Digital Commons Network^™

A Tale Of Conflicting Sovereignties: The Case Against Tribal Sovereign Immunity And Federal Preemption Doctrines Preventing States' Enforcement Of Campaign Contribution Regulations On Indian Tribes, Paul Porter

University of Michigan Journal of Law Reform

This Note will discuss whether Indian tribes can assert tribal sovereign immunity to avoid compliance with state campaign finance regulation and whether such regulations should be preempted by federal law. Tribal sovereign immunity is not an enshrined constitutional imperative; it exists only under federal common law and can be limited by the courts from blocking state suits to enforce campaign finance regulations against tribes. This Note will also argue that state campaign finance regulations should not be preempted by federal law because states have a compelling interest in protecting their political processes from corruption that outweighs tribal interests in flouting …

The Regulatory Choice Of Noncompliance In Emissions Trading Programs, John K. Stranlund

John K. Stranlund

This paper addresses the following question: To achieve a fixed aggregate emissions target cost-effectively, should emissions trading programs be designed and implemented to achieve full compliance, or does allowing a certain amount of noncompliance reduce the costs of reaching the emissions target? The total costs of achieving the target consist of aggregate abatement costs, monitoring costs, and the expected costs of collecting penalties from noncompliant firms. Under common assumptions, I show that allowing noncompliance is cost-effective only if violations are enforced with an increasing marginal penalty. However, one can design a policy that induces full compliance with a constant marginal …

Enforcing 'Self-Enforcing' International Environmental Agreements, David M. Mcevoy, John K. Stranlund

John K. Stranlund

Theoretical analyses of international environmental agreements (IEAs) have typically employed the concept of self-enforcing agreements to predict the number of parties to such an agreement. The term self-enforcing, however, is a bit misleading. The concept refers to the stability of cooperative agreements, not to enforcing these agreements once they are in place. Most analyses of IEAs simply ignore the issue of enforcing compliance. In this paper we analyze a static IEA game in which parties to an agreement finance an independent enforcement body with the power to monitor the parties’ compliance to the terms of an IEA and impose penalties …

The Professionalization Of Law Firm In-House Counsel, Elizabeth Chambliss

Faculty Publications

This Article examines the structural evolution of the "firm counsel" position from a volunteer, part-time position filled by an existing partner to a specialized, often full-time position increasingly filled by career in-house counsel. Based on focus groups and interviews with firm counsel, as well as participant observation at meetings and conferences aimed at firm counsel, I examine how the professionalization of the firm counsel position affects: (1) the definition of the firm as the client; (2) the authority of firm counsel with partners; and (3) firm counsels' professional commitments and attitudes about ethical rules. I find that, from a regulatory …

Unm Nih Investigator Policy Knowledge And Attitudes Survey, Philip J. Kroth, Erinn E. Aspinall, Holly E. Phillips

Publications

Survey instrument used to assess UNM NIH-funded investigators' knowledge, acceptance and perceived barriers to compliance with the NIH Enhanced Public Access Policy.

The Executive Role In Culturing Export Control Compliance, Matthew G. Morris

Michigan Law Review

Part I argues that the nature of export control enforcement requires extensive self-governing behavior on the part of exporters and that enforcement should be directed toward that end. Part II examines several possible justifications for penalizing a business entity and concludes that deterrence and rehabilitation through education are the most viable, particularly in a self-regulating industry. Part III argues that examining the export compliance program is actually a necessary prerequisite to determining the general culpability required under the general factors, and on that basis alone cannot be relegated to a mitigating factor. Part IV argues that an emphasis on corporate …

Mothers' Communication Style And The Development Of Child Compliance And Noncompliance During The Third Year Of Life, Sara Sohr-Preston

University of New Orleans Theses and Dissertations

Learning to comply with parental commands and requests is an important developmental achievement during toddlerhood. Although more responsive parenting often is associated with increases in children's compliance during the toddler years, the role of mothers' and toddlers' language abilities on change in compliance has largely been ignored. The current study addressed this gap using a sample of low-income, primarily African American mothers and toddlers (N = 55). Two models examining the role of receptive vocabulary were evaluated. First, mothers with higher receptive vocabulary scores were hypothesized to display more warm responsive communication in a teaching situation, which would be related …

The Relationship Between Health Beliefs And Adherence To Treatment Of Russian Immigrants With Hypertension, Michael R. Kolesnikov

Master's Projects

Introduction: Hypertension (HTN) has been identified as a common health problem in every ethnic group in the USA. Due to the silent nature of the HTN, some cultures may not perceive this condition as being serious or potentially fatal. Objective: The purpose of this study was to investigate the health beliefs of Russian-speaking immigrants with hypertension and their adherence to the prescribed treatment. Design: The study was a non-experimental exploratory survey and interview. Convenience sampling was used. The Health Belief Model (HBM) provided the theoretical framework. Sample: A total of 62 subjects (27% male and 73% female, ages from 51 …

A Study Of The Compliance Of Alarm Installations In Perth, Western Australia: Are Security Alarm Systems Being Installed To Australian Standard As2201.1 – “Systems Installed In A Client's Premises.”, Robert E. Mclaughlin, David J. Brooks

Australian Information Warfare and Security Conference

This study presented an overview of the training available to intruder alarm installers. A survey of domestic and commercial intruder alarm systems (n=20) were completed across Perth, Western Australia, metropolitan area. The gathered data were evaluated against Australian Standard AS2201.1 for intruder alarm systems, to determine whether alarm installations comply with two parts of the standard, being that of control panel location and zone supervision. AS2201.1 requires that intruder alarm control equipment shall be located within the alarmed area, located outside the entry/exit point and operate as dual endofline supervision. The study presents significant findings into the compliance of installed …

Risk Aversion And Compliance In Markets For Pollution Control, John K. Stranlund

John K. Stranlund

This paper examines the effects of risk aversion on compliance choices in markets for pollution control. A firm’s decision to be compliant or not is independent of its manager’s risk preference. However, noncompliant firms with risk averse managers will have lower violations than otherwise identical firms with risk neutral managers. The violations of noncompliant firms with risk averse managers are independent of differences in their benefits from emissions and their initial allocations of permits if and only if their managers’ utility functions exhibit constant absolute risk aversion. However, firm-level characteristics do impact violation choices when managers have coefficients of absolute …

Settling-Time Improvements In Positioning Machines Subject To Nonlinear Friction Using Adaptive Impulse Control, Tim Hakala

Theses and Dissertations

A new method of adaptive impulse control is developed to precisely and quickly control the position of machine components subject to friction. Friction dominates the forces affecting fine positioning dynamics. Friction can depend on payload, velocity, step size, path, initial position, temperature, and other variables. Control problems such as steady-state error and limit cycles often arise when applying conventional control techniques to the position control problem. Studies in the last few decades have shown that impulsive control can produce repeatable displacements as small as ten nanometers without limit cycles or steady-state error in machines subject to dry sliding friction. These …

Risk Aversion And Compliance In Markets For Pollution Control, John K. Stranlund

PERI Working Papers

This paper examines the effects of risk aversion on compliance choices in markets for pollution control. A firm’s decision to be compliant or not is independent of its manager’s risk preference. However, noncompliant firms with risk averse managers will have lower violations than otherwise identical firms with risk neutral managers. The violations of noncompliant firms with risk averse managers are independent of differences in their benefits from emissions and their initial allocations of permits if and only if their managers’ utility functions exhibit constant absolute risk aversion. However, firm-level characteristics do impact violation choices when managers have coefficients of absolute …

The 2004 Amendments To The Federal Sentencing Guidelines And Their Implicit Call For A Symbiotic Integration Of Business Ethics, Hess David, Robert S. Mcwhorter, Timothy L. Fort

Fordham Journal of Corporate & Financial Law

No abstract provided.

Alphaco: A Teaching Case On Information Technology Audit And Security, Hüseyin Tanriverdi, Joshua Bertsch, Jonathan Harrison, Po-Ling Hsiao, Ketan S. Mesuria, David Hendrawirawan

Journal of Digital Forensics, Security and Law

Recent regulations in the United States (U.S.) such as the Sarbanes-Oxley Act of 2002 require top management of a public firm to provide reasonable assurance that they institute internal controls that minimize risks over the firm’s operations and financial reporting. External auditors are required to attest to the management’s assertions over the effectiveness of those internal controls. As firms rely more on information technology (IT) in conducting business, they also become more vulnerable to IT related risks. IT is critical for initiating, recording, processing, summarizing and reporting accurate financial and non-financial data. Thus, understanding IT related risks and instituting internal …

Take The Long Way Home: Sub-Federal Integration Of Unratified And Non-Self-Executing Treaty Law, Lesley Wexler

Michigan Journal of International Law

This Article introduces the longstanding treaty compliance debate and expands it to include the question of whether treaties influence sub-federal actors in non-ratifying countries. This Part draws on norm theory to conclude that sub-federal actors may use treaties and treaty processes as: (a) a framework to understand the underlying substantive issue, (b) a way to reduce drafting costs, (c) a focal point to measure compliance, (d) evidence of an international consensus, (e) a mechanism to express or signal a cosmopolitan identity, or (f) a springboard to criticize the current administration.

Transparency: An Analysis Of An Evolving Fundamental Principle In International Economic Law, Carl-Sebastian Zoellner

Michigan Journal of International Law

This Note will first sketch the theoretical underpinnings of transparency in an interdisciplinary overview of its possible meanings and advantages in the present context. It will then survey documents and instruments of international economic law in which language embracing the transparency principle is already present. The Note's main section proceeds to ask whether, in the actual application of those agreements, the transparency principle has had any notable impact on the interpretation of state obligations. Finally, in addressing transparency's future role in international economic law, this Note briefly discusses additional problems which might be resolved through a transparency-based approach.

What's Your Sign? -- International Norms, Signals, And Compliance, Charles K. Whitehead

Michigan Journal of International Law

This Article proposes a new approach to understanding state compliance with international obligations, positing that increased interaction among the world's regulators has reinforced network norms, as evidenced in part by a greater reliance among states on legally nonbinding instruments. This Article also begins to fill a gap in the growing scholarship on state compliance by proposing a better framework for understanding how international norms influence senior regulators and how they affect both state decisions to comply as well as levels of compliance.

The Law And The Non-Law, Katharina Pistor

Michigan Journal of International Law

This brief Comment reflects on the construction of the "non-law" as analytical categories in the four contributions. It suggests that the struggle with "non-law" reflects a deeper confusion about the role of law in ordering social relations broadly defined.

A Quantitative Method For Iso 17799 Gap Analysis, Bilge Karabacak, Ibrahim Sogukpinar

All Faculty and Staff Scholarship

ISO/IEC 17799:2005 is one of the leading standards of information security. It is the code of practice including 133 controls in 11 different domains. There are a number of tools and software that are used by organizations to check whether they comply with this standard. The task of checking compliance helps organizations to determine their conformity to the controls listed in the standard and deliver useful outputs to the certification process. In this paper, a quantitative survey method is proposed for evaluating ISO 17799 compliance. Our case study has shown that the survey method gives accurate compliance results in a …

Contending Interventions: Coming To Terms With The Practice And Process Of Enforcing Compliance, Emilian Kavalski

Human Rights & Human Welfare

A review of:

The Purpose of Intervention: Changing Beliefs about the Use of Force by Martha Finnemore. Ithaca, NY: Cornell University Press, 2004. 174pp.

and

International Intervention in the Post-Cold War World: Moral Responsibility and Power Politics edited by Michael C. Davis, Wolfgang Dietrich, Bettina Scholdan, and Dieter Sepp. Armonk, NY: M. E. Sharpe, 2004. 332pp.

International Treaty Enforcement As A Public Good: Institutional Deterrent Sanctions In International Environmental Agreements, Tseming Yang

Michigan Journal of International Law

This Article approaches the issues through the lens of two general questions. First, what are the functions of treaty enforcement and institutional deterrent sanctions? Second, what are the obstacles to the effective deployment of institutional deterrent sanctions in response to noncompliance? This Article elaborates on the instrumental purposes of enforcement as well as its independent normative function. Much of the analysis follows the recent stream of works that combines both international law and international relations theory. These works offer a rich understanding of the conduct of states and the functioning of international legal regimes.

Climate Change And The Use Of The Dispute Settlement Regime Of The Law Of The Sea Convention, Meinhard Doelle

Articles, Book Chapters, & Popular Press

This article explores the connection between obligations to reduce greenhouse gas (GHG) emissions under the climate change regime and obligations to protect the marine environment under the United Nations Convention on the Law of the Sea (UNCLOS). Within the context of the state of the science on the links between climate change and the marine environment, the article considers whether the emission of greenhouse gases as a result of human activity constitutes a violation of various obligations under the UNCLOS. Having identified a number of possible violations, the article proceeds to consider the application of the binding dispute settlement process …

Report On The Comparative Analysis Of Compliance Mechanisms, G. L. Rose

Faculty of Law - Papers (Archive)

Compliance mechanisms under 19 selected multilateral environment agreements are analysed and compared. Existing and potential interlinkages and synergies between their compliance mechanisms are identified trhough the analysis and a survey of international and national practice. The objective is to define strategic opportunities at the international level to use the compliance mechanisms to strengthen national implementation. The erport concludes with a draft action plan.

Restoring (And Risking) Interest In International Law, Edward T. Swaine

GW Law Faculty Publications & Other Works

Jack Goldsmith of Harvard Law School and Eric Posner of the University of Chicago Law School articulate a comprehensive and engaging theory of state behaviors in their new book, “The Limits of International Law,” but with several internal flaws. Their book uses rational choice theory to explain how states act rationally to maximize their interests, and how, in doing so, states align themselves (sometimes) with international law. This book review argues that while Limits is a skilled and pioneering work that deserves to be taken seriously, it also suffers from tensions and over-generalizations that undermine its claims. As a result, …