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2005

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Articles 1 - 30 of 277

Full-Text Articles in Social and Behavioral Sciences

Qalys And Policy Evaluation: A New Perspective, Matthew D. Adler Dec 2005

Qalys And Policy Evaluation: A New Perspective, Matthew D. Adler

All Faculty Scholarship

“QALYs” (Quality-Adjusted Life Years) are a metric for health and longevity very widely employed by health researchers. Surveys are used to assign health states a quality ranking on zero-one scale, with zero representing a health state no better than death and one perfect health. The total QALY value of a health profile is calculated as the time spent in its component health states, each weighted by its quality. Until a few years ago, despite the huge academic literature on QALY measurement, this approach was seldom used by policymakers in the U.S. But there have been recent signs of governmental interest …


Did Reform Of Prudent Trust Investment Laws Change Trust Portfolio Allocation?, Max M. Schanzenbach, Robert H. Sitkoff Dec 2005

Did Reform Of Prudent Trust Investment Laws Change Trust Portfolio Allocation?, Max M. Schanzenbach, Robert H. Sitkoff

Law and Economics Papers

This paper investigates the effect of changes in state prudent trust investment laws on asset allocation in noncommercial trusts. The old prudent man rule favored “safe” investments

such as government bonds and disfavored “speculation” in stock. The new prudent investor rule, now widely adopted, relies on modern portfolio theory, freeing the trustee to invest based on risk and return objectives reasonably suited to the trust and in light of the composition of the trust portfolio as a whole. Using state- and institution-level panel data from 1986-1997, we find that after a state’s adoption of the new prudent investor rule, trust …


Workplace Flexibility 2010: Facts On Short Term Time Off, Jean Flatley Mcguire, Kaitlyn Kenney Dec 2005

Workplace Flexibility 2010: Facts On Short Term Time Off, Jean Flatley Mcguire, Kaitlyn Kenney

Memos and Fact Sheets

Short Term Time Off (STO) refers to job-protected time away from the workplace (generally 5 days or less) to address anticipated or unexpected issues of limited duration. STO may be scheduled or unscheduled, depending on the underlying need. STO enables workers to address the routine and emergency situations that occur in everybody’s lives.

The need for STO may arise, for example, because a worker or worker’s child is sick or has a routine doctor’s appointment, because a worker has to wait for the plumber or apply for benefits or go to court, or because a worker needs to attend a …


Nothing Dismal About It: Researching Environmental Law Without Getting Swamped, Jennifer Sekula Dec 2005

Nothing Dismal About It: Researching Environmental Law Without Getting Swamped, Jennifer Sekula

Library Staff Publications

No abstract provided.


Alexander Campbell King Law Library Strategic Plan, 2005-2007, University Of Georgia Law Library Dec 2005

Alexander Campbell King Law Library Strategic Plan, 2005-2007, University Of Georgia Law Library

Strategic Plan Documents

This nine page document last revised in December 2005 served as the strategic plan for the University of Georgia School of Law's Library. It contains goals, objectives and strategies. This document served as an approximately three-year guide for the librarians, staff, their services, and library resources. until the next set of revisions took place in March 2007. In 2006 the library did a cumulative review for the first time of the progress so far on this 2005 strategic plan. It is attached here as an additional document. In subsequent years the library would repeat this review process for 2007, 2008 …


"Anticipatory Self-Defense" And Other Stories, Jeanne M. Woods, James M. Donovan Dec 2005

"Anticipatory Self-Defense" And Other Stories, Jeanne M. Woods, James M. Donovan

Law Faculty Scholarly Articles

We argue that the specious justification for the invasion of Iraq -- a war based on a pretext of anticipatory self-defense -- necessarily exacerbates the inherent tendency of war to dehumanize and humiliate the enemy. This tendency is particularly evident in the variant of anticipatory self-defense that we have denominated as "capacity preemption," a type of claim that by definition depends upon characterizations of the opponent as utterly inhuman.

The Bush Doctrine tells a timeless story of self-defense. This story is shaped by an identifiable and predictable narrative structure, one that is able to transform the morally outrageous -- an …


Immigrant Entrepreneurs And Neighborhood Revitalization: Studies Of The Allston Village, East Boston And Fields Corner Neighborhoods In Boston, Ramon Borges-Mendez, Michael Liu, Paul Watanabe Dec 2005

Immigrant Entrepreneurs And Neighborhood Revitalization: Studies Of The Allston Village, East Boston And Fields Corner Neighborhoods In Boston, Ramon Borges-Mendez, Michael Liu, Paul Watanabe

Institute for Asian American Studies Publications

Although somewhat later than other major urban areas, Boston has been experiencing fundamental demographic changes. The 2000 Census reported that for the first time non-Hispanic whites constitute a minority of the city’s population. Subsequent Census estimates confirm an even stronger trend toward a rapidly diversifying population.

Immigration has been a major factor in this growth and diversification. A recent report shows that over the last 15 years more than 22,000 new immigrants have annually settled in Massachusetts. The foreign-born as a percentage of the population has grown from 9.4 percent in 1980 to 14.3 percent in 2004.


Natural Forum And The Elusive Significance Of Jurisdiction Agreements, Tiong Min Yeo Dec 2005

Natural Forum And The Elusive Significance Of Jurisdiction Agreements, Tiong Min Yeo

Research Collection Yong Pung How School Of Law

The Singapore court's power to stay its proceedings by reason of its not being the appropriate forum the proceedings ought not to be continued is underpinned by the common law principle enunciated in The Spiliada that generally a trial should be heard in its natural forum. The Rainbow Joy adds significantly to Singapore law on forum non conveniens on two important points. First, it establishes that it is not necessary to show that the alternative forum abroad is constituted as a court of law. Secondly, the case establishes that whether there is a defense claim on the merits is an …


Equity Analysis And Natural Hazards Policy, Matthew D. Adler Nov 2005

Equity Analysis And Natural Hazards Policy, Matthew D. Adler

All Faculty Scholarship

What is an “equitable” policy for mitigating the impacts of hurricanes, earthquakes, floods, and other natural hazards? Economists tend to see “equity” or “distribution” as irreducibly political and subjective. But, in truth, equity analysis and cost-benefit analysis are on a par. Both require a normative justification. Moreover, normative argument can help us structure equity analysis, just as it can cost-benefit analysis. This chapter, written for a forthcoming book on natural hazards policy after Katrina, argues that equity is a normative consideration distinct from efficiency or overall well-being. It then argues that equity is individualistic, not group-based; ex post, not ex …


Introducing Discipline: Anthropology And Human Rights Administrations, Iris Jean-Klein, Annelise Riles Nov 2005

Introducing Discipline: Anthropology And Human Rights Administrations, Iris Jean-Klein, Annelise Riles

Cornell Law Faculty Publications

Anthropologists engage human rights administrations with an implicit promise that our discipline has something unique to offer. The articles in this special issue turn questions about relevance and care so often heard in the context of debates about human rights outside in. They focus not on how anthropology can contribute to human rights activities, but on what anthropological encounters with human rights contribute to the development of our discipline. They ask, how exactly do we render the subject relevant to anthropology? Reflecting on some ways anthropologists in this field have dispensed care for their subjects, the authors highlight two modalities …


The Epidemiology Of U.S. Immunization Law: Translating Cdc Immunization Guidelines Into Practice: State Laws Related To The Use Of Standing Orders Covering Immunization Practice, Alexandra M. Stewart, Marisa A. Cox, Sara J. Rosenbaum Nov 2005

The Epidemiology Of U.S. Immunization Law: Translating Cdc Immunization Guidelines Into Practice: State Laws Related To The Use Of Standing Orders Covering Immunization Practice, Alexandra M. Stewart, Marisa A. Cox, Sara J. Rosenbaum

Health Policy and Management Faculty Publications

This pilot study examines how five states -- Georgia, Massachusetts, New York, Oregon, and Texas – approach the legal question of delegation of medical practice powers in an immunization practice context.


Globalisation And Urban Crime: Mean Streets Or Lost Suburbs, Mark Findlay Nov 2005

Globalisation And Urban Crime: Mean Streets Or Lost Suburbs, Mark Findlay

Research Collection Yong Pung How School Of Law

This parer introduces notions of contemporary globalisation and the manner in which crime and glotalisation interrelate. In particular, the importance of analysing crime and control at both local and global levels is emphasised. Issues of crime and space are addressed in the context of urbanisation. The tendencies of the city to marginalise, and the consequential criminal outcomes from this environment of modernisation (and the modem city) are discussed. Urban planning has had a crucial part to play in humanising and at the same time distinguishing the global push towards urbanisation, and crime prevention is now a recognised feature of globalised …


Bloggers Beware: The Five Commandments For Bloggers, Warren B. Chik Nov 2005

Bloggers Beware: The Five Commandments For Bloggers, Warren B. Chik

Research Collection Yong Pung How School Of Law

There is a need for Singapore bloggers to be aware of legal issues arising from their online diaries, particularly in the light of the recent cases involving seditious remarks made online by bloggers that resulted in jail terms and fines; and earlier in the year, a dispute arose over allegedly defamatory speeches made by a blogger about A*STAR’s Chairman, Philip Yeo, which was resolved amicably, but not without an apology. The threats of legal repercussions in the form of civil lawsuits and criminal charges serve as reminders of the potential legal problems that can arise from blogging, and indeed from …


Multiracialism Engineered: The Limits Of Electoral And Spatial Integration In Singapore, Eugene K. B. Tan Nov 2005

Multiracialism Engineered: The Limits Of Electoral And Spatial Integration In Singapore, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

This paper examines Singapore's innovations in electoral and spatial integration. In examining the Group Representation Constituency and the Ethnic Integration Policy, a critique is made of the official discourse that multiracialism is internalized and entrenched in Singapore's political psyche and electoral process. While the electoral and spatial integration policies are driven by the objective of enhancing multiracialism, their actual workings do not adequately advance the development of norms and values that would be truly supportive of the need for a multiracial legislature and an abiding commitment to multiracialism. The layering of the electoral system with other political objectives, such as …


2005 Scholars And Artists Bibliography, Stephen D. Slane Dr., Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library Oct 2005

2005 Scholars And Artists Bibliography, Stephen D. Slane Dr., Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti. Dr, Steve Slane was the guest speaker.


Correspondence: To Dr. Edna Saffy From James L. “Skip” Rutherford Iii, Chairman Of The William J. Clinton Foundation, Edna Louise Saffy Oct 2005

Correspondence: To Dr. Edna Saffy From James L. “Skip” Rutherford Iii, Chairman Of The William J. Clinton Foundation, Edna Louise Saffy

Saffy Collection - All Textual Materials

A letter to Dr. Saffy offering a gold-plated keepsake for a donation of $35 or more as a remembrance of the first year anniversary of the William J. Clinton Presidential Center, October 24, 2005.


The Corporate Form As A Solution To A Discursive Dilemma, Edward B. Rock Oct 2005

The Corporate Form As A Solution To A Discursive Dilemma, Edward B. Rock

All Faculty Scholarship

I examine the connection between the discursive dilemma and corporate law. The discursive dilemma (or doctrinal paradox) is a distinctive social choice problem that was first identified by Kornhauser and Sager and later used as the basis for a theory of organizational personality by Pettit. I examine the ways in which the corporate form prevents the emergence of the discursive dilemma in the firm context and the extent to which the presence of the discursive dilemma can provide the foundation for a theory of corporate personality.


Federalism And Antitrust Reform, Herbert J. Hovenkamp Oct 2005

Federalism And Antitrust Reform, Herbert J. Hovenkamp

All Faculty Scholarship

Currently the Antitrust Modernization Commission is considering numerous proposals for adjusting the relationship between federal antitrust authority and state regulation. This essay examines two areas that have produced a significant amount of state-federal conflict: state regulation of insurance and the state action immunity for general state regulation. It argues that no principle of efficiency, regulatory theory, or federalism justifies the McCarran-Ferguson Act, which creates an antitrust immunity for state regulation of insurance. What few benefits the Act confers could be fully realized by an appropriate interpretation of the state action doctrine. Second, the current formulation of the antitrust state action …


Unlv Magazine, Erin O'Donnell, Gillian Silver, Lori Bachand, Regina Barcolas, Tony Allen, Gian Galassi, Suzan Dibella, Diane Russell, Doug Mcinnis, Cate Weeks, Jennifer Robison, Holly Ivy De Vore Oct 2005

Unlv Magazine, Erin O'Donnell, Gillian Silver, Lori Bachand, Regina Barcolas, Tony Allen, Gian Galassi, Suzan Dibella, Diane Russell, Doug Mcinnis, Cate Weeks, Jennifer Robison, Holly Ivy De Vore

UNLV Magazine

No abstract provided.


Short Term Time Off Options For Federal Employees, Workplace Flexibility 2010, Georgetown University Law Center Oct 2005

Short Term Time Off Options For Federal Employees, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.


Evaluation Of The Civic Engagement Initiative, 2003-2004, Paul Watanabe, Anne W. Gathuo, Claudia Green, Michael Liu, Mary Jo Marion, Carmen Vivian Rivera Oct 2005

Evaluation Of The Civic Engagement Initiative, 2003-2004, Paul Watanabe, Anne W. Gathuo, Claudia Green, Michael Liu, Mary Jo Marion, Carmen Vivian Rivera

Institute for Asian American Studies Publications

The CEI integrated high levels of data collection, use, and analysis into its implementation model. TBF and members of the coordinating team also conducted evaluative and summary research at different periods throughout the project. To assess the CEI's impact on voter participation, therefore, the evaluation team reviewed analyses by these stakeholders, including primarily data from the Massachusetts Voter Education Network (MassVOTE, January 2005), LeLievre Information Systems (March 2004; May 2005, ) and Northeast Action (June 2003); reports to the funders group by the donor collaborative liaison Bates Consulting (March 2004; various dates 2005); an evaluative report to TBF by the …


Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr. Oct 2005

Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


Failed States, Or The State As Failure?, Rosa Ehrenreich Brooks Oct 2005

Failed States, Or The State As Failure?, Rosa Ehrenreich Brooks

Georgetown Law Faculty Publications and Other Works

This article seeks to challenge a basic assumption of international law and policy, arguing that the existing state-based international legal framework stands in the way of developing effective responses to state failure. It offers an alternative theoretical framework designed to spark debate about better legal and policy responses to failed states. Although the article uses failed states as a lens to focus its arguments, it also has broad implications for how we think about sovereignty, the evolving global order, and the place of states within it.

State failure causes a wide range of humanitarian, legal, and security problems. Unsurprisingly, given …


Trade Mark Dilution In Singapore: The Aftermath Of Mcdonald’S V Mactea, David Llewelyn Oct 2005

Trade Mark Dilution In Singapore: The Aftermath Of Mcdonald’S V Mactea, David Llewelyn

Research Collection Yong Pung How School Of Law

In a unanimous decision delivered in September 2004, the Court of Appeal of Singapore has ruled against McDonald's Corporation in its attempts to stop a small Singapore company, Future Enterprises Pty Ltd, from registering its marks "MacNoodles", "MacTea" and "MacChocolate". This case has international significance as the Singapore court ruled, confirming the position taken by courts in a number of other jurisdictions, that McDonald's did not have an exclusive right over the prefix "Mc" in relation to food and beverages in the absence of deception or confusion. However, Singapore's trade mark laws have since undergone a major revamp. Under the …


Massworks: Commonhealth, Rick Kugler Sep 2005

Massworks: Commonhealth, Rick Kugler

MassWorks Series, Institute for Community Inclusion

Did you know workers with disabilities can purchase health insurance and receive almost all of the benefits offered through MassHealth Standard? Thanks to CommonHealth, individuals with disabilities in Massachusetts need not choose between vital healthcare benefits and potential job opportunities. CommonHealth is a MassHealth program available to individuals with disabilities who are not eligible for MassHealth Standard. CommonHealth can help promote self-sufficiency by providing low-cost health coverage to workers with disabilities.


Proposed Anti-Spam Legislation Model In Singapore - Are We Losing The War Before Even Starting The Battle?, Warren B. Chik Sep 2005

Proposed Anti-Spam Legislation Model In Singapore - Are We Losing The War Before Even Starting The Battle?, Warren B. Chik

Research Collection Yong Pung How School Of Law

Unsolicited messages have grown into an intractable parasite on the underbelly of an otherwise effectual and vibrant electronic communications regime. There has been a sudden surge in the enactment of anti-spam laws globally within the last couple of years. On 25 May 2004, the Infocomm Development Authority of Singapore and the Attorney-General’s Chambers of Singapore jointly released a Consultation Paper on a Proposed Legislative Framework for the Control of E-mail Spam in Singapore. It is timely to consider the proposed anti-spam legislation model for Singapore in the light of such existing laws in other countries and their levels of effectiveness …


Day 3: Friday, 19 August 2005: Habitat Conservation Plans, Susan Linner, Anne Ruggles, Anne Winans Aug 2005

Day 3: Friday, 19 August 2005: Habitat Conservation Plans, Susan Linner, Anne Ruggles, Anne Winans

Endangered Species Act Congressional Field Tour (August 17-19)

5 pages (includes illustration).

Contains references.


Day 3: Friday, 19 August 2005: Section 7 Consultation, Susan Linner, Leslie Elwood, Steve Culver Aug 2005

Day 3: Friday, 19 August 2005: Section 7 Consultation, Susan Linner, Leslie Elwood, Steve Culver

Endangered Species Act Congressional Field Tour (August 17-19)

10 pages (includes color illustrations and map).

Contains references.


Day 3: Friday, 19 August 2005: States And The Esa, Pam Inmann, Tom Norton Aug 2005

Day 3: Friday, 19 August 2005: States And The Esa, Pam Inmann, Tom Norton

Endangered Species Act Congressional Field Tour (August 17-19)

1 page.

Contains references.


Discounts And Exclusions, Herbert J. Hovenkamp Aug 2005

Discounts And Exclusions, Herbert J. Hovenkamp

All Faculty Scholarship

The discounting practices of dominant firms has emerged as one of the most problematic areas of private antitrust enforcement against single-firm conduct. The most difficult discount practices to assess are bundled, or multi-product discounts in situations where no significant rival produces every product that is included in the bundle. A debate has emerged over whether such discounts are properly assessed under a legal test that analogizes them to predatory pricing or to tying. Defendants typically prefer predatory pricing analogies, requiring a showing that the price of the assembled bundle was below a relevant measure of cost, such as marginal cost …