Law Commons^™

Animation As An Early Source For Metaphor Acquisition By Younger Children, Dr. Mahmoud Arif Edan

Midad AL-Adab Refereed Quarterly Journal

The purpose of this study is to highlight evidence the animations the primary source for younger children to acquire metaphors. They can make use of those cartoons to recognise and activate their conceptual maps. The study applied the Conceptual Metaphor Theory (CMT) by Lakoff, & Johnson (1980) to be the theoretical framework of this study. The data collection is one-on-one method interviews (or face to face) which is the major and commonest type of the data collection methods in research whose nature is qualitative, yet this research applies the mixed method that combines the prose of the quantitative and qualitative …

Does The Constitution Allow Private Companies To Use Eminent Domain Against A State? Penn East Pipeline Co., Llc V. New Jersey, Crystal J. Anthony

Ocean and Coastal Law Journal

In 2021 the United States Supreme Court decided in the case PennEast Pipeline Co. v. New Jersey that Section 717(h) of the Natural Gas Act authorized the Federal Energy Regulatory Commission (FERC) to delegate the government’s eminent domain power to private companies. The Court’s decision allows a private company to condemn all “necessary rights-of-way,” whether privately-owned or state-owned land. This case note explores the history of the government’s eminent domain power and the states’ Eleventh Amendment immunity from lawsuits. The majority opinion in PennEast reasoned that the states waived their sovereign immunity at the ratification of the Constitution. Thus, according …

Other Transaction Authorities: Evaluating Innovation Policy Impact Of Alternative Contract Vehicles In The Department Of Defense, Dolores Kuchina-Musina

School of Public Service Theses & Dissertations

Since 1958, government agencies have used Other Transactions (OT) to encourage innovation and the development of new technology. OTs' purpose is to help government agencies acquire leading-edge technology from private sector sources in a flexible, goal-oriented manner. This dissertation is a pilot study assessing whether innovation policies, specifically 10 USC 2371b (Pub. L. No. 114-92, 2015) that authorizes DoD prototype OTs, influence the Department of Defense (DoD) alternative contracting activities to promote the development of innovative technologies and products. Using existing literature and interrupted time series analysis, this dissertation examines publicly available contract data to answer the following research question: …

Theories On Territorial Sovereignty: A Reappraisal, Giovanni Distefano

UAEU Law Journal

Territory and its normative translation, that is territorial sovereignty, are still the cornerstone of contemporary international legal order, as Article 2 (1) of the United Nations Charter solemnly declares. Hence, it is not without interest to enquire into this fundamental legal notion. This article purports to analyse firstly different legal theories which have been advanced so far in order to explain the legal relationship between State and territory; secondly, the so-called mode of acquisition of territorial sovereignty; thirdly, specific territorial situations (such as international administration, protectorates, servitudes, etc.); fourthly, the role of such peremptory rules of public international law (ius …

Real Insider Trading, Michael A. Perino

Washington and Lee Law Review

In popular rhetoric, insider trading cases are about leveling the playing field between elite market participants and ordinary investors. Academic critiques vary. Some depict an untethered insider trading doctrine that enforcers use to expand their power and enhance their discretion. Others see enforcers beset with agency cost problems who bring predominantly simple, easily resolved cases to create the veneer of vigorous enforcement. The debate has, to this point, been based mostly on anecdote and conjecture rather than empirical evidence. This Article addresses that gap by collecting extensive data on 465 individual defendants in civil, criminal, and administrative actions to assess …

22nd Annual Open Government Summit: Office Of The Attorney General: Access To Public Records Act & Open Meetings Act, Attorney General State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Contract Design, Default Rules, And Delaware Corporate Law, Jeffrey Manns, Robert Anderson

Washington and Lee Law Review

Incomplete contract theory recognizes that contracts cannot be comprehensive and that state law necessarily has to fill in gaps when conflicts arise. The more complex the transaction, the more that lawyers face practical constraints that force them to limit the scope of drafting and broadly rely on legal defaults and open-ended terms to plug holes and address contingencies. In theory Delaware law serves as lawyers’ preferred jurisdiction and forum for merger and acquisition (M&A) transactions and other high-end corporate deals because of the state’s superior default rules for corporate law and its judiciary’s expertise in discerning the “hypothetical bargain” of …

What Is A Merger Anyway?, Don Leatherman, Joan Macleod Heminway, Thomas E. Plank

Scholarly Works

Three law professors from different practice and academic backgrounds meet at the water cooler in the faculty wing of a law school in or about 2010. They get engaged in a conversation about mergers and acquisitions that covers much ground--from what a merger actually is (from the perspective of their distinctive areas of legal experience and expertise--business associations, federal income tax, and property law) to factors each believe to be important in choosing a transactional structure for a business combination. This edited panel discussion from the 2019 Business Law Prof Blog symposium, held at The University of Tennessee College of …

Investments And Security: Balancing International Commerce And National Security With Expanded Authority For The Committee On Foreign Investment In The United States, Christopher Jusuf

Catholic University Journal of Law and Technology

What happens when the interests of international trade conflict with those of national security? This article analyzes this question within the context of the Committee on Foreign Investment in the United States (CFIUS), an obscure but increasingly powerful executive panel that exercises the president's broad authority to unilaterally interfere with and stop international mergers and acquisitions. With the passage of the Foreign Investment Risk Review Modernization Act (FIRRMA), CFIUS is more powerful now than it has ever been, and should be a key consideration for any company seeking to do business with foreign investors. This is especially true as America …

21st Annual Open Government Summit: Office Of The Attorney General, Access To Public Records Act & Open Meetings Act, Attorney General State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

The Role Of Input And Interaction In The Acquisition Of Chinese As A Second Language, Xiaoping Gao

Faculty of Law, Humanities and the Arts - Papers (Archive)

Input and interaction have received great attention in second language research due to their dominant role in second language teaching and learning. However, empirical studies that have examined their effects on the acquisition of Chinese as a second language remain scarce. This study fills this gap by comparing the effects of teacher-student interaction and student-student interaction on vocabulary acquisition in Chinese as a second language. Thirty-six adult beginners of Chinese completed ten weeks' study in Australia, in addition to pre- and post- tests and a background questionnaire. Selected participants attended a focus group interview. Statistical analyses show that both types …

Loss Of Human Capital: Corporate Transactions And Their Impact On The L-1 Visa For Employees, Constanza Mundt

Touro Law Review

No abstract provided.

Modeling Median Will-Cost Estimates For Defense Acquisition Programs, Ryan Trudelle, Edward D. White, Clay Koschnick, Brandon Lucas

Faculty Publications

Purpose: The introduction of “should cost” in 2011 required all Major Defense Acquisition Programs (MDAP) to create efficiencies and improvements to reduce a program’s “will-cost” estimate. Realistic “will-cost” estimates are a necessary condition for the “should cost” analysis to be effectively implemented. Owing to the inherent difficulties in establishing a program’s will-cost estimate, this paper aims to propose a new model to infuse realism into this estimate.

Design/methodology/approach: Using historical data from 73 Departments of Defense programs as recorded in the selected acquisition reports (SARs), the analysis uses mixed stepwise regression to predict a program’s cost from Milestone B (MS …

Options For An Indigenous Economic Water Fund (Iewf), First Peoples' Water Engagement Council

Indigenous Water Justice Symposium (June 6)

Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council

15 pages

Contains footnotes

"OPTIONS PAPER for the First Peoples' Water Engagement Council (FPWEC)"

"DATED 20 APRIL 2012"

Abstract: This paper highlights the options for a path forward to establish an Indigenous Economic Water Fund (IEWF) through acquisition of water entitlements¹ by indigenous people in systems where the consumptive pool is fully allocated. The water allocation that comes from indigenous holdings in the consumptive pool is an important mechanism for enabling Indigenous communities to achieve economic development and as such is a legitimate strategy for ‘Closing the Gap’. …

What's Driving Acquisitions? An In-Depth Analysis Of Ceo Drivers Determining Modern Form Acquisition Strategy, Jennifer E. Wuebker

University of Richmond Law Review

Part I provides an overview of the acquisition landscape, including

a brief history of the prevalence and success of acquisitions

as well as an analysis of acquisitions today. Part II outlines

the acquisition process and highlights the importance and dynamics

of decision making, both in principle and in practice. Part

III explores two theories of acquisitive strategy driving CEO decision

making: value enhancement and private interest. Part IV

analyzes the implications of CEO personality and psychological

drivers on acquisition strategy and decision making. This article

argues that CEO traits are central decision drivers, but that no

particular set of traits …

The Acquisition Of Spanish Pronunciation By Welsh Learners: Transfer From A Regional Variety Of English Into Spanish, Alfredo Herrero De Haro

Faculty of Law, Humanities and the Arts - Papers (Archive)

Language teachers agree that the phonetic/phonological distance between a learner’s L1 and L2 is of vital importance in mastering the sounds of the L2; however, no attention is given to the phonetic/phonological distance between the regional variety of the speaker’s L1 and the L2. After comparing linguistic peculiarities of English, and of Welsh English in particular, with Castilian Spanish, the author proceeds to study the interlanguage of advanced students of Spanish from Wales. This helps to explain positive and negative transfer from this variety of English into Spanish and assists in producing a catalogue of the interferences to be corrected. …

Ex Ante Choice Of Jury Waiver Clauses In Mergers, Darius Palia, Robert E. Scott

Faculty Scholarship

This paper examines empirically why sophisticated parties in some merger and acquisition deals choose to waive their right to jury trials and some do not. We examine merger agreements for a large sample of 276 deals for the 11-year period 2001 to 2011. We exclude private company deals and those where the choice of forum and law is Delaware. First, we find that 48.2% of the deals have jury waiver clauses. Second, we find that deals in which New York is chosen as the governing law and forum state are more likely to include a jury waiver clause. No other …

Omnibus Trade And Competitiveness Act Of 1988: Putting The Brakes On Foreign Investment, Christopher J. Foreman

Georgia Journal of International & Comparative Law

No abstract provided.

Rise Of The Intercontinentalexchange And Implications Of Its Merger With Nyse Euronext, Latoya C. Brown

Latoya C. Brown, Esq.

This paper examines the impending merger between the IntercontinentalExchange (ICE) and NYSE Euronext against the backdrop of the current structure of the global financial services industry. The paper concludes that the merger embodies what the financial services industry is becoming and captures the model that will allow exchanges to remain competitive in today’s marketplace: mega-exchanges with broader asset classes and electronic platforms. As technology and globalization threaten their vitality, exchanges will need to continue reinventing and adapting. Increasingly over the last decade they have done so by merging and by moving, at least a part of, their operations on screen. …

The Ambition And Transformative Potential Of Progressive Property, Ezra Rosser

Ezra Rosser

The emerging progressive property school celebrates and finds its meaning in the social nature of property. Rejecting the idea that exclusion lies at the core of property law, progressive property scholars call for a reconsideration of the relationships owners and nonowners have with property and with each other. Despite these ambitions, progressive property scholarship has so far largely confined itself to questions of exclusion and access. This Essay argues that such an emphasis glosses over race-related acquisition and distribution problems that pervade American history and property law. The modest structural changes supported by progressive property scholars fail to account for …

Escrow Mechanism Under Foreign Direct Investment, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

A Herculean Leap For The Hard Case Of Post-Acquisition Claims: Interpreting Fair Housing Act Section 3604(B) After Modesto, Mary Pennisi

Fordham Urban Law Journal

On October 8, 2009, Committee Concerning Community Improvement v. City of Modesto created a split in federal circuit courts over whether FHA § 3604(b) applies to discrimination that occupants suffer after acquiring their dwelling. The question is whether the FHA only applies to discrimination in acquiring their property or afterwards as well. This Note examines the split in federal circuit courts created by Modesto. Part I examines the history of the FHA and theories of statutory interpretation. Part II discusses the split in federal authority and both sides’ interpretative methodologies and rationales. . Part III.A maintains that meaning-based and intent-based …

Honest Services Fraud After Skilling., Pamela Mathy

St. Mary's Law Journal

The United States Supreme Court ruling in Skilling v. United States limits honest services fraud prosecutions of both public officials and private individuals to schemes involving bribes or kickbacks. Over the past two decades, federal prosecutors have used the federal mail and wire fraud statutes to reach schemes which deprive citizens of their money or property and of the intangible right to honest services. The Court’s ruling in Skilling removes a category of deceptive, fraudulent, and corrupt conduct from the scope of the honest services law. By limiting honest services fraud under the statute to bribes and kickbacks, the Court …

Crow Water Rights Settlement Act Of 2010, United States 111th Congress

Native American Water Rights Settlement Project

Federal Legislation: Title IV: Crow Tribe Water Rights Settlement - Crow Tribe Water Rights Settlement of 2010 in the Claims Resolution Act of 2010 (PL111-291| 124 Stat 3097). The Act ratifies, authorizes, and confirms the water rights 1999 Compact between the Crow Tribe and MT. The DOI Secretary shall promptly execute the Compact and comply with applicable environmental acts and regulations. The Act provides for: 1) the Tribe to a) rehabilitate and improve the Crow Irrigation Project; and b) Reclamation to construct the municipal, rural, and industrial water system; 2) creates a Project Management Committee made up of the Tribe, …

Risks And Hedges Of Providing Liquidity In Complex Securities: The Impact Of Insider Trading On Options Market Makers, Stanislav Dolgopolov

Fordham Journal of Corporate & Financial Law

No abstract provided.

Executive Employment Agreements In Tennessee: An Annotated Model Tennessee Executive Employment Agreement, Joan Macleod Heminway, Trace Blankenship

Scholarly Works

The coauthors have constructed an annotated model executive employment agreement for use in connection with mergers and acquisitions, annotated with footnotes on substantive law and legal drafting issues. They intend that this model agreement serve as a research piece, teaching tool, and practitioner resource. This annotated model agreement is the most recent in a series of coauthored merger and acquisition agreements and ancillary agreements and instruments published by Transactions: The Tennessee Journal of Business Law beginning in 2003.

Bills Of Sale In Tennessee: An Annotated Model Tennessee Bill Of Sale, Joan Macleod Heminway

Scholarly Works

The coauthors have constructed a model bill of sale for use in connection with acquisitions, annotated with footnotes on substantive law and legal drafting issues. This model is intended to serve as a research piece, teaching tool, and practitioner resource. This instrument is part of a series of acquisition agreements and related ancillary contracts and instruments published by Transactions: Tennessee Journal of Business Law beginning in 2003.

Is Acquisition Everything? Protecting The Rights Of Occupants Under The Fair Housing Act, Rigel C. Oliveri

Faculty Publications

This article addresses a recent trend among the federal courts to deny housing discrimination claims under the Fair Housing Act in cases where the plaintiff was an occupant of the housing at the time the discrimination occurred. Put another way, the courts have begun to read the FHA as protecting only the right to obtain housing, not the right to occupy that housing free of discrimination.The trend began with a 2004 Seventh Circuit opinion authored by Judge Richard Posner in the case of Halprin v. The Prairie Single Family Homes. Halprin dismissed most of the claims of a Jewish couple …

Acquisition Licenses In Tennessee: An Annotated Model Tennessee Acquisition License Agreement, Joan Macleod Heminway

Scholarly Works

The coauthors have constructed a model license agreement for use in connection with acquisitions, annotated with footnotes on substantive law and legal drafting issues. This model is intended to serve as a research piece, teaching tool, and practitioner resource. This agreement is part of a series of acquisition agreements and related ancillary contracts and instruments published by Transactions: Tennessee Journal of Business Law beginning in 2003.

Providing A Foundation For Analysis Of Volatile Data Stores, Timothy Vidas

Journal of Digital Forensics, Security and Law

Current threats against typical computer systems demonstrate a need for forensic analysis of memory-resident data in addition to the conventional static analysis common today. Certain attacks and types of malware exist solely in memory and leave little or no evidentiary information on nonvolatile stores such as a hard disk drive. The desire to preserve system state at the time of response may even warrant memory acquisition independent of perceived threats and the ability to analyze the acquired duplicate.

Tools capable of duplicating various types of volatile data stores are becoming widely available. Once the data store has been duplicated, current …