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2009

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Full-Text Articles in Law

Racial Discrimination In Business Transactions, Robert E. Suggs Dec 2009

Racial Discrimination In Business Transactions, Robert E. Suggs

Robert E. Suggs

When the Supreme Court invalidated a municipal minority business set-aside in City of Richmond v. J.A. Croson Co., it failed to recognize the special circumstances confronting the minority entrepreneur. Contrary to the Court’s own erroneous assertion that “[s]tates and their local subdivisions have many legislative weapons at their disposal both to punish and prevent present [business] discrimination ….” – they do not. Nor can they create effective antidiscrimination remedies as a practical matter. As a result that decision leaves minority business owners vulnerable to discrimination from other business firms but without a remedy. Part I identifies the glaring failure of …


Manifest Greatness Version5 By Marc Guerrero With Tato Malay, Emmanuel Mario B. Santos Aka Marc Guerrero Dec 2009

Manifest Greatness Version5 By Marc Guerrero With Tato Malay, Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS version5 by Marc Guerrero with Tato Malay


Manifest Greatness Version3 By Marc Guerrero With Jay Fajardo, Emmanuel Mario B. Santos Aka Marc Guerrero Dec 2009

Manifest Greatness Version3 By Marc Guerrero With Jay Fajardo, Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS version3 by Marc Guerrero with Jay Fajardo


Manifest Greatness Version2 With Danielle Van Asch-Prevot, Emmanuel Mario B. Santos Aka Marc Guerrero Dec 2009

Manifest Greatness Version2 With Danielle Van Asch-Prevot, Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS version2 by Marc Guerrero with Danielle van Asch-Prevot


Manifest Greatness... Panahon Ng Mga Filipino Ang 21st Century: Ang Asian Century (Ang Pagpapanumbalik Sa Likas Na Karangalan Ng Lahat Ng Filipino Sa Buong Mundo), Emmanuel Mario B. Santos Aka Marc Guerrero Dec 2009

Manifest Greatness... Panahon Ng Mga Filipino Ang 21st Century: Ang Asian Century (Ang Pagpapanumbalik Sa Likas Na Karangalan Ng Lahat Ng Filipino Sa Buong Mundo), Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS Panahon ng mga Filipino ang 21st century: Ang Asian Century (Ang pagpapanumbalik sa likas na Karangalan ng lahat ng Filipino sa buong mundo) Manifest Greatness is a work-in-progress Manifesto of, for and by Filipino citizens of the world in synergy with foreign national friends of the Filipino people worldwide in pursuit of genuine entrepreneurial wisdom


Rational Design Rights Ignorance, David Orozco Nov 2009

Rational Design Rights Ignorance, David Orozco

David Orozco

No abstract provided.


Human Rights Approach To Land Rights In Ethiopia, Belachew M. Fikre Nov 2009

Human Rights Approach To Land Rights In Ethiopia, Belachew M. Fikre

Belachew M Fikre

No abstract provided.


Significant Victories: An Analysis Of Union First Contracts, Tom Juravich, Kate Bronfenbrenner, Robert Hickey Oct 2009

Significant Victories: An Analysis Of Union First Contracts, Tom Juravich, Kate Bronfenbrenner, Robert Hickey

Kate Bronfenbrenner

[Excerpt] After two decades of massive employment losses in heavily unionized sectors of the economy and exponential growth of the largely unorganized service sector, the U.S. labor movement is struggling to remain relevant. Despite new organizing initiatives and practices, union organizing today remains a tremendously arduous endeavor, particularly in the private sector, as workers and their unions are routinely confronted with an arsenal of aggressive legal and illegal antiunion employer tactics. This vigorous opposition to unions in the private sector does not stop once an election is won, but continues throughout bargaining for an initial union agreement, all too often …


The Case For Actively Seeking Startup Companies For “Technology-Push” Inventions From Universities: A Research Agenda, Paul Swamidass Sep 2009

The Case For Actively Seeking Startup Companies For “Technology-Push” Inventions From Universities: A Research Agenda, Paul Swamidass

Paul Swamidass

Google Inc. began as a startup when all the large players in the industry turned down the opportunity to license the technology from Stanford University; Google has since become the leader in the industry with nearly 20,000 employees and a market value of about $150 Billion as of August 2009. Startup companies, using university technologies, have the potential to become a major economic force in the economy. But, it takes additional skills and effort on the part of University Offices of Technology Transfer (UOTT) to license an invention to a startup company compared to the effort needed to license to …


September 11th, John Maynard Keynes, Kenneth J. Arrow, And Me: The Nexus, David Randall Jenkins Sep 2009

September 11th, John Maynard Keynes, Kenneth J. Arrow, And Me: The Nexus, David Randall Jenkins

David Randall Jenkins, Ph.D.

The September 11, 2001 attacks derive from British convictions involving the April 21, 1946 murder of John Maynard Keynes.


Legal And Ethical Implications Of Employee Location Monitoring, Gundars Kaupins, Robert Minch Sep 2009

Legal And Ethical Implications Of Employee Location Monitoring, Gundars Kaupins, Robert Minch

Robert P. Minch

Location technologies allow employers to monitor the location of employees. The technologies range from global positioning systems able to determine outdoor locations worldwide to sensor networks able to determine locations within buildings. Few international laws and no American laws directly address location monitoring. International privacy laws, the Electronic Communications Privacy Act, the USA Patriot Act and other laws involving Internet and e-mail monitoring might provide the pattern for future location monitoring legislation. Ethical considerations such as privacy, accuracy, inconsistency, security, and reputation also may affect future legislation. In writing corporate policies governing location monitoring, the employer’s business interests may outweigh …


Abstract From My Article Re: Proposals For Improving Deficiencies In The Multilateral Investment Guarantee Agency's Noncommercial Risk Insurance Guarantee Program To Enable Private Investor Delivery Of Clean Water Services To Poor Consumers In Africa, Valentina Okaru-Bisant Sep 2009

Abstract From My Article Re: Proposals For Improving Deficiencies In The Multilateral Investment Guarantee Agency's Noncommercial Risk Insurance Guarantee Program To Enable Private Investor Delivery Of Clean Water Services To Poor Consumers In Africa, Valentina Okaru-Bisant

Valentina Okaru-Bisant

Despite the enumerated advantages of MIGA’s non commercial risks insurance guarantee program, deficiencies in the scope and contents of its guarantee program, particularly 1) absence of corruption and consumer conflicts (consumer resistance to private investor participation in water supply services) risk insurance and 2) absence of development based due diligence and risk assessment (DDRA) strategies, stifles ability to enable private investors to invest in the water sector in African nations. Regarding scope, since MIGA’s inception in 1988, it has not provided risk insurance guarantee to private water investors to encourage participation in the delivery of water services in Africa, a …


We Must Guard Against Growing Protectionism, Karl P. Sauvant Aug 2009

We Must Guard Against Growing Protectionism, Karl P. Sauvant

Karl P. Sauvant

No abstract provided.


Lottery Tickets Sold After The Featured Prize Is Claimed: Will The Courts Force The Practice To Be Stopped?, Darren Prum Aug 2009

Lottery Tickets Sold After The Featured Prize Is Claimed: Will The Courts Force The Practice To Be Stopped?, Darren Prum

Darren A. Prum

No abstract provided.


Should Labor Defend Worker Rights As Human Rights? A Debate, Jay Youngdahl, Lance A. Compa Jul 2009

Should Labor Defend Worker Rights As Human Rights? A Debate, Jay Youngdahl, Lance A. Compa

Lance A Compa

The authors debate the relative merits and drawbacks of defining the labor movement under the umbrella of human rights, and the virtues of the rights of the individual versus the solidarity of the community.


Judicial Martial Law - Appendix, David Randall Jenkins Jun 2009

Judicial Martial Law - Appendix, David Randall Jenkins

David Randall Jenkins

No abstract provided.


Cuarto Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García Jun 2009

Cuarto Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Memorias del Cuarto Congreso Nacional de Organismos Públicos Autónomos

"El papel de los Organismos Públicos Autónomos en la Consolidación de la Democracia"


Stop Sending Mixed Signals To General Pinochet, Lance A. Compa May 2009

Stop Sending Mixed Signals To General Pinochet, Lance A. Compa

Lance A Compa

[Excerpt] We should not apologize for U.S. enforcement of the new labor rights laws against Chile. Critics have attacked them as "backdoor protectionism" aimed at keeping out foreign products. U.S. unionists, though, report a genuine enthusiasm among their rank-and-file members, not for the prospect of shutting out foreign goods but the hope of better pay and working conditions for their foreign counterparts.


Learning From The Crisis, Karl P. Sauvant May 2009

Learning From The Crisis, Karl P. Sauvant

Karl P. Sauvant

Interview on “Learning from the Crisis” by the Brazilian magazine PiB: Brazilian Companies Go International, vol. 3, No. 7 (May-June 2009), pp. 22-25.


Norma Da Receita Federal Traz Nova Obrigação Às Sociedades Anônimas De Capital Fechado, Felipe Chagas Villasuso Lago Mar 2009

Norma Da Receita Federal Traz Nova Obrigação Às Sociedades Anônimas De Capital Fechado, Felipe Chagas Villasuso Lago

Felipe Chagas Villasuso Lago Mr.

No abstract provided.


Watch Out For The Rise Of Protectionism In Fdi, Karl P. Sauvant Mar 2009

Watch Out For The Rise Of Protectionism In Fdi, Karl P. Sauvant

Karl P. Sauvant

Karl P. Sauvant, "Watch out for the Rise of Protectionism in FDI,” letter to the editor, Financial Times, 14 March 2009.


Judicial Martial Law, David Randall Jenkins Feb 2009

Judicial Martial Law, David Randall Jenkins

David Randall Jenkins

No abstract provided.


Fisher Management Regimes And Fisheries Governance In Floodplain Wetland Of Assam, Ganesh Chandra Feb 2009

Fisher Management Regimes And Fisheries Governance In Floodplain Wetland Of Assam, Ganesh Chandra

Ganesh Chandra

Assam is endowed with copious aquatic wealth in the form of beels, swamps, ponds and rivers. The floodplain wetlands (beels) extending over one lakh hectare, constitute the most important fishery resource of the state. The beels are considered as one of the most productive ecosystems owing to their characteristic interactions between land and water system. These wetlands are the common property resource and under different management regimes. Livelihood of fishers’ family from time immemorial is dependent upon fishing in floodplain wetlands. Fishers include the actual fishermen belonging to the Schedule castes and the Maimal community of the district of Cachar. …


The Role Of Gender Identities And Stereotype Salience With The Academic Performance Of Male And Female College Athletes, Keith Harrison Feb 2009

The Role Of Gender Identities And Stereotype Salience With The Academic Performance Of Male And Female College Athletes, Keith Harrison

Dr. C. Keith Harrison

An experiment was conducted to examine factors that moderate the experience of academic identity threat among college athletes who represent a stigmatized group on most college campuses (Yopyk & Prentice, 2005). It was hypothesized that because they are more engaged in academics, female college athletes would be especially threatened by the prospect of confirming the “dumb-jock” stereotype. As predicted, female college athletes performed more poorly when their athletic and academic identities were explicitly linked, but only on moderately difficult test items. The results also revealed that male college athletes performed significantly better (see stereotype reactance and self-affirmation) on more difficult …


Stock Enhancement And Its Impact On The Productivity Of Haribhanga Beel In Assam, Ganesh Chandra Jan 2009

Stock Enhancement And Its Impact On The Productivity Of Haribhanga Beel In Assam, Ganesh Chandra

Ganesh Chandra

The floodplain wetlands (beels), extending over one lakh hectare, constitute the most important fishery resource of the Assam. The average productivity of Assam beels is 150-200 kg./ha/year. Many factors can be attributed for this situation, but inadequate auto stocking might be one of the basic reasons. To tide over this situation, rearing of seed in pens could be a viable alternative. Stock enhancement through pen culture was demonstrated by CIFRI at Haribhanga beel with three IMC. The fisher has adopted with modification using three Indian major carp and three exotic carp. A pen enclosure of 5000 m2 has been installed …


Stereotypes And Stigmas Of College Athletes In Tank Mcnamara's Cartoon Strip: Fact Or Fiction?, Keith Harrison Jan 2009

Stereotypes And Stigmas Of College Athletes In Tank Mcnamara's Cartoon Strip: Fact Or Fiction?, Keith Harrison

Dr. C. Keith Harrison

The purpose of this study was to explore the perceptions of National Collegiate Athletic Association (NCAA) Division I student-athletes (N= 43) regarding stereotypical cartoons about athletes. A qualitative approach, which included a visual elicitation technique, was utilized by administering the Lifestyle Association & Representation of Athletes Scale (LARAS). The LARAS explored participants’ perceptions of the following six specific concepts: a) academic support issues; b) academic progress; c) coaches as educators; d) professional sport aspirations; e) media identities, advertising, and representation; and f) cultural issues and recruiting. Five major themes emerged from participants’ perceptions: Big Sport Business, Athletic Image, College Athlete …


Looking For Fair Use In The Dmca's Safety Dance, Ira Nathenson Jan 2009

Looking For Fair Use In The Dmca's Safety Dance, Ira Nathenson

Ira Steven Nathenson

Like a ballet, the notice-and-take-down provisions of the Digital Millennium Copyright Act ("DMCA") provide complex procedures to obtain take-downs of online infringement. Copyright owners send notices of infringement to service providers, who in turn remove claimed infringement in exchange for a statutory safe harbor from copyright liability. But like a dance meant for two, the DMCA is less effective in protecting the "third wheel," the users of internet services. Even Senator John McCain - who in 1998 voted for the DMCA - wrote in exasperation to YouTube after some of his presidential campaign videos were removed due to take-downs. McCain …


The Need For Better Analysis Of High Capacity Services, George S. Ford, Lawrence J. Spiwak Jan 2009

The Need For Better Analysis Of High Capacity Services, George S. Ford, Lawrence J. Spiwak

GEORGE S FORD

In 1999, the Federal Communications Commission (“FCC”) began to grant incumbent local exchange carriers (“LECs”) pricing flexibility on special access services in some Metropolitan Statistical Areas (“MSAs”) when specific evidence of competitive alternatives is present. The propriety of that deregulatory move by the FCC has been criticized by the purchasers of such services ever since. Proponents of special access price regulation rely on three central arguments to support a retreat to strict price regulation: (1) the market(s) for special access and similar services is unduly concentrated; (2) rates of return on special access services, computed using FCC ARMIS data, are …


Firms' Global Patent Strategies In An Emerging Technology, Andrea Fernandez-Ribas Jan 2009

Firms' Global Patent Strategies In An Emerging Technology, Andrea Fernandez-Ribas

Andrea Fernandez-Ribas

Despite international patenting can be a costly and risky investment, an increasing number of firms patent proprietary technologies in foreign countries. This paper explores trends of global patenting in a new domain of technology characterized by rapid globalization. The research setting consists of the population of U.S.-based Large and Small and Mid-Sized firms (SMEs) filing nanotechnology-related patent applications at the World International Patent Office (WIPO) during 1996-2006.

This paper appears in: Science and Innovation Policy, 2009 Atlanta Conference on Publication Date: 2-3 Oct. 2009 On page(s): 1-5 ISBN: 978-1-4244-5041-1 INSPEC Accession Number: 11035266 DOI: 10.1109/ACSIP.2009.5367863 Posted online: 2009-12-28 12:00:57.0


La Economía Que Devuelve España A Los Españoles, Mario Šilar Jan 2009

La Economía Que Devuelve España A Los Españoles, Mario Šilar

Mario Šilar

No abstract provided.