Digital Commons Network^™

The Case For Enforcing Adhesive Arbitration Agreements - With Particular Consideration Of Class Actions And Arbitration Fees, Stephen Ware

Stephen Ware

Arbitration clauses appear in a wide variety of the form contracts through which consumers obtain goods, services and credit, as well as in employment agreements, and other contracts of ordinary individuals. These adhesive agreements to arbitrate are generally enforced by courts, but this enforcement is quite controversial. Countless law review articles criticize it, while the few that defend it are usually limited in important ways. This paper defends the general enforcement of adhesive arbitration agreements.

Section I shows that this general enforcement is socially desirable and that it benefits most consumers, employees and other adhering parties. Section II introduces the …

Toward Democratic Consolidation? The Argentine Supreme Court, Judicial Independence, And The Rule Of Law, Christopher J. Walker

Christopher J. Walker

Too little attention has been paid to the role of judiciary in strengthening democracy and the rule of law in Latin America, with even less attention on the Argentine judicial system. In this paper, the role of the courts in consolidation will be examined through the Argentine case study. Part I outlines the current state of the literature on democratization and the rule of law with respect to Latin America, while Part II reviews what has been written about the Latin American judiciary and its influence on the rule of law. Part III evaluates the development of the judiciary and …

Incentive Maintenance Outsourcing Contracts For Channel Coordination And Improvement, Hakan Tarakci, Kwei Tang, Herb Moskowitz, Robert Plante

Hakan Tarakci

Consider a manufacturer who has a process with an increasing failure rate over time. In order to improve the process performance, the following two types of maintenance activity are outsourced to an external contractor: (i) preventive maintenance is performed periodically to improve the reliability of the process when the process is functional; and (ii) corrective maintenance is used to restore the process to a specified condition when it fails. We consider the use of incentive contracts to induce the contractor to select the maintenance policy that optimizes the total profit of the manufacturer and contractor. It is demonstrated that an …

The Optimal Number Of Governments For Economic Development, Robert D. Cooter

Robert Cooter

No abstract provided.

Privacy, Data Protection And Law Enforcement. Opacity Of The Individual And Transparency Of Power, Serge Gutwirth, Paul De Hert

Serge Gutwirth

In 'Privacy, data protection and law enforcement. Opacity of the individual and transparency of power' De Hert and Gutwirth take up the challenge to rethink notions as privacy, data protection and law enforcement against the background of a theoretical analysis of the principles of the democratic constitutional state, a review of privacy and data protection legislation and a focus upon the case-law of the European Court of Human Rights in Strasbourg. The trigger of their reflection is twofold. On the one hand the authors acknowledge that privacy has come increasingly under pressure, not only as a result of the large …

Poster: A Model For Competency Based Optometric Training, Rebecca P. Mcalister, William Howard Mcalsiter, Ralph P. Garzia, Aaron S. Franzel.

Aaron Franzel

Product Customization On The Web: An Empirical Study Of Factors Impacting Choiceboard User Satisfaction, Pratyush Bharati, Abhijit Chaudhury

Pratyush Bharati

No abstract provided.

Mac Os X Forensics, Philip Craiger, Paul Burke

J. Philip Craiger, Ph.D.

Assessing Trace Evidence Left By Secure Deletion Programs, Paul Burke, Philip Craiger

J. Philip Craiger, Ph.D.

The Limits Of The Olympian Court: Common Law Judging Versus Error Correction In The Supreme Court, Carolyn Shapiro

Carolyn Shapiro

Throughout its history, the Supreme Court has struggled to control its caseload and to avoid becoming a court of error correction. Instead, it applies its resources to matters of particular national importance and to promoting uniformity in the law. This Article argues that the Court's approach to maintaining uniformity fails to provide adequate guidance to the lower courts. The Court focuses on resolving disagreements among the lower courts over what rules and standards to apply. But the Court largely ignores the question of whether those directives are applied in a consistent or predictable way. As a result, there are areas …

Through The Back Door: Applying Theories Of Legal Compliance To Illegal Immigration During The Chinese Exclusion Era, Emily Ryo

Emily Ryo

This article applies theories of legal compliance to analyze the making of this country’s first “illegal immigrants”—Chinese laborers who crossed the U.S.-Canadian and U.S.-Mexican borders in defiance of the Chinese exclusion laws (1882–1943). Drawing upon a variety of sources, including unpublished government records, I explore the ways in which Chinese laborers gained surreptitious entry into the United States during this period and ask, what explains their mass noncompliance? I suggest that while an instrumental perspective is useful for understanding these border crossings, it overlooks other important determinants of noncompliance: normative values and opportunity structures. Specifically, the exclusion laws were widely …

Where The Action Is: Small Groups And Contemporary Sociological Theory, Elisabeth Brooke Harrington, Gary Alan Fine

Brooke Harrington

Although small group research has been somewhat marginalized within sociology during the past decades, the authors argue that a focus on interaction arenas can contribute to a more complete analysis of social life. Specifically the authors examine three central domains of sociological analysis—culture, organizations, and the economy—to demonstrate how a focus on the mesolevel of analysis allows for a merging of macrosociology and microsociology. The authors draw on the perspective of sociological miniaturism to provide a model for cross-level research.

“Birds Of A Feather” Rico: Trying Partners In Crime Together, Julie Gunnigle

Julie Gunnigle

No abstract provided.

“You’Re Awfully Old To Have This Disease”: Experiences Of Stigma And Ageism In Adults 50 Years An Older Living With Hiv/Aids., Charles A. Emlet

Charles Emlet

No abstract provided.

Phenomenology And Ethnomethodology In Economic Sociology, Christopher Prendergast

Christopher Prendergast

No abstract provided.

Activity Based Costing For Better Cost Management, Babu P. George

Babu George

Peer Support For African American Male College Achievement: Beyond Internalized Racism And The Burden Of “Acting White”, Shaun R. Harper, Ph.D.

Shaun R. Harper, Ph.D.

Theorists posit that the social reinforcement of racially oppressive assumptions eventually works its way into the psyche of African Americans and negatively shapes the way they see themselves and others within their race. Some scholars have attempted to prove and others have subsequently disputed the idea that school achievement within African American peer groups is seen as “acting White.” In this study, internalized racism and Fordham and Ogbu’s (1986) Acting White Hypothesis were explored among high-achieving African American male undergraduates at six predominantly White universities. Findings from individual interviews contradict the hypothesis and reveal ways through which peer support for …

“News Alert": A Google Search Engine Service. Its Utility In Geriatrics And Gerontology - "Alerta De Noticias", Un Servicio Del Motor De Busqueda Google. Utilidad En Geriatria Y Gerontologia., Diego A. Bernardini, Juan F. Macias Nunez

Diego Bernardini MD, PhD

No abstract provided.

Good News Investors! You’Ve Got A Financial Expert On The Board: The Bad News? It Doesn’T Mean Anything, Jeffrey M. Mcfarland

Jeffrey M McFarland

No abstract provided.

Regionalism, The Supreme Court, And Effective Governance: Healing Problems That Know No Bounds, Nick J. Sciullo

Nick J. Sciullo

By actively endorsing remedies that favor a city-suburb divide, the Supreme Court has failed to allow regional development. The Supreme Court's federalism jurisprudence is unresponsive to the myriad issues pervading society. Ultimately, individuals must take action, through a process formulated in this article, to change the way in which governments and the courts respond to the needs of populations.

A battery of cases including Brown v. Board of Education and its progeny, Missouri v. Jenkins and Milliken v. Bradley, reached the Supreme Court during the tumultuous 1950s, 1960s, and 1970s. A vast array of environmental laws and housing regulations also …

Econometric Accounting Of The Australian Corporate Tax Rates: A Firm Panel Example, Max Gillman, Simon Feemy, Mark N. Harris

Max Gillman

No abstract provided.

Science Education On The U.S./Mexico Border: Field-Based Studies For Future Teachers In Bilingual/Binational Schools, William H. Robertson, Judith Munter, Claudia V. Garcia

William H. Robertson

The University of Texas at El Paso’s field-based program of studies for future teachers provides opportunities for powerful learning through a dialectical union of reflection and action. Methods courses in academic disciplines are linked with seminars and coursework on community partnerships, critical pedagogy and culturally responsive education. This article illustrates the processes of planning, implementation and evaluation of this approach, highlighting the impacts of community service learning. Parents, students and future teachers interact in workshops that center on validating native language literacy, increasing parental involvement and providing conceptually correct science education. The project indicates that two-way dual language programs with …

A Practical Approach To Building Web Sites In The Classroom, William H. Robertson

William H. Robertson

The five-phased process for building Web sites in the classroom may be useful in helping educators facilitate the process of integrating computer technology and the Internet into instruction and curriculum design. The method described is a synthesis of a personal process of discovery, teaching, and learning that has come from practical experience with teachers and students. To effectively utilize this five-phased approach, the instructor must ascertain the final goal, whether it is a curriculum product, Web site, oral presentation, or some other form of demonstration of learning. The identified phases are a set of guiding principles that at any time …

Implementing The Texas Master Science Teacher Program, William H. Robertson, Elaine Hampton, Brian H. Giza

William H. Robertson

In 2004, the State of Texas authorized the Texas Master Science Teacher certification. This post-baccalaureate certification provided a much-needed opportunity for experienced science teachers to be formally recognized for their leadership roles at a time in which science instruction was being impacted by a number of sometimes competing state and national initiatives. This article describes the steps and lessons learned by the team that implemented the first Master Science Teacher program in Texas.

La Corte Costituzionale, L’Illecito Ed Il Governo Della Colpa, Mauro Bussani, Marta Infantino

Mauro Bussani

Under Italian law, the (only) court competent to solve constitutional questions – the Constitutional Court – is often required to verify the constitutionality of tort law rules. Focusing on the Constitutional Court’s pronouncements about the notion of fault in tort liability, the paper aims to investigate how the Court performs its role in a field where judicial review is seldom aimed to the scant legislative tort law rules, and most of the times targets the way in which ordinary courts, including the Court of Cassation (i.e. the Supreme Court in civil matters), apply tort law rules, and set the fault …

Taking Ad-Vantage Of Consumers: Advertising Light Cigarettes: Reassuring And Distracting Concerned Smokers, Richard W. Pollay

Richard W. Pollay

No abstract provided.

The Uses Of History In The Supreme Court's Takings Clause Jurisprudence, Jonathan R. Lahn

Jonathan R Lahn

No abstract provided.