of local legal/social norms. We believe that the Israeli experience can serve as springboard for research and debate on both the theoretical and practical aspects …

Examining Gender Stereotypes In New Work/ Family Reconciliation Policies, Rangita De Silva De Alwis

Rangita de Silva de Alwis

Examining Gender Stereotypes in New Work/ Family Reconciliation Policies: The Creation of a New Paradigm for Egalitarian Legislation This paper examines numerous laws that have adopted the dual earner/dual career models, thereby transcending distinctions based on gender. This model celebrates and privileges care giving by both men and women by placing it at the heart of work family reconciliation policies, thus beginning to dismantle many historically embedded gender stereotypes and allotting the special treatment that is traditionally offered to mothers to both men and women who choose to perform child caring duties. This paper advances the notion that new laws …

An Improved Ant Colony System For A Real Time Routing Strategy, Hannaneh Rashidi-Bajgan, Taravatsadat Nehzati, Napsiah Ismail

Hannaneh Rashidi-Bajgan

There is a large number of literatures about routing and dispatching plans for automated guided vehicle system (AGVS), however a small fraction of these works dealt with dynamic characteristic of this kind of scheduling problems. Current paper surveys a real time strategy to responding requests for supposed material handling system in the plant. We arranged this designing on a preplanned system where all data are known before the constructing routes. An improved ant colony optimization (ACO) is applied in order to find the shortest route path as new solicitations happened. We explore ACO initially for static version of the problem, …